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Government > Minutes

Overview  |  Board of Trustees  |  Planning Commission
Zoning Board of Appeals

Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, JUNE 11, 2007

PRESENT: Barnett, Buckley, Devine, Payne, Roncelli, Stefanes, Savoie

Also present, Attorney William Hampton

ABSENT: None

Supervisor Payne welcomed the public and led the Pledge of Allegiance.

ITEM #1 Approved Board Minutes of May 29, 2007

ITEM #2 Proclamation to Honor Brett Alberts, Eagle Scout

BLOOMFIELD TOWNSHIP RESOLUTION

BRETT ALBERTS, EAGLE SCOUT

WHEREAS, it has come to our attention that Brett Alberts has completed the requirements for the highest Boy Scout award, the rank of EAGLE SCOUT; and

WHEREAS, to achieve EAGLE rank, a scout must earn at least 21 merit badges, complete a major community service project and pass a board of review by a national scouting representative; and

WHEREAS, Brett earned 23 merit badges and held various leadership positions with Bloomfield Hills Troop 1036, including quartermaster where he was responsible for managing and maintaining all of the troop’s equipment; and

WHEREAS, Brett served the community by collecting over 600 used eyeglasses, which he repaired, cleaned and had prescriptions identified; and

WHEREAS, the glasses were then shipped to a Christian Mission in Haiti, which was in the process of opening a new eye clinic for their community; and

WHEREAS, Brett passed his Eagle Board of Review in January 2007.

NOW, THEREFORE BE IT RESOLVED that Bloomfield Township recognizes the outstanding achievements of Brett Alberts. The Board of Trustees and Township residents do hereby extend to Brett our sincere CONGRATULATIONS.

BE IT FURTHER RESOLVED, that we take this opportunity to wish Brett a bright and successful future.

Dated this 11th day of June 2007

_____________________________

Janet M. Roncelli

Bloomfield Township Clerk

 

ITEM #3 Proclamation to Honor Nick Garzoni, Eagle Scout

BLOOMFIELD TOWNSHIP RESOLUTION

NICK GARZONI, EAGLE SCOUT

WHEREAS, it has come to our attention that Nick Garzoni has completed the requirements for the highest Boy Scout award, the rank of EAGLE SCOUT; and

WHEREAS, to achieve EAGLE rank, a scout must earn at least 21 merit badges, complete a major community service project and pass a board of review by a national scouting representative; and

WHEREAS, Nick earned 24 merit badges and held the position of Senior Patrol Leader with Bloomfield Hills Troop 1036, the troop’s highest scout leadership position; and

WHEREAS, Nick served the community by collecting 67 used bicycles, which he cleaned and repaired; and

WHEREAS, the bicycles collected by Nick to complete the project, were donated to underprivileged children at LeBaron Elementary in Pontiac; and

WHEREAS, Nick passed his Eagle Board of Review in April 2007.

NOW, THEREFORE BE IT RESOLVED that Bloomfield Township recognizes the outstanding achievements of Nick Garzoni. The Board of Trustees and Township residents do hereby extend to Nick our sincere CONGRATULATIONS.

BE IT FURTHER RESOLVED, that we take this opportunity to wish Nick a bright and successful future.

Dated this 11th day of June 2007

_____________________________

Janet M. Roncelli

Bloomfield Township Clerk

 

ITEM #4 Consider Approval of a Final Site Plan for Marathon Service Station/Sharp Investments, 43020 Woodward Avenue

Patti McCullough, Director of Planning and Building, made the presentation.

This site is located at the northeast corner of Woodward Avenue and Square Lake Road. Marathon Service Station is seeking approval to renovate the existing building and construct a new canopy structure with site improvements.

Site improvements will include air conditioners to be located within the roof of the service station building, trash dumpsters will be screened by a masonry wall with a wooden gate, existing masonry wall will be enhanced, the current landscaping will be enhanced with new flowering and the planting beds will be maintained by an irrigation system.

MOTION by Barnett and SUPPORT by Devine to APPROVE the Final Site Plan for the Marathon Service Station Located at 43020 Woodward Avenue Contingent Upon the Zoning Board of Appeals Approval of Canopy Height and Removal of any On-Site Vehicle Storage.

AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie, Stefanes

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the foregoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on June 11, 2007.

_____________________________

Janet M. Roncelli

Bloomfield Township Clerk

ITEM #5 Consider Approval of a Final Site Plan/Special Use Permit for the Fox Hills Community Association Pool Complex, Fox Hills Subdivision

Patti McCullough, Director of Planning and Building, made the presentation.

The Fox Hills Subdivision Association has applied for a special use permit so that a swimming pool club may be able to utilize the neighborhood pool.

The special use permit section (Article IV, Section 401 (5)) of the Bloomfield Township Zoning Ordinance requires certain standards to be met by the applicant as consideration in the approval process. The Association has adhered to most of the requirements with the exception of the lighting within the pool area.

McCullough recommended that the Board approve the special use permit application, subject to the following conditions:

One-year approval for the 2007 swim season.

Adherence to the applicant’s submitted parking policy to adequately address the increase in traffic and parking demands during the three annual swim team events.

Allow the inclusion of a maximum of 15 nonresident swimmers each year.

Comply with the Township Departmental comments and adherence with all Fire Department requirements.

Contact the Police and Fire Departments prior to swim events.

Adherence the requirement of all lighting being shielded to the satisfaction of the Township within 30 days.

MOTION by Devine and SUPPORT by Roncelli to APPROVE the Special Use Permit for the Fox Hills Swim Club Contingent Upon the Six Conditions Noted Above.

AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie, Stefanes

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the foregoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on June 11, 2007.

_____________________________

Janet M. Roncelli

Bloomfield Township Clerk

ITEM #6 Introduction of Lot Split Request – 1485 Club Drive (19-08-151-021)

Richard Merlini is seeking approval to divide his property into two lots. The existing home is intended to remain on the proposed new parcel B.

The proposed parcels must conform to the Township’s Lot Split Ordinance requirements. There are certain areas in which the parcels do not comply:

Proposed Parcel B does not comply with the 140 ft. frontage and an average lot depth of 719 ft.

Parcels A and B do not meet the average lot width or average land area.

A potential building footprint was not provided for Parcel A. Parcel A must comply with the minimum front, side and rear setbacks of the R-2 Single Family District.

The proposed configuration of Parcel A and B is not rectangular in form. The proposed common lot line that would subdivide the property could be straightened to intersect with Club Drive.

MOTION by Savoie and SUPPORT by Barnett to TABLE the Introduction of the Lot Split Request for 1485 Club Drive until June 25, 2007 so that the Applicant may Provide Proper Documentation to the Planning Department by June 14, 2007.

AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie, Stefanes

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the foregoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on June 11, 2007.

_____________________________

Janet M. Roncelli

Bloomfield Township Clerk

ITEM #7 Forest Lake Weir – Special Assessment District (S.A.D.) Formation

A 50 – 60 year old Weir exists at the corner of Lochridge and Club Drive and is operated by the Lake Associations in the area. It controls lake levels on Upper Long Lake, Forest Lake and Lower Long Lake. It is in need of repair as well as renovation to bring it up to today’s standards.

The Township does not want to take control or responsibility of the Weir, but assist the Associations with funding. The estimated cost to repair and renovate the structure is $114,000.00.

The first resolution, if approved, starts the process and then Hubbell, Roth & Clark, Inc. (HRC) will finalize the plans. The plans would be approved in conjunction with the second resolution, which would call for a public hearing.

MOTION by Barnett and SUPPORT by Devine to APPROVE Resolution No. 1 for the Forest Lake Weir As Prepared.

CHARTER TOWNSHIP OF BLOOMFIELD

FOREST LAKE OUTLET STRUCTURE

SPECIAL ASSESSMENT DISTRICT NO. 400

RESOLUTION NO. 1

At a regular meeting of the Board of Trustees (Board) of the Charter Township of Bloomfield, Oakland County, Michigan, held at Bloomfield Township Hall, 4200 Telegraph Road, Bloomfield, MI 48303-0489 on June 11, 2007.

RECITALS

The Township Board, pursuant to MCL§41.722(1)(n) and (o), is authorized to make improvements and to maintain lakes within its jurisdiction and has considered plans submitted by the Township’s Consulting Engineers for reconstructing a control structure located on a portion of Lot 36, Indianwood Subdivision, the improvement to be referred to as the Forest Lake Outlet Structure, to benefit and provide service to the following properties:

PROPERTIES WITHIN THE UPPER LONG LAKE LAKE BOARD DISTRICT

PROPERTIES WITHIN THE LOWER LONG LAKE LAKE BOARD DISTRICT

PROPERTIES WITHIN THE FOREST LAKE LAKE BOARD DISTRICT

The Forest Lake Outlet Structure improvements (and probable costs) are described as follows:

Construction Items Cost

1. Mobilization and General Conditions $5,000.00

2. Pumping/Dewatering $5,000.00

3. Preparation/Grout Voids $2,000.00

4. Shotcreting w/Wire Mesh $20,000.00

5. Reconstruct Small Chamber – Raise Wall Height $7,000.00

Repair Misc. Demolition $2,000.00

Remove Stop Log Channels $1,000.00

Actuated Weir Gate $14,000.00

Galvanized Steel Grating & Frame $6,600.00

BILCO Hatch (or equal) $1,700.00

Site Protection/Restoration, Misc. $1,000.00

Traffic Control $5,000.00

Restoration $7,000.00

Field Observation $5,000.00

Sub Total $82,300.00

Engineering Administrative Items

1. Preliminary Investigation, Cost Estimate, Reports, Etc. $5,000.00

2. Televising Structure/Intake Pipe $1,850.00

3. Design, Layout, Contract Administration, Etc. $16,850.00

4. Field Survey/Easement Document Preparation $3,000.00

Construction Contingencies $5,000.00

Sub Total $31,700.00

Total $114,000.00

WHEREAS, the reconstruction of the Forest Lake Outlet Structure on a portion of Lot 36, Indianwood Subdivision in the Charter Township of Bloomfield, as described above, will benefit the above-mentioned properties by improving and maintaining the lakes upon which they front or to which they have access rights; and

WHEREAS, this Board desires to proceed with said improvement;

NOW, THEREFORE, be it resolved by the Board of Trustees of the Charter Township of Bloomfield, Oakland County, Michigan, as follows:

1. That this Board hereby tentatively declares its intention to make the above-described improvement.

2. That the said improvement shall be known as Forest Lake Outlet Structure Special Improvement District No. 400, and the special assessment district therefore shall be correspondingly so designated.

3. That the Township Consulting Engineer is hereby requested to prepare plans showing the proposed improvement and the location thereof, and an estimate of the cost thereof, and when prepared, present the same to the Board.

STATE OF MICHIGAN )

)SS

COUNTY OF OAKLAND )

AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie, Stefanes

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the foregoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on June 11, 2007.

_____________________________

Janet M. Roncelli

Bloomfield Township Clerk

ITEM #8 Michigan Emergency Management Assistance Compact (MEMAC) Resolution – Presented by Fire Chief Chartier

This resolution is designed to establish rules for reimbursement by the federal government to local municipalities for wages and insurance paid to employees during times of disasters.

Treasurer Devine asked if, by signing the agreement and approving the resolution, Bloomfield Township employees would be forced to assist when notified. Fire Chief Chartier responded that the Township would be able to choose which situations to assist based upon manpower at that time.

Trustee Stefanes questioned whether the Township could "drop out" of the program at any time or if this would be considered a contract. Chartier stated that a 30 – 60 day notice would be required to remove the Township from the agreement.

MOTION by Devine and SUPPORT by Buckley to APPROVE the Michigan Emergency Management Assistance Compact (MEMAC) Resolution.

Michigan Emergency Management Assistance Compact

Resolution

WHEREAS, the State of Michigan Emergency Management Act, Act 390 of the Public Acts of 1976, as amended M.C.L. 30.401 et.seq. authorizes the State and its political subdivisions to provide emergency aid and assistance in the event of a disaster or emergency; and

WHEREAS, the statutes also authorize the State to coordinate the provision of any equipment, services, or facilities owned or organized by the State or its political subdivisions for use in the affected area upon request of the duly constituted authority of the area; and

WHEREAS, this Resolution authorizes the request, provision, and receipt of interjurisdictional mutual assistance in accordance with the Emergency Management Act, Act 390 of the Public Acts of 1976, as amended among political subdivisions within the State;

NOW, THEREFORE, be it resolved that in order to maximize the prompt, full and effective use of resources of all participating governments in the event of an emergency or disaster we hereby adopt the Michigan Emergency Management Assistance Compact, which is attached hereto and incorporated by reference.

AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie, Stefanes

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the foregoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on June 11, 2007.

_____________________________

Janet M. Roncelli

Bloomfield Township Clerk

 

ITEM #9 Consider Approval of Fireworks Permit, 2286 E. Hammond Lake Dr.

The Hammond Lake fireworks display will be held on July 7, 2007 at dusk.

The Board also amended the 2005 insurance requirements for fireworks permits to reflect the new amounts below but the policy will remain in effect.

MOTION by Buckley and SUPPORT by Devine to APPROVE the Amended Fireworks Insurance Requirements.

MOTION by Savoie and SUPPORT by Buckley to APPROVE the Fireworks Permit for 2286 E. Hammond Lake Dr.

AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie, Stefanes

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the foregoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on June 11, 2007.

_____________________________

Janet M. Roncelli

Bloomfield Township Clerk

 

ITEM #10 Consider Adoption of Ordinance 586, Code of Ordinances Adopting Ordinance

MOTION by Savoie and SUPPORT by Buckley to ADOPT Ordinance 586, Code of Ordinances Adopting Ordinance.

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF BLOOMFIELD

ORDINANCE NO. 586

CODE OF ORDINANCES ADOPTING ORDINANCE

AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD, WHICH INCLUDES REPEALING, REVISING, AMENDING, RESTATING, CODIFYING, AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE CHARTER TOWNSHIP OF BLOOMFIELD; PROVIDING FOR A PENALTY FOR VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND, PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

Section 1 of Ordinance. Purpose and Intent.

The present general and permanent ordinances of the Township are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety, and general welfare of the municipality and for the proper conduct of its affairs. The State of Michigan legislation empowers and authorizes the Township to revise, amend, restate, codify, and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form. The Township Board has authorized a general compilation, revision, and codification of the ordinances of the Township of a general and permanent nature and publication of such ordinance in book form. It is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety, and general welfare of the municipality that this ordinance take effect at an early date.

Section 2 of Ordinance. Short Title.

This Ordinance shall be known as the "Code of Ordinances Adopting Ordinance" and may be so cited.

Section 3 of Ordinance. Adoption of Code of Ordinances.

The general ordinances of the Township as revised, amended, restated, codified, and compiled in book form attached hereto and incorporated herein, are hereby adopted as and shall constitute the "Code of Ordinances of the Charter Township of Bloomfield, Michigan."

Such Code of Ordinances as adopted in Section 1 shall consist of the following Chapters:

{See Attached and Incorporated Exhibit A, Table of Contents}

Section 4 of Ordinance. Penalty.

Whenever in this Code or any ordinance of the Township an act is prohibited or is made or declared to be a misdemeanor or a municipal civil infraction, or whenever in this code or any ordinance the doing of any act is required or the failure to do any act is declared to be a misdemeanor or municipal civil infraction, the violation of any such provision by any person shall, upon conviction of a misdemeanor, be punished by a fine not exceeding $500.00 or imprisonment for a term not exceeding 90 days, or both, except whenever a specific is otherwise provided. Whenever any such violation shall constitute a municipal civil infraction, a finding of responsibility shall be punished by a civil fine not exceeding $500.00, except whenever a specific penalty is otherwise provided.

Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the Township may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

Section 5 of Ordinance. Code Additions or Amendments.

Additions or amendments to the Code when passed in such form as to indicate the intention of the Township Board to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6 of Ordinance. Later Ordinances.

Ordinances adopted after March 26, 2007 that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

Section 7 of Ordinance. Repealer.

All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code.

Section 8 of Ordinance. Savings.

All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this ordinance takes effect are saved and may be consummated according to the law in force when they were commended.

Section 9 of Ordinance. Prior Ordinances Not Revived.

The repeal provided for in Section 4 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 10 of Ordinance. Severability.

Should any section, subdivision, clause, or phrase of this Ordinance be declared by the courts to be invalid, the validity of the ordinance as a whole, or in part, shall not be affected other than the part invalidated.

Section 11 of Ordinance. Effective Date.

This ordinance shall take effect immediately upon publication in the manner prescribed by law.

EXHIBIT A

TABLE OF CONTENTS

AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie, Stefanes

NAYS: None

ORDINANCE DECLARED ADOPTED.

I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the foregoing is a true and correct copy of an ordinance adopted by the Board at their regular meeting held on June 11, 2007.

_____________________________

Janet M. Roncelli

Bloomfield Township Clerk

 

ITEM #11 Consider Adoption of Ordinance 587, Solicitation Amendment, and Resolution

MOTION by Barnett and SUPPORT by Devine to ADOPT Ordinance 587, Solicitation Amendment.

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF BLOOMFIELD

ORDINANCE NO. 587

SOLICITATION AMENDMENT

AN ORDINANCE TO AMEND ORDINANCE NO. 551, THE TOWNSHIP SOLICITATION ORDINANCE, TO REGULATE ORGANIZATIONS AND PERSONS SOLICITING AND, TO REQUIRE REGISTRATION, DISCLOSURE OF INFORMATION, LICENSING, INCLUDING AN ADMINISTRATIVE PROCESSING FEE AND/OR LICENSE FEE AND AN IDENTIFICATION CARD BEFORE SOLICITING, AND TO EXEMPT QUALIFIED VETERANS.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

Section 1. Purpose

The Township Board having determined that it is in the best interest of Bloomfield Township to enact an Ordinance regulating organizations and persons soliciting in the Township, the enactment of said Ordinance being necessary to promote and protect the public safety of those persons soliciting as well as to protect the public safety, protect residents’ privacy, as well as preventing fraud as to those persons in the Township being solicited.

Section 2. Definitions

The following words and terms shall have the following definitions for the purposes of this Ordinance.

A. Person: An individual, organization, group, association, partnership, corporation, trust, business entity or any combination of the above.

B. Soliciting Material: Printed or similar materials, including but not limited to the labels, posters, brochures, flyers, pamphlets, magazines, booklets, books and other like items used in the course of and for the purposes of soliciting.

C. Solicitor:

(1) A person who solicits when traveling either by foot, wagon, automobile, motor truck, or other means of conveyance from place to place, from house to house or from street to street.

(2) A person who hires, leases, uses or occupies any building, structure, hotel, room, shop or any other place for the sole purpose of exhibiting samples or soliciting material and taking orders for future delivery.

(3) The word solicitor shall include but not be limited to the words canvassers, peddler, and hawker.

D. Solicits: The act of offering or attempting to offer wares, merchandise, services, items of personal property, real property, either for immediate or future delivery; or the act of seeking or attempting to seek contributions either in money or services for charitable or commercial purposes.

Section 3. License Required

No person shall be a solicitor and/or solicit in Bloomfield Township without first obtaining a license therefore. An application for a license shall be made to the Township Clerk. In the event that the application is made by an organization, group, association, partnership, corporation, trust, business entity or any combination of the above, an application must be made for each agent or employee who shall be engaging in the act of soliciting.

Section 4. License Application

A license application filed hereunder shall furnish the following information:

(A) Name and description of the applicant.

(B) Permanent home address and full local address of the applicant.

(C) A brief description of the nature of the solicitation contemplated.

(D) If the applicant is an employee, the name and address of the employer, together with the credentials establishing the exact employer/employee relationship.

(E) The length of time the applicant intends to solicit.

(F) The place where the wares, merchandise, services, items of personal property or real property are located, manufactured or produced, where such items are located at the time said application is filed and the proposed method of delivery.

G) One photograph of the applicant, said photograph being from the applicant’s driver’s license, and a copy of said driver’s license to be attached to the applicant’s application. If the applicant does not have a driver’s license, the photograph may be from a state identification card, and a copy of said state identification card shall be attached to the applicant’s application. In the event that the application does not have a driver’s license or a state identification card, then the application shall submit a photograph which shall be at least 2" x 2" and show the head and shoulders of the applicant in a clear and distinguishing manner.

(H) The applicant’s social security number.

(I) A statement as to whether or not the applicant has been convicted of any felony, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefore.

Section 5. Administrative Fee and/or License Fee

There shall be a reasonable administrative processing fee and/or license fee required by the Township to obtain a solicitor’s license from the Township. The administrative processing fee and/or license fee shall be declared by resolution of the Township Board.

Section 6. Issuance, Possession, and Presentation of License

Upon approval of the license application, the Township Clerk shall issue a license and license identification card including the name, address, and photo of the licensed person. The licensed person shall visibly display on their person at all times the license identification card when conducting activities permitted by the license. The licensed person must produce and present the license identification card upon the request of any Township official or person being solicited. Failure to visibly display on their person and/or present the license identification card may result in revocation of the license subject to Section 7. Failure to visibly display on their person and/or present the license identification card may result in penalty imposed under Section 11.

Section 7. License Revocation

A license may be suspended or revoked by the Township Board for violation of this Ordinance after reasonable notice and opportunity to be heard. The Township Board may suspend on an emergency basis, without hearing, any license issued to the solicitor when the Township Board specifies in the notice of emergency suspension, the reasons and grounds indicating the violation of this Ordinance which constitutes the emergency. The notice shall set forth that within 48 hours, at a designated time and place, a hearing shall be held on whether the license shall be permanently suspended or revoked. The solicitor may show compliance with the requirements of this Ordinance and shall have the burden of adducing the evidence.

Section 8. Prohibited Activities

The following acts or activities shall be prohibited:

(A) Fixed stands prohibited. No solicitor shall stop or remain in one place upon any street, alley or public place.

(B) Prohibited areas. No solicitor shall obstruct any street, alley, sidewalk or driveway.

(C) Litter. No solicitor shall litter any street, alley, sidewalk, driveway, or private property in the Township.

(D) Curb service prohibited. No solicitor shall operate or maintain any stand, vehicle, store or place of solicitation on or near any highway. No solicitor shall be permitted to use the streets, alleys, lanes or public places of the Township for soliciting or to use any stands, stores or other places of transaction in any manner that requires the person wishing to participate in a transaction, when engaged in the transaction, to stand within the limits of the streets, highways, alleys or public places of the Township.

(E) Prohibition of entry upon private property expressly requesting no solicitation. No solicitor shall enter upon and/or call upon a place of residence or business within Bloomfield Township after having been expressly notified by the occupant of the place of residence or business that no solicitation is desired, or if the place of residence or business visibly displays on its property and/or premises a sign indicating "no soliciting", "no solicitation" and/or other language specifically conveying the message that no soliciting is desired.

(F) Prohibition of creation of nuisance. No solicitor shall threaten or annoy any resident of the Township in the course of their solicitation or in any way engage in any conduct which is or would tend to create a nuisance.

Section 9. Hours of Operation

Soliciting may take place within the Township between the hours of 11:00 a.m. in the forenoon and 7:00 p.m. in the evening while daylight savings time is in effect and from 11:00 a.m. in the forenoon and 5:00 p.m. in the evening when daylight savings time is not in effect.

Section 10. Exempt Persons

The following persons shall be exempt from the licensing requirements, administration and/or license fee, and license identification card requirements of this Ordinance, but shall be subject to the other provisions herein:

(A) Persons engaged in the occupation of sale or of distribution of newspapers.

(B) Persons engaged in soliciting on foot within one-half mile of their residence.

(C) Persons engaged in non-commercial, religious canvassing.

(D) Persons engaged in the distribution of handbills, signed or unsigned, political or otherwise.

(E) Persons duly licensed under Act 359 of 1921, MCL 35.441, et seq. (Qualified Veterans).

Section 11. Penalty

Any person or persons violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than $500.00 plus costs of prosecution or by imprisonment for not more than 90 days or by both fine and costs and imprisonment in the discretion of the Court.

Section 12. Repealer

All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect

Section 13. Severability

Should any section, subdivision, clause, or phrase of this Ordinance be declared by the Courts to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the parts so invalidated.

Section 14. Savings

All proceedings pending and all rights and liabilities existing acquired or incurred at the time this Ordinance takes effect, are saved and may be consummated according to the law enforced when they are commenced.

Section 15. Effective Date

The provisions of this Ordinance are hereby ordered to take effect thirty days after publication in the Birmingham Eccentric, a newspaper circulated within the Township.

Section 16. Adoption

This Ordinance is hereby declared to have been adopted by the Township Board of the Township of Bloomfield in a meeting thereof duly held and called on the ____ of June, 2007.

MOTION by Barnett and SUPPORT by Devine to ADOPT the Resolution for Ordinance 587.

RESOLUTION

WHEREAS, the Township Board of the Charter Township of Bloomfield has adopted Ordinance No.587, an ordinance to amend Ordinance 551, the Township Solicitation Ordinance; and

WHEREAS, pursuant to said amended ordinance, Section 5, the Township shall impose a reasonable administrative processing fee and/or license fee for applicants to obtain a solicitors license from the Township; and

WHEREAS, pursuant to Section 5, the administrative processing fee and/or license fee shall be declared by resolution of the Township Board;

NOW, THEREFORE BE IT RESOLVED by the Township Board of the Charter Township of Bloomfield that an administrative processing fee and/or license fee shall be established in the amount of Twenty ($20.00) Dollars per person.

AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie, Stefanes

NAYS: None

RESOLUTION & ORDINANCE DECLARED ADOPTED.

I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the foregoing is a true and correct copy of an ordinance and resolution adopted by the Board at their regular meeting held on June 11, 2007.

_____________________________

Janet M. Roncelli

Bloomfield Township Clerk

ITEM #12 Approve Payroll and Vouchers

MOTION by Buckley and SUPPORT by Roncelli to APPROVE payroll and vouchers A002406-A002420; B016229-B016398; E002293-E002306 totaling $3,703,191.27.

AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie, Stefanes

NAYS: None

 

ITEM #13 Public Comment

There were four people who spoke to the board regarding agenda item # 5:

Pam Gaboury, 1963 Hunters Ridge Dr.

Dennis Scheiber, 524 Sedgefield Dr.

Michelle Haw, 432 Weybridge Dr.

Bruce Boerkoel, 2004 Fox Glen Ct.

Judy Slivinski thanked the Board for the conditional approval of agenda item #9.

Marcia Gershenson addressed the Board regarding brochures for Oakland County’s dental plan.

MOTION by Barnett and SUPPORT by Roncelli to REMOVE the Innerwoods lot split request from the Table due to the sale of the property.

AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie, Stefanes

NAYS: None

Included in Board Packet: Bloomfield Twp. Fire Dept. – April 2007 Monthly Report

Road Commission for Oakland County (RCOC) Letter Regarding Highland Drive Paving Request

Friends of Bloomfield Township CERT

(Minutes for Board of Director Meeting on 6/6/07)

TABLED ITEMS: Innerwoods Lot Split

(Tabled Indefinitely)

Cost Recovery Resolution

(Tabled Indefinitely)

 

Meeting adjourned at 9:55 p.m.

Per the Michigan Township Association Record Retention General Schedule #10, MCL 399.5, the audio recordings of Board minutes will be destroyed upon approval of the written minutes of the meeting to which the tapes refer.

_____________________________

Janet M. Roncelli

Bloomfield Township Clerk

 

 

 

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Charter Township of Bloomfield
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P.O. Box 489
Bloomfield Hills, MI 48303-0489
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