Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, JULY 9, 2007

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

Also present, Attorney William Hampton

ABSENT: None

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

ITEM #1 Approved Board Minutes of June 25, 2007

ITEM #2 Eastover Farms (Sunnyhill Ct.) Sanitary Sewer Extension

Wayne Domine, Director, Engineering and Environmental, made the presentation.

In April 2006, the septic system at 3340 Sunnyhill Ct., Eastover Farms Subdivision, failed. In June 2006, the Oakland County Health Department notified the homeowners that soils on their property were not suitable for replacing the septic system.

The homeowners attempted to have a Special Assessment District (S.A.D.) created for a new public sewer to serve six homes, but the required petition failed due to lack of support. However, the Bloomfield Township Engineering and Environmental Department believes that, due to the age of the homes, the septic systems in the proposed S.A.D. are nearing the end of their lifespan and will likely have sewage treatment issues.

Discussion ensued as to how the Township would be repaid since not all six homes are in favor of the special assessment district being created. The Township will absorb two thirds of the cost, approximately $156,000.00, until the other four homes connect to the sewer system.

MOTION by Barnett and SUPPORT by Devine to APPROVE the Eastover Farms (Sunnyhill Ct.) Sanitary Sewer Extension and to AUTHORIZE the Township to Proceed with Plans, Specifications and Cost Estimates for Creating a Special Assessment District.

RESOLUTION TO PROCEED WITH PREPARATION OF PLANS, SPECIFICATIONS, AND COST ESTIMATE FOR A PROPOSED SPECIAL ASSESSMENT DISTRICT

At a regular meeting of the Board of Trustees (Board) of the Charter Township of Bloomfield, Oakland County, Michigan, held at 4200 Telegraph Road, Bloomfield Hills, MI 48303-0489 on July 9, 2007.

R E C I T A T I O N S:

The Township is considering constructing the proposed improvement described below, and the establishment of a special assessment district to defray the cost of such improvement by special assessment against the benefited properties.

The proposed improvement ("the Project") is the installation of a 10" public sanitary sewer extension within portions of the Eastover Farms Subdivision beginning at Long Lake Road and Greentree Road, and extending northerly approximately 600 feet, then extending easterly approximately 400 feet, along Sunnyhill Court to a terminus manhole, within the public road right-of-way, to provide sanitary sewer service to 6 lots or parcels in the proposed special assessment district described in this Resolution.

The Township Board desires to proceed to the next step of having cost estimates and project description plans prepared for the Project.

NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

The Township Supervisor shall direct a registered professional engineer to prepare plans and specifications for the Project, a cost estimate for the Project, an estimate of the life of the Project, a description of the proposed special assessment district, and other pertinent information that will permit the Township Board to determine the estimated cost, extent and necessity of the Project, including the portions to be paid by special assessments upon the properties that are especially benefited by the Project and the portion if any to be paid by the Township. Such information shall be filed with the Clerk, along with the Township Supervisor’s recommendations with respect to the Project.

No contract or expenditure, except for the cost of preparing the necessary profiles, plans, designs, specifications and estimates of cost described above, shall be made for the Project, nor shall any improvements be commenced until the Township Board confirms the special assessment roll to defray the costs of the Project.

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

NAYS: None

RESOLUTION DECLARED ADOPTED.

CERTIFICATION

It is hereby certified that the foregoing Resolution is a true and accurate copy of the Resolution adopted by the Township Board of the Charter Township of Bloomfield at a meeting duly called and held on July 9, 2007.

_____________________

ITEM #3 Resolution Approving Matters Related to 6800 Telegraph Road

When Birmingham Farms sold property to Sunrise Assisted Living, it was negotiated that Birmingham Farms would be entitled to retain 36 apartment units. These units are slated to be converted to condominiums and sold once all needed repairs are completed per Township requirements.

The Bloomfield Township Ordinance Department has reviewed repairs made and is satisfied with the progress.

MOTION by Buckley and SUPPORT by Savoie to APPROVE the Resolution Relating to Matters at 6800 Telegraph Rd.

Resolution adopted at a public meeting of the Bloomfield Township Board of Trustees, held at the Township Hall, 4200 Telegraph Road, Bloomfield Hills, Michigan, on July 9, 2007.

WHEREAS, 6800 Telegraph Associates, LLC, a Michigan limited liability company ("6800"), is the fee title owner of Lots 1-9 located in the Birmingham Farms Subdivision (the "North Property"), and 6800-S Telegraph Associates, LLC, a Michigan limited liability company ("6800-S"), an affiliate of 6800, is the fee title owner of Lots 10-18 located in the Birmingham Farms Subdivision (the "South Property" and, together with the North Property, collectively known as the "Property")(a complete copy of the legal of the "South Property is set forth on Exhibit A).

WHEREAS, the Property presently contains eight buildings comprising a 76 unit multi-family apartment complex and one single family home, all commonly known as Birmingham Farms Apartments. Pursuant to a Purchase and Sale Agreement dated September 14, 2006, Sunrise Development, Inc., a Virginia corporation ("Sunrise") has contracted with 6800 to acquire the North Property upon receiving the approvals from the Township to develop the North Property into a senior housing facility. Sunrise has applied to the Township to approve the North Property for re-development as a senior housing facility and the Township Board of Trustees, Planning Commission and Zoning Board of Appeals have considered and approved Sunrise’s petition.

WHEREAS, Sunrise’s purchase of the North Property and development of the senior housing facility is dependent upon the South Property being and remaining a conforming multifamily use.

WHEREAS, the Sunrise petition has been approved by the Township, 6800-S requests that the Township, realizing that its action will be relied upon by the current and all subsequent owners of the South Property and Sunrise, confirm that the multiple family use, for the density (computed based on the entire South Property, including any vacant portions) and configuration as it currently exists on the South Property, which is not being conveyed to Sunrise, is and shall be considered a conforming use under applicable ordinances and, to the extent it otherwise might be subject to challenge, the parties have agreed to the use under authority provided by applicable state statutes. The provisions of the resolution to be adopted shall be deemed and are covenants running with the land and a suitable copy the resolution shall be recorded with the Oakland County Register of Deeds.

WHEREAS, it is agreed that 6800-S has undertaken or will undertake the following maintenance or repairs to the South Property, as it currently exists, to be completed by 6800-S in accordance with Township requirements as consistently applied throughout the Township: Such maintenance and repairs include any peeling paint on the exterior of the buildings; repairing or replacing any loose and rusted gutters; repairing any rotted wood on porch columns at the buildings; repairing any crumbling or loose steps of the building’s porches; restriping the handicap parking spaces and installing handicap parking signs, as necessary; stabilizing or removing unstable parking walls near carport numbers 18 and 19; and repairing any deteriorated parking area surfaces (collectively, the "Repairs"). The Repairs shall be completed by 6800-S by June 30, 2007; provided, however, that if 6800-S is pursuing the Repairs but such Repairs can not be reasonably completed by June 30, 2007 or the Repairs can not be completed for reasons beyond 6800-S’ control, 6800-S shall be given additional time not to exceed thirty (30) days if circumstances are deemed reasonably warranted by the Township to complete such Repairs.

WHEREAS, the Township has requested, and 6800-S has agreed, that 6800-S apply to the Township’s Design Review Board for approval of the existing signage at the South Property, or, in the alternative, submit for approval from the Design Review Board a new sign package to replace the existing signage at the South Property (the "Signage Application").

NOW, THEREFORE, BE IT RESOLVED that the BLOOMFIELD TOWNSHIP BOARD OF TRUSTEES FINDS, DETERMINES AND AGREES that the multiple family use, for the density and configuration as it exists on the South Property, is and shall be a conforming use and that, to the extent it otherwise might be subject to challenge, the parties have agreed to the use under authority provided by applicable state statutes.　 For the purposes of this Resolution the density of the South Property is calculated using all portions of the South Property, including any vacant or unused areas. Consequently inasmuch as the vacant portions of the South Property have been utilized for density purposes, no further development of units is available for the vacant or used areas of the South Property, unless all or a portion of the South Property is destroyed by a casualty, in which case 6800-S shall be entitled to re-build the South Property provided the density does not exceed 36 units ( a density of 36 units is and shall be allowed) and other than the density requirement/allowance subject to the remaining requirements of the zoning ordinance.

RESOLVED FURTHER, that 6800-S is in the process of completing (and shall complete) the Repairs in accordance with Township requirements as applied throughout the Township.

RESOLVED FURTHER, that within ten (10) business days of the date hereof, 6800-S shall submit to the Township the Signage Application; provided, however, that if 6800-S fails to submit the Signage Application, 6800-S shall immediately remove the existing signage currently located at the South Property.

RESOLVED FURTHER, that this RESOLUTION is adopted in connection with the re-development of the North Property for senior housing which is in furtherance of the goals, plans and needs of the Township.

RESOLVED FURTHER, that this RESOLUTION and all provision and authorities hereof shall and do hereby run with the land constituting the South Property, and shall be binding upon and inure to the benefit of Township, 6800-S and all future owners, in whole or in part, of the South Property, and all their respective heirs, successors, assigns and transferees.

RESOLVED FURTHER that a copy of this Resolution shall be made and recorded with the Oakland County Register of Deeds to give notice of the contents hereof to all persons, including future owners of all or a portion of the South Property, who shall be entitled to rely on the provisions of this resolutions.

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 July 9, 2007.

Lots 10 through 18, both inclusive, ALSO vacated 40 foot access drive adjacent to Lots 1 through 6, both inclusive, Birmingham Farms Subdivision, as recorded in Liber 90, Pages 29 through 31, inclusive, of Plats, Oak County Records

Address: 6730, 6740, 6750, 6760, and 6770 Telegraph Road, Bloomfield Township, Michigan

ITEM #4 On-line Demonstration of Code of Ordinances

Clerk Roncelli made the presentation.

The Bloomfield Township ordinances are now available to anyone, anytime, anywhere simply by accessing the website.

Ordinances are now listed in chapters, from 1 to 42. So, the chapter and section will now be referenced instead of the ordinance number.

ITEM #5 Approve Payroll and Vouchers

MOTION by Savoie and SUPPORT by Stefanes to APPROVE payroll and vouchers A002451-A002476; B016597-B016740; E002314-E002329 totaling $3,476,448.56.

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

NAYS: None

ITEM #6 Public Comment

John Pantalone, 3340 Sunnyhill Ct., spoke to the Board regarding agenda item# 2.

Jeffrey Schlussel, Carson Fischer, PLC, spoke to the Board regarding agenda item# 3.

Karen Spector, County Commissioner, David Potts, County Commissioner, and Chuck Moss, State Representative, were in attendance.

Commissioner Potts advised the Board there would be a preliminary analysis of the county budget.

House Bill 4463, issuance of a permit to operate a marina at a public road, and House Bill 4464, intention of a road, street or alley terminating at a lake or stream contiguous to a shoreline, were discussed and the implications these bills will have if passed.

Attorney Hampton stated that he had sent a letter to David Law advising him that the Township is in the process of developing a zoning ordinance that will regulate the use of wind turbines and anemometers (windmills).

Included in Board Packet: Letter from Oakland County Treasurer – Foreclosed Parcels for Land Sale

TABLED ITEMS: Cost Recovery Resolution

(Tabled Indefinitely)

1485 Club Dr. Lot Split

(Tabled until 7/23/07)

Meeting adjourned at 8:48 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

TOWNSHIP CLERK

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Charter Township of Bloomfield
4200 Telegraph Road
P.O. Box 489
Bloomfield Hills, MI 48303-0489
248.433.7700

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