Board of Trustee Minutes

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 August 13, 2007.

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

The Township is considering 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 900 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 six lots or parcels in the proposed special assessment district described in this Resolution. The Project is known as the Eastover Farms Sanitary Sewer Extension Project.

Plans, specifications and cost estimates have been submitted to the Township Board for construction of the Project, and the Township is tentatively considering the establishment of a special assessment district to finance and defray the cost of the Project.

The Project is designed and intended to especially benefit the properties in the proposed special assessment district by providing public sanitary sewage disposal.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

1. The Township Board determines that the Project is necessary and that it tentatively intends to proceed with the Project, and to establish a special assessment district to defray the entire 100% cost of the Project.

2. A registered professional engineer has prepared plans describing the Project and a preliminary estimate of the cost of the Project in the amount of $247,200.00. Such plans and cost estimate have been filed with the Township Clerk.

3. The Township Board tentatively designates the properties on the list attached to this Resolution as the special assessment district against which the cost of the Project is to be assessed and which shall be identified as Special Assessment District No. 402 (the "District").

4. The Township Clerk shall give notice in the manner provided below that the Township Board shall conduct a public hearing on September 10, 2007, at 8:00 P.M at the Township Hall located at 4200 Telegraph Road, Bloomfield Hills, MI 48303-0489 on September 10, 2007, for the purpose of hearing comments and objections to the proposed Project, and to the tentatively established District.

5. Notice of such hearing shall be given by publishing the notice twice before the hearing in a newspaper having general circulation in the Township, and by sending by first-class United States Mail, postage fully prepaid, a copy of the notice addressed to the record owner or party in interest in whose name the land in the Special Assessment District is to be assessed on the Township ’s last preceding tax assessment roll for Ad Valorem tax purposes which was reviewed by the Township Board of Review, supplemented by any subsequent changes in the names or addresses of the owners or parties listed on such roll. If a record owner's name does not appear on the township tax assessment records, then notice shall be given by first-class mail addressed to the record owner at the address shown by the records of the county register of deeds. The first publication and the mailing shall be at least 10 days prior to the date of the hearing. The notice of hearing shall include a statement that appearance and protest at the hearing in the special assessment proceedings is required in order to appeal the amount of the special assessment to the State Tax Tribunal and the notice shall further include notice that an owner or party in interest or his or her agent may appear in person at the hearing to protest the special assessment or appear by filing his or her appearance or protest by letter.

6. The Clerk shall retain a copy of the file in the Clerk’s office for examination.

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

NAYS: None

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 August 13, 2007.

ITEM #6 Collection of Delinquent Water & Sewer Accounts Resolution 2007

1. That the Director of Public Works shall certify to the Supervisor of the Township, all delinquent charges and accounts for services in excess of $100.00 furnished by the Water and Sewer Division that were 30 days or more delinquent as of September 1, 2007.

2. That the Supervisor shall cause said delinquent charges to be place upon the December 2007 tax roll against the premises to which said water and/or sewer services were rendered. That the charges to be collected shall become a lien and shall be enforced in the same manner as provided in respect to taxes assessed upon said tax roll.

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 August 13, 2007.

_____________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #7 Introduction of Ordinance 588, Right-of-Way Regulation

The proposed ordinance amendment addresses the placement of structures in the right-of-way.

MOTION by Savoie and SUPPORT by Barnett to APPROVE the Introduction of Ordinance 588, Right-of-Way Regulation.

ORDINANCE NO. 588

CHARTER TOWNSHIP OF BLOOMFIELD

OAKLAND COUNTY, MICHIGAN

AN ORDINANCE TO AMEND CHAPTER 32, "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES," ARTICLE II, "RIGHT-OF-WAY REGULATION," TO AMEND THE DEFINITION SECTION, ADD STANDARDS FOR USE OF THE RIGHT OF WAY, TO AMEND THE PLAN SUBMITTAL REQUIREMENTS, TO CREATE CONDITIONS FOR ISSUANCE OF PERMITS, AND TO ADD EXEMPTIONS FROM THE PERMITTING REQUIREMENTS.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

Section 1 of Ordinance.

That Chapter 32, Streets, Sidewalks and Other Public Places, Article II, is hereby amended by amending Section 32-20 to add the following definitions:

Section 32-20. Definitions.

The following words, terms and phrases when used in this article shall have the meanings indicated. Other terms used in this chapter shall have the same meaning as defined or provided in the Act.

AASHTO shall mean the American Association of State and Highway Transportation Officials.

Crash Zone shall mean the area five (5) feet from the back of a curb or 12 feet from the edge of the pavement of a thru lane, whichever is greater.

Facility or Facilities shall mean the Utility’s equipment or personal property, such as wires, cables, pipes or conduits, equipment cabinets, structures or other equipment used for the transmission of electrical current impulses, sounds, voices or communications, water, sewage, gas or other fuel.

Public Emergency shall mean any condition which poses an immediate threat to life, health, or property caused by any natural or man-made disaster, including, but not limited to, storms, floods, fire, accidents, explosions, water main breaks, hazardous material spills, etc.

Sight Triangle shall mean a triangular-shaped portion of land established at roadway, highway, or street intersections in which there are restrictions on structures erected, placed or planted which would limit or obstruct the sight distance of motorists entering or leaving the intersection.

Utility shall mean any public utility company, person, corporation or other entity, including, but not limited to telecommunication, water, sewer, gas and other fuel.

Zone of Influence shall mean the area within a 45-degree angle from a pipe invert.

Section 2 of Ordinance.

That Chapter 32, Streets, Sidewalks and other Public Places, Article II, is hereby amended by adding a new Section 32-22 to read as follows:

Section 32 – 22. Use of the public right-of-way.

(a) A Utility’s facilities shall be installed and maintained so as to not endanger or injure persons or property on or about the public right-of-way. If the Township reasonably determines that any portion of the facilities constitutes an undue burden or interference, following an approved installation, Utility, at its sole expense, shall modify the facilities or take such other actions as the Township may determine is in the public interest to remove or alleviate the burden, and the Utility shall do so within a reasonable time period.

(b) All pedestrian pathways and sidewalks disturbed as a result of installation or maintenance of Facilities shall be restored to current Americans with Disability Act ("ADA") requirements.

(c) The construction and installation of the facilities shall be performed in accordance with the plans approved by the Township. The open cut of any public right-of-way shall be coordinated with the Township Engineer or his or her designee. The Utility shall install and maintain the facilities in a reasonably safe condition. If the existing poles in the public right-of-way are overburdened or unavailable for the Utilities use, or the facilities of all users of the poles are required to go underground then the Utility shall, at its expense, place such portion of its Facilities underground, unless the Township approves an alternate location. The Utility may perform maintenance on the facilities without prior approval of the Township, provided that the Utility shall obtain any and all permits required by the Township in the event that any maintenance will disturb or block vehicular traffic or are otherwise required by the Township.

(d) If the Township vacates or consents to the vacation of a public right-of-way within its jurisdiction, and such vacation necessitates the removal and relocation of the Utility’s facilities in the vacated public right-of-way, the Utility shall remove its facilities at its sole cost and expense when ordered to do so by the Township or a court of competent jurisdiction. The Utility shall relocate its facilities to such alternate route as the Township and the Utility mutually agree, applying reasonable engineering standards.

(e) The Township shall have the right to sever, disrupt, dig-up or otherwise destroy facilities of the Utility if such action is necessary because of a Public Emergency. If reasonable to do so under the circumstances, the Township shall attempt to provide advance notice to the Utility. The Utility shall be responsible for repair at its sole cost and expense of any of its facilities damaged pursuant to any such action taken by the Township.

(f) If eligible to join, and if it is not already a member, the Utility shall subscribe to and be a member of "MISS DIG," or equivalent association of utilities formed pursuant to Act 53 of the Public Acts of 1974, as amended, MCL §　460.701 et seq., and shall conduct its business in conformance with the statutory provisions and regulations promulgated thereunder.

(g) If the Utility has its facilities on poles of Consumers Energy, Detroit Edison or another electric or telecommunications provider and Consumers Energy, Detroit Edison or such other electric or telecommunications provider relocates its system underground, then the Utility shall relocate its facilities underground in the same location at the Utility’s sole cost and expense.

(h) All personnel of the Utility and its contractors or subcontractors who have as part of their normal duties contact with the general public shall wear on their clothing a clearly visible identification card bearing the Utility’s name, their name and photograph. The Utility shall account for all identification cards at all times. Every service vehicle of the Utility and its contractors or subcontractors shall be clearly identified as such to the public, such as by a magnetic sign with Utility’s name and telephone number.

Section 3 of Ordinance.

That Chapter 32, Streets, Sidewalks and other Public Places, Article II, is hereby amended by amending Section 32-154 to read as follows:

Section 32-154. Required route and improvement information for use permits.

(a) Use permit applications shall include a textual description and scaled drawing or map on 8 ½-inch x 11-inch paper or other size accepted by the Township, along with a CD with documents in .pdf form, which show or contain:

(1) A location map, with a minimum scale of 1" = 50’ and north arrow.

(2) Proprietor information, parcel identification number and/or addresses of all affected and adjacent parcels, and street names.

(3) The general route and horizontal and vertical, aboveground or belowground, location within the right-of-way of improvements to be installed and/or used.

(4) The relationship of the improvements to existing and proposed improvements in adjoining municipalities.

(5) The length, area or other applicable measurement of the township right-of-way that will be used by applicant, expressed in lineal feet of aerial and underground portions of proposed and existing improvements, and for improvements that are not measurable in lineal feet, the number of square feet of right-of-way that will be used.

(6) Location of the proposed facility, including proposed invert elevations of all structures, piping or appurtenances.

(7) Any property lines within 100 feet of the proposed facility.

(8) For the area 100 feet on either side of the proposed facility (including, but not limited to all proposed structures, transmission lines, and underground routing), the following items must be provided:

a. Two-foot contours or strip topography of elevations.

b. All structures, manholes, fire hydrants, trees or any other permanent physical objects.

c. Any and all water courses.

(9) Length and size of each section of proposed pipe between structures.

(10) A minimum of two benchmarks consistent with the datum utilized by local standards.

(11) A note whether the proposed facility will be located within 500 feet of a lake or stream and the associated approved permit application for soil erosion and sedimentation control or equivalent from all necessary public agencies.

(12) If the applicant is proposing to construct new aerial poles or new underground conduit or pipe improvements, a description of why it is not physically and financially feasible for applicant to utilize existing poles, pipes, conduits and improvements.

(13) A detailed description of the services to be provided by applicant’s improvements, which shall include a description of the system those improvements will be a part of and the categories or classifications and locations of existing, intended and potential customers or persons that are or may be served by the improvements.

(14) Copy of a current financial statement for the applicant.

(b) For proposed facilities to be installed within road rights-of-ways or adjacent to private or public roadways, the following additional items must be shown:

(1) All existing facilities within the road right-of-way or within 100 feet on either side of the proposed facility.

(2) Pavement type and limits.

(3) Existing and proposed right-of-way lines.

(c) For proposed aboveground installation of facilities, the following additional items must be shown:

(1) Separate detail of each aboveground facility indicating all their dimensions.

(2) If proposed within the sight triangle of the right-of-way, strip topography of elevations within 100 feet of the proposed facility to verify no sight obstructions.

(3) Dimensions of the facility from existing pavement, property lines, right-of-way lines and other facilities.

(4) Indicate proposed parking location, dimensions and method (i.e. gravel, grass pavers, etc.) to limit disruption for maintenance vehicles. Parking on non-motorized pathways is prohibited.

(5) Show compliance with AASHTO standards for aboveground facility placement.

(d) A landscaping plan indicating evergreen plant material of sufficient height and density to screen any aboveground proposed facility from the street and adjacent property shall be required. Said landscaping shall be maintained and replaced in kind as necessary by the Utility. A model-landscaping plan is illustrated below:

Section 4 of Ordinance.

That Chapter 32, Streets, Sidewalks and Other Public Places, Article II, is hereby amended by deleting Section 32-157 in its entirety and adding a new Section 32-157 to read as follows:

Section 32-157. Conditions for issuance of permits for installation of facilities in the road rights-of-way or in private easements.

(a) All installation of Facilities under this Chapter shall comply with the following standards.

(1) Generally, proposed facilities must run in straight lines and parallel to road rights-of-ways and/or existing facilities.

(3) Unless otherwise approved by the Township Engineer, the facilities shall not be located within the Zone of Influence of an existing or proposed sanitary sewer or water main. All underground facilities must maintain a minimum vertical clearance of 18 inches.

(4) If the facilities are proposed to be located in a public right-of-way, any aboveground facilities shall be placed at the extension of existing property lines that are perpendicular to the road right-of-way.

(5) Facilities proposed to be located aboveground must be installed in accordance with the AASHTO requirements.

(6) Facilities proposed to be located aboveground are prohibited within any Crash Zone, and must be a minimum of two (2) feet off of any pedestrian pathways or sidewalks per AASHTO standards.

(7) Facilities proposed to be located underground must be installed at least four (4) feet below the centerline of the road.

(8) Facilities shall be of a neutral color such that they are in harmony and blend in to the immediate surrounding area. Under no circumstances will primary or neon colors be permitted, nor shall such facilities be permitted to be illuminated.

(9) Right-of-way approval from the Road Commission for Oakland County is required prior to the issuance of a construction permit.

(b) If the facility is proposed to be located on private property, the Utility must obtain the written consent of the property owner(s), which written consent shall be submitted with the application for a permit, subject to compliance with Sec. 32-154(d).

(c) Any zoning variances that may be required shall be obtained prior to issuance of a permit under this Chapter.

Section 5 of Ordinance.

That Chapter 32, Streets, Sidewalks and Other Public Places, Article II, is hereby amended by adding a new Section 32-164 to read as follows:

Section 32-164. Exemptions.

Section 6. 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 7. 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 8. 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 9. Effective Date

The provisions of this Ordinance are hereby ordered to take effect immediately upon publication in the manner prescribed by law.

Section 10. 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 ____________ 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 August 13, 2007.

_____________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #8 Approve Payroll and Vouchers

MOTION by Buckley and SUPPORT by Roncelli to APPROVE payroll and vouchers A002504-A002536; B016936-B017138; E002346-E002360 totaling $9,119,755.14.

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

NAYS: None

ITEM #9 Public Comment

Carmen Johnson, External Affairs Manager, AT&T, addressed the Board regarding agenda item #7.

Leslie Helwig, Community Relations Director, addressed the Board regarding the Woodward Dream Cruise.

Supervisor Payne introduced Bill Griffin, Bloomfield Township Assessor, Randy Ford, Hubbell, Roth & Clark Engineer and Assistant Fire Chief Lyal Bigger.

Clerk Roncelli recognized Deputy Clerk Tina Barton for her achievement on being awarded the Robert R. Robinson Scholarship.

Attorney Hampton announced that the featured speaker for the Oakland County Risk Management Workshop on September 29, 2007 would be Professor Fischer.

Included in Board Packet: Bloomfield Twp. Police Dept. Monthly Reports – April and May 2007

Bloomfield Twp. Fire Dept. – 2006 Annual Report

Michigan Townships Association (MTA) Letter – Robert R. Robinson Scholarship Recipient – Deputy Clerk Tina Barton

TABLED ITEMS: Cost Recovery Resolution

(Tabled Indefinitely)

Meeting adjourned at 8:35 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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