Board of Trustee Minutes
CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, SEPTEMBER 10, 2007
PRESENT: Barnett, Buckley, Devine, Payne, Roncelli, Savoie,
Stefanes
Also present, Attorney Kristen Kolb
ABSENT: None
Supervisor Payne welcomed the public and led the Pledge of
Allegiance.
ITEM #1 Approved Board Minutes of August 27, 2007
ITEM #2 Proclamation to Honor John Swoboda, Planning
Commission and Board of Review Member
MOTION by Savoie and SUPPORT by Devine to APPROVE the
Proclamation to Honor John Swoboda.
THE CHARTER TOWNSHIP OF BLOOMFIELD
OAKLAND COUNTY, MICHIGAN
RESOLUTION IN HONOR OF JOHN SWOBODA
WHEREAS, the Bloomfield Township Board of Trustees adopts
this Resolution to honor our colleague and former Township
resident, JOHN SWOBODA, for his many years of dedicated
service to the betterment of our community while serving on
the Planning Commission and the Board of Review; and
WHEREAS, John utilized his expertise as a residential
appraiser for LaSalle Bank (formerly Standard Federal Bank) in
serving the community and as a resident of the Township for
over 20 years; and
WHEREAS, John first served Bloomfield Township by reviewing
the assessment roll as a member of the Board of Review from
1982 and dedicated his time yearly on the Board of Review
through 2007; and
WHEREAS, John agreed to serve a one-year term on the
Planning Commission beginning in 1989 and then committed to 18
years, working diligently and contributing his time to make
Bloomfield Township an outstanding community in Oakland
County; and;
WHEREAS, John retired from the Board of Review and the
Planning Commission due to the sale of his home; and
WHEREAS, we reluctantly relieve John of his positions on
the Board of Review and the Planning Commission, but do so
with the highest regard and esteem for his personal dedication
and outstanding leadership abilities.
NOW, THEREFORE BE IT RESOLVED, that the past and present
members of the Board of Trustees, Planning Commission, Board
of Review and the residents of Bloomfield Township HONOR JOHN
SWOBODA for his many years of service and contributions to
making Bloomfield Township what it is today.
FURTHER, BE IT RESOLVED, THAT WE EXTEND TO John and his
wife, Carol, our best wishes for their future endeavors, such
as traveling, snorkeling, and relaxing on the beach.
BE IT KNOWN to all reading this Resolution that it was
adopted by the Township Board of Trustees on September 10,
2007, and included in the minutes as a permanent record.
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 September 10, 2007.
_____________________
JANET M. RONCELLI
TOWNSHIP CLERK
ITEM #3 Proclamation to Honor Jan Roncelli, Clerk –
Certified Municipal Clerk (CMC)
BLOOMFIELD TOWNSHIP RESOLUTION
JAN RONCELLI, CLERK
WHEREAS, it has come to the attention of the Bloomfield
Township Board of Trustees that Jan Roncelli, Clerk, has
completed the requirements for Certified Municipal Clerk
(CMC); and
WHEREAS, this designation is awarded by the International
Institute of Municipal Clerks (IIMC); and
WHEREAS, eligibility for this prestigious title requires
that the individual be an elected or appointed clerk or deputy
clerk in a governmental entity, an active member of the IIMC
and meet certain qualifications through a combination of
education and experience; and
WHEREAS, attaining this certification indicates her
commitment to the profession of Clerk since 2004;
NOW THEREFORE BE IT RESOLVED that Bloomfield Township
recognizes this outstanding achievement by Jan Roncelli and
extends its sincere Congratulations.
Dated this 10th day of September 2007.
ITEM #4 Proclamation to Honor Dan Devine, Treasurer –
Certified Public Financial Administrator (CPFA)
BLOOMFIELD TOWNSHIP RESOLUTION
DAN DEVINE, TREASURER
WHEREAS, it has come to the attention of the Bloomfield
Township Board of Trustees that Dan Devine, Treasurer, has
completed the requirements for Certified Public Financial
Administrator (CPFA); and
WHEREAS, this designation is awarded by the Association of
Public Treasurers of the United States and Canada (APT US&C);
and
WHEREAS, eligibility for this prestigious title requires
that the individual be an elected or appointed treasurer or
deputy treasurer in a governmental entity, an active member of
the APT US&C and meet certain qualifications through a
combination of education and experience; and
WHEREAS, attaining this certification indicates his
commitment to the profession of Treasurer since 1999;
NOW THEREFORE BE IT RESOLVED that Bloomfield Township
recognizes this outstanding achievement by Dan Devine and
extends its sincere Congratulations.
Dated this 10th day of September 2007.
ITEM #5 Proclamation to Honor Erin Peterson, Deputy
Treasurer – Certified Public Financial Administrator (CPFA)
BLOOMFIELD TOWNSHIP RESOLUTION
ERIN PETERSON, DEPUTY TREASURER
WHEREAS, it has come to the attention of the Bloomfield
Township Board of Trustees that Erin Peterson, Deputy
Treasurer, has completed the requirements for Certified Public
Financial Administrator (CPFA); and
WHEREAS, this designation is awarded by the Association of
Public Treasurers of the United States and Canada (APT US&C);
and
WHEREAS, eligibility for this prestigious title requires
that the individual be an elected or appointed treasurer or
deputy treasurer in a governmental entity, an active member of
the APT US&C and meet certain qualifications through a
combination of education and experience; and
WHEREAS, attaining this certification indicates her
commitment to the profession of Deputy Treasurer since May
2002;
NOW THEREFORE BE IT RESOLVED that Bloomfield Township
recognizes this outstanding achievement by Erin Peterson and
extends its sincere Congratulations.
Dated this 10th day of September 2007.
ITEM #6 Resolution Authorizing Issuance of Bonds for
Capital Building Program
Terence Donnelly, Bond Counselor, Dickinson Wright PLLC,
made the presentation.
The bonds for the Capital Building Program are ready to be
sold in the amount of 26 million dollars, as authorized by the
Bloomfield Township voters. The bonds will be open to the
public and "go out" for bid on October 22, 2007. The bid has
to be for the full amount, so is typically bid by a brokerage
firm; if the public is interested they should contact their
broker.
MOTION by Barnett and SUPPORT by Stefanes to AUTHORIZE the
Issuance of Bonds for the Capital Building Program.
RESOLUTION AUTHORIZING ISSUANCE OF GENERAL
OBLIGATION
UNLIMITED TAX BONDS, SERIES 2007
WHEREAS, at the Primary Election held in the Township on
August 8, 2006, the issuance of general obligation unlimited
tax bonds in the principal amount of not to exceed $26,000,000
for the purpose of funding the Township’s long-term building
program and paying the costs of (i) acquiring, constructing,
furnishing and equipping a senior citizens center in the
Township and acquiring and improving the site therefor, (ii)
acquiring, constructing, furnishing and equipping a public
services building in the Township and improving the site
therefor, and (iii) acquiring, constructing, furnishing and
equipping a central fire station in the Township and improving
the site therefor, and renovating and constructing an addition
to the Westview Road fire station (collectively, the
"Project") was approved by a majority of the electors of the
Township voting thereon (the vote thereon being 5,780 in favor
of and 4,817 against the issuance of the bonds); and
WHEREAS, the Township Board has determined that it is in
the best interest of the Township to issue bonds for such
purpose at this time.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP BOARD OF THE
CHARTER TOWNSHIP OF BLOOMFIELD, OAKLAND COUNTY, MICHIGAN, as
follows:
1. AUTHORIZATION OF BONDS - PURPOSE. Bonds of the Township
aggregating the principal sum of Twenty Six Million Dollars
($26,000,000) shall be issued and sold to defray the costs of
the Project.
BOND DETAILS. The bonds shall be designated "General
Obligation Unlimited Tax Bonds, Series 2007;" shall be dated
November 1, 2007 or such other date determined by the Township
Board at the time of sale; shall be numbered from 1 upwards;
shall be fully registered; shall be in the denomination of
$5,000 each or any integral multiple thereof not exceeding the
aggregate principal amount for each maturity at the option of
the purchaser thereof; shall bear interest at a rate or rates
not exceeding 6% per annum to be determined upon the sale
thereof, payable on May 1, 2008 and semiannually thereafter on
the first days of May and November in each year; and shall
mature on May 1 of each year as follows:
|
Year |
Principal Amount |
Year |
Principal Amount |
|
2009 |
$500,000 |
2021 |
$900,000 |
|
2010 |
500,000 |
2022 |
900,000 |
|
2011 |
500,000 |
2023 |
1,000,000 |
|
2012 |
500,000 |
2024 |
1,000,000 |
|
2013 |
500,000 |
2025 |
1,500,000 |
|
2014 |
500,000 |
2026 |
1,500,000 |
|
2015 |
600,000 |
2027 |
1,500,000 |
|
2016 |
600,000 |
2028 |
1,500,000 |
|
2017 |
700,000 |
2029 |
2,000,000 |
|
2018 |
700,000 |
2030 |
2,000,000 |
|
2019 |
800,000 |
2031 |
2,500,000 |
|
2020 |
800,000 |
2032 |
2,500,000 |
3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and
interest on the bonds shall be payable in lawful money of the
United States. Principal shall be payable upon presentation
and surrender of the bonds to the bond registrar and paying
agent as they severally mature. Interest shall be paid to the
registered owner of each bond as shown on the registration
books at the close of business on the 15th day of the calendar
month preceding the month in which the interest payment is
due. Interest shall be paid when due by check or draft drawn
upon and mailed by the bond registrar and paying agent to the
registered owner at the registered address.
4. BOOK-ENTRY SYSTEM. Initially, one fully-registered bond
for each maturity, in the aggregate amount of such maturity,
shall be issued in the name of Cede & Co., as nominee of The
Depository Trust Company ("DTC") for the benefit of other
parties (the "Participants") in the book-entry-only transfer
system of DTC. In the event the Township determines that it is
in the best interest of the Township not to continue the
book-entry system of transfer or that the interests of the
holders of the bonds might be adversely affected if the
book-entry system of transfer is continued, the Township may
notify DTC and the bond registrar and paying agent, whereupon
DTC will notify the Participants of the availability through
DTC of bond certificates. In such event, the bond registrar
and paying agent shall deliver, transfer and exchange bond
certificates as requested by DTC and any Participant or
"beneficial owner" in appropriate amounts in accordance with
this Bond Resolution. DTC may determine to discontinue
providing its services with respect to the bonds at any time
by giving notice to the Township and the bond registrar and
paying agent and discharging its responsibilities with respect
thereto under applicable law or the Township may determine
that DTC is incapable of discharging its duties and may so
advise DTC. In either such event, the Township shall use
reasonable efforts to locate another securities depository.
Under such circumstances (if there is no successor securities
depository), the Township and the bond registrar and paying
agent shall be obligated to deliver bond certificates in
accordance with the procedures
established by this Bond Resolution. In the event bond
certificates are issued, the provisions of this Bond
Resolution shall apply to, among other things, the transfer
and exchange of such certificates and the method of payment of
principal of and interest on such certificates. Whenever DTC
requests the Township and the bond registrar and paying agent
to do so, the Township and the bond registrar and paying agent
shall cooperate with DTC in taking appropriate action after
reasonable notice to make available one or more separate
certificates evidencing the bonds to any Participant having
bonds certificated to its DTC account or to arrange for
another securities depository to maintain custody of
certificates evidencing the bonds.
Notwithstanding any other provision of this Bond Resolution
to the contrary, so long as any bond is registered in the name
of Cede & Co., as nominee of DTC, all payments with respect to
the principal of, interest on and redemption premium, if any,
on the bonds and all notices with respect to the bonds shall
be made and given, respectively, to DTC as provided in the
Blanket Issuer Letter of Representations between DTC and the
Township.
5. MANDATORY PRIOR REDEMPTION. If any of the bonds are
designated by the original purchaser as term bonds such bonds
shall be subject to mandatory prior redemption at par and
accrued interest in accordance with the maturity schedule set
forth in Section 2 hereof and upon the terms and conditions
set forth in the form of bonds contained in Section 10 hereof.
The bonds to be redeemed shall be selected by lot.
6. OPTIONAL PRIOR REDEMPTION. The bonds shall be subject to
optional redemption prior to maturity upon the terms and
conditions set forth in the form of bond contained in Section
10 hereof.
7. BOND REGISTRAR AND PAYING AGENT. The Bank of New York
Trust Company, N.A. is hereby appointed a bond registrar and
paying agent for the bonds, and the Supervisor may enter into
an agreement with the bond registrar and paying agent. The
Supervisor from time to time may designate, and may enter into
an agreement with, a new bond registrar and paying agent,
which shall be a bank or trust company located in the State of
Michigan which is qualified to act in such capacity under the
laws of the United States of America or the State of Michigan.
8. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The
bonds shall be executed in the name of the Township by the
manual or facsimile signatures of the Supervisor and the
Township Clerk and authenticated by the manual signature of an
authorized representative of the bond registrar and paying
agent, and the seal of the Township (or a facsimile thereof)
shall be impressed or imprinted on the bonds. After the bonds
have been executed and authenticated for delivery to the
original purchaser thereof, they shall be delivered by the
Township Treasurer to the purchaser upon receipt of the
purchase price. Additional bonds bearing the facsimile
signatures of the Supervisor and the Township Clerk and upon
which the seal of the Township (or a facsimile thereof) is
impressed or imprinted may be delivered to the bond registrar
and paying agent for authentication and delivery in connection
with the exchange or transfer of bonds. The bond registrar and
paying agent shall indicate on each bond the date of its
authentication.
9. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender
thereof to the bond registrar and paying agent with a written
instrument of transfer satisfactory to the bond registrar and
paying agent duly executed by the registered owner or his duly
authorized attorney, at the option of the registered owner
thereof, may be exchanged for bonds of any other authorized
denominations of the same aggregate principal amount and
maturity date and bearing the same rate of interest as the
surrendered bond.
Each bond shall be transferable only upon the books of the
Township, which shall be kept for that purpose by the bond
registrar and paying agent, upon surrender of such bond
together with a written instrument of transfer satisfactory to
the bond registrar and paying agent duly executed by the
registered owner or his duly authorized attorney.
Upon the exchange or transfer of any bond, the bond
registrar and paying agent on behalf of the Township shall
cancel the surrendered bond and shall authenticate and deliver
to the transferee a new bond or bonds of any authorized
denomination of the same aggregate principal amount and
maturity date and bearing the same rate of interest as the
surrendered bond. If, at the time the bond registrar and
paying agent authenticates and delivers a new bond pursuant to
this section, payment of interest on the bonds is in default,
the bond registrar and paying agent shall endorse upon the new
bond the following: "Payment of interest on this bond is in
default. The last date to which interest has been paid is
_________________."
The Township and the bond registrar and paying agent may
deem and treat the person in whose name any bond shall be
registered upon the books of the Township as the absolute
owner of such bond, whether such bond shall be overdue or not,
for the purpose of receiving payment of the principal of and
interest on such bond and for all other purposes, and all
payments made to any such registered owner, or upon his order,
in accordance with the provisions of Section 4 of this Bond
Resolution shall be valid and effectual to satisfy and
discharge the liability upon such bond to the extent of the
sum or sums so paid, and neither the Township nor the bond
registrar and paying agent shall be affected by any notice to
the contrary. The Township agrees to indemnify and save the
bond registrar and paying agent harmless from and against any
and all loss, cost, charge, expense, judgment or liability
incurred by it, acting in good faith and without negligence
hereunder, in so treating such registered owner.
For every exchange or transfer of bonds, the Township or
the bond registrar and paying agent may make a charge
sufficient to reimburse it for any tax, fee or other
governmental charge required to be paid with respect to such
exchange or transfer, which sum or sums shall be paid by the
person requesting such exchange or transfer as a condition
precedent to the exercise of the privilege of making such
exchange or transfer.
The bond registrar and paying agent shall not be required
to transfer or exchange bonds or portions of bonds which have
been selected for redemption.
10. FORM OF BONDS. The bonds shall be in substantially the
following form:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OAKLAND
CHARTER TOWNSHIP OF BLOOMFIELD
GENERAL OBLIGATION UNLIMITED TAX BOND,
SERIES 2007
|
INTEREST RATE |
MATURITY DATE |
DATE OF ORIGINAL ISSUE |
CUSIP |
| |
|
November 1, 2007 |
|
| |
|
|
|
Registered Owner:
Principal Amount:
The Charter Township of Bloomfield, County of Oakland,
State of Michigan (the "Township"), acknowledges itself
indebted to, and for value received, hereby promises to pay to
the Registered Owner identified above, or registered assigns,
the Principal Amount set forth above on the maturity date
specified above, unless redeemed prior thereto as hereinafter
provided, upon presentation and surrender of this bond at the
corporate trust office of The Bank of New York Trust Company,
N.A., Detroit, Michigan, the bond registrar and paying agent,
or at such successor bond registrar and paying agent as may be
designated pursuant to the Resolution identified below, and to
pay to the Registered Owner at the close of business on the
15th day of the calendar month preceding the month in which an
interest payment is due, by check or draft drawn upon and
mailed by the bond registrar and paying agent by first class
mail postage prepaid to the Registered Owner at the registered
address, interest on such Principal Amount until the
Township's obligation with respect to the payment of such
Principal Amount is discharged, at the rate per annum
specified above. Interest is payable on the first days of May
and November in each year, commencing on May 1, 2008.
Principal and interest are payable in lawful money of the
United States of America.
This bond is one of a series of bonds aggregating the
principal sum of Twenty Six Million Dollars ($26,000,000)
issued by the Township under and pursuant to and in full
conformity with the Constitution and Statutes of Michigan and
a bond authorizing resolution adopted by the Township Board of
the Township (the "Resolution") for the purpose of funding the
Township’s long-term building program and paying the costs of
(i) acquiring, constructing, furnishing and equipping a senior
citizens center in the Township and acquiring and improving
the site therefor, (ii) acquiring, constructing, furnishing
and equipping a public services building in the Township and
improving the site therefor, and (iii) acquiring,
constructing, furnishing and equipping a central fire station
in the Township and improving the site therefor, and
renovating and constructing an addition to the Westview Road
fire station. The issuance of the bonds of this series was
approved at the Primary Election held on August 8, 2006, by a
majority of the qualified electors of the Township voting
thereon. The full faith and credit of the Township have been
pledged to the prompt payment of the principal of and interest
on this bond. The Township is authorized and required to levy
annually ad valorem taxes, without limitation as to rate or
amount, to pay such principal and interest as the same shall
become due.
This bond is transferable, as provided in the Resolution,
only upon the books of the Township kept for that purpose by
the bond registrar and paying agent, upon the surrender of
this bond together with a written instrument of transfer
satisfactory to the bond registrar and paying agent duly
executed by the Registered Owner or his attorney duly
authorized in writing. Upon the exchange or transfer of this
bond a new bond or bonds of any authorized denomination, in
the same aggregate principal amount and of the same interest
rate and maturity, shall be authenticated and delivered to the
transferee in exchange therefor as provided in the Resolution,
and upon payment of the charges, if any, therein provided.
Bonds so authenticated and delivered shall be in the
denomination of $5,000 or any integral multiple thereof not
exceeding the aggregate principal amount for each maturity.
MANDATORY PRIOR REDEMPTION
Bonds maturing in the year ____ are subject to mandatory
prior redemption at par and accrued interest as follows:
|
Redemption Date |
Principal Amount of
Bonds to be Redeemed |
| |
|
(REPEAT IF MORE THAN ONE TERM BOND)
Bonds or portions of bonds to be redeemed by mandatory
redemption shall be selected by lot.
OPTIONAL PRIOR REDEMPTION
Bonds maturing prior to May 1, 2019, are not subject to
redemption prior to maturity. Bonds maturing on and after
May 1, 2019, are subject to redemption prior to maturity at
the option of the Township, in such order as shall be
determined by the Township, on any date on and after May 1,
2018. Bonds of a denomination greater than $5,000 may be
partially redeemed in the amount of $5,000 or any integral
multiple thereof. If less than all of the bonds maturing in
any year are to be redeemed, the bonds or portions of bonds to
be redeemed shall be selected by lot. The redemption price
shall be the par value of the bond or portion of the bond
called to be redeemed plus interest to the date fixed for
redemption.
Not less than thirty days notice of redemption shall be
given to the holders of bonds called to be redeemed by mail to
the registered holder at the registered address. Bonds or
portions of bonds called for redemption shall not bear
interest after the date fixed for redemption, provided funds
are on hand with the bond registrar and paying agent to redeem
the same.
The bond registrar and paying agent shall not be required
to transfer or exchange bonds or portions of bonds which have
been selected for redemption.
It is hereby certified, recited and declared that all acts,
conditions and things required to exist, happen and be
performed precedent to and in the issuance of the bonds of
this series, existed, have happened and have been performed in
due time, form and manner as required by law, and that the
total indebtedness of the Township, including the series of
bonds of which this bond is one, does not exceed any
constitutional, statutory or charter limitation.
IN WITNESS WHEREOF, the Charter Township of Bloomfield,
Oakland County, Michigan, by its Township Board, has caused
this bond to be executed in its name by the manual or
facsimile signatures of the Supervisor and the Township Clerk
and its corporate seal (or a facsimile thereof) to be
impressed or imprinted hereon. This bond shall not be valid
unless the Certificate of Authentication has been manually
executed by an authorized representative of the bond registrar
and paying agent.
CHARTER TOWNSHIP OF BLOOMFIELD
(SEAL)
By:______________________ By:____________________________
Township Clerk Supervisor
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within
mentioned Resolution.
The Bank of New York Trust Company, N.A.,
Bond Registrar and Paying Agent
By: ____________________________
Authorized Representative
AUTHENTICATION DATE:
ASSIGNMENT
For value received, the undersigned hereby sells, assigns
and transfers unto _______________________________
________________________________________________ (please print
or type name, address and taxpayer identification number of
transferee) the within bond and all rights thereunder and does
hereby irrevocably constitute and appoint _____________
______________________________ attorney to transfer the within
bond on the books kept for registration thereof, with full
power of substitution in the premises.
Dated:_______________________ __________________________
Signature Guaranteed __________________________
Signature(s) must be guaranteed by an eligible guarantor
institution participating in a Securities Transfer Association
recognized signature guarantee program.
END OF BOND FORM
11. SECURITY. The full faith and credit of the Township are
pledged for the prompt payment of the principal of and
interest on the bonds authorized by this Bond Resolution as
the same shall become due. There shall be levied upon all
taxable property in the Township upon the tax roll of the year
2007 and upon the tax roll of each year thereafter while any
of the bonds are outstanding, an amount such that the
estimated collections therefrom will be sufficient to promptly
pay at maturity the principal and interest maturing on the
bonds prior to the time of the following year's tax
collections. Taxes required to be levied to pay such principal
and interest shall be levied without limitation as to rate or
amount.
12. DEFEASANCE. In the event cash or direct obligations of
the United States or obligations the principal of and interest
on which are guaranteed by the United States, or a combination
thereof, the principal of and interest on which, without
reinvestment, come due at times and in amounts sufficient to
pay, at maturity or irrevocable call for earlier optional
redemption, the principal of, premium, if any, and interest on
the bonds, or any portion thereof, shall have been deposited
in trust, this Bond Resolution shall be defeased with respect
to such bonds, and the owners of the bonds shall have no
further rights under this Bond Resolution except to receive
payment of the principal of, premium, if any, and interest on
such bonds from the cash or securities deposited in trust and
the interest and gains thereon and to transfer and exchange
bonds as provided herein.
13. PRINCIPAL AND INTEREST FUND. There shall be established
for the bonds a Principal and Interest Fund which shall be
kept in a separate bank account. From the proceeds of the sale
of the bonds there shall be set aside in the Principal and
Interest Fund any premium and accrued interest received from
the purchaser of the bonds at the time of delivery of the
same. All payments made by the Township pursuant to Section 11
of this Bond Resolution are pledged for payment of the
principal of and interest on the bonds and as made shall be
placed in the Principal and Interest Fund.
14. CONSTRUCTION FUND. The remainder of the proceeds of the
sale of the bonds shall be set aside in a construction fund
and used solely to defray the costs of the Project, including
any engineering, legal and other expenses incidental thereto.
Any unexpended balance of the proceeds of the sale of the
bonds remaining in the construction fund after completion of
the Project shall be deposited in the Principal and Interest
Fund established by Section 13 hereof.
15. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The
estimates of $29,000,000 as the cost of the Project and of 25
years and upwards as the period of usefulness thereof, as
submitted to this Township Board, are approved and adopted.
16. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY. The
issuance and sale of the bonds shall be subject to permission
being granted therefor by the Department of Treasury of the
State of Michigan pursuant to Act 34, Public Acts of Michigan,
2001, as amended ("Act 34"). If necessary, the Supervisor
shall make application to the Department of Treasury for
permission to issue and sell the bonds under Act 34 as
provided by the terms of this Bond Resolution.
17. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF
BONDS. The Township shall sell the bonds at not less than 99%
nor more than 101% of their par value and accrued interest in
accordance with the laws of this state. The Supervisor, the
Township Clerk and the Township Treasurer are each authorized
to execute and deliver such certificates or documents as bond
counsel shall require and to do all other things necessary to
effectuate the sale, issuance, delivery, transfer and exchange
of the bonds in accordance with the provisions of this Bond
Resolution.
18. REPLACEMENT OF BONDS. Upon receipt by the Township
Clerk of proof of ownership of an unmatured bond, of
satisfactory evidence that the bond has been lost, apparently
destroyed or wrongfully taken and of security or indemnity
which complies with applicable law and is satisfactory to the
Township Clerk, the Township Clerk may authorize the bond
registrar and paying agent to deliver a new executed bond to
replace the bond lost, apparently destroyed or wrongfully
taken in compliance with applicable law. In the event an
outstanding matured bond is lost, apparently destroyed or
wrongfully taken, the Township Clerk may authorize the bond
registrar and paying agent to pay the bond without
presentation upon the receipt of the same documentation
required for the delivery of a replacement bond. The bond
registrar and paying agent, for each new bond delivered or
paid without presentation as provided above, shall require the
payment of expenses, including counsel fees, which may be
incurred by the bond registrar and paying agent and the
Township in the premises. Any bond delivered pursuant the
provisions of this Section 18 in lieu of any bond lost,
apparently destroyed or wrongfully taken shall be of the same
form and tenor and be secured in the same manner as the bond
in substitution for which such bond was delivered.
19. TAX COVENANT. The Township covenants to comply with all
requirements of the Internal Revenue Code of 1986, as amended,
necessary to assure that the interest on the bonds will be and
will remain excludable from gross income for federal income
tax purposes. The Supervisor, the Township Clerk, the Township
Treasurer and other appropriate Township officials are
authorized to do all things necessary to assure that the
interest on the bonds will be and will remain excludable from
gross income for federal income tax purposes.
20. NOTICE OF SALE. Sealed bids for the purchase of the
bonds shall be received up to such time as shall hereafter be
determined by the Supervisor. The Notice of Sale for the bonds
shall be published in accordance with law in The Bond Buyer
and shall be in substantially the following form:
OFFICIAL NOTICE OF SALE
$26,000,000
CHARTER TOWNSHIP OF BLOOMFIELD
COUNTY OF OAKLAND, STATE OF MICHIGAN
GENERAL OBLIGATION UNLIMITED TAX BONDS,
SERIES 2007
SEALED BIDS for the purchase of the above bonds will be
received by an agent of the undersigned at the office of
Bendzinski & Co., Municipal Finance Advisors, 607 Shelby,
Suite 600, Detroit, Michigan 48226-3282, on __________, the
____ day of _____, 2007, until _______ o'clock, __.M., Eastern
Daylight Time, at which time and place said bids will be
publicly opened and read. Signed bids may be submitted by fax,
but no bid will be received after the time for receiving bids
specified above and the bidder bears all risks of transmission
failure.
IN THE ALTERNATIVE: Bids may be submitted electronically
via PARITY pursuant to this Notice on the same date and until
the same time, but no bid will be received after the time for
receiving bids specified above. To the extent any instructions
or directions set forth in PARITY conflict with this Notice,
the terms of this Notice shall control. For further
information about PARITY, potential bidders may contact
Bendzinski & Co. at (313) 961-8222 or PARITY at
(212) 849-5021.
BOND DETAILS: The bonds will be fully registered bonds of
the denomination of $5,000 each or any integral multiple
thereof not exceeding the aggregate principal amount for each
maturity at the option of the purchaser thereof, dated
November 1, 2007, and will bear interest from their date
payable on May 1, 2008, and semi-annually thereafter.
Said bonds will mature on the first day of May as follows:
|
Year |
Principal Amount |
Year |
Principal Amount |
| |
|
|
|
|
2009 |
$500,000 |
2021 |
$900,000 |
|
2010 |
500,000 |
2022 |
900,000 |
|
2011 |
500,000 |
2023 |
1,000,000 |
|
2012 |
500,000 |
2024 |
1,000,000 |
|
2013 |
500,000 |
2025 |
1,500,000 |
|
2014 |
500,000 |
2026 |
1,500,000 |
|
2015 |
600,000 |
2027 |
1,500,000 |
|
2016 |
600,000 |
2028 |
1,500,000 |
|
2017 |
700,000 |
2029 |
2,000,000 |
|
2018 |
700,000 |
2030 |
2,000,000 |
|
2019 |
800,000 |
2031 |
2,500,000 |
|
2020 |
800,000 |
2032 |
2,500,000 |
TERM BOND OPTION: Bidders shall have the option of
designating bonds maturing in the years 2019 through final
maturity as serial bonds or term bonds, or both. The bid must
designate whether each of the principal amounts shown above
for the years 2019 through final maturity represent a serial
maturity or a mandatory redemption requirement for a term bond
maturity. There may be more than one term bond designated. In
any event, the above principal amount scheduled for the years
2019 through final maturity shall be represented by either
serial bond maturities or mandatory redemption requirements,
or a combination of both. Any such designation must be made at
the time bids are submitted.
PRIOR REDEMPTION:
A. MANDATORY REDEMPTION. Bonds designated as term bonds
shall be subject to mandatory redemption at par and accrued
interest on the dates and in the amounts corresponding to the
annual principal maturities hereinbefore set forth. The bonds
or portions of bonds to be redeemed shall be selected by lot.
B. OPTIONAL REDEMPTION. Bonds maturing prior to May 1, 2019
shall not be subject to optional redemption prior to maturity.
Bonds maturing on and after May 1, 2019, shall be subject to
redemption prior to maturity, at the option of the Township,
in such order as shall be determined by the Township, in whole
or in part, on any date on and after May 1, 2018, in integral
multiples of $5,000 and by lot within a maturity, at par and
accrued interest to the date fixed for redemption without
premium.
C. NOTICE OF REDEMPTION. Not less than thirty days' notice
of redemption shall be given by mail to the registered holder
at the registered address. Bonds or portions of bonds called
for redemption shall not bear interest after the redemption
date, provided funds are on hand with the bond registrar and
paying agent to redeem the same.
INTEREST RATE AND BIDDING DETAILS: The bonds shall bear
interest at a rate or rates not exceeding 6% per annum, to be
fixed by the bids therefor, expressed in multiples of 1/8 or
1/20 of l%, or both. The interest on any one bond shall be at
one rate only and all bonds maturing in any one year must
carry the same interest rate. The difference between the
highest and lowest interest rate on the bonds shall not exceed
2 percentage points. No proposal for the purchase of less than
all of the bonds or at a price less than 99% or more than 101%
of their par value will be considered.
BOOK-ENTRY-ONLY: The bonds will be issued in
book-entry-only form as one fully registered bond per maturity
and will be registered in the name of Cede & Co., as nominee
for The Depository Trust Company ("DTC"), New York, New York.
DTC will act as securities depository for the bonds. Purchase
of the bonds will be made in book-entry-only form, in the
denomination of $5,000 or any integral multiple thereof.
Purchasers will not receive certificates representing their
interest in bonds purchased. The book-entry-only system is
described further in the preliminary official statement for
the bonds.
BOND REGISTRAR AND PAYING AGENT: The bonds shall be payable
as to principal in lawful money of the United States upon
surrender thereof at the designated corporate trust office of
__________________________, ______________, Michigan, the bond
registrar and paying agent. Interest shall be paid to the
registered owner of each bond as shown on the registration
books at the close of business on the 15th day of the calendar
month preceding the month in which the interest payment is
due. Interest shall be paid when due by check or draft drawn
upon and mailed by the bond registrar and paying agent to the
registered owner at the registered address. As long as DTC, or
its nominee Cede & Co., is the registered owner of the bonds,
payments will be made directly to such registered owner.
Disbursement of such payments to DTC participants is the
responsibility of DTC and disbursement of such payments to the
beneficial owners of the bonds is the responsibility of DTC
participants and indirect participants as described in the
preliminary official statement for the bonds. The Township may
from time to time as required designate a successor bond
registrar and paying agent.
PURPOSE AND SECURITY: Issuance of the bonds was approved at
the Primary Election held in the Township on August 8, 2006.
The bonds are to be issued for the purpose of funding the
Township’s long-term building program and paying the costs of
(i) acquiring, constructing, furnishing and equipping a senior
citizens center in the Township and acquiring and improving
the site therefor, (ii) acquiring, constructing, furnishing
and equipping a public services building in the Township and
improving the site therefor, and (iii) acquiring,
constructing, furnishing and equipping a central fire station
in the Township and improving the site therefor, and
renovating and constructing an addition to the Westview Road
fire station. The full faith and credit of the Township have
been pledged to the prompt payment of the principal of and
interest on the bonds, and the Township is authorized and
required to levy ad valorem taxes, without limitation as to
rate or amount, to the extent necessary for the payment of
such principal and interest.
GOOD FAITH: A certified or cashier's check drawn upon an
incorporated bank or trust company or a Financial Surety Bond
in the amount of $260,000 and payable to the order of the
Treasurer of the Charter Township of Bloomfield must accompany
each bid as a guarantee of good faith on the part of the
bidder, to be forfeited as liquidated damages if such bid be
accepted and the bidder fails to take up and pay for the
bonds. If a check is used, it must accompany each bid. If a
Financial Surety Bond is used, it must be from an insurance
company licensed to issue such a bond in the State of Michigan
and such bond must be submitted to the Township’s Financial
Consultant referred to below prior to the opening of the bids.
The Financial Surety Bond must identify each bidder whose good
faith deposit is guaranteed by such Financial Surety Bond. If
the bonds are awarded to a bidder utilizing a Financial Surety
Bond, then the purchaser (the "Purchaser") is required to
submit its good faith deposit to the Township in the form of a
cashier's check (or wire transfer such amount as instructed by
the Township) not later than Noon, Eastern ___________ Time,
on the next business day following the award. If such good
faith deposit is not received by that time, the Financial
Surety Bond may be drawn upon by the Township to satisfy the
good faith deposit requirement. The good faith deposit will be
applied to the purchase price of the bonds. In the event the
Purchaser fails to honor its accepted bid, the good faith
deposit will be retained by the Township. No interest shall be
allowed on the good faith checks and checks of the
unsuccessful bidders will be promptly returned to each
bidder's representative or by overnight courier service. The
good faith check of the successful bidder will be immediately
cashed and payment for the balance of the purchase price of
the bonds shall be made at the closing.
AWARD OF BONDS: The bonds will be awarded to the bidder
whose bid produces the lowest true interest cost to the
Township. True interest cost shall be computed by determining
the annual interest rate (compounded semiannually) necessary
to discount the debt service payments on the bonds from the
payment dates thereof to _________, 2007, and to the price
bid, excluding accrued interest.
LEGAL OPINION: Bids shall be conditioned upon the approving
opinion of Dickinson Wright PLLC, attorneys of Detroit,
Michigan, the original of which will be furnished without
expense to the purchaser of the bonds at the delivery thereof.
The fees of Dickinson Wright PLLC for services rendered in
connection with such approving opinion are expected to be paid
from bond proceeds. Except to the extent necessary to issue
its approving opinion as to the validity of the above bonds,
Dickinson Wright PLLC has made no inquiry as to any financial
information, statements or materials contained in any
financial documents, statements or materials that have been or
may be furnished in connection with the authorization,
issuance or marketing of the bonds, and accordingly will not
express any opinion with respect to the accuracy or
completeness of any such financial information, statements or
materials.
TAX MATTERS: The approving opinion of bond counsel will
include an opinion to the effect that under existing law, the
interest on the bonds (a) is excluded from gross income for
federal income tax purposes, and (b) is not an item of tax
preference for purposes of the federal alternative minimum tax
imposed on individuals and corporations; such opinion will
note, however, that certain corporations must take into
account interest on the bonds in determining adjusted current
earnings for the purpose of computing such alternative minimum
tax. The opinion set forth in clause (a) above will be subject
to the condition that the Township comply with all
requirements of the Internal Revenue Code of 1986, as amended
(the "Code"), that must be satisfied subsequent to the
issuance of the bonds in order that interest thereon be (or
continue to be) excluded from gross income for federal income
tax purposes. Failure to comply with certain of such
requirements could cause the interest on the bonds to be
included in gross income retroactive to the date of issuance
of the bonds. The Township has covenanted to comply with all
such requirements. Bond counsel will express no opinion
regarding other federal tax consequences arising with respect
to the bonds.
The Township has not designated the bonds as "qualified tax
exempt obligations" for purposes of Section 265(b)(3) of the
Code.
The successful bidder will be required as a condition of
delivery of the bonds, to certify the "issue price" of the
bonds within the meaning of Section 1273 of the Code. In
addition, if the successful bidder will obtain a municipal
bond insurance policy or other credit enhancement for the
bonds in connection with their original issuance, the
successful bidder will be required, as a condition of delivery
of the bonds, to certify that the premium therefor will be
less than the present value of the interest expected to be
saved as a result of such insurance or other credit
enhancement. The form of an acceptable certificate will be
provided by bond counsel.
In addition, the approving opinion of bond counsel will
include an opinion to the effect that under existing law, the
bonds and the interest thereon are exempt from all taxation by
the State of Michigan or any political subdivision thereof,
except estate taxes, gross receipts taxes imposed by the
Michigan Business Tax and taxes on gains realized from the
sale, payment or other disposition thereof.
CUSIP: CUSIP numbers will be imprinted on all bonds of this
issue at the Township's expense. Neither the failure to print
numbers nor an improperly printed number will constitute basis
for the purchaser to refuse to accept delivery. The purchaser
shall be responsible for requesting assignment of numbers and
for the payment of any charges for the assignment of numbers.
OFFICIAL STATEMENT: A copy of the preliminary official
statement relating to the bonds may be obtained by contacting
the Financial Consultant to the Township referred to below.
The preliminary official statement is in a form deemed final
by the Township for purposes of paragraph (b)(1) of SEC Rule
15c2-12 (the "Rule"), but is subject to revision, amendment
and completion in a final official statement.
After the award of the bonds, the Township will provide on
a timely basis 200 copies of a final official statement, as
that term is defined in paragraph (f)(3) of the Rule, at the
expense of the Township (and such additional copies of the
final official statement as reasonably requested by, and at
the expense of, the successful bidder or bidders) to enable
the successful bidder or bidders to comply with paragraph
(b)(4) of the Rule and the rules of the Municipal Securities
Rulemaking Board. Requests for such additional copies of the
final official statement shall be made to the Financial
Consultant to the Township, within 24 hours of the award of
the bonds.
CONTINUING DISCLOSURE: In order to enable bidders to comply
with paragraph (b)(5) of the Rule, the Township will
undertake, pursuant to a resolution adopted by its governing
body and a continuing disclosure certificate, to provide
annual reports and notices of certain events. A description of
this undertaking is set forth in the preliminary official
statement and will also be set forth in the final official
statement.
DELIVERY OF BONDS: The Township will furnish bonds ready
for execution at its expense. Bonds will be delivered without
expense to the purchaser through DTC, New York, New York. The
usual closing documents including a continuing disclosure
certificate and a certificate that no litigation is pending
affecting the issuance of the bonds, will be delivered at the
time of the delivery of the bonds. If the bonds are not
tendered for delivery by twelve o'clock noon, Eastern
_________ Time, on the 45th day following the date of sale, or
the first business day thereafter if said 45th day is not a
business day, the successful bidder may on that day, or any
time thereafter until delivery of the bonds, withdraw its
proposal by serving notice of cancellation, in writing, on the
undersigned, in which event the Township shall promptly return
the good faith deposit. Payment for the bonds shall be made in
Federal Reserve Funds. Accrued interest to the date of
delivery of the bonds shall be paid by the purchaser at the
time of delivery.
FINANCIAL CONSULTANT: Further information with respect to
the bonds may be obtained from Bendzinski & Co., Municipal
Finance Advisors, 607 Shelby, Suite 600, Detroit, Michigan
48226-3282, Telephone (313) 961-8222, Fax (313) 961-8220,
Financial Consultant to the Township.
THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS.
ENVELOPES containing the bids should be plainly marked
"Proposal for Bonds".
____________________________________
Township Supervisor
Charter Township of Bloomfield
21. OFFICIAL STATEMENT. The Supervisor, Clerk or Treasurer
is authorized to cause the preparation of a preliminary
official statement and a final official statement for the
bonds for the purpose of enabling compliance with SEC Rule
15c2-12 (the "Rule") by the successful bidder or bidders and
to do all other things necessary to enable compliance with the
Rule by the successful bidder or bidders. After the award of
the bonds, the Township shall provide, on a timely basis, 200
copies of the final official statement at its expense (and
such additional copies of the final official statement as
reasonably requested by, and at the expense of, the successful
bidder or bidders) to enable the successful bidder or bidders
to comply with paragraph (b)(4) of the Rule and the rules of
the Municipal Securities Rulemaking Board.
22. CONTINUING DISCLOSURE. The Supervisor and the Township
Clerk are hereby authorized to execute a certificate of the
Township to comply with the continuing disclosure undertaking
of the Township with respect to the Bonds pursuant to
paragraph (b)(5) of the Rule, and amendments to such
certificate from time to time in accordance with the terms of
such certificate (the certificate and any amendments thereto
are collectively referred to herein as the "Continuing
Disclosure Certificate"). The Township hereby covenants and
agrees that it will comply with and carry out all of the
provisions of the Continuing Disclosure Certificate.
23. CONFLICTING RESOLUTIONS. All resolutions and parts of
resolutions insofar as they may be in conflict herewith are
hereby rescinded.
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 September 10, 2007.
_____________________
JANET M. RONCELLI
TOWNSHIP CLERK
ITEM #7 Resolution Approving and Authorizing Publication
of a Notice of Intent to Issue Bonds for Water & Sewer
Improvements
MOTION by Buckley and SUPPORT by Barnett to APPROVE and
AUTHORIZE Publication of a Notice of Intent to Issue Bonds for
Water & Sewer Improvements.
RESOLUTION DECLARING OFFICIAL INTENT TO
REIMBURSE PROJECT
EXPENDITURES WITH BOND PROCEEDS AND
AUTHORIZING PUBLICATION OF NOTICE OF INTENT TO ISSUE BONDS
WHEREAS, the Charter Township of Bloomfield (the
"Township") proposes to issue its tax-exempt bonds (the
"Bonds") under Act 34, Public Acts of Michigan, 2001, as
amended ("Act 34"), to finance the hereinafter described
capital improvements in the Township (the "Project"); and
WHEREAS, it is anticipated that the Township will advance a
portion of the costs of the Project prior to the issuance of
the Bonds, such advance to be repaid from proceeds of the
Bonds upon the issuance thereof; and
WHEREAS, Section 1.150-2 of the Treasury Regulations on
Income Tax (the "Reimbursement Regulations") specifies
conditions under which a reimbursement allocation may be
treated as an expenditure of bond proceeds, and the Township
intends by this resolution to qualify amounts advanced by the
Township to the Project for reimbursement from proceeds of the
Bonds in accordance with the requirements of the Reimbursement
Regulations.
NOW, THEREFORE, BE IT RESOLVED by the Township Board of the
Charter Township of Bloomfield, Oakland County, Michigan, as
follows:
The Project shall consist of making capital
improvements to the Township's water supply system and the
Township’s sewage disposal system.
The maximum principal amount of Bonds expected to be
issued for the Project is $10,000,000.
The Township hereby declares its official intent to
issue the Bonds to finance the costs of the Project, and
hereby declares that it reasonably expects to reimburse
the Township's advances to the Project as anticipated by
this resolution.
The Bonds shall be authorized by proper proceedings
subsequent to this resolution.
The Clerk is hereby instructed to publish the notice
attached hereto as Exhibit A once in a newspaper of
general circulation in the Charter Township of Bloomfield,
which notice shall not be less than ¼ page in size in such
newspaper, with such changes as the Clerk shall deem
necessary or appropriate, upon the advice of bond counsel.
All prior resolutions and parts of resolutions insofar
as they may be in conflict with this resolution are hereby
rescinded.
AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie,
Stefanes
NAYS: None
RESOLUTION DECLARED ADOPTED.
STATE OF MICHIGAN )
)ss
COUNTY OF OAKLAND )
I hereby certify that the foregoing is a true and complete
copy of a resolution adopted by the Township Board of the
Charter Township of Bloomfield, Oakland County, Michigan, at a
regular meeting held on September 10, 2007, the original of
which resolution is on file in my office. I further certify
that notice of said meeting was given in accordance with the
Open Meetings Act.
_____________________
JANET M. RONCELLI
TOWNSHIP CLERK
ITEM #8 Hearing of Assessment – Eastover Farms
Subdivision Sanitary Sewer Extension, SAD 402
Wayne Domine, Director, Engineering & Environmental, made
the presentation.
The Township Board has approved two resolutions for this
project; this third resolution would approve the preparation
of an assessment roll. This special assessment district will
affect six parcels. Preliminary cost estimates have indicated
that the project will total $247,200.00 amounting to an
assessment for each home of $41,200.00.
Randy Ford, Township Engineer, Hubbell, Roth & Clark, Inc.,
stated that the district is very small. The existing sanitary
sewer is at Long Lake and Greentree . The project requires the
construction of approximately 1000 feet of sanitary sewer and
road restoration. If the Board approves this resolution, bids
will be taken and the contract will be awarded at the next
public hearing. Construction for this project would be
completed by Fall 2007, but restoration of the road would not
be completed until Spring 2008.
MOTION by Savoie and SUPPORT by Barnett to APPROVE the
Resolution Directing the Township Assessor to Prepare the
Special Assessment Roll for the Eastover Farms Sanitary Sewer
Extension.
STATE OF MICHIGAN
COUNTY OF OAKLAND
CHARTER TOWNSHIP OF BLOOMFIELD
[Eastover Farms Sanitary Sewer Extension]
[Resolution No. 3]
RESOLUTION DIRECTING ASSESSOR TO PREPARE
SPECIAL ASSESSMENT ROLL
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 September 10, 2007.
R E C I T A T I O N S:
The Township has considered construction of the proposed
improvement described below (the "Project"), and has further
requested the establishment of a special assessment district
to finance and defray the cost of the Project.
The Project includes 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 650 feet, then extending
easterly approximately 350 feet, along Sunnyhill Court to a
terminus manhole, within the public road right-of-way.
The Project is designed and intended to especially benefit
the properties identified in the special assessment district
attached to this Resolution, which shall be designated as
Special Assessment District No. 402 (the "District").
After an initial consideration, the Township Board adopted
its Resolution No. 2 declaring its tentative intent to proceed
with the Project and with the establishment of the District.
Plans for the Project, and an estimate of the cost of the
Project in the amount of $247,200, have been prepared and
notice of public hearing has been given, according to law, to
the owners of property in the District to inform them of their
opportunity to present comments and objections to the Project,
and to the District.
The hearing was duly conducted consistent with the Notice,
and the Township Board has determined to proceed with the
Project and with the establishment of the District.
NOW THEREFORE, be it resolved as follows:
1. The Township shall proceed with the Project.
2. The plans and specifications prepared for the Project
and the cost estimates are approved following a public
hearing.
3. The District shall consist of the properties identified
in the special assessment district attached to this Resolution
and against which one hundred percent (100%) of the cost of
the Project shall be assessed.
4. The duration of the District’s existence shall be 20
years, and, unless paid in cash in respect to a particular
property, the special assessments shall be paid in
installments which shall be specified in the Township Board's
Resolution confirming the special assessment roll.
5. The Township Assessor shall prepare a special assessment
roll that includes all lots and parcels of land within the
District with the names of the respective record owners of
each property, if known, and shall also include the total
amount to be assessed against each property. The amount to be
assessed against each property shall be based upon the
proportionate amount of special benefit to be received by each
property from the Project. The amount spread in each case
shall be based upon the detailed estimate of costs as approved
by the Township Board.
6. When the Assessor completes the assessment roll, he
shall file it with the Township Clerk for presentation to the
Township Board, along with his certification that the roll has
been made pursuant to law and this Resolution of the Township
Board and that, in making the assessment roll, the Assessor
has in his best judgment conformed in all respects to the law
and the directions contained in this Resolution. Upon receipt,
the Township Clerk shall forthwith present the roll and the
Assessor’s certification to the Township Board.
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 September 10, 2007.
CHARTER TOWNSHIP OF BLOOMFIELD
________________
____________________________________
Date JANET RONCELLI, Township Clerk
Parcel Nos.
19-12-452-011
19-12-452-012
19-12-476-009
19-12-476-010
19-12-476-013
19-12-476-036
ITEM #9 Bloomfield Park 425 Agreement Site Plan
Patti McCullough, Director of Planning and Building, made
presentation.
Per the 425 Agreement, site plans for Bloomfield Park Phase
1 are reviewed by the Joint Development Council (JDC). The
committee consists of a representative from the City of
Pontiac, one from the court, and the Township’s
representative, Dan Devine.
Some of the buildings proposed are within Bloomfield
Township’s boundaries, as opposed to the 425 Agreement. These
sites were reviewed and tabled by the Township’s Planning
Commission at their July 16, 2007 meeting due to outstanding
items, which include approved shared parking and traffic
impact studies. The Township has worked closely with the City
of Pontiac’s Planning Department.
Mike Labadie, the Township’s Traffic Consultant, Tetra
Tech, reviewed the shared parking and traffic impact studies
with the Board. Shared parking is a concept where space may be
utilized without interference; it is an accepted concept
across the country. There is a sufficient number of spaces on
the site. The traffic impact study is problematic. There needs
to be a mitigation plan and consistency with accepted
practice. Traffic from the Target Development is also being
reviewed in the Bloomfield Park study. Traffic has been a
major concern with the project and how it relates to the
Michigan Department of Transportation (MDOT) requirements,
driveway spacing, traffic signals and traffic circulation.
The Township’s Planning Commission has expressed concerns
with the site plans for the Bloomfield Park Phase 1 project.
The Commission requires satisfactory completion of the traffic
impact studies and recommends that the JDC do the same.
ITEM #10 Request for Financial Assistance from
Bloomfield Hills Schools to Restore Wing Lake School
Wing Lake School is a schoolhouse that dates back to 1859.
It has much historical value for the school district and
Township. The Bloomfield Hills School District has asked the
Township to contribute money for renovations of this building.
Discussion ensued regarding the Board’s desire for the
Bloomfield Historical Society to play a greater role in the
restoration and public use of this building. Also, discussion
included who would be responsible for maintaining the building
and landscaping. The consensus was that it should be the
school district’s responsibility and that an agreement should
be prepared that would document these stipulations by the
Board.
MOTION by Devine and SUPPORT by Barnett to APPROVE a
$100,000.00 Contribution to Bloomfield Hills School District
for Restoration of the Wing Lake School Contingent Upon A
Written Contractual Agreement that Addresses the
Recommendations by the Board.
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 September 10, 2007.
_____________________
JANET M. RONCELLI
TOWNSHIP CLERK
ITEM #11 Forest Lake Weir Resolution No. 2
The Board approved resolution No. 1 at their June 11, 2007
meeting. Easement and temporary construction agreements have
been signed and notarized for the project. The Township will
not be responsible for maintaining the Weir once it is
constructed. If this resolution is approved, a public hearing
will be held at the Board meeting on October 8, 2007.
This matter also affects West Bloomfield Township, as part
of Upper Long Lake resides in their jurisdiction. They will
consider approval of resolutions one and two at their meeting
on September 24, 2007.
MOTION by Barnett and SUPPORT by Stefanes to APPROVE
Resolution No. 2 for the Forest Lake Weir Restoration Project.
CHARTER TOWNSHIP OF BLOOMFIELD
FOREST LAKE OUTLET STRUCTURE
SPECIAL ASSESSMENT DISTRICT NO. 401
RESOLUTION NO. 2
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 September 10, 2007.
RECITALS
The Clerk presented the Board the plans provided by the
Township’s Consulting Engineer, describing the proposed
improvement mentioned in the following resolution, the
location thereof, the special assessment district to be
benefited by said improvement, and a cost estimate in the
amount of $114,000.00, for said improvement.
WHEREAS, The Board on June 11, 2007 passed a resolution
declaring its intention to make the improvement described in
that resolution to be known as Forest Lake Outlet Control
Structure Special Assessment District No. 401; and
WHEREAS, the Township’s Consulting Engineer has prepared,
upon request, plans for the proposed improvement and the
location thereof, and the estimate of the costs of said
improvement;
NOW, THEREFORE, IT IS RESOLVED THAT:
1. The Board tentatively declares its intention to make the
Forest Lake Outlet Structure improvements, 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 |
|
6 |
Repair Misc. Demolition |
$ 2,000.00 |
|
7 |
Remove Stop Log Channels |
$ 1,000.00 |
|
8 |
Actuated Weir Gate |
$ 14,000.00 |
|
9 |
Galvanized Steel Grating & Frame
|
$ 6,600.00 |
|
10 |
BILCO Hatch (or equal) |
$ 1,700.00 |
|
11 |
Site Protection/Restoration, Misc.
|
$ 1,000.00 |
|
12 |
Traffic Control |
$ 5,000.00 |
|
13 | |