Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, NOVEMBER 13, 2007

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

Also present, Attorney Mark Roberts

ABSENT: None

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

PUBLIC HEARING OF ASSESSMENT: FOREST LAKE OUTLET STRUCTURE

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

On October 31, 2007, two bids were received for this project. Oak Construction Corporation submitted the lowest bid in the amount of $74,000.00. The project costs will remain at $114,000.00 due to contingencies and engineering services.

There is no start date for the project at this time. Once the contract is signed, the contractor will provide a work schedule. The work may begin this year, but the concrete would need cold weather protection until it can be completed in the spring. Or, Oak Construction may elect not to start the project until spring when the weather is warmer. Per project specifications, the completion date is May 1, 2008.

There will be a one-time assessment charge, which must follow the County schedule. The tentative assessment collection date is June 1, 2008. Assessments would become delinquent if not paid by September 1, 2008 per the resolution and state statute.

The Township is facilitating the construction of this project, but the Associations will be responsible for maintenance and operation of the weir.

The Forest Lake Outlet Structure Public Hearing of Assessment was closed at 8:13 p.m.

MOTION by Devine and SUPPORT by Stefanes to APPROVE the Forest Lake Control Structure Resolution #5 and CONFIRM the Special Assessment Roll Contingent Upon West Bloomfield Township Approving their Resolution.

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 November 13, 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 is for the reconstruction and improvement of the Forest lake Control Structure.

The Project is designed and intended to especially benefit the properties identified in the special assessment district attached to this Resolution, designated as Special Assessment District No. 401 (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, and subsequently the Board adopted Resolution No. 3, directing the Township Assessor to prepare the special assessment roll.

Plans for the Project, the petitions submitted for the Project, the total cost of the Project in the amount of $114,000.00, and the special assessment district for Bloomfield Township’s share of the total cost in the amount of $91,071.34, have been approved by Resolution of the Township Board, following public hearings.

In accordance with the direction of the Township Board, the Assessor has prepared a special assessment roll allocating the total cost of the Project to the property within the District according to law, and the Assessor has filed such roll with the Township Clerk;

Thereafter, the Township Board adopted its Resolution No. 4, setting a public hearing on the special assessment roll. The hearing was duly noticed according to law for the purpose of hearing objections with respect to the assessment roll and held on November 13, 2007, in accordance with the notice.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Township Board has determined that it is satisfied with the special assessment roll; that the proposed assessments are in proportion to the benefits received or to be received as a result of the Project; and that it would be appropriate to approve and confirm the special assessment roll and proceed with the Project.

2. The special assessment roll for Special Assessment District No. 401 in the amount of $91,071.34 shall be and is hereby adopted and confirmed.

3. The Township Clerk is directed to endorse on the special assessment roll the date of this confirmation, which shall be final and conclusive for the purpose of the Project unless the special assessment is contested in the State Tax Tribunal within the time and manner provided by ordinance and state law.

4. The special assessment against each property within the District shall become due and owing on June 1, 2008.

5. In all events, notwithstanding Paragraph No. 4 above, the special assessment on each property within the District shall become due and owing at such time as the property is sold.

6. Any portion of an assessment that has not been paid on or before the Due Date shall bear interest until paid, at a rate equal to six percent (6%) per annum. Interest shall commence on the date the first assessment payment is due, as stated above. If the assessment is not paid when due, the assessment shall be deemed to be delinquent and a penalty shall be collected at the rate of one percent for each month or fraction of a month that the assessment remains unpaid before being reported to the Township Board for reassessment upon the Township tax roll.

7. The Township Clerk is directed to attach her warrant as required by law to the roll and to deliver the roll, with her warrant attached, to the Township Treasurer.

8. The Township Treasurer shall collect the special assessments in accordance with the terms of this Resolution, the warrant and the statutes of the State of Michigan.

9. On the first day of September following the date when the assessment shall become due, the Township Treasurer shall submit to the Township Board a delinquent special assessment roll for reassessment on the annual Township tax roll.

All or any part of the unpaid assessment may be paid at any time with interest accrued through the month in which the payment is made.

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 November 13, 2007.

CHARTER TOWNSHIP OF BLOOMFIELD

Date JANET RONCELLI, Township Clerk

MOTION by Barnett and SUPPORT by Roncelli to AWARD the Forest Lake Control Structure Project to Oak Construction Corporation in the Amount of $74,000.00.

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 November 13, 2007.

_____________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #1 Approve Board Minutes of October 22, 2007 and Study Session Minutes of November 1, 2007

Board Minutes of October 22, 2007 were approved as printed.

MOTION by Buckley and SUPPORT by Barnett to APPROVE the Study Session Minutes of November 1, 2007 with the Noted Correction.

The Board was provided employer pension contribution projections from 2007 through 2017. These projections submitted by the Prudential actuary indicated that even with the defined contribution benefit pension plan closed to new hires, the employer contribution to the plan will still be 28 percent of covered payroll in 2017.

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 November 13, 2007.

_____________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #2 Final Site Plan Review – Smart Car USA – 1765 Telegraph Rd. (19-06-226-004)

The proposed location is at the corner of Telegraph Road and Fairfax Avenue and is the former Toyota Dealership site. It is presently under renovation to accommodate the Smart Car USA Headquarters and Dealership.

A variance has been granted to locate the dumpster at the rear lot line. Traffic circulation will remain the same to some extent and has been approved by the Police and Fire Departments. The number of parking spaces exceeds ordinance requirements for an automotive dealership. Also, three additional light pole fixtures have been proposed for this site and will not exceed the 20-foot conformance requirement by the Zoning Ordinance.

MOTION by Barnett and SUPPORT by Savoie to APPROVE the Final Site Plan for Smart Car USA Located at 1765 Telegraph Road (19-06-226-004).

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 November 13, 2007.

ITEM #3 Final Site Plan Review – Construction Federal Credit Union – 43636 Woodward Ave. (19-04-429-004)

The property is located at the east side of Woodward Avenue, north of Square Lake Road. The owner is seeking approval to renovate the building to accommodate drive-through operations for their members.

The proposed site was reviewed with regards to lighting, landscaping and parking and meets all Township requirements. The Design Review Board will review and approve all signage plans prior to installation.

MOTION by Savoie and SUPPORT by Buckley to APPROVE the Final Site Plan Review for Construction Federal Credit Union at 43636 Woodward Avenue (19-04-429-004) Contingent Upon Signage Submittal to the Design Review 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 November 13, 2007.

_____________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #4 Consider Approval of Lot Split – 3705 Wabeek Lake Dr. E. (19-18-203-003)

The proposed lot split was introduced at the Board of Trustees meeting on October 22, 2007. The property owner is seeking to subdivide the lot.

There is property owned by the Township, located on parcel B, which has a pump station. The land and station will remain and the new property owner will be responsible for screening of this equipment.

MOTION by Barnett and SUPPORT by Buckley to APPROVE the 3705 Wabeek Lake Drive East Lot-Split Request Subject to Recommendations.

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 November 13, 2007.

ITEM #5 2008 Custodial Contract

This is the same service contract as in years past. However, the agreement will be for a two-year period (2008 – 2010).

The company has done an excellent job.

A complete copy of the American Quality Cleaning, Inc. custodial service contract is available in the Clerk’s Office.

MOTION by Savoie and SUPPORT by Stefanes to APPROVE the Custodial Service Contract with American Quality Cleaning, Inc.

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 an resolution adopted by the Board at their regular meeting held on November 13, 2007.

_____________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #6 Consider Adoption of Ordinance 594, South Hills of Bloomfield Manor – Traffic Control

This ordinance was introduced at the last Board of Trustees meeting on October 22, 2007 and will authorize the Township to enforce speed limits within South Hills of Bloomfield Manor.

MOTION by Buckley and SUPPORT by Devine to ADOPT Ordinance 594, South Hills of Bloomfield Manor Traffic Control.

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF BLOOMFIELD

ORDINANCE NO. 594

SOUTH HILLS OF BLOOMFIELD MANOR MOTOR VEHICLE CODE

AND 2002 UNIFORM TRAFFIC CODE ADOPTION ORDINANCE

An Ordinance to PROVIDE FOR THE ENFORCEMENT OF THE MICHIGAN VEHICLE CODE (MVC), MCL 257.1, ET SEQ., AS AMENDED, NOW AND IN THE FUTURE, AND FOR THE ADOPTION OF THE 2002 EDITION OF THE UNIFORM TRAFFIC CODE (UTC) FOR THE PURPOSE OF REGULATING TRAFFIC AND MOTOR VEHICLES ON THE PRIVATE STREETS WITHIN THE SOUTH HILLS OF BLOOMFIELD MANOR CONDOMINIUM.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS AS FOLLOWS:

Section 1 of Ordinance

Article III, of Chapter 36, Traffic and Vehicles, is hereby amended to add Section 36-63 as follows:

Sec. 36-63. South Hills of Bloomfield Manor Condominium

Any person violating the provisions of the 2002 Uniform Traffic Code and the Michigan Vehicle Code on the private roads in the South Hills of Bloomfield Manor Condominium, in Section 2, Bloomfield Township, shall be subject to and liable for the penalties therefore.

Section 2 or Ordinance

Except as amended in this Ordinance, the Ordinances of the Charter Township of Bloomfield, including the Motor Vehicle Code, as amended, shall remain in full force and effect.

Section 3 of Ordinance

If any provision of this Ordinance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision. 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 when they were commenced.

Section 4 of Ordinance

A summary of this Ordinance shall be published in accordance with the Charter of the Charter Township of Bloomfield and this Ordinance shall become effective immediately upon the publication in the manner proscribed by law.

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

NAYS: None

ORDINANCE DECLARED ADOPTED.

CERTIFICATION

It is certified that the foregoing Ordinance was duly adopted by the Township Board of the Charter Township of Bloomfield at a meeting duly called and held on the 13th day of November 2007.

CHARTER TOWNSHIP OF BLOOMFIELD

_______________________________

JANET RONCELLI, CLERK

ITEM #7 Summary of Electronic Waste Recycling & Bulk Paper Shredding Event

The first electronic waste recycling and bulk paper event, held on November 3, 2007, was a success. The Township received 510 carloads of material, which far exceeded the projected number of 300. Township residents dropped off 50,000 pounds of electronic waste.

The cost of the event was $10,500.00 ($10,000.00 for electronic waste and $500.00 for shredding), which was below the budgeted amount of $35,000.00.

The Board recognized Meghan Bonfiglio, Environmental Service Manager, for all her hard work in developing this event for Township residents.

ITEM #8 Distribution of Absent Voter Ballot Application Forms

This matter stems from a court case, which ruled that the mailing of unsolicited absentee voter ballots was improper. This decision will affect all elections going forward, the first of which will be the possible January 15, 2008 election. The ruling may also affect the permanent absentee voter lists that are kept by clerks, depending on how the list was compiled. If the voter did not request to be added to the list, then an absentee voter application should not be sent to them. Clerk Roncelli recommended that her office continue to send applications to residents on the permanent absentee voter list but not to people over age 60 although this will increase the cost of sending out absentee applications by approximately $4500.00.

MOTION by Devine and SUPPORT by Barnett to SUPPORT Clerk Roncelli’s Recommendation of Only Sending Ballot Application Forms to Residents on the Permanent Absentee Voter List.

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 November 13, 2007.

_____________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #9 Approve Payroll and Vouchers

MOTION by Stefanes and SUPPORT by Buckley to APPROVE payroll and vouchers A002713-A002771; B018070-B018364; E002444-E002466 totaling $6,692,895.22.

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

NAYS: None

ITEM #11 Public Comment

Mike West, 1855 Long Pointe, addressed the Board during the Forest Lake Outlet Structure

Public hearing.

The Board discussed the Bloomfield Historical Society’s Open House that was held on November 4, 2007 to raise money for the Barton Farmhouse relocation. They also conferred regarding the Bloomfield Hills School District request for $10,000.00/year to provide maintenance. The Board unanimously denied the request, as it may lead to one funding request after another.

Included in Board Packet: 2008 Board of Trustees Meeting Schedule

RCOC Fast-Trac Bulletin

Michigan Townships Association (MTA) Letter

Bloomfield Historical Society Newsletter

Bloomfield Twp Police Dept – Monthly Report – October 2007

Bloomfield Twp Fire Dept – Monthly Report – September 2007

TABLED ITEMS: Cost Recovery Resolution (Tabled Indefinitely)

Meeting adjourned at 8:58 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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P.O. Box 489
Bloomfield Hills, MI 48303-0489
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