Board of Trustee Minutes
CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
Study Session
November 15, 2007
PRESENT: Supervisor Payne, Clerk Roncelli, Treasurer
Devine; Trustees Stefanes, Buckley, Barnett, and Savoie
Also present, Tom Trice, Public Works Director, Wayne
Domine, Engineering & Environmental Director, Patti
McCullough, Director of Planning & Building, Meghan Bonfiglio,
Environmental Service Manager, Jamie Burton, Hubbell, Roth &
Clark Engineer, Tom Biehl, Hubbell, Roth & Clark Engineer,
Beth Kudla, Secrest Wardle Attorney
Detroit Water and Sewerage Department (DWSD) Contract
Jamie Burton made the presentation.
DWSD claims that approximately four years ago customers
started calling them requesting new contracts. At that time,
the idea to create and establish a model contract for all 86
customers began.
The model contract would provide communities with water
service. Sewer services would not be contained in this
contract. Bloomfield Township would be a Tier 1 water customer
and the contract would be for 30 years to provide potable
(drinking) water.
Communities are represented through TAC (Technical Advisory
Committee), but DWSD retains the final decision on all
matters. TAC was designed for peer on peer review and
self-regulation with a general consensus met by the involved
communities.
With the model contract, the focus shifts from average flow
patterns to contracted limits. DWSD will commit to pressure,
but the Township would be penalized if flow limits were
exceeded. However, DWSD is not penalized if they cannot
provide adequate pressure.
DWSD began pilot negotiations for this contract with eight
communities without TAC consensus. The eight communities
include the following: Canton, Dearborn, Livonia, Northville,
Southeastern Oakland County Water Authority (SOCWA), Sterling
Height, West Bloomfield and Ypsilanti Community Utilities
Authority (YUCA). Since then, more than seven communities have
joined these negotiations. These municipalities represent over
30 percent of the DSWD communities. If they negotiate
decreases in their rates, everyone else will experience an
increase.
The model contract is based upon rate methodology, which
will go into effect for the July 2008 – June 2009 water year.
This will mean a 26.6 percent rate increase for the Township,
which translates to approximately $105.00 more per year for
the average customer. However, the Township’s actual usage is
lower than DWSD’s methodology, which would mean a 10-20
percent rate increase.
The only way to change the potential 26.6 percent increase
would be to begin negotiating a new contract. There are many
advantages and few disadvantages to beginning the negotiation
process.
Hubbell, Roth & Clark recommends that Bloomfield Township
begin negotiating a new contract.
Beth Kudla noted six significant policy changes:
Early termination costs of a 30-year contract – If a
community ends their contract before the expiration date
then they must buy-out of it by paying DWSD for the
remaining years.
There is no guarantee of pressure – DWSD will provide a
pressure that they believe they can accommodate which
leaves them a lot of room for adjustment.
Flow – Agreement is for a specific flow whereas before
it was for a reasonable flow.
In order to meet pressure to outer communities, inner
areas will need pressure-reducing valves. Who will pay for
this extra equipment needed?
The standard for DWSD’s liability is high – if a system
is damaged, the municipality must prove DWSD at fault in
order to receive payment.
Technical Advisory Committee (TAC) – The TAC meetings
occur with frequency and most communities cannot afford to
send a representative to every meeting so there is no
formal voting process. It is simply a consensus for
whoever was able to attend that meeting. Therefore, if the
community wants a policy change, then they must stay
involved and attend all meetings.
The Board discussed moving to a tiered rate of service to
address Bloomfield Township residents who use more water.
Wayne Domine will research and report back to the Board.
MOTION by Barnett and SUPPORT by Stefanes to AUTHORIZE the
Letter Drafted by Supervisor Payne to be Sent to DWSD
Requesting a Negotiation Meeting.
AYES: Barnett, Buckley, Devine, Payne, Roncelli, Savoie,
Stefanes
NAYS: None
Tree Ordinance Draft
Wayne Domine, Meghan Bonfiglio and Patti McCullough made
the presentation.
The ordinance is modeled after Northville and surrounding
communities that have a Tree Ordinance.
The demand for the Township to implement a tree ordinance
has been strong by residents. During the Master Plan Public
Comment, 80 percent of comments were in regards to tree
preservation.
The drafted ordinance would seek to protect landmark and
regulated trees. A landmark tree is any tree listed in the
table under Paragraph 4(A) and/or any tree that measures 24
inches Diameter Breast Height (DBH). DBH is the tree diameter
measured at 4.5 feet above the existing grade; for multi-stem
trees, it is the largest diameter trunk that is measured. A
regulated tree is a landmark tree and/or a protected tree
which is all trees eight inches or greater and/or any tree
with a health scoring of 16 or greater. Landmark, regulated
and protected trees would need to be replaced or relocated if
removed. If a tree cannot be replaced or relocated than the
Township may direct the applicant to pay into a Woodlands
Trust Fund in an amount equal to the value of the replacement
trees.
A Township permit would be required for the following: 1)
Removal, relocation or destruction of any tree eight inches
DBH or greater. 2) Construction of any structure within the
drip line of a protected tree. 3) Landscape improvements that
do not require a building permit. A Township permit would
require that a tree removal application, a professional tree
survey and a landscape plan be submitted.
A Township permit would not be required for the following:
1) Routine yard maintenance. 2) Dead or diseased trees with a
poor health scoring. 3) Removal of trees within 15 feet of the
building footprint or driveway easement. 4) Emergency
conditions. Landmark trees would not be included in the
exemption.
The Board expressed their concerns. The costs were
excessive to residents for survey and tree replacement.
Setting limits for what a perspective purchaser/seller can do
was frowned upon. There was no agreement on regulating all
residents for the few who need it. Finally the focus should be
narrowed from all properties to teardowns or vacant lots as
opposed to existing homes.
The Board requested that the ordinance be revised for
commercial and residential new development and suggested that
only a percentage of the trees cut down be replaced.
Post Vacancy
Trustee Stefanes will resign from the Bloomfield Township
Board of Trustees effective January 1, 2008. At that time, the
Board will have 45 days to appoint another Trustee. If no one
is appointed than the seat will remain open until one is
elected in November.
If the Board decides to appoint someone, all interested
parties would provide written answers to nine questions and
then Board members would rate each candidate. A study session
would follow for interviews and Board consensus. Once a
candidate is decided upon than the Board would appoint him/her
at their next meeting.
There was discussion of which decision would be better: to
leave open or appoint. The Board decided to move ahead with
the application process and use the interview questions from
the last time a seat was open.
Meeting adjourned at 3:43 p.m.
__________________________
JANET RONCELLI
TOWNSHIP CLERK
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