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Government > Minutes

Overview  |  Board of Trustees  |  Planning Commission
Zoning Board of Appeals

Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, JANUARY 14, 2008

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

Also present, Attorney William Hampton

ABSENT: None

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

 

ITEM #1 Vacant Board Position Fulfillment

In December 2007, Sherry Stefanes formally announced her resignation, effective January 1, 2008, from the Board of Trustees. The position was advertised and all qualified candidates were asked to submit a resume and letter of interest. There were 16 candidates from varying backgrounds that applied. The remaining Board members held a study session on January 7, 2008 and agreed that one candidate stood out. The Board decided that Greg Jamian would be capable of fulfilling former Trustee Stefanes term.

MOTION by Barnett and SUPPORT by Savoie to APPOINT Greg Jamian as a Trustee on the Bloomfield Township Board of Trustees.

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

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 the 14th day of January 2008, the original of which is in my office.

________________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #2 Approved Board Minutes of December 10, 2007 & Study Session Minutes of January 7, 2008

 

ITEM #3 Police Officer Kelly Marthen Commendation

Judy McAtee and Sally Ann Brown, Henry Ford Health Systems, presented Officer Marthen with a plaque for his dedication in instructing expectant parents on the proper way to utilize child restraint systems. They stated that he provides a valuable service to the hospital and parents. Chief Bowden also received a plaque for the department’s commitment as well.

 

ITEM #4 Final Site Plan Review – Capital Building Program

Patti McCullough, Director of Planning and Building, made the presentation.

This is the site plan review for the second phase of the Capital Building Program which involves improvements to the Department of Public Works (DPW) building, construction of a new salt storage facility, renovations and additions to the Central Fire Station and creation of new central campus parking areas and drive isles.

The building and parking setbacks are in compliance with the Township’s Zoning Ordinance, except for the Central Fire Station building addition, which encroaches the 40-foot front setback along Andover Road. The Zoning Board of Appeals granted a 16-foot encroachment variance for this setback.

John Argenta and Louis Margitan, Project Architects, CDPA, presented the Board with a PowerPoint presentation depicting the changes that will be made with Phase II.

MOTION by Buckley and SUPPORT by Barnett to APPROVE the Final Site Plan Review for Phase II of the Township’s Capital Building Program.

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

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 the 14th day of January 2008, the original of which is in my office.

________________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #5 Resolution to Authorize Bond Sale for 2008 Water and Sewer Capital Improvement Program

MOTION by Barnett and SUPPORT by Devine to APPROVE the Resolution to Authorize the Bond Sale for the 2008 Water and Sewer Capital Improvement Program.

RESOLUTION AUTHORIZING ISSUANCE OF

GENERAL OBLIGATION LIMITED TAX BONDS, SERIES 2008A AND SERIES 2008B

WHEREAS, the Township Board of the Charter Township of Bloomfield (the "Township") has determined to undertake improvements to the Township’s water supply system (the "Water System") and improvements to the Township’s sewage disposal system (the "Sewer System") (collectively, the "Project"); and

WHEREAS, the Township is authorized to issue bonds under Section 517 of Act 34, Public Acts of Michigan, 2001, as amended ("Act 34") and use the proceeds of the sale of such bonds to pay all or part of the cost of capital improvement items such as the Project; and

WHEREAS, the Township has determined that it is in the best interest of the Township to issue bonds under Section 517 of Act 34 for the purpose of paying the cost of the Project.

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. Two series of bonds of the Township aggregating the principal sum of Eight Million Seven Hundred Fifty Thousand Dollars ($8,750,000) shall be issued and sold for the purpose of defraying the cost of the Project. The first series of bonds (the "Series 2008A Bonds") shall be issued in the principal amount of Four Million Seven Hundred Fifty Thousand Dollars ($4,750,000) for the purpose of defraying the cost of that portion of the Project consisting of improvements to the Water System, and the second series of bonds (the "Series 2008B Bonds") shall be issued in the principal amount of Four Million Dollars ($4,000,000) for the purpose of defraying the cost of that portion of the Project consisting of improvements to the Sewer System. The Series 2008A Bonds and the Series 2008B Bonds are hereinafter collectively referred to as the "Bonds."

2. BOND DETAILS. The Series 2008A Bonds shall be designated "General Obligation Limited Tax Bonds, Series 2008A" and the Series 2008B Bonds shall be designated "General Obligation Limited Tax Bonds, Series 2008B." Each series of the Bonds shall be dated as of March 1, 2008, or such other date determined by the Township Board at the time of sale; 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 November 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

Series 2008A

Principal Amount

Series 2008B

Principal Amount

Total

Principal Amount

2009

$50,000

$50,000

$100,000

2010

100,000

50,000

150,000

2011

100,000

100,000

200,000

2012

100,000

100,000

200,000

2013

100,000

100,000

200,000

2014

200,000

100,000

300,000

2015

200,000

100,000

300,000

2016

200,000

200,000

400,000

2017

200,000

200,000

400,000

2018

200,000

200,000

400,000

2019

300,000

200,000

500,000

2020

300,000

200,000

500,000

2021

300,000

300,000

600,000

2022

300,000

300,000

600,000

2023

300,000

300,000

600,000

2024

400,000

300,000

700,000

2025

400,000

400,000

800,000

2026

500,000

400,000

900,000

2027

500,000

400,000

900,000

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 of each series of the Bonds, 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, and the Supervisor is authorized to sign such additional documents as he deems necessary or appropriate in order to accomplish the issuance of the Bonds in accordance with law and this Bond Resolution.

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. Each series of the Bonds shall be subject to optional redemption prior to maturity upon the terms and conditions set forth in the form of Bonds contained in Section 10 hereof.

7. BOND REGISTRAR AND PAYING AGENT. The Bank of New York Trust Company, N.A. is hereby appointed as 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 series and 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 series and 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 related series of 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 3 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. Each series of 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 LIMITED TAX BOND

SERIES 2008__

INTEREST RATE

MATURITY DATE

DATE OF ORIGINAL ISSUE

CUSIP

   

March 1, 2008

 

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 __________________________, _________, 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 November 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 _______________________ Dollars ($_________) issued by the Township under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act 34, Public Acts of 2001, as amended) and a bond authorizing resolution adopted by the Township Board of the Township (the "Resolution") to defray the costs of improvements to the Township’s [water supply system (the "Water System")] [sewage disposal system (the "Sewer System")]. The net revenues derived from the users of the [Water] [Sewer] System and the full faith and credit of the Township have been pledged to the prompt payment of the principal of and interest on this bond. In the event and to the extent that the net revenues derived from the users of the [Water] [Sewer] System are not sufficient to pay the principal of and interest on the bonds of this series, such principal and interest are payable as a first budget obligation of the Township from its general funds. The ability of the Township to raise such funds is subject to applicable constitutional, statutory and charter limitations on the taxing power of the Township.

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 optional 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 whole or in part, 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 Series 2008__ Bonds described in the within mentioned Resolution.

_____________________________

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 net revenues derived from the users of the Water System are pledged for the payment of the principal of and interest on the Series 2008A Bonds. The net revenues derived from the users of the Sewer System are pledged for the payment of the principal of and interest on the Series 2008B Bonds. The Bonds shall also be limited tax general obligations of the Township. The full faith and credit of the Township are pledged for the prompt payment of the principal of and interest on the Bonds as the same shall become due. Each year the Township shall be obligated, as a first budget obligation, to advance moneys from its general funds or to levy ad valorem property taxes on all taxable property within its corporate boundaries to pay such principal and interest as the same become due in the event and to the extent that the net revenues derived from the users of the Water System, in the case of the Series 2008A Bonds, and/or that the net revenues derived from the users of the Sewer System, in the case of the Series 2008B Bonds, are not sufficient to make such payment. The ability of the Township to raise funds to pay such amounts is subject to applicable constitutional, statutory and charter limitations on the taxing power of the Township. Nothing in this Section 11 shall preclude the Township from (a) issuing revenue bonds pursuant to Act 94, Public Acts of Michigan, 1933, as amended ("Act 94"), or additional bonds pursuant to Act 34 to pay the costs of further improvements to the Water System and pledging the net revenues derived from the users of the Water System for the payment of such bonds on a parity basis with the Township’s General Obligation Limited Tax Bonds, Series 2006 and with the Series 2008A Bonds or (b) issuing revenue bonds pursuant to Act 94 or additional bonds pursuant to Act 34 to pay the costs of further improvements to the Sewer System and pledging the net revenues derived from the users of the Sewer System for the payment of such bonds on a parity basis with the Series 2008B Bonds.

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 such 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 each series of the Bonds a Principal and Interest Fund which shall be kept in a separate bank account. From the proceeds of the sale of each series of the Bonds there shall be set aside in the related Principal and Interest Fund any premium and accrued interest received from the purchaser of such series 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 related Principal and Interest Fund.

14. CONSTRUCTION FUND. The remainder of the proceeds of the sale of each series of the Bonds shall be set aside in a separate construction fund for the related portion of the Project funded by such series of Bonds and used to acquire and construct the related portion of the Project and, to the extent not needed to pay the cost of the related portion of the Project, to acquire and construct additional improvements to the Water System or the Sewer System, as the case may be.

15. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimates of $8,750,000 as the cost of the Project and of 20 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 is subject to approval being granted therefor by the Department of Treasury of the State of Michigan in accordance with Act 34, and the Township has been granted qualified status by the Department of Treasury as provided in Act 34.

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. QUALIFIED TAX EXEMPT OBLIGATIONS. The Bonds are hereby designated as Qualified Tax Exempt Obligations as described in Section 265(b)(3)(B) of the Internal Revenue Code of 1986, as amended.

21. 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

CHARTER TOWNSHIP OF BLOOMFIELD

COUNTY OF OAKLAND, STATE OF MICHIGAN

$4,750,000 GENERAL OBLIGATION LIMITED TAX BONDS, SERIES 2008A

$4,000,000 GENERAL OBLIGATION LIMITED TAX BONDS, SERIES 2008B

SEALED BIDS for the purchase of the above bonds will be received an agent of the undersigned at the office of Bendzinski & Co., Municipal Finance Advisors, 607 Shelby, Suite 600, Detroit, Michigan 48226-3282, on Monday, the ___ day of ___________, 2008, until _____ o'clock, __.M., Eastern Standard 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 March 1, 2008, and will bear interest from their date payable on November 1, 2008, and semi-annually thereafter.

Said bonds will mature on the first day of May as follows:

 

Year

Series 2008A Bonds

Principal Amount

Series 2008B Bonds

Principal Amount

2009

$50,000

$50,000

2010

100,000

50,000

2011

100,000

100,000

2012

100,000

100,000

2013

100,000

100,000

2014

200,000

100,000

2015

200,000

100,000

2016

200,000

200,000

2017

200,000

200,000

2018

200,000

200,000

2019

300,000

200,000

2020

300,000

200,000

2021

300,000

300,000

2022

300,000

300,000

2023

300,000

300,000

2024

400,000

300,000

2025

400,000

400,000

2026

500,000

400,000

2027

500,000

400,000

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 on and after May 1, 2019, shall be subject to redemption prior to maturity, at the option of the Township, in whole or in part, in any order, on any date on and after May 1, 2018. Bonds of a denomination greater than $5,000 may be redeemed in part in amounts 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.

C. NOTICE OF REDEMPTION. Not less than thirty days’ notice of redemption shall be given by mail to the registered owners of bonds called to be redeemed 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.

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 corporate trust office of The Bank of New York Trust Company, N.A., Detroit, 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: The bonds are to be issued pursuant to the provisions of Act 34, Public Acts of Michigan, 2001, as amended. The Series 2008A Bonds are to be issued to defray the costs of improvements to the Township’s water supply system (the "Water System"), and the Series 2008B Bonds are to be issued to defray the costs of improvements to the Township’s sewage disposal system (the "Sewer System"). The net revenues derived from the users of the Water System have been pledged to the payment of the Series 2008A Bonds, and the net revenues derived from the users of the Sewer System have been pledged to the payment of the Series 2008B Bonds. The full faith and credit of the Township have been pledged to the prompt payment of the principal of and interest on each series of the bonds. In the event and to the extent that the net revenues derived from the users of the Water System and/or the net revenues derived from the users of the Sewer System are not sufficient to pay the principal of and interest on the Series 2008A Bonds or the Series 2008B Bonds, as the case may be, such principal and interest are payable as a first budget obligation of the Township from its general funds. The ability of the Township to raise such funds is subject to applicable constitutional, statutory and charter limitations on the taxing power of the Township.

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 $87,500 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 Standard 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 __________, 2008, 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 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 a 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 assist bidders in complying 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 Standard 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, 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

22. OFFICIAL STATEMENT; CONTINUING DISCLOSURE: 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, up to 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.

The Supervisor and the Township Clerk are authorized to deliver a continuing disclosure certificate to the purchasers of the Bonds, pursuant to which the Township will undertake to provide annual reports and notices of certain events to assist the purchasers of the Bonds in complying with paragraph (b)(5) of the Rule.

23. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded.

YEAS: Barnett, Buckley, Devine, Jamian, Payne, Roncelli, Savoie

NAYS: None

RESOLUTION ADOPTED.

STATE OF MICHIGAN )

) SS:

COUNTY OF OAKLAND )

I hereby certify that the foregoing is a true and complete copy of a resolution duly adopted by the Township Board of the Charter Township of Bloomfield, Oakland County, Michigan, at a regular meeting held on January 14, 2008, 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 provisions of the open meetings act.

_______________________________

Township Clerk

Charter Township of Bloomfield

 

ITEM #6 2008 Safety Path Presentation: Proposed Routes and Update to Safety Path Master Plan

Randy Ford, Hubbell, Roth & Clark, Inc. (HRC), made the presentation.

In 2004, the Safety Path Master Plan was updated and voters approved a millage for these pedestrian passages. The paths identified in the Master Plan should be completed with the 2008 program and the millage will be expiring in 2009.

HRC has provided a list of potential safety path routes for 2008. The proposed budget for this project is $1,941,000.00.

A complete copy of the 2008 Safety Path Program, Potential Routes and Cost Information, is available in the Clerk’s Office.

MOTION by Savoie and SUPPORT by Buckley to AUTHORIZE HRC to Update the Bloomfield Township Safety Path Master Plan.

MOTION by Barnett and SUPPORT by Roncelli to AUTHORIZE HRC to Proceed with Construction Plans for the 2008 Safety Path Program.

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

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 the 14th day of January 2008, the original of which is in my office.

________________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #7 Accept Bids for Temporary Storage Building

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

Per the Capital Building Program (CBP), the demolition of the current salt dome is scheduled for April 15, 2008. The salt as well as much of the DPW equipment will need to be relocated. It is proposed that a pre-engineered building be installed at the Township’s property on Golf Drive to house the equipment and salt.

There were three bids received for the pre-engineered building. It was recommended to the Board that, due to the short time frame and length of time to manufacture and deliver the building, the bid award should go to Engineered Buildings, Inc. The bid of $65,600.00, while not the lowest, came with a 45-day delivery date as opposed to a 70-day delivery date as offered by the lowest bidder.

The Board raised concerns regarding the $21,000.00 difference between the lowest and recommended bids. The Trustees discussed asking for an earlier delivery date or working around the date in order to accept the lowest bid. The time of year and the unstable weather were also mentioned as factors for an earlier delivery date as well as the fact that Engineered Buildings, Inc. is a Michigan-based company.

MOTION by Savoie and SUPPORT by Barnett to ACCEPT the Bid of $65,600.00 from Engineered Buildings, Inc for the Purchase of a 80 x 80 Pre-Engineered Building for the Township’s property on Golf Drive and to AUTHORIZE the CBP’s Construction Manager, George W. Auch Company, to Proceed with Securing Bids for Site Preparation and Installation.

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

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 the 14th day of January 2008, the original of which is in my office.

________________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #8 Landscaping Proposal for Gateway Project

Leslie Helwig, Community Relations Director, made the presentation.

Former Trustee Stefanes initiated this project due to the Township’s need to correct an identity problem. The Township is consistently referred to as Bloomfield Hills. Welcome markers at prominent entries into the Township may assist to alleviate this dilemma. These entries would distinguish the uniqueness of Bloomfield Township.

Proposals for these markers were received from four landscape architects. Michael J. Dul & Associates was determined to be the most qualified to perform the work. Their bid of $17,000.00 included the engineering work as well as construction management; the two lower bids included design concept only.

The first entry marker will be installed at Telegraph and 14 Mile Road in time for the PGA Championship in August 2008. At this time, construction costs cannot be determined, but approximately $50,000.00 may be taken from the Community Relations and the Improvement and Revolving Fund budgets.

It is recommended that the project be implemented in two phases, once a cost estimate is determined. The first phase (14 Mile and Telegraph) will be completed by June 1, 2008 and the second phase, which will consist of all other markers, will be implemented by December 31, 2008 or later.

MOTION by Barnett and SUPPORT by Jamian to APPROVE the Gateway Project, Phases I and II.

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

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 the 14th day of January 2008, the original of which is in my office.

________________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #9 2008 Road Maintenance Agreement with Oakland County

Tom Trice, Public Works Director, made the presentation. This is an annual agreement with Oakland County to allow Bloomfield Township to maintain its own roads. The agreement represents a 1.4 percent increase in cost, based on gasoline taxes.

A copy of the 2008 Road Maintenance Agreement is on file in the Clerk’s office.

MOTION by Buckley and SUPPORT by Devine to APPROVE the 2008 Maintenance Agreement between the Charter Township of Bloomfield and the Oakland County Road Commission (RCOC).

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

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 the 14th day of January 2008, the original of which is in my office.

________________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #10 Alliance of Rouge Communities (ARC) Draft Resolution on NPDES Wastewater Discharge General Permit

The Michigan Department of Environmental Quality (MDEQ) recently made changes to the draft permit language of the Michigan NPDES Phase II Storm Water Watershed Permit. These changes will impose restrictions that do not apply to all communities and add additional costs due to increased required actions/activities.

The Alliance of Rouge Communities (ARC) is working to modify the existing document language and approval of the resolution will support these efforts.

MOTION by Roncelli and SUPPORT by Barnett to APPROVE the Resolution in Support of the Alliance of Rouge Communities (ARC) Comments on the Proposed NPDES Wastewater Discharge General Permit, No. MIG61000.

A RESOLUTION IN SUPPORT OF THE ALLIANCE OF ROUGE

COMMUNITIES (ARC) COMMENTS ON THE PROPOSED NPDES

WASTEWATER DISCHARGE GENERAL PERMIT, No. MIG61000.

WHEREAS the Michigan Department of Environmental Quality (MDEQ) has proposed new watershed-based and jurisdictional storm water general permits which regulate storm water discharges from municipal separate storm sewer systems in compliance with the Federal Water Pollution Control Act; and

WHEREAS the proposed permit places new costly, cumbersome and prescriptive measures on communities and counties that will add to operating costs but will not allow ARC communities to continue their documented progress toward achieving water quality standards using the flexible practices incorporated to date; and

WHEREAS the proposed permit emphasizes extensive individual documentation and reporting rather than achieving measurable, watershed-wide improvements through innovative, cost-effective solutions with watershed partners; and

WHEREAS the proposed permit severely limits local control and decision-making that has been a guiding principle of the watershed permit while discouraging implementation of alternative, cost-effective approaches based on existing watershed conditions; and

WHEREAS many of the new requirements are time-consuming, expensive, and will not allow communities to focus their limited resources on documented water quality challenges; and

WHEREAS municipal government budgets across the state are strained and these added duties constitute mandates on City departments that cannot be financially absorbed.

NOW THEREFORE BE IT RESOLVED that the Charter Township of Bloomfield requests that the MDEQ and its Director allow flexible, yet enforceable permit requirements that will lead to improved water quality.

BE IT FURTHER RESOLVED that the MDEQ and its Director institute water quality control measures that target the water quality challenges at a given location.

BE IT FURTHER RESOLVED that the MDEQ re-institute the existing Storm Water Pollution Prevention Initiative (SWPPI) process that allowed the MDEQ sufficient oversight and control to assure that all communities were making progress.

BE IT FURTHER RESOLVED that the MDEQ return to a permit that allows sufficient flexibility to permit the state’s watersheds to identify their most pressing issues and to address them.

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

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 the 14th day of January 2008, the original of which is in my office.

 

ITEM #11 Comcast Channel Line-Up Resolution & Possible Litigation

Leslie Helwig, Community Relations Director, made the presentation.

The resolution requests that Comcast keep its Public, Educational and Government (PEG) channels in their current locations. Comcast wants to move these channels to the 900 range so they can put several channels on the bandwidth, which currently houses the PEG channels. If this change were to happen, households that only have basic service would need new equipment to receive these channels. Other communities have adopted similar resolutions.

On January 10, 2008, Meridian Township and the City of Dearborn filed a request for a Temporary Restraining Order (TRO) in a Detroit Federal Court. If a TRO were granted, the next step would be to seek a permanent order to stop Comcast’s move. Attorney Hampton advised the Board to wait for the Judge’s ruling and then his office would make a recommendation.

MOTION by Devine and SUPPORT by Jamian to ADOPT the Resolution; SUPPORT Meridian Township and the City of Dearborn; and ACCEPT the Recommendation of Secrest Wardle and review the Subject at the Next Board Meeting on January 28, 2008.

CHARTER TOWNSHIP OF BLOOMFIELD

RESOLUTION REQUESTING PRESERVATION OF EXISTING CHANNEL LOCATIONS FOR PUBLIC, GOVERNMENTAL AND EDUCATIONAL

ACCESS CHANNELS, ALSO KNOWN AS PEG

At a meeting of the Township Board of Trustees of the Charter Township of Bloomfield, Oakland County, Michigan, held on the 14th day of January 2008, at the Township Hall, 4200 Telegraph Road, Bloomfield Township, Michigan 48302.

WHEREAS, Comcast Corporation, hereinafter referred to as "Comcast," is among the companies that furnish or will be furnishing cable television subscriptions to residential customers; and,

WHEREAS, the Charter Township of Bloomfield and other governmental entities have committed substantial resources to deliver programming on governmental and educational access channels, also known as PEG; and

WHEREAS, Comcast has indicated that it intends to change the channel lineup and location of the public, educational and governmental access channels (PEG) from present locations, where they have been situated for many years, to the channel lineup in the 900s, which will require customers to have a digital converter set-top box, a cable card or a QAM* capable television; and

WHEREAS, the result would be added costs, inconvenience, and confusion with respect to viewers who intend to view educational and governmental access channels; and

WHEREAS, since Comcast’s announcement, many concerned residents have contacted the township in opposition to the news that Comcast intends to change the location of PEG channels and require customers to have a digital converter box to receive the channels;

NOW, THEREFORE, BE IT RESOLVED BY THE BLOOMFIELD TOWNSHIP BOARD OF TRUSTEES THAT:

1. Comcast is requested to preserve the channel locations for public, educational and governmental access channels (PEG) and agree that they will not be changed in the future without the written consent of the township and/or governmental entity or entities which provide programming on such channels; and

2. The Township requests that Comcast respond to the questions posed by the Michigan Chapter of the National Association of Telecommunications Officers and Advisors in its letter dated November 2007 addressing operational and legal issues related to Comcast’s actions; and

3. The Township requests that Public Act 480 of 2006 be immediately amended to require that public, educational and governmental access channels remain at the current locations and that the same not be subject to change unless the written consent of the affected governmental entity providing the programming is obtained and that the Act be further modified in order to require the new providers of cable and video services furnish public, educational and governmental access channel lineups and selections that are consistent with existing providers, as of January 1, 2007, with respect to channel locations, ease of access, availability of features, quality parameters, and similarity of surrounding channels.

This Resolution is deemed severable and should any provisions, clause, word or sentence be deemed unenforceable, the remainder shall remain in full force and effect.

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

NAYS: None

RESOLUTION DECLARED ADOPTED.

STATE OF MICHIGAN )

)ss

COUNTY OF OAKLAND)

I, JANET M. RONCELLI, the duly qualified and acting Clerk of the Charter Township of Bloomfield, Oakland County, Michigan, do hereby certify that the foregoing is a true and complete copy of a Resolution adopted by the Township Board of Trustees of the Charter Township of Bloomfield at a duly called meeting held on the 14th day of January, 2008, the original of which is on file in my office.

IN WITNESS WHEREOF, I have hereunto affixed my official signature this 23rd day of January 2008.

________________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #12 Construction Code Board of Appeals Reappointment – Charles Taylor (Renew until January 22, 2013)

MOTION by Roncelli and SUPPORT by Barnett to APPROVE the Reappointment of Charles Taylor to the Construction Code Board of Appeals with Term to Expire January 22, 2013.

RESOLUTION

BE IT RESOLVED to reappoint to the Construction Code Board of Appeals the following person with a term expiring January 22, 2013:

Charles Taylor

Mechanical Contractor

VE Electric

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

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 the 14th day of January 2008, the original of which is in my office.

________________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #13 Electrical Examining and Appeals Board Reappointment – Ron White (Renew until January 22, 2013)

MOTION by Savoie and SUPPORT by Barnett to APPROVE the Reappointment of Ron White to the Electrical Examining and Appeals Board with Term to Expire January 22, 2013.

RESOLUTION

BE IT RESOLVED to appoint to the Electrical Examining and Appeals Board the following person with a term expiring January 22, 2013:

Ron White

Electrical Contractor

R.D. White Co.

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

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 the 14th day of January 2008, the original of which is in my office.

________________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #14 West Hills Middle School Park Resolution

Supervisor Payne reminded the Board that on September 24, 2007, students from West Hills Middle School made a presentation for a park in Bloomfield Township. In December, these same students sent a letter to Board members asking for support of the park plan and fundraising efforts.

MOTION by Jamian and SUPPORT by Buckley to SUPPORT the West Hills Park Planners in their Park Plan and Fundraising Efforts.

RESOLUTION FOR WEST HILLS PARK PLANNERS

WHEREAS, the West Hills Park Planners, West Hills Middle School, appeared before the Bloomfield Township Board of Trustees on Monday, September 24, 2007; and

WHEREAS, the West Hills Park Planners proposed a community park to be located on the grounds of the Gary M. Doyle Center at 14 Mile Road and Wing Lake Road; and

WHEREAS, the Bloomfield Township Board of Trustees received the idea with enthusiasm and placed the Bloomfield Township Public Park concept as presented under advisement for future consideration; and

WHEREAS, the West Hills Planners recently contacted the Bloomfield Township Board of Trustees on December 14, 2007 regarding approval of the plan.

BE IT RESOLVED that the Bloomfield Township Board of Trustees approves of the land use suggested and encourages the students to seek individual and group donors, raise money, and publicize the project to the Bloomfield Township residents.

BE IT FURTHER RESOLVED that the Bloomfield Township Board of Trustees welcomes the opportunity to provide guidance in obtaining permits and licenses for raffles, auctions, and any special events that might be held off school property.

FINALLY, BE IT RESOLVED that the Bloomfield Township Board of Trustees advocates cooperation in developing this project with Bloomfield Township, the Bloomfield Hills School District and various public and private educational institutions in Bloomfield Township to serve the best interests of the community.

AYES: Barnett, Buckley, Devine, Jamian, Pay