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
W HEREAS, 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 |