Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
Study Session
February 27, 2008

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

Also Present: Attorney William Hampton, Secrest Wardle, Attorney Beth Kudla, Secrest Wardle, Attorney Doug Poland, McShane & Bowie, P.L.C., Craig Schubiner, Coventry II DDR Harbor Bloomfield Phase 1 LLC

Bloomfield Township Department Heads and Jason Theis, Deputy Finance Director

Review of the 2008-2009 Budget –

Supervisor Payne and Ray Perkins, Finance Director, presented the budget review. Revenues are not quite as conservative as in past years. The Professional Golfers Association (PGA) will incur added costs for the Township, but this expense will be reimbursed. Life and health insurance for active employees remains stable, but will increase for retirees this year due to the number of Fire Department personnel who will be retiring. Also, the amounts that retirees are required to pay for health care will change in future years.

The Clerk’s Office will experience increased expenses this year with the 2008 elections and the addition of one employee pending a retirement within the department.

In the 48th District Court, Township prosecuting fees decreased because of a change in attorneys. As the landlord of the 48th District Court, the Township collects court revenue, but pays for 45 percent of the caseloads.

The Road Department will replace two aged trucks and a street sweeper. The issue of salt was also reviewed. Tom Trice, Public Works Director, stated that the Township’s salt quantity was still adequate with 1000 tons. The price will remain stable this year and most likely increase next winter. Extra asphalt will be needed this spring/summer for pothole repairs due to road damage from the snow removal.

In the Fire Department, there are 18 employees instead of 20 and it is anticipated that six employees will retire this year. Chief Chartier stated that they are waiting for the new contract to be signed before hiring additional staff. A self-contained breathing apparatus will be purchased, but a grant will assist with the expense.

The Building Department has projects, which should maintain the permit structure, and the PGA will increase building permits for the department this year.

Community Cable franchise and PEG fees should stay the same and even, possibly, grow. The fund balance for this department has been allowed to increase in the event franchise fees cease. Also, one person has been hired in the department.

The Water and Sewer Fund reported a 27 percent increase from Detroit Water & Sewer Department. While two bonds were closed for the Water & Sewer Capital Improvement, permit requirements for the CSO basin will increase $200,000.00. Water debt payments must be made and the Board will need to decide if residents will be billed at a $0.23 consumption rate or an $8.00 flat rate per quarter.

The Improvement and Revolving Fund is an extension of the General Fund and money is transferred to it. The Gypsy Moth, mosquito, storm sewers and beautification projects are some expenses that utilize this fund.

The Senior Services Department highlighted its budget based on the Capital Building Program and Adult Day Services.

A balanced budget was presented to the Trustees.

Bloomfield Park Final Site Plan –

Attorney Hampton stated that, as a reminder, the rezoning request for Bloomfield Park was approved at the Board meeting on Monday (2-25-08) night, but the site plan had been tabled. He advised that a meeting had been held on Tuesday, February 26, 2008, between the developer and the Township in hopes of revising the development agreement so as to be acceptable to both parties.

The Golf Drive easement was the main focus of the meeting. Attorney Hampton advised that an emergency access easement for this road has been filed with the County. However, the developer has not been able to get the current owner (Midwestern Baptist College) to change the access from emergency to public. The Golf Drive easement is an integral aspect of the traffic study presented to the Board by the developer’s traffic consultant. Discussion ensued that if a public easement could not be obtained then, perhaps, the traffic mitigation plan should not be approved. Attorney Poland stated that while the developer is willing to use reasonable effort to obtain the easement, he is not obligated to provide it as part of site plan approval. Poland added that while the study demonstrated the relief that would be acquired by cross access, it was not part of the traffic mitigation plan, which was approved by the Michigan Department of Transportation (MDOT). Clerk Roncelli stated that the letter from MDOT does recommend that the developer investigate the cross access and alternate access point issues to alleviate traffic impact generated by the development.

The developer and the Township reviewed alternatives for greater access, such as using another part of the college property – further east or south and/or the possibility of the City of Pontiac selling the municipal golf course.

Attorney Hampton recommended that the Board consider five decisions:

Trustee Savoie made a motion to table the Bloomfield Park final site plan, but withdrew it to allow Attorney Hampton, Attorney Kudla, Attorney Poland and Schubiner to leave the room and discuss further wording of the development agreement. When they returned, Attorney Hampton recommended the following motion be made by the Bloomfield Township Board of Trustees:

Over the objection of the developer, paragraph C1 of the development agreement is amended to add the word, "shall" and delete the phrase, "agrees to use good faith, commercially reasonable efforts to" as Number One.

Number Two: The site plan is approved conditioned upon execution of the development agreement and that the Supervisor is authorized to sign the development agreement on behalf of the Township.

Number Three: No building permits shall be issued until the developer executes the development agreement and delivers it to the Township. The developer will submit to the Township Building Department their application and plans so that during the period of time in which they are attempting to acquire this easement the Township Departments and consultants will be reviewing their plans which are submitted in order to obtain building permits. The developer shall pay all required fees customarily charged for the review by both the Township employees as well as outside consultants who routinely approve applications for building permits.

Paragraph 6 on page 5 is revised so as to strike the words, "the developer’s ability to do so" and add the words, "the developer’s obligation to do so is limited to constructing the improvement at the then prevailing standard construction industry costs…"

MOTION by Barnett and SUPPORT by Savoie to APPROVE the recommended motion by Attorney Hampton.

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