Board of Trustee Minutes
CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, APRIL 28, 2008
PRESENT: Barnett, Buckley, Devine, Jamian, Payne, Roncelli,
Savoie
Also present, Attorney Mark Roberts
ABSENT: None
Supervisor Payne welcomed the public and led the Pledge of
Allegiance.
ITEM #1 Approved Board Minutes of April 14, 2008
ITEM #2 Approve Auction License for St. Regis (May 3,
2008)
The Clerk’s office has received an application from St.
Regis Catholic Church for an auction to be held May 3, 2008.
The applicant also submitted an inventory list and surety bond
for $18,800.00.
MOTION by Barnett and SUPPORT by Jamian to APPROVE the
Auction License for St. Regis for May 3, 2008.
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 April 28, 2008.
__________________________
JANET M. RONCELLI
TOWNSHIP CLERK
ITEM #3 Capital Building Program – Construction
Contracts (Senior Center – Pkg #2C) (DPW Buildings/North
Parking Lot – Pkg #1A)
Tom Marschesano, Program Manager, Capital Building Program,
and Dennis Smith, Project Manager, George W. Auch Company,
made the presentation to award the third portion of the second
bid package for the Senior Center/Police Parking Lot and the
first portion of the first bid package for the DPW
Buildings/North Parking Lot. They recommended award of the
contracts to the following contractors:
Senior Center/Police Parking Lot
Simone Contracting Corporation – Concrete
State-Wide Caulking Company Inc. – Joint
Sealants
Boston Tile & Terrazzo Company – Ceramic
Tile
Floorcraft Floor Covering, Inc. – Flooring
Seven Brothers Painting – Performance
Coatings
International Building Products, Inc. –
Tackboards
Angers Equipment Company – Metal Toilet
Partitions
Angers Equipment Company – Metal Lockers
Urban’s Partition & Remodeling Co. –
Operable Walls
Angers Equipment Company – Toilet
Accessories
Crawford Door Sales – Doors
Rocket Enterprise Inc. – Flag Poles
Progressive Plumbing Supply – Projection
Screens
DPW Buildings/North Parking Lot
D&R Earthmoving – Site Work & Utilities
Peterson Contractors Inc. – Rammed Aggregate
Pier Soil Reinforcement
E.L.S. Construction, Inc. – Footings &
Foundations
Valley Steel Company – Structural Steel
B.G. White Construction Company –
Pre-Engineered Steel Building
MOTION by Savoie and SUPPORT by Buckley to AWARD the
Construction Contracts for the Senior Center/Police Parking
Lot (Package #2C).
MOTION by Savoie and SUPPORT by Barnett to AWARD the
Construction Contracts for the DPW Buildings/North Parking Lot
(Package #1A).
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 April 28, 2008.
__________________________
JANET M. RONCELLI
TOWNSHIP CLERK
ITEM #4 2007 Class "C" Liquor License Report
Police Captain Scott McCanham made the presentation. He
advised the Board that officers had observed the operations of
the businesses currently holding Class "C" Liquor Licenses in
the Township and there were no violations at any of the
establishments.
A complete copy of the 2007 Class "C" Liquor License Report
is available in the Clerk’s Office.
MOTION by Barnett and SUPPORT by Jamian to ACCEPT the 2007
Class "C" Liquor License Report.
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 April 28, 2008.
__________________________
JANET M. RONCELLI
TOWNSHIP CLERK
ITEM #5 Proposed Safety Path Millage Ballot Language
This will be the third time that the safety path millage
proposal will go before the voters for approval. The Board
agreed that placing brackets in the first sentence before
"which" and after "years" would make it less confusing.
MOTION by Jamian and SUPPORT by Devine to APPROVE the
Placement of the Brackets and the Language for the Safety Path
Millage Renewal.
SAFETY PATH MILLAGE RENEWAL
Shall the Charter Township of Bloomfield be authorized to
renew the Safety Path Millage [which was approved on August 3,
2004 for up to 0.53 of one mill for a period of five (5)
years] for an additional five (5) years commencing with the
December 2009 levy, to fund a safety path program, including
construction and maintenance of safety path and the
acquisition of rights-of-way for such purpose? The original
levy which was approved in 1998 and renewed in 2004 was 0.53
of one mill and the existing millage rate is 0.4839 mills as a
result of the Headlee Rollback. Approval of this proposal
would permit a tax limitation levy of .4839 per $1,000.00 of
taxable value on all taxable property in the Township. It is
estimated that this proposal would result in the authorization
to collect $1,910,562.00 in the first year if approved and
fully levied.
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 April 28, 2008.
__________________________
JANET M. RONCELLI
TOWNSHIP CLERK
ITEM #6 Contractor Insurance Policy & Indemnity
Requirements Resolution
This resolution would allow the Township to require a
uniform set of standards for insurance and indemnity
requirements to be met by each independent contractor. Trustee
Jamian voiced his concern regarding which type of insurance
should be required by the Township – claims or occurrence
coverage. The Board agreed that the Township attorney should
verify what are the standard and customary insurance
requirements.
MOTION by Buckley and SUPPORT by Jamian to TABLE the
Contractor Insurance Policy & Indemnity Requirements
Resolution until Further Examination by the Township Attorney.
Resolution Establishing Insurance Policy and Indemnity
Requirements for a Party Entering into a Contract to Provide
Services to or on Behalf of the Township
WHEREAS, the Townships Act and the Charter Townships Act
authorize the Township to enter into contracts necessary and
convenient for the exercise of its corporate powers.
WHEREAS, the Township desires to adopt standardized
insurance policy guidelines and indemnity requirements for
protection of the Township, its agents, officials and
employees from liability for damages caused by acts and/or
omissions of contractors hired by the Township to provide
services to, or on behalf of, the Township.
WHEREAS, the services subject to this Resolution shall
include, but are not limited to professional or consulting
services and contracts for construction of improvements.
WHEREAS, said policy limits and indemnity clauses may need
to be modified, in some cases, to reasonably reflect the
limits and types of damages that may be incurred in connection
with a particular activity;
WHEREAS, the types of policies or coverage required may
need to be modified, in some cases, to reasonably cover the
types of liability that may apply to a particular type of
contractor or activity.
NOW, THEREFORE BE IT RESOLVED, that the Township Board of
the Charter Township of Bloomfield hereby ratifies the
proposed insurance policy and indemnity requirements to be
applied at the time the Township, enters into a contract for
services to be provided to or on behalf of the Township as
follows:
Professional Liability/Errors and Omissions Coverage,
when applicable, as determined by the Township, in the
minimum amount of one million ($1,000,000) Dollars, per
occurrence and two million ($2,000,000) Dollars aggregate.
Commercial General Liability policy in the minimum
amount of one million ($1,000,000) dollars combined single
limit per occurrence and aggregate, including contractual
liability.
Comprehensive Automobile Liability policy to cover
bodily injury and property damage arising out of
ownership, maintenance or use of any motor vehicle owned,
non-owned or hired vehicles in the minimum amount of one
million ($1,000,000) dollars combined single limit per
occurrence. No fault coverage complying with the statutory
requirements of the State of Michigan is also required.
Workers’ Compensation Insurance including Employer’s
Liability to cover employee injuries or disease
compensable under the Workers’ Compensation statutes of
the State of Michigan Employee’s liability coverage shall
be in the minimum amount of Five Hundred Thousand
($500,000) Dollars per occurrence.
BE IT FURTHER RESOLVED THAT the following additional
requirements be addressed with respect to liability insurance
policies:
The insurance certificates shall provide that the
Township is named as an additional insured and shall be
notified upon discontinuance or alteration of any such
insurance coverage for any reason.
Such insurance certificates minimum insurance
protection amounts may be increased or decreased in
amounts as set by resolution of the Township Board.
The policies of insurance underlying the certificates
shall provide for continuing liability under the policies
to the full amount of the policies, notwithstanding any
recovery under the policies, and that the insolvency or
bankruptcy of the insured shall not release the company.
The policies of insurance underlying the certificates
shall further provide that it shall not be cancelled,
surrendered or revoked by either party except after ten
(10) days' written notice to the Township, furnished by
the insurance company issuing the policy.
The coverage to of the Township shall be primary and
non-contributory.
Prior to finalizing any contract for services, the
Township shall be provided and shall review the insurance
certificate for compliance with this Resolution.
BE IT FURTHER RESOLVED THAT contracts for services to be
provided to or on behalf of the Township shall contain the
following language, which may be modified only upon the review
and approval of the Township Attorney:
The Consultant/Contractor shall agree to indemnify,
defend, and hold harmless the Township and the Township’s
agents, officials, and employees, from and against any and
all claims, loss, liability, damages, costs, and expenses,
including, but not limited to, all reasonable fees and
charges of attorneys, and other professional services, and
other time and expenses incurred by the Township using its
own staff and all court or other dispute resolution costs,
that arise out of and to the extent caused by the
negligent acts, errors or omissions of the
Consultant/Contractor, its agent, subcontractors, or
employees, regardless of whether or not such claim, loss,
liability, damage, cost, or expense is caused or
contributed to, in part, by a party indemnified in the
contract.
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 April 28, 2008.
__________________________
JANET M. RONCELLI
TOWNSHIP CLERK
ITEM #7 Introduction of Ordinance 595, Precious Metal &
Gem Dealers Ordinance Amendment
Police Captain Scott McCanham made the presentation. The
police department has received numerous inquiries from gem
dealers and residents regarding Township requirements for a
"Gold Party." This amendment, which includes an application,
would enable the Township to monitor these parties on a local
level. The amendment mirrors state law and is, in effect,
adopting it. Attorney Roberts advised the Board that,
currently, there is no regulation for this type of activity in
the Township.
The Board agreed that the following changes should be made
to the ordinance and application:
Ordinance Changes – Section 1 (a) - Delete, "…not
conducting regular business in the Township, but….". Add,
"Each dealer is limited to two (2) 24-hour certificates of
registration per calendar year".
Application Changes – Add – 1) Gem Dealer License Number 2)
Expected Number of People Attending Event 3) Statement
regarding Code of Ordinances Regulations for Signage.
MOTION by Barnett and SUPPORT by Jamian to ACCEPT the
Introduction of Ordinance 595, Precious Metal and Gem Dealers
Amendment with the Above Changes.
STATE OF MICHIGAN
COUNTY OF OAKLAND
CHARTER TOWNSHIP OF BLOOMFIELD
ORDINANCE NO. 595
AMENDMENT TO PRECIOUS METAL AND GEM DEALERS
ORDINANCE
AN ORDINANCE TO AMEND CHAPTER 28, PRECIOUS
METAL
AND GEM DEALERS, TO ALLOW FOR THE ISSUANCE
OF
A 24-HOUR CERTIFICATE OF REGISTRATION.
THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS AS FOLLOWS:
Section 1 of Ordinance
Chapter 28, Precious Metal and Gem Dealers, is hereby
amended to add Section 28-7 as follows:
Sec. 28-7. 24-Hour Certificate of Registration
A dealer seeking to conduct business in the Township
for a single event at a single-family residence not
owned or controlled by the dealer, shall apply to the
police department for a 24-hour certificate of
registration, and pay a fee not to exceed $25.00 to
cover the reasonable cost of processing and issuing the
certificate of registration. Each dealer is limited to
two (2) 24-hour certificates of registration per
calendar year.
Except as otherwise addressed in this Section, a
dealer requesting a 24-hour certificate of registration
shall comply with the application requirements of
Section 28-4, as modified by the following:
(1) The dealer is not required to submit proof of
proper zoning or other special exception permits.
(2) The dealer shall identify the address of the
location where the event will take place and shall
submit proof of authorization from the property
owner of the property at which the event is to take
place.
(3) The dealer shall identify the specific date
and hours when the event will take place.
A dealer requesting a 24-hour certificate of
registration shall comply with all other requirements of
Chapter 28.
Section 2 of Ordinance
Except as amended in this Ordinance, Chapter 28 of the Code
of Ordinances of the Charter Township of Bloomfield shall
remain in full force and effect.
Section 3 of Ordinance
If any provision of this Ordinance is held invalid, the
invalidity does not affect other provisions that can be given
effect without the invalid provision. All proceedings pending
and all rights and liabilities existing, acquired or incurred
at the time this Ordinance takes effect are saved and may be
consummated according to the law when they were commenced.
Section 4 of Ordinance
A summary of this Ordinance shall be published in
accordance with the Charter Township of Bloomfield and this
Ordinance shall become effective immediately upon publication
in the manner prescribed by law.
CERTIFICATION
It is certified that the foregoing Ordinance was duly
adopted by the Township Board of the Charter Township of
Bloomfield at a meeting duly called and held on the ___ day of
_____________, 2008.
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 April 28, 2008.
__________________________
JANET M. RONCELLI
TOWNSHIP CLERK
ITEM #8 Approve Payroll & Vouchers
MOTION by Savoie and SUPPORT by Barnett to Approve Payroll
and Vouchers for 4/28/08, A003131 - A003158; B020476 -
B020647; and E002669 - E002682 totaling $6,529,345.03.
ITEM #9 Public Comment
The Board acknowledged two boy scouts from Troop 1022.
Supervisor Payne read a proclamation honoring Clerk
Roncelli and all Municipal Clerks for the services they
perform. The Board proclaimed May 4 – 10, 2008, Municipal
Clerks Week.
INCLUDED IN BOARD PACKET: Changes to Zoning & Planning Act
– Secrest Wardle Letter
Quarterly Investment Report – Quarter ending 3/31/08
Oakland County Board of Commissioner Resolution – Support
for the "Stopped" Program
Michigan Department of State Press Release – Protecting
Voter Privacy
Fire Dept Monthly Report – February 2008
Meeting adjourned at 9:20 p.m.
Per the Michigan Township Association Record Retention
General Schedule #10, MCL 399.5, the audio recordings of Board
minutes will be destroyed upon approval of the written minutes
of the meeting to which the tapes refer.
____________________________________
Janet M. Roncelli, Bloomfield Township Clerk
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