Board of Trustee Minutes
CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, MAY 12, 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 Approved Board Minutes of April 28, 2008
ITEM #2 Capital Building Program – Construction
Contracts (Senior Center and Police Parking Lot - Pkg #2D) (DPW
Buildings/North Parking Lot – Pkg #1B)
Presentation was made to award the fourth portion of the
second bid package for the Senior Center/Police Parking Lot
and the second portion of the first bid package for the DPW
Buildings/North Parking Lot. It was recommended that award of
the contracts be made to the following contractors:
Senior Center/Police Parking Lot
J.L. Geisler Corporation - Signage
DPW Buildings/North Parking Lot
Nagle Paving Co. – Asphalt & Site Concrete
Charles F. Irish Co. Inc. – Landscaping
Motor City Fence Co. - Fencing
MOTION by Jamian and SUPPORT by Barnett to AWARD the
Construction Contracts for the Senior Center/Police Parking
Lot (Package #2D) and the DPW Buildings/North Parking Lot
(Package #1B).
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 May 12, 2008.
____________________________
Janet M. Roncelli, CMC
Bloomfield Township Clerk
ITEM #3 Eagle Scout Proclamation
Fire Marshall Mike McCully introduced John Deighton, the
scouts in the audience and the project. McCully presented a
plaque from the Bloomfield Township Fire Department to John
for his accomplishment. Next, the Board of Trustees recognized
John’s many accomplishments in the following proclamation:
BLOOMFIELD TOWNSHIP RESOLUTION
John Deighton, EAGLE SCOUT
WHEREAS, it has come to our attention that John Deighton
has completed the requirements for the highest Boy Scout
award, the rank of EAGLE SCOUT; and
WHEREAS, to achieve EAGLE rank, a scout must earn at least
21 merit badges, complete a major community service project
and pass a board of review by a national scouting
representative; and
WHEREAS, John has earned 36 merit badges and served as
troop librarian and patrol leader; and
WHEREAS, John completed a major community service project
by supervising and participating in the installation of a
strip of reflective tape around 702 hydrants in Bloomfield
Township; and
WHEREAS, John completed the project over two weekends with
12 supply buckets and numerous volunteers; and
WHEREAS, the placement of the reflective tape helps make
Bloomfield Township a safer place to live by enabling the fire
department to quickly identify the hydrants during nighttime
responses.
NOW, THEREFORE BE IT RESOLVED that Bloomfield Township
recognizes the outstanding achievements of John Deighton. The
Board of Trustees and Township residents do hereby extend to
John our sincere CONGRATULATIONS.
BE IT FURTHER RESOLVED that we acknowledge John’s Eagle
Court of Honor that will be held on June 11, 2008.
Dated this 12th day of May 2008
____________________________
Janet M. Roncelli, CMC
Bloomfield Township Clerk
ITEM #4 PGA Championship Contract (and Resolution)
Between Bloomfield Township and the Oakland county Sheriff’s
Office
Deputy Chief Geof Gaudard made the presentation. The PGA
Championship contract between Bloomfield Township and the
Oakland County Sheriff’s Office is for the purpose of
providing County Sheriff services and assistance to the
Township for the PGA Championship scheduled for August 4 – 10,
2008. It is basically the same agreement as was used for the
Ryder Cup in 2004, except there has been a modest increase in
the insurance requirements.
MOTION by Jamian and SUPPORT by Barnett to APPROVE the PGA
Championship Contract and Resolution Between Bloomfield
Township and the Oakland County Sheriff’s Office.
RESOLUTION
WHEREAS, the Charter Township of Bloomfield Police
Department has requested the assistance of the Oakland County
Sheriff’s Office for law enforcement services during the PGA
Golf Championship; and
WHEREAS, the Township and the Oakland County Sheriff’s
Office desire to enter into a contract for the purpose of
providing County Sheriff services and assistance to the
Township in connection with the PGA Golf Championship
Tournament scheduled for August 4 through 10, 2008 at the
Oakland Hills Country Club; and
WHEREAS, the parties have negotiated a mutually acceptable
contract which is attached to this Resolution providing
compensation to the Oakland County Sheriff’s Office personnel
who provide law enforcement duties related to the safety and
security of the tournament participants.
NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:
1. That the Township Board hereby approves the proposed
Contract for Auxiliary Sheriff’s Deputy Services attached to
this Resolution including the compensation amounts as
specified in said Contract.
2. That the Township Board authorizes the Supervisor and
Clerk to sign the attached Contract.
AYES: Barnett, Buckley, Devine, Jamian, Payne, Roncelli,
Savoie
NAYS: None
RESOLUTION DECLARED ADOPTED.
STATE OF MICHIGAN )
) ss.
COUNTY OF OAKLAND )
I, Janet Roncelli, the duly qualified 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 Township Board of the Charter Township
of Bloomfield on the 12th day of May 2008, the original of
which is in my office.
____________________________
Janet M. Roncelli, CMC
Bloomfield Township Clerk
ITEM #5 Police Department 2007 Annual Report
Police Chief Kirt Bowden highlighted the achievements of
the Police Department in 2007 for the Board.
ITEM #6 Consider Adoption of Ordinance 595, Precious
Metal & Gem Dealers Amendment and Resolution
MOTION by Devine and SUPPORT by Barnett to ADOPT Ordinance
595, Precious Metal & Gem Dealers Amendment.
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.
AYES: Barnett, Buckley, Devine, Jamian, Payne, Roncelli,
Savoie
NAYS: None
ORDINANCE 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 an
ordinance adopted by the Board at their regular meeting held
on May 12, 2008.
____________________________
Janet M. Roncelli, CMC
Bloomfield Township Clerk
MOTION by Barnett and SUPPORT by Buckley to APPROVE the
Resolution for Ordinance 595.
RESOLUTION SETTING GEM DEALER FEES
WHEREAS, the Bloomfield Township Precious Metals and Gem
Dealers Ordinance, Chapter 28 of the Bloomfield Township Code
of Ordinances, requires Gem Dealers to pay fees for
registration with the Township, and fees for annual renewal of
licenses; and
WHEREAS, the Township Board has adopted a schedule of
license/registration fees pursuant to the Ordinance; and
WHEREAS, the Township Board desires to adopt this
Resolution to update certain fees to an amount that reflects
costs incurred by the Township for processing registration and
license renewal,
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Bloomfield
Township Board of Trustees does hereby adopt the rate and fee
schedule attached hereto as Schedule A, effective May 12,
2008.
SCHEDULE A
Fee Schedule
Application and license fee for 1-year: $50.00 per each
licensed establishment.
Renewal fee for 1-year and each successive 1-year period:
$25.00 per each licensed establishment.
Application and license fee for 24-hour Certificate of
Registration: $25.00 per each single event location.
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 May 12, 2008.
____________________________
Janet M. Roncelli, CMC
Bloomfield Township Clerk
ITEM #7 Introduction of Ordinance 596, Add Residential
Retaining Wall and Swimming Pool Fence Regulations (Zoning
amendment) and 597, Buildings and Building Regulations to
Amend the Swimming Pool Fence Regulations
MOTION by Barnett and SUPPORT by Savoie to ACCEPT the
Introduction of Ordinance 596, Add Residential Retaining Wall
and Swimming Pool Fence Regulations (Zoning Amendment) AND
Ordinance 597, Buildings and Building Regulations to Amend the
Swimming Pool Fence Regulations.
CHARTER TOWNSHIP OF BLOOMFIELD
COUNTY OF OAKLAND
STATE OF MICHIGAN
ORDINANCE NO._596
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
OF BLOOMFIELD TOWNSHIP, CHAPTER 42, ZONING TO ADD RESIDENTIAL
RETAINING WALL AND SWIMMING POOL FENCE REGULATIONS
THE TOWNSHIP OF BLOOMFIELD ORDAINS:
Section 1 Article I, In General, Section 42-3 Definitions,
of the Bloomfield Charter Township Code, is hereby amended to
read as follows:
Retaining Wall – A wall built to retain a mass of earth,
and designed to resist lateral soil loads and surcharge loads.
Landscape materials installed for the purpose of defining
landscape-planting beds are excluded.
Section 2. Article IV, Supplementary Regulations, Section
42-566 residential fence regulations, of the Bloomfield
Charter Township Code, is hereby amended to read as follows:
Sec. 42-566. Residential fence and retaining wall
regulations.
Fences and retaining walls are permitted, or required
subject to the following:
(1) Fences on all lots of record in all residential
districts which enclose property and/or are within a required
side or rear yard, shall not exceed four feet in height,
measured from the surface of the ground, and shall not extend
to the front of the lot nearer than the front of the house.
Those side yards that have a common street line with front
yards on the same block shall be treated as front yards and
shall not have a fence constructed within the minimum setback
of 40 feet.
(2) Fences on all lots of record in all residential
districts which serve as architectural or decorative
landscaping, and are not used to enclose property, may be
erected in any rear yard and in those areas of a front or side
yard which exceed the minimum requirements as specified in
section 42-527, subject to approval of the board of appeals.
(3) Architectural fences shall be attached to the principal
use structure and shall, when placed in the side or front yard
be of the same material which makes up the major portion of
that facade to which attached.
(4) Decorative landscaping fences may be freestanding and
may be used to obscure a private area from view from beyond
the lot line. If used in this manner they shall not be
continuous so as to enclose more than 50 percent of the lineal
length of any yard. The height of said fence shall not exceed
four feet, measured from the surface of the ground.
(5) Fences on lots of record shall not contain barbed wire,
electric current or charge of electricity.
(6) Fences which enclose public or institutional parks,
playgrounds, or public landscaped areas, situated within an
area developed with recorded lots shall not exceed eight feet
in height, measured from the surface of the ground, and shall
not obstruct vision to an extent greater than 25 percent of
their total area.
(7) The board of appeals may, upon application by the
property owner, modify the height of the fence, which is
intended to enclose property, and is within a required yard,
subject to the following conditions, to-wit:
a. The height shall in no instance exceed six feet,
measured from the surface of the ground;
b. The modification shall not obstruct the light and
air of any neighboring residence;
c. The modified fence shall not be built in any side
yard (see definition in section 42-3);
d. The modified fence shall be required to offer
privacy for a patio, terrace or similar private areas, and
act as a protective barrier for a swimming pool as
required in section 10-228.
(8) The board of appeals shall be furnished with
photographs clearly portraying the area to be fenced, as well
as the abutting properties affected.
(9) In those instances wherein a one-family residential lot
has a front, side or rear yard relationship with a major
thoroughfare, the board of appeals may permit the construction
of a wall along the major thoroughfare when the following
conditions are met:
a. The wall shall be located along the common line
formed by the lot line and the major thoroughfare
right-of-way as defined on the county major thoroughfare
plan.
b. The wall height shall be established by the board
of appeals and in no instance shall it be greater than six
feet in height, as measured from the adjacent centerline
elevation of the road.
c. The wall shall be constructed of a permanent
material similar to that used on the exterior wall of the
house it obscures from the road, and shall be compatible
with adjacent houses, in both material used and in color.
d. The wall shall be designed so as to enable
convenient extension and continuity along the road
right-of-way and lot lines of adjacent residences.
e. The wall shall not penetrate a front or side yard
setback line created by a street intersecting said major
thoroughfare. This line shall be determined by extending
it parallel to the street to the point of intersection
with the major thoroughfare right-of-way.
f. Complete working drawings of the proposed wall as
to location, height, material and color shall be submitted
to the board of appeals for final approval prior to the
seeking of a building permit.
g. The board of appeals shall further make the
determination that a wall will not create any hazards with
reference to the obscuring of vision between residential
driveways and the intersecting thoroughfare.
(10) Retaining walls are permitted in residential districts
subject to the following:
a. The retaining walls shall not adversely impact
drainage conditions onto adjacent properties.
b. Retaining walls are prohibited in a designated
drainage course, easement, wetland or floodplain.
c. Retaining walls shall be designed in accordance with
the current edition of the building code. Based on the
scope of the project, sealed grading and/or site plans by
a licensed design professional may be required as
determined by the building official. if required, in
addition to wall locations, the plan shall contain a
typical section detail consisting of top and bottom of
wall elevations, the type of construction material being
used, the locations of drainage patterns, and the type and
locations for erosion control measures. A soil fill permit
may be required if the proposed retaining wall is not part
of a building permit application.
d. A landscape plan shall be submitted that identifies
the size and species of plantings to screen the retaining
walls. Retaining walls shall be screened with landscape
plantings to consist of at least 75% evergreen plantings.
e. The location of retaining walls shall conform with
the following specifications: (illus.)
i. If located less than eight (8) feet from a
property line, the wall shall not exceed two (2) feet in
height above the lowest adjacent grade level.
ii. If located more than eight (8) feet from a
property line, the wall shall not exceed four (4) feet
in height above the lowest adjacent grade level.
iii. Tiered walls having a horizontal separation of
less than eight (8) feet shall be reviewed as one (1)
wall, and shall not exceed four (4) feet in combined
height.
iv. Tiered walls having a horizontal separation of
eight (8) feet or more are permitted but may not exceed
four (4) feet in height individually.
v. The distance from each retaining wall is measured
from face of retaining wall to the face of the next
retaining wall.
f. Any retaining walls that are only visible from the
interior of the lot are excluded from these provisions.
(11) Fences for swimming pools shall be in compliance with
the provisions as specified in section 10-228.
Section 3. Repealer.
All Ordinances or parts of Ordinances in conflict herewith
are hereby repealed only to the extent necessary to give this
Ordinance full force and effect.
Section 4. Savings.
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 5. Severability.
If any section, clause or provision of this Ordinance shall
be declared to be unconstitutional, void, illegal or
ineffective by any Court of competent jurisdiction, such
section, clause or provision declared to be unconstitutional,
void or illegal shall thereby cease to be a part of this
Ordinance, but the remainder of this Ordinance shall stand and
be in full force and effect.
Section 6. Effective Date.
The provisions of this Ordinance are hereby ordered to take
effect immediately upon publication in the manner prescribed
by law.
Section 7. Adoption.
This Ordinance is hereby declared to have been adopted by
the Township Board of the Charter Township of Bloomfield at a
meeting thereof duly called and held on the ____ day of
__________, 2008, and ordered to be given publication in the
manner prescribed by law.
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 May 12, 2008.
____________________________
Janet M. Roncelli, CMC
Bloomfield Township Clerk
CHARTER TOWNSHIP OF BLOOMFIELD
COUNTY OF OAKLAND
STATE OF MICHIGAN
ORDINANCE NO._597
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
OF BLOOMFIELD TOWNSHIP, CHAPTER 10, BUILDINGS AND BUILDING
REGULATIONS, TO AMEND THE SWIMMING POOL FENCE REGULATIONS
THE TOWNSHIP OF BLOOMFIELD ORDAINS:
Section 1 Article VIII, Swimming pools, Section 10-228
Safety requirements and location of pools, of the Bloomfield
Charter Township Code, is hereby amended to read as follows:
Sec. 10-228. Safety requirements and location of pools.
For the protection of persons, all swimming pools, prior to
being filled and thereafter shall be completely enclosed by a
wall or fence four feet in height. Fences that are of "picket"
or "decorative" types shall be allowed to be a maximum of 54"
in height from the adjacent grade or walking surface. (see
illus.). A wall shall be of brick or masonry and a fence shall
be of the so-called chain link type or equivalent. All
openings in any such wall or fence shall be equipped with
gates, which can be securely locked; said gates shall be
locked when pool is unattended. During construction, a
temporary fence shall be placed around the area of
construction at all times. No swimming pool or any part
thereof shall be installed in any yard as defined in the
zoning ordinance except in the required rear yard and shall be
located not closer than 16 feet to the rear and side property
lines nor shall any swimming pool or part thereof be installed
within any public utility easement. Pools two feet or less in
depth are exempt from the wall and fence requirements.
Section 2. Repealer.
All Ordinances or parts of Ordinances in conflict herewith
are hereby repealed only to the extent necessary to give this
Ordinance full force and effect.
Section 3. Savings.
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. Severability.
If any section, clause or provision of this Ordinance shall
be declared to be unconstitutional, void, illegal or
ineffective by any Court of competent jurisdiction, such
section, clause or provision declared to be unconstitutional,
void or illegal shall thereby cease to be a part of this
Ordinance, but the remainder of this Ordinance shall stand and
be in full force and effect.
Section 5. Effective Date.
The provisions of this Ordinance are hereby ordered to take
effect immediately upon publication in the manner prescribed
by law.
Section 6. Adoption.
This Ordinance is hereby declared to have been adopted by
the Township Board of the Charter Township of Bloomfield at a
meeting thereof duly called and held on the ____ day of
__________, 2008, and ordered to be given publication in the
manner prescribed by law.
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 May 12, 2008.
____________________________
Janet M. Roncelli, CMC
Bloomfield Township Clerk
ITEM #8 Consider Approval of a Final Site Plan/Special
Use Permit for the Fox Hills Community Association Pool
Complex, Fox Hills Subdivision
The Fox Hills Subdivision Association applied for a special
use permit in June 2007 so that a swim club could utilize the
neighborhood pool. At that time, the Township Board approved a
one-year approval for the 2007 swim season. Pamela Gaboury,
Fox Hills Swim Team Parent Representative, spoke to the Board
regarding project concerns from last year.
It was recommended that the Board approve the special use
permit application, subject to the following conditions:
Ten-year approval for the Fox Hills Swim Club with
annual payment of the permit fee subject to compliance
with all conditions of approval.
New petition must be completed in 2009 (with new
signatures) which states approval of the permit will be
for nine additional years.
Adherence to the applicant’s revised submitted parking
policy to adequately address the increase in traffic and
parking demands during swim club events.
Allow the inclusion of a maximum of 15 nonresident
swimmers each year.
Comply with the Township Departmental comments and
adherence with all Police and Fire Department
requirements.
MOTION by Barnett and SUPPORT by Buckley to APPROVE the
Special Use Permit for the Fox Hills Swim Club Contingent Upon
the Five Conditions Noted Above.
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 May 12, 2008.
____________________________
Janet M. Roncelli, CMC
Bloomfield Township Clerk
ITEM #9 Agreement for Consultant Service – Log Cabin
Relocation Project – Hopkins Burns Design Studio
Mr. and Mrs. Hakim, 1504 Goddard Court, are attempting to
coordinate the removal of the historic log cabin located on
this parcel of land. Bloomfield Township has been working with
Preservation Bloomfield, Bloomfield Hills School District and
the property owners to assist in the relocation.
The Township contacted Gene Hopkins, FAIA, Hopkins Burns
Design Studio, to assess the condition of the log cabin
structure for the purpose of moving it to the Bowers School
Farm property. Hopkins has prepared a proposal for
professional services, which totals $40,014.00. If it is
determined that the roof and fireplace need to be replaced,
once the structure is moved, then the total would increase to
$48,830.00. The total project estimate prepared by Hopkins
ranges from $118,014.00 to $178,830.00.
There were three agreements prepared and found to be
satisfactory by the Township attorney and the Board agreed to
move forward with the project if the agreements are signed in
the following order:
An agreement by the Hakims to donate the log cabin to
Bloomfield Township and grant permission to move the
structure from the property. A commemorative plaque will
be put on display in acknowledgement of the gift.
An agreement that the Township will incur the initial
costs associated with the relocation project to be
reimbursed by Bloomfield Preservation, who will accept
responsibility for the cabin once it is moved.
An agreement for Consultant Services between Hopkins
Burns Design Studio and the Township.
MOTION by Jamian and SUPPORT by Buckley to AUTHORIZE Dave
Payne, Township Supervisor, to Sign Agreement #1.
MOTION by Barnett and SUPPORT by Roncelli to AUTHORIZE Dave
Payne, Township Supervisor, to Sign Agreement #2.
MOTION by Savoie and SUPPORT by Roncelli to AUTHORIZE Dave
Payne, Township Supervisor, to Sign Agreement #3.
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 May 12, 2008.
____________________________
Janet M. Roncelli, CMC
Bloomfield Township Clerk
ITEM #10 Award Contract for 2008 Safety Paths
Construction to complete the balance of the 2007 contract
for paths on Lahser Road, 14 Mile Road, Gilbert Lake Road and
Quarton Road will resume this month. Also, the removal and
reconstruction of the path on Long Lake Road from Andover Road
to the West Bloomfield Township border as well as new paths
constructed on Franklin Road, Telegraph Road, Square Lake
Road, Wing Lake Road, 14 Mile Road and Squirrel Road will
begin.
Bids for these projects were received on April 30, 2008. It
was recommended that award of the bid be given to Italia
Construction, Inc. whose bid of $1,243,755.00 was the lowest.
MOTION by Devine and SUPPORT by Buckley to AWARD the
Contract for the 2008 Safety Paths to Italia Construction,
Inc. in the amount of $1,243,755.00.
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 May 12, 2008.
____________________________
Janet M. Roncelli, CMC
Bloomfield Township Clerk
ITEM #11 Award Contract for 2008 Concrete Repair Program
The Concrete Repair Program consists of removing and
replacing sections of road, sidewalk and safety paths that are
in disrepair. For 2008, concrete road repair, as prioritized
by the Township’s Road Department, will occur in the
subdivisions of Adams Woods, Bloomfield Crossings, Bennington
Green and Wabeek Ridge. Sidewalk repairs are scheduled for
Bloomfield Village from Lahser Road to Covington Road and
Bradway Boulevard to Quarton Road.
Bids for this project were received on April 30, 2008. It
was recommended that award of the bid be given to Viking
Construction whose bid of $497,599.00 ($274,324.00 – road
repair, $223,275.00 – sidewalk repair) was the lowest.
MOTION by Barnett and SUPPORT by Buckley to AWARD the
Contract for the 2008 Concrete Repair Program to Viking
Construction in the amount of $497,599.00.
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 May 12, 2008.
____________________________
Janet M. Roncelli, CMC
Bloomfield Township Clerk
ITEM #12 Contractor Insurance Policy and Indemnity
Requirements Resolution (Revised)
MOTION by Buckley and SUPPORT by Roncelli to REMOVE the
Contractor Insurance Policy and Indemnity Requirements
Resolution from the Table.
MOTION by Barnett and SUPPORT by Jamian to APPROVE the
Revised Contractor Insurance Policy and Indemnity Requirements
Resolution.
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.
The coverage shall be written on an "occurrence basis"
and not a "claims-made basis."
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.
STATE OF MICHIGAN )
) ss.
COUNTY OF OAKLAND )
I, Janet Roncelli, the duly qualified 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 the Charter
Township of Bloomfield on the 12th day of May 2008, the
original of which is in my office.
____________________________
Janet M. Roncelli, CMC
Bloomfield Township Clerk
ITEM #13 Approve Resolution for RCOC’s Traffic Control
Order Nos. YS 113-3-74 Revision #1 and SS 572-03-08,
Installation of Stop and Yield Signs in Bloomfield’s Fox Hills
Subdivision
MOTION by Buckley and SUPPORT by Roncelli to APPROVE RCOC’s
Traffic Control Order Nos. YS 113-3-74 Revision #1 and SS
572-03-08.
RESOLUTION
WHEREAS, Oakland County has approved Traffic Control Order
Nos., YS 113-3-74, Revision #1 and SS 572-03-08; and
WHEREAS, the approval pertains to the installation of stop
and yield signs in Bloomfield’s Fox Hills Subdivision in
Bloomfield Township.
NOW THEREFORE BE IT RESOLVED that the Bloomfield Township
Board of Trustees approves the Traffic Control Order at this
location.
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 May 12, 2008.
____________________________
Janet M. Roncelli, CMC
Bloomfield Township Clerk
ITEM #14 Approve Payroll and Vouchers
MOTION by Roncelli and SUPPORT by Barnett to Approve
Payroll and Vouchers for 5/12/08, A003159 - A003193; B020648 -
B020817; and E002683 - E002693 totaling $1,286,545.60.
ITEM #15 Public Comment
Michelle Haw, 432 Weybridge Dr., and Dennis Scheiber, 524
Sedgefield Dr., spoke to the Board regarding agenda item #8.
TABLED ITEMS: Contractor Insurance Policy and Indemnity
Requirements Resolution
INCLUDED IN BOARD PACKET: Fire Department Monthly Report –
March 2008
Police Department Monthly Report – April 2008
Secrest Wardle Letter – Charter Township of Bloomfield v
Franklin Christian Preschool, et al Consent Judgment
Secrest Wardle Letter – Comcast Litigation Update
Capital Building Program – Financial Report
Meeting adjourned at 9:35 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, CMC
Bloomfield Township Clerk
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Bloomfield Hills, MI 48303-0489
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