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Government > Minutes

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

Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, 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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Charter Township of Bloomfield
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P.O. Box 489
Bloomfield Hills, MI 48303-0489
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