Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, JULY 14, 2008

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

Also present, Attorney William Hampton

ABSENT: Payne

Clerk Roncelli welcomed the public and led the Pledge of Allegiance.

MOTION by Devine and SUPPORT by Barnett to APPOINT Clerk Roncelli as Chair of the meeting in the absence of Supervisor Payne.

AYES: Barnett, Buckley, Devine, Jamian, 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 July 14, 2008.

ITEM #1 Approve Board Minutes of June 23, 2008 & Study Session Minutes of June 25, 2008

MOTION by Buckley and SUPPORT by Devine to APPROVE the Board of Trustees Minutes from June 23, 2008.

MOTION by Jamian and SUPPORT by Barnett to APPROVE the Board of Trustees Study Session Minutes from June 25, 2008.

AYES: Barnett, Buckley, Devine, Jamian, 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 July 14, 2008.

__________________________

JANET M. RONCELLI, CMC

TOWNSHIP CLERK

ITEM #2 Capital Building Program – Construction Contracts for DPW Buildings/North Parking Lot – Pkg #2C and Central Fire Station – Pkg #1A

Tom Marschesano, Program Manager, Capital Building Program, presented the report to award the third portion of the second bid package for the DPW Buildings/North Parking Lot and the first portion of the first bid package for the Central Fire Station. It was recommended that award of the contracts be made to the following contractors:

MOTION by Barnett and SUPPORT by Devine to AWARD the Construction Contracts for DPW Buildings/North Parking Lot – Pkg #2C and Central Fire Station – Pkg #1A.

AYES: Barnett, Buckley, Devine, Jamian, 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 July 14, 2008.

__________________________

JANET M. RONCELLI, CMC

TOWNSHIP CLERK

ITEM #3 Re-Introduction of Ordinance 598, Water Rates 2008-2009

This ordinance was first introduced at the June 9, 2008 Board of Trustees meeting. The Township has received the final rate from the Detroit Water & Sewerage Department (DWSD). The water rate will remain the same as stated at the first introduction in the amount of $3.90 per thousand gallons, effective October 1, 2008.

MOTION by Devine and SUPPORT by Barnett to APPROVE the Re-Introduction of Ordinance 598, Water Rates 2008-2009.

An Ordinance to amend Chapter 38 of the Charter Township of Bloomfield Code of Ordinances, Utilities, to amend Article VI, Rates and Charges, Division 2, Water, for the purpose of amending the amount of the water consumption charge.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

Section 1 of Ordinance

Chapter 38, Article VI, Division 2, Section 38-214 of the Bloomfield Township Code is hereby amended to state as follows:

Sec. 38-214. Water consumption charge.

A quarterly charge for water service shall be made to each of the premises connected to the system in the amount of $3.90 per 1,000 gallons of water consumed. There shall be no minimum water charge other than the meter charge, if any, applicable to any premises metered for service. In those instances wherein a premises is connected to the system and a meter has not been installed, the quarterly charge for water service shall be $144.30.

Section 2 of Ordinance

Repealer

All ordinances or parts of ordinances in conflict with this ordinance are repealed only to the extent necessary to give this ordinance full force and effect.

Section 3 of Ordinance

Severability.

Should any section, subdivision, clause, or phrase of this ordinance be declared by the courts to be invalid, the validity of the ordinance as a whole, or in part, shall not be affected other than the part invalidated.

Section 4 of Ordinance

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 in force when they were commenced.

Section 5 of Ordinance

Effective Date.

The provisions of this Ordinance are ordered to take effect following publication in the manner prescribed by statute.

Section 6 of Ordinance

Adoption.

Upon adoption, the provisions of this ordinance shall take effect immediately upon publication in a newspaper circulated within said Township and shall apply to all bills rendered for water use on or after October 1, 2008.

CERTIFICATION

I hereby certify that the foregoing Ordinance was adopted by the Board of Trustees of the Charter Township of Bloomfield at a meeting held on ______________________, and that the original of this Ordinance is on file in my office.

AYES: Barnett, Buckley, Devine, Jamian, 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 July 14, 2008.

__________________________

ITEM #4 Bid Award for Street Sweeper

There were three bids received for a four-wheel mechanical sweeper on June 10, 2008. Bell Equipment was the only company that could meet all specifications for this critical piece of equipment. The other two companies were deficient in their bids regarding the broom extension and/or electrical area.

MOTION by Buckley and SUPPORT by Jamian to AWARD the Bid for a Four-Wheel Mechanical Sweeper to Bell Equipment in the Amount of $190,000.00.

AYES: Barnett, Buckley, Devine, Jamian, 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 July 14, 2008.

__________________________

JANET M. RONCELLI, CMC

TOWNSHIP CLERK

ITEM #5 Introduction of Lot Split, 2363 Tilbury Place

The Township has received an application to subdivide the property known as 2363 Tilbury Place. The Bloomfield Township Code of Ordinances, Chapter 18, requires that the lot-split request meet certain standards. Both resulting parcels would not meet the criteria of a minimum of 20,000 square foot lot area for the R-2 District – each is deficient by .455 acres.

It was Attorney Hampton’s opinion that the lot-split request should be denied by the Board based on the fact that it does not meet all aspects of the Code of Ordinances. The applicant could request a variance by the Zoning Board of Appeals (ZBA) for the size deficiency and, if granted, renew this request with the Board of Trustees.

MOTION by Devine and SUPPORT by Barnett to DENY the Lot Split for 2363 Tilbury Place Based Upon the Advice of Counsel.

AYES: Barnett, Buckley, Devine, Jamian, 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 July 14, 2008.

__________________________

JANET M. RONCELLI, CMC

ITEM #6 Consider Adoption of Ordinance 601, Amendment for Parking Requirements

The ordinance would change how parking spaces are calculated and was introduced to the Board at their meeting on June 23, 2008.

MOTION by Savoie and SUPPORT by Jamian to ADOPT Ordinance 601, Amendment for Parking Requirements.

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF BLOOMFIELD TOWNSHIP, CHAPTER 42, ZONING TO AMEND THE PARKING REQUIREMENTS AND PARKING SPACE LAYOUT REQUIREMENTS

THE TOWNSHIP OF BLOOMFIELD ORDAINS:

Article 1, Section 42-3 Definitions of the Bloomfield Charter Township Code, is hereby amended to read as follows:

Section 1.

Section 42-3. Definitions

Section 2.

Section 42-560. Parking requirements

11. The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following schedule:

12. Upon submission of a parking study, approved by the Township traffic engineer, the total number of required parking spaces may be reduced by the Planning Commission in the site plan review process.

Section 3.

Section 42-561. Off-Street Parking Space Layout, Standards, Construction and Maintenance.

Section 4. 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 5. 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 6. 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 7. Effective Date.

The provisions of this Ordinance are hereby ordered to take effect immediately upon publication in the manner prescribed by law.

Section 8 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 14th day of July, 2008, and ordered to be given publication in the manner prescribed by law.

AYES: Barnett, Buckley, Devine, Jamian, 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 July 14, 2008.

__________________________

JANET M. RONCELLI, CMC

TOWNSHIP CLERK

ITEM #7 Introduction of Ordinance 602, Amendment to Noxious Weeds (and Resolution) & Ordinance 603, Amendment to Property Maintenance

These proposed ordinance amendments would help to expedite the process for entry (and resolve resident complaints) onto unkempt properties to cut grass without having to seek court order warrants. The resolution for Ordinance 602 would establish a $75.00 administrative fee.

MOTION by Jamian and SUPPORT by Barnett to ACCEPT the Introduction of Ordinance 602, Amendment to Noxious Weeds.

AN ORDINANCE TO AMEND CHAPTER 14 ENVIRONMENT, ARTICLE IV OF THE CHARTER TOWNSHIP OF BLOOMFIELD CODE, NOXIOUS WEEDS, BY AMENDING, SECTION 14-87, COMMISSIONER OF NOXIOUS WEEDS, SECTION 14-88, DEFINITION, SECTION 14-89, DUTY OF OWNER TO ERADICATE NOXIOUS WEEDS; NOTICE TO CUT; AND SECTION 14-91, PENALTY.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

Section 1 of Ordinance

Sec.14.87. Commissioner of noxious weeds is amended as follows:

The Township Supervisor or his or her designee shall serve as the commissioner of noxious weeds for the Township.

Section 2 of Ordinance

Sec. 14-88. Definition is amended as follows:

For the purpose of this article, the term "noxious weeds" means and includes, grass of a height greater than eight (8) inches, Canada thistle (Circium arvense), dodders (any species of Cuscuta), mustards (charlock, black mustard and Indian mustard, species of Brassica or Sinapis), wild carrot (Daucus carota), bindweed (Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), hoary alyssum (Berteroa incana), ragweed (ambrosia elatior 1.) and poison ivy (rhus toxicondendron), poison sumac (toxicodendron vernix) or other plant which in the opinion of the commissioner is regarded as a common nuisance.

Section 3 of Ordinance

Sec. 14-89. Duty of owner to eradicate noxious weeds; notice to cut; penalty is amended as follows:

(a) The owner of land on which noxious weeds are found growing shall destroy the weeds before they reach a seed bearing stage and prevent their regrowth, or shall prevent them from becoming a detriment to public health. The commissioner shall notify by certified mail with return receipt requested, the owner, agent, or occupant of any land on which noxious weeds are found growing. The notice shall describe methods of treating and eradicating the noxious weeds and a summary of the provisions of this section. Failure of the commissioner to give such notice shall not, however, constitute a defense to any action to enforce the payment of any penalty provided for or debt created under this article. If the owner, agent, or occupant refuses to destroy the noxious weeds or cause them to be destroyed, the commissioner shall enter upon the land and destroy the noxious weeds or cause them to be destroyed. Any expense incurred in the destruction shall be paid by the owner of the land and shall include an administrative fee in an amount determined by resolution of the Township Board and the township shall have a lien against the land for the amount of the expense, which lien shall be enforced in the manner now provided by law for the enforcement of tax liens.

(b) If the owner, agent, or occupant of any subdivided land in any subdivision in the township in which buildings have been erected on 60 percent of the lots included in that subdivision, or the owners, agents, or occupants of lots along all improved streets in common usage, for a depth of ten rods or the depth of the lots whichever is the lesser, has failed, after ten days' notice as provided in this section, to destroy noxious weeds or cause them to be destroyed, then the commissioner, or a person delegated by him, may enter upon the subdivided land or lots and destroy by cutting, with or without mechanical equipment which will not damage the property or the adjacent sidewalk, any noxious weeds. Any expense incurred in the destruction shall be paid by the owner of the subdivided land and shall include an administrative fee in an amount determined by resolution of the Township. The township shall have a lien upon the subdivided land or lots for the amount of the expense, the lien to be enforced in the manner prescribed by the laws of the state providing for the enforcement of tax liens.

(c) In lieu of the notice required by subsection (a) of this section, the township may publish a notice in a newspaper of general circulation in the township during the month of March that weeds not cut by May 1 of that year will be cut by the township, and the owner of the property charged with the cost under the provisions of this section. The publication shall also contain all other information required of the notice provided for in subsection (a) of this section. The township may cut weeds as many times as is necessary and charge the cost to the property owner.

(d) It shall be the duty of the owner of land on which noxious weeds are found growing who has received notice as set forth in Sec. 14-89 who sells their property and who has not paid the expenses, including administrative expenses incurred by the township in the destruction of the noxious weeds to provide written notice to the purchaser of said land of the outstanding indebtedness due the township.

Section 4 of Ordinance

Sec. 14.91. Penalty is amended as follows:

Any owner who refuses to destroy noxious weeds as provided for in this article shall be subjected to a fine of not more than $500.00, which fine when collected shall become part of the noxious weed control fund of the township.

Section 5 of Ordinance

Repealer

All ordinances or parts of ordinances in conflict with this ordinance are repealed only to the extent necessary to give this ordinance full force and effect.

Section 6 of Ordinance

Severability.

Should any section, subdivision, clause, or phrase of this ordinance be declared by the courts to be invalid, the validity of the ordinance as a whole, or in part, shall not be affected other than the part invalidated.

Section 7 of Ordinance

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 in force when they were commenced.

Section 8 of Ordinance

Effective Date.

The provisions of this Ordinance are ordered to take effect following publication in the manner prescribed by statute.

Section 9 of Ordinance

Adoption.

CERTIFICATION

I hereby certify that the foregoing Ordinance was adopted by the Board of Trustees of the Charter Township of Bloomfield at a meeting held on _______________________, and that the original of this Ordinance is on file in my office.

AYES: Barnett, Buckley, Devine, Jamian, 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 July 14, 2008.

__________________________

JANET M. RONCELLI, CMC

TOWNSHIP CLERK

MOTION by Barnett and SUPPORT by Savoie to ACCEPT the Introduction of the Resolution for Ordinance 602, Amendment to Noxious Weeds.

RESOLUTION

WHEREAS, the Township Board of the Charter Township of Bloomfield has adopted Ordinance No. 602, an ordinance to amend Chapter 14 Environment, the Township Noxious Weeds Ordinance; and

WHEREAS, pursuant to said amended ordinance, Section 3, the Township shall impose a reasonable administrative processing fee for property owners who fail to comply with the provisions of the Township Noxious Weeds Ordinance; and

WHEREAS, pursuant to Section 3, the administrative processing fee shall be declared by resolution of the Township Board;

NOW, THEREFORE BE IT RESOLVED by the Township Board of the Charter Township of Bloomfield that an administrative processing fee shall be established in the amount of Seventy-Five dollars ($75.00) per occurrence.

AYES: Barnett, Buckley, Devine, Jamian, 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 July 14, 2008.

__________________________

JANET M. RONCELLI, CMC

TOWNSHIP CLERK

MOTION by Jamian and SUPPORT by Devine to ACCEPT the Introduction of Ordinance 603, Amendment to Property Maintenance.

AN ORDINANCE TO AMEND CHAPTER 10 BUIDINGS AND BUILDING REGULATIONS, ARTICLE V OF THE CHARTER TOWNSHIP OF BLOOMFIELD CODE, PROPERTY MAINTENANCE, AMENDING SECTION 10-126. ENVIRONMENTAL REQUIREMENTS, SUBSECTION (a)(3) TO INCLUDE GRASS WITH RESPECT TO VEGETATION GROWTH.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

Section 1 of Ordinance to Amend Section 10-26, subsection (a)(3)

Sec. 10-126. Environmental Requirements.

(a) Generally.

(3) All exterior property areas and premises shall also be maintained with respect to vegetation growth. Specifically, the property shall be maintained in a manner to be free from grass of a height greater than eight (8) inches, weed and/or vegetation growth which, due to neglect, may cause a health hazard, as specified in Public Act No. 359 of 1941 (MCL 247.61 et seq.), and/or contribute to a blighting effect and/or reduction of area property values. It shall be a violation of this section if a property owner is given a notice from the building official that vegetation growth is alleged to be in a condition in violation of this subsection, and such owner fails or refuses to cure such condition within ten days.

Section 2 of Ordinance

Repealer

All ordinances or parts of ordinances in conflict with this ordinance are repealed only to the extent necessary to give this ordinance full force and effect.

Section 3 of Ordinance

Severability.

Should any section, subdivision, clause, or phrase of this ordinance be declared by the courts to be invalid, the validity of the ordinance as a whole, or in part, shall not be affected other than the part invalidated.

Section 4 of Ordinance

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 in force when they were commenced.

Section 5 of Ordinance

Effective Date.

The provisions of this Ordinance are ordered to take effect following publication in the manner prescribed by statute.

Section 6 of Ordinance

Adoption.

CERTIFICATION

I hereby certify that the foregoing Ordinance was adopted by the Board of Trustees of the Charter Township of Bloomfield at a meeting held on ______________________, and that the original of this Ordinance is on file in my office.

AYES: Barnett, Buckley, Devine, Jamian, 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 July 14, 2008.

__________________________

JANET M. RONCELLI, CMC

TOWNSHIP CLERK

ITEM #8 Daly Drain Reapportion

The Daly Drain was established along Telegraph Road (north of Square Lake Road) in 1975. This drainage district now extends into the City of Pontiac due to portions of Bloomfield Park that were transferred to the municipality as part of the 425 Agreement. In order to reapportion some of the District’s costs (20 percent) to the City of Pontiac, the Oakland County Drain Commissioner would need to be petitioned. Currently, there is no outstanding debt owing on the Drain, but any future assessments would be shared with the City of Pontiac with the execution of the document.

MOTION by Savoie and SUPPORT by Barnett to APPROVE the Daly Drain Revised Petition and AUTHORIZE the Supervisor and Clerk to Sign.

TO THE DRAINAGE BOARD FOR THE DALY DRAIN,

COUNTY OF OAKLAND, STATE OF MICHIGAN

WHEREAS, pursuant to Chapter 20 of the Drain Code of 1956, as amended (1956 P.A. 40, M.C. L 280.461 et seq., "Chapter 20") and as matter of public health, on or about August 25, 1975 the Township of Bloomfield ("Township") petitioned the Drain Commissioner of the County of Oakland ("County") for the location and establishment of an intra-county drain to serve certain lands solely located within the Township of Bloomfield.

WHEREAS, on September 24, 1975, following notice and public hearing as set forth in Chapter 20, a drain and drainage district was established thereafter referred to as the Daly Drain and Daly Drainage District.

WHEREAS, in accordance with the Chapter 20, the Daly Drainage Board apportioned all costs for the design, finance, construction, operation and maintenance of the Daly Drain against the Township of Bloomfield, and the County and State of Michigan for road drainage.

WHEREAS, the Daly Drain was constructed and there is presently no outstanding indebtedness.

WHEREAS, pursuant to Public Act 425 of the Public Acts of 1984, as amended (M.C.L. 124.21) the Township of Bloomfield and the City of Pontiac ("City") entered into an agreement to conditionally transfer certain property located within the Township of Bloomfield to the City of Pontiac ("Transferred Property").

WHEREAS, the Transferred Property is land served by the existing Daly Drain.

WHEREAS, this revised petition is submitted to properly reflect that there are now two municipal corporations, Township of Bloomfield and City of Pontiac served by the existing Daly Drain; and the public corporation signing the petition will be subject to assessments to pay the cost thereof.

WHEREAS, pursuant to Chapter 20 and as a matter of public health, the Township petitions the Drain Commissioner of the County of Oakland for the location and establishment of an intra-county drain to serve certain lands within the Township of Bloomfield and the City of Pontiac, with the general description, location and route of said drain as follows:

Beginning at a Point of the South R.O.W. line of Square Lake Road, approximately 350 West of the extension of the centerline of Cherrylawn as measured along the South R.O.W. of Square Lake Road; thence Northerly along the West R.O.W. line of Woodland Avenue approximately 360 feet; thence Northeasterly approximately 440 feet to the Point of intersection of the South R.O.W. line of Hamilton Drive and the West R.O.W. line of Cherrylawn; thence Northeasterly to the Point of Intersection of the East R.O.W. line of Cherrylawn Avenue extended and the North R.O.W. of Klingensmith Road; thence Southeasterly along the North R.O.W. of Klingensmith approximately 145 feet; thence Easterly approximately 1320 feet to a Point 300 feet South of North property line and 570 West of the East property line of Outlot "A" of "Square Lake Country Club" Subdivision; thence Southeasterly approximately 500 feet to a Point 130 feet North of the South property line and 170 West of the East property line of said Outlot "A"; thence approximately 170 feet easterly to a point on the East property line of said Outlot "A", said point being 100 North of the South property line of said Outlot "A"; thence Northeasterly 400 feet to a point in the R.O.W. of Telegraph Road, said point being approximately 2850 feet Northwesterly of the centerline of Square Lake Road and approximately 25 feet Northeast of the Southwest R.O.W. line (204’ R.O.W.) of Telegraph Road; thence Northwesterly approximately 850 feet along and parallel to said R.O.W. line of Telegraph Road to the Point of Ending.

The drain consists of open channel sections, pipe enclosures and detention ponds and is necessary to preserve and protect the public health of the public corporations served.

This petition is filed pursuant to the provisions of Sections 462, 463 and 486 of Chapter　20 of Act No.　40 of the Public Acts of 1956, as amended.

A certified copy of the resolution of the governing body of the public corporation executing this petition authorizing its execution is attached hereto.

CHARTER TOWNSHIP OF BLOOMFIELD

By:

Dave Payne

Its: Supervisor

And:

Janet Roncelli

Its: Clerk

Date executed: ___________

AYES: Barnett, Buckley, Devine, Jamian, 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 July 14, 2008.

__________________________

JANET M. RONCELLI, CMC

TOWNSHIP CLERK

ITEM #9 Municipal Separate Storm Sewer System (MS4) Permit Authorization

The Michigan Department of Environmental Quality (MDEQ) requires municipalities to evaluate and improve storm water quality under the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Watershed Based permit. Bloomfield Township’s permit was valid for five years and required renewal in May 2008. However, changes have been made to the permit, which will impose restrictions that do not apply to all communities, add costs due to increased required actions and provide little improvement to water quality.

MOTION by Buckley and SUPPORT by Barnett to APPROVE the Resolution to Authorize the Township Attorney to File a Petition Contesting the NPDES MS4 Watershed Based Permit.

WHEREAS, in order to comply with the provisions of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq,) and Part 31 and 41 of Michigan Act 451 of the Public Acts of 1994, as amended, the Township, as the owner or operator of a municipal separate storm system, is required to obtain a permit or certificate of coverage under a general permit authorizing the discharge of storm water; and

WHEREAS, on or about November 12, 2007 the Michigan Department of Environmental Quality (MDEQ) issued a draft National Pollutant Discharge Elimination System Phase II Watershed Permit, Permit No. MIG 610000 for public comment; and

WHEREAS, during the comment period for the General Permit and extension of the public comment by the MDEQ, the Township independently and/or through the Alliance of Rouge Communities and the Southeast Michigan Council of Governments ("interested stakeholders") submitted comments identifying areas of concern with the proposed draft General Permit, specifically requesting MDEQ to adopt revised permit language to achieve watershed-wide improvements and greater flexibility to improve water quality and reporting requirements; and

WHEREAS, despite concerns raised by interested stakeholders, on May 22, 2008 the MDEQ issued NPDES General Permit No. MIG 610000 (Watershed) and NPDES General Permit MIS 049000 (Jurisdictional); and

WHEREAS, the Township maintains that MDEQ’s issuance of NPDES General Permit No. MIG 610000 and NPDES General Permit MIS 0490000 on May 22, 2008 are not supported by competent, material and substantial evidence, is arbitrary and capricious and/or an abuse of unwarranted exercise or discretion, and is contrary to Michigan law as it:

would produce significant risk of noncompliance to the Township;

produce excessive financial burden without demonstrated water quality benefit;

remove local control and decision-making authority in water resource management;

disregards fundamental principles of water resource management; and

improperly disregards and/or disrupts existing financial and institutional agreements previously developed and implemented for watershed-based storm water management under regulatory framework approved by the United States District Court, in addition to other consequences inconsistent with proper and lawful storm water management practices.

NOW THEREFORE BE IT RESOLVED the Township Board hereby authorizes its legal counsel to initiate legal action to contest the aforementioned General Permits before the Michigan State Office of Administrative Hearings.

AYES: Barnett, Buckley, Devine, Jamian, Roncelli, Savoie

NAYS: None

STATE OF MICHIGAN )

) ss.

COUNTY OF OAKLAND )

RESOLUTION DECLARED ADOPTED.

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 14th day of July 2008, the original of which is in my office.

ITEM #10 Consider Contractual Services Agreement between Michigan State Police and Bloomfield Township for 2008 PGA Championship

Legal counsel for the Township reviewed the agreement and found it to be, aside from the increase in costs, identical to the one used for the 2004 Ryder Cup.

MOTION by Barnett and SUPPORT by Buckley to APPROVE the Contractual Services Agreement between Michigan State Police and Bloomfield Township for the 2008 PGA Championship.

RESOLUTION

WHEREAS, the Charter Township of Bloomfield Police Department has requested the assistance of the Michigan Department of State Police for law enforcement services during the 2008 PGA Championship; and

WHEREAS, the Township and the Michigan Department of State Police desire to enter into a contract for the purpose of providing State Police services and assistance to the Township in connection with the 2008 PGA Championship scheduled for August 4, 2008 through August 10, 2008 at the Oakland Hills Country Club; and

WHEREAS, the parties have negotiated a mutually acceptable agreement, which is attached to this Resolution, providing compensation to State Police 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 Contractual Services Agreement attached to this Resolution including the compensation amounts as specified in said Agreement.

2. That the Township Board authorizes the Police Chief and Clerk to sign the attached Agreement.

AYES: Barnett, Buckley, Devine, Jamian, Roncelli, Savoie

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, Janet M. 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 14th day of July, 2008, the original of which is in my office.

__________________________

ITEM #11 Approve Payroll and Vouchers for 7/14/2008

MOTION by Buckley and SUPPORT by Barnett to APPROVE Payroll and Vouchers for 7/14/2008, A003262 – A003312; B021342 – B021575; and E002725 – E002737 totaling $4,479,387.34.

ITEM #12 Public Comment

Clerk Roncelli advised that the Board had approved a resolution on June 23, 2008, which permitted the Township to participate in the Community Development Block Grant (CDBG) program through Oakland County. However, the resolution did not authorize the signing of the necessary documents.

MOTION by Savoie and SUPPORT by Jamian to APPROVE the Resolution to Authorize the Signing of the Community Development Block Grant (CDBG) Program Documents.

WHEREAS, Bloomfield Township will be applying for Community Development Block Grant funding; and

WHEREAS, The Bloomfield Township Board of Trustees approved participation in the Community Development Block Grant Program with Oakland County on June 23, 2008.

NOW THEREFORE BE IT RESOLVED that the Bloomfield Township Board of Trustees authorizes the Supervisor and the Clerk to execute all documents necessary to participate in the Community Development Block Grant Program, Cooperative Agreement with Oakland County, as approved on June 23, 2008.

BE IT FURTHER RESOLVED that the Bloomfield Township Board of Trustees authorizes Dan Devine, Treasurer, to sign on behalf of David Payne, Supervisor, in his absence and with his prior approval.

AYES: Barnett, Buckley, Devine, Jamian, 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 July 14, 2008.

__________________________

JANET M. RONCELLI, CMC

TOWNSHIP CLERK

Clerk Roncelli advised the Board and audience that Preservation Bloomfield is moving the Barton House on July 15, 2008 and a parade will be held on Long Lake Rd.

The following people spoke to the Board:

Jeffrey Salz, 3114 E. Bradford Dr., Bloomfield Hills

Rick Gladstone, 2855 Cherokee Dr., Waterford

The Board recognized the following people:

Karen Spector, Oakland County Commissioner

Austin Rovinski, Boy Scout, Troop 1699

INCLUDED IN BOARD PACKET: Thank you note from Gayle Murphy

Police Department – June 2008 Monthly Report

Bloomfield Township, et al. v Comcast Update

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Charter Township of Bloomfield
4200 Telegraph Road
P.O. Box 489
Bloomfield Hills, MI 48303-0489
248.433.7700

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