Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, JULY 28, 2008

ITEM #1 Approve Board Minutes of July 14, 2008

The minutes were approved with a revision to agenda item #7, Ordinance 602 and its resolution.

MOTION by Barnett and SUPPORT by Devine to APPROVE the Board of Trustees Minutes from July 14, 2008 as amended.

AYES: Barnett, 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 July 28, 2008.

__________________________
JANET M. RONCELLI, CMC
TOWNSHIP CLERK

ITEM #2 Capital Building Program – Construction Contracts for Central Fire Station – Pkg #1B

Dennis Smith, Project Manager, George W. Auch Co, presented the report to award the second 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 Savoie and SUPPORT by Jamian to AWARD the Construction Contracts for the Central Fire Station – Pkg #1B.

AYES: Barnett, 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 July 28, 2008.

__________________________
JANET M. RONCELLI, CMC
TOWNSHIP CLERK

ITEM #3 Proclamation to Honor Marian High School’s 50th Anniversary Celebration

Supervisor Payne stated that the Board was pleased to have the school in the community and that it was a pleasure to honor them for such a remarkable accomplishment.

Sr. Lenore M. Pochelski, IHM, President, and Sharon McMurray, Chairperson, 50th Anniversary Committee for Marian High School, accepted the proclamation.

WHEREAS, Marian High School is located in Bloomfield Township and is celebrating its 50th anniversary; and

WHEREAS, Marian High School was founded in 1959 by the Sisters, Servants of the Immaculate Heart of Mary of Monroe, Michigan; and

WHEREAS, Since the school’s inception, the administration of Marian High School has worked with Bloomfield Township in a cooperative manner to build and expand the school campus; and

WHEREAS, Marian High School has become a landmark in Bloomfield Township, attracting students from 57 communities in 5 counties; and

WHEREAS, Marian High School is known for being a good neighbor with the surrounding residents and the overall community of Bloomfield Township; and

WHEREAS, Marian High School is a Catholic, college preparatory high school where young women learn to explore and excel; and

WHEREAS, Marian High School offers exemplary academic programs, award-winning fine and performing arts, exciting cocurricular activities and outstanding athletic programs; and

WHEREAS, Marian High School is fully accredited by the North Central Association of Colleges and Schools; and

WHEREAS, Marian High School encourages the development of mature, competent and caring Christian women prepared to assume responsibility in our society.

NOW, THEREFORE BE IT RESOLVED, that the past and present members of the Board of Trustees and the residents of Bloomfield Township HONOR MARIAN HIGH SCHOOL for its many years of dedicated and committed service to young women.

BE IT KNOWN to all reading this Resolution that it was adopted by the Township Board of Trustees on July 28, 2008, and included in the minutes as a permanent record.

ITEM #4 Recommendation for Bloomfield Township Fire Chief

Current Fire Chief, Leo Chartier, will be retiring effective September 30, 2008. He recommended the position be given to Dave Piche. Supervisor Payne agreed with Chief Chartier’s recommendation and asked for Board approval.

MOTION by Barnett and SUPPORT by Jamian to APPROVE the Recommendation of Dave Piche for Bloomfield Township Fire Chief Effective October 1, 2008.

AYES: Barnett, 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 July 28, 2008.

__________________________
JANET M. RONCELLI, CMC
TOWNSHIP CLERK

ITEM #5 Opposition to National EMS Standards

Other communities are passing this resolution to oppose these national standards which will raise costs to fire departments, due to increased training hours, and decrease the number of training schools by only allowing classes through an accredited institution.

MOTION by Jamian and SUPPORT by Barnett to APPROVE the Resolution Opposing National EMS Standards.

WHEREAS, National EMS Education Standards are proposed to replace the current National Highway Transportation and Safety Administration Standard curricula at all licensure levels; and

WHEREAS, Area Fire Chiefs have expressed grave concern over the impact of the National Standards on their ability to maintain adequate levels of EMS personnel and the cost implications of the change; and

WHEREAS, Area Fire Chiefs are in opposition to the National EMS Education Standards as currently written and are opposed to any attempt by the State of Michigan to adopt said standards.

NOW, THEREFORE BE IT RESOLVED, that the Bloomfield Township Board of Trustees joins area Fire Chiefs in opposing National EMS Education Standards being adopted or used in the State of Michigan.

BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to Michigan Townships Association (MTA), area legislators and area communities requesting their support.

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

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, Janet Roncelli, duly elected Clerk of Bloomfield Township, Oakland County, Michigan, herby certify that the foregoing is a true and correct copy of a Resolution adopted by the Bloomfield Township Board of Trustees at a Regular Meeting held on Monday, July 28, 2008.

__________________________
JANET M. RONCELLI, CMC
TOWNSHIP CLERK

ITEM #6 Consider Adoption of Ordinance 598, Water Rates 2008-2009

The ordinance was reintroduced at the Board of Trustees meeting on July 14, 2008. The water rate will be $3.90 per thousand gallons, effective October 1, 2008.

MOTION by Savoie and SUPPORT by Devine to ADOPT 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.

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

NAYS: None

ORDINANCE DECLARED ADOPTED.

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 July 28, 2008, and that the original of this Ordinance is on file in my office.

__________________________
JANET M. RONCELLI, CMC
TOWNSHIP CLERK

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

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.

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

NAYS: None

ORDINANCE DECLARED ADOPTED.

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 July 28, 2008, and that the original of this Ordinance is on file in my office.

__________________________
JANET M. RONCELLI, CMC
TOWNSHIP CLERK

MOTION by Devine and SUPPORT by Barnett to ADOPT 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, 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 July 28, 2008.

AN ORDINANCE TO AMEND CHAPTER 10 BUILDINGS 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.

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

NAYS: None

ORDINANCE DECLARED ADOPTED.

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 July 28, 2008, and that the original of this Ordinance is on file in my office.

__________________________
JANET M. RONCELLI, CMC
TOWNSHIP CLERK

ITEM #8 Introduction of Ordinance 604, Right-of-Way Regulations Ordinance Amendments

This ordinance is designed to make all right-of-way regulations consistent within the Code of Ordinances.

MOTION by Barnett and SUPPORT by Roncelli to APPROVE the Introduction of Ordinance 604, Right-of-Way Regulations.

An ordinance to amend the Right-of-Way Regulations, as adopted and previously amended by Ordinance Numbers 550, 572 and 588, to clarify and provide for consistency in the regulations adopted by those Ordinances.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

Section 1 of Ordinance

Article II, Right-of-Way Regulations, of Chapter 32 of the Bloomfield Charter Township Code is amended by changing the following Definitions in Section 32-20 to read as follows.

Sec. 32-20. Definitions.

Facility or Facilities means an improvement or improvements as defined in this section.

Improvement means any equipment, conduit, facility, pipe, pole, structure, wire, cable, fiber, building, equipment cabinet or any other man-made or placed material or object, including but not limited to any water or sewer main, pipe, catch basin, manhole or other structure used for the accumulation or transportation of water, storm-water, sewage, liquid, gas or other fuel and any overhead or underground cable, wire and/or a combination thereof, for the transmission or distribution of electrical energy or current impulses, sounds, voices, telephone service, telecommunications services or other utility or communication services or signals, including service connections and any other material protecting said improvements used in connection therewith.

Minor Disruption means disruption in connection with work or an improvement on an individual lot or parcel that:

(1) Will not extend beyond the property’s right-of-way frontage;

(2) Will not result in any obstruction or interference with the traveled portion of the right-of-way;

(3) As determined by the township, will not have any impact on existing or planned township utilities or other existing or permitted improvements in the right-of-way; and

(4) As determined by the township, is not of sufficient size or consequence and has no other aspects or components that warrant or necessitate compliance with otherwise applicable disruption permit requirements. An excavation of less than two feet in depth is not of sufficient size to require a disruption permit if all other requirements to be considered as a minor disruption are satisfied.

Practical difficulty, for purposes of this Chapter only, shall be established upon satisfactory evidence, as determined by the township, of the following:

Section 2 of Ordinance

Article II, Right-of-Way Regulations, of Chapter 32 of the Bloomfield Charter Township Code is amended by amending Section 32-46, the titles of Sections 32-154 and 32-157, subsection 32-157(a)(3) and 32-163(b) and adding a new subsection 32-154(e) to read as follows.

Sec. 32-46. Disruption Permit Required.

(a) Generally. Except as otherwise provided in this division, no person, including persons who have or are exempt from having a use permit, shall direct or perform any activity which causes or results in any disruption to any township right-of-way unless the consent of the township board is first obtained, as evidenced by a disruption permit issued by the township pursuant to this article. Activity shall be performed in accordance with the disruption permit and in the manner provided for in this article.

(2) Exemptions. Subject to compliance with all applicable terms and conditions in division 6, a disruption permit is not required for:

(1) Activities or improvements by or under contract with the township, Michigan Department of Transportation, Road Commission of Oakland County or other public agency.

(2) Activities or improvements that have been disclosed and described to the extent required by this Ordinance and that are thereafter approved as part of a permit, site plan, plat or other approval under another township ordinance.

(3) Temporary obstructions which are incidental to the expeditious movement of property and things to and from abutting premises.

(4) The lawful operation and parking of vehicles within a township right-of-way.

(5) The lawful and customary use of property by adjoining property owners for such things as landscaping and lawful repairs, maintenance and other activities of, for or on a sidewalk, driveway or other similar improvement in public road right-of-way located within the township, provided that any residential or other use permit required under this article and all other township required permits or approvals are first obtained.

(6) Minor disruptions by adjoining owners of property zoned for single-family residential.

(7) Connection from a main or branch utility line, including, but not limited to wires, cables, pipes, conduits or other equipment used for the transmission of electrical current impulses, sounds, voices or communications, water sewage, gas or other fuel, to an individual user or subscriber provided such connection does not service more than four users.

(8) Replacement or repair of damaged or obsolete wires, cables, pipes, conduits or other equipment so long as the replacement or repair of such wires, cables, pipes, conduits or other equipment shall not deviate from the location of the equipment being replaced or repaired.

(9) Replacement or repair of damaged or obsolete substation or generating equipment.

(c) Emergencies. In a public emergency, a person and/or a permittee may disrupt a township right-of-way without first receiving a disruption permit from the township provided that the township has approved the emergency repairs before the disruption takes place.

(d) Violations. Failure to obtain a disruption permit under this section shall constitute a violation of and subject the violating person to the penalties provided for in this article. A person who violates this section shall pay the required application fee and disruption permit fee, as well as any additional charge established by resolution of the township board for that period of time that the person did not have a valid disruption permit.

Sec. 32-154. Required route and improvement information for use and disruption permits.

(a) – (d) [Unchanged]

(e) If the township determines it to be necessary to the proper and efficient administration of this article, it may also require an applicant for a disruption permit to provide plans on a larger scale, elevations, locations and topography at specified contours for existing and proposed improvements, landscaping and natural features, property lines and other relevant information for areas within 100 feet of the proposed improvement.

Sec. 32-157. Standards and conditions for permits and installations.

(3) Unless otherwise approved by the township, the facilities shall not be located within the zone of influence of an existing or proposed sanitary sewer or water main. All underground facilities proposed to be located perpendicular to an existing utility line must maintain a minimum vertical clearance of 18 inches from any part of the existing utility line.

(4) – (9) [Unchanged]

(b) [Unchanged]

(a) [Unchanged]

(b) If, in the opinion of the township, application of the provisions of section 32-157 results in a practical difficulty for the applicant, the township may grant a variance from the strict application of that section, so long as the spirit and intent of this article are met.

Section 3 of Ordinance

Article II, Right-of-Way Regulations, of Chapter 32 of the Bloomfield Charter Township Code is amended by amending subsections (2), (13), (14) and (17) and adding new subsections (21), (22), (23) and (24) in Section 32-195 to read as follows.

Sec. 32-195. General ordinance regulations and permit terms and conditions.

(2) Compliance with permits and laws. All persons shall strictly comply with all of the terms and conditions of a permit and with all applicable laws, codes, restrictions and ordinances, including the public utility notification provisions of Act 53 of the Public Acts of 1974, as amended, and Part 91, Soil Erosion and Sedimentation Control, of the Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994, as amended, and no person shall disrupt and/or use any township right-of-way without first obtaining all other required township or other governmental permits and approvals and paying all other applicable fees. If eligible to join, and if it is not already a member, a utility shall subscribe to and be a member of "MISS DIG," or equivalent association of utilities formed pursuant to Act 53 of the Public Acts of 1974, as amended.

(13) Removal and/or relocation for or by township. A permittee or owner of improvements shall remove, relocate and/or disconnect any portion of its improvements located in the township’s rights-of-way when the permittee is advised in writing by the township that the same is necessary for the township to do any construction, excavation, maintenance, repair or other work in furtherance of the public health, safety and welfare. The township may remove, relocate, damage, disrupt and/or disconnect a permittee’s or owner’s improvements in the event of an public emergency, if the same is determined to be necessary to protect the public health, safety and welfare, with the township not being liable to the permittee, owner or any persons receiving services from the improvements, for any damages or injuries caused by the township’s actions. If reasonable to do so under the circumstances, the township shall attempt to provide advance notice to the permittee. The permittee shall be responsible for repair at its sole cost and expense of any of its facilities damaged pursuant to any such action taken by the township.

(14) Vacation/abandonment. If a right-of-way is vacated, discontinued, abandoned, terminated and/or released, the permittee’s right to use that area of land shall immediately terminate and the permittee shall remove its improvements therefrom at its sole cost and expense when ordered to do so by the township or a court of competent jurisdiction. The permittee shall relocate its facilities to such alternate route as the township and permittee mutually agree, applying reasonable engineering standards.

(17) Personnel and equipment identification. Personnel, including contractors and subcontractors of permittee conducting permitted activities shall at all times wear on their clothing or have otherwise clearly visible identification on their person identifying them as a representative of permittee and containing permittee’s name and their name and photograph. The permittee shall account for all identification cards at all times. All vehicles and equipment used in the activities shall be clearly identified with permittee’s name and telephone number.

Section 4 of Ordinance

Article II, Right-of-Way Regulations, of Chapter 32 of the Bloomfield Charter Township Code is amended by repealing and deleting Sections 32-22 and 32-164.

Section 5 of Ordinance

Amended only as specified above, the Bloomfield Charter Township Code shall remain in full force and effect.

Section 6 of Ordinance

This ordinance is ordered to take effect upon publication in the manner prescribed by law.

CERTIFICATION

The foregoing ordinance was duly adopted by the Board of Trustees of the Charter Township of Bloomfield at a meeting duly called and held on _________________, 2008.

AYES: Barnett, 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 July 28, 2008.

__________________________
JANET M. RONCELLI, CMC
TOWNSHIP CLERK

ITEM #9 Secrest Wardle Letter – Long Lake Shores Outlot A (19-07-303-013)

This property is actually an island located in the Long Lake Shores Canal (Upper Long Lake), which is currently being dredged. It has been a point of contention because of its disheveled appearance and trees falling into the canal. Legal counsel for the Township wrote the owner a letter citing violation of the Township’s Property Maintenance Code.

MOTION by Devine and SUPPORT by Barnett to APPROVE the Resolution as Presented and Allow the Owner 14 Days to Clear and Remove Trees, from the Property, which have Fallen into and across the Canal Areas.

RESOLUTION

WHEREAS, pursuant to Chapter 10, Article V titled Property Maintenance, specifically Section 10-126(3), of the Township Code, all property owners within the Township must properly maintain all exterior property areas and maintain vegetative growth; and

WHEREAS, property maintenance must be conducted in a manner to be free from weed and vegetation growth which due to neglect may cause a health hazard and/or contribute to a blighting effect and/or reduction of area property values; and

WHEREAS, pursuant to Chapter 10 Article V, the Township, on July 14, 2008 gave notice of violation of Section 10-126(3) to David P. Goode and Dawn I. Goode, the owners of record of Parcel I.D. No. C-19-07-303-013, commonly known as Long Lake Shores Outlot A; and

WHEREAS, said written notice described the violation as "[t]ree(s) which have fallen from [the] property into and across the canal areas in the Long Lake Shores Subdivision…" and provided a reasonable time for curing the violations detailed in the notice; and

WHEREAS, the owners of record have not cured the violation asserted within the reasonable time provided.

NOW, THEREFORE, the Township Board for the Charter Township of Bloomfield hereby determines that a violation of Section 10-126(3), of the Township Code does exist at Parcel I.D. No. C-19-07-303-013 and the owners of record shall within 14 days clear and remove the tree(s), which have fallen into and across the canal areas from the property.

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

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, Janet Roncelli, the duly qualified Clerk of the 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 Township of Bloomfield on the 28th day of July, 2008, the original of which is in my office.

__________________________
JANET M. RONCELLI, CMC
TOWNSHIP CLERK

ITEM #10 Reappoint Dan Devine to the Joint Development Council (JDC) and Jan Roncelli as an Alternate Member

MOTION by Jamian and SUPPORT by Barnett to APPROVE the Reappointment of Dan Devine, as a member, to the Joint Development Council.

RESOLUTION

BE IT RESOLVED to appoint Dan Devine, Bloomfield Township Treasurer, to the Joint Development Council (JDC) with the term to expire July 28, 2011.

AYES: Barnett, 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 July 28, 2008.

MOTION by Jamian and SUPPORT by Barnett to APPROVE the Reappointment of Jan Roncelli to the Joint Development Council.

RESOLUTION

BE IT RESOLVED to appoint Jan Roncelli, Bloomfield Township Clerk, as an alternate member to the Joint Development Council (JDC) with the term to expire July 28, 2011.

AYES: Barnett, 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 July 28, 2008.

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

ITEM #12 Public Comment

INCLUDED IN BOARD PACKET: Thank you note from Gayle Murphy

Police Department – June 2008 Monthly Report

Bloomfield Township, et al. v Comcast Update

Meeting adjourned at 8:43 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
TOWNSHIP CLERK

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