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CHARTER TOWNSHIP OF BLOOMFIELD OAKLAND COUNTY_ MICHIGAN PROPOSED

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					    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    TUESDAY, MAY 28, 2002
    PAGE -1-


    PRESENT:     Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    ABSENT:      None



I   The Board minutes of May 13,2002 were approved as printed.

    MOTION WAS MADE by Yaw and supported by Devine to ACCEPT for
    consideration Ordinance No. 528, Sewer Rates. A summary of the proposed
    ordinance will be published in the Birmingham Eccentric prior to its adoption on
    June 10th.

                        CHARTER TOWNSHIP OF BLOOMFIELD
                           OAKLAND COUNTY, MICHIGAN

                            PROPOSED ORDINANCE NO. 528

          AN ORDINANCE TO AMEND ORDINANCE       NO. 158 AS
          AMENDED, ENTITLED "AN ORDINANCE TO ESTABLISH AND
          REGULATE CHARGES OR RATES FOR SEWAGE TREATMENT
          TO PREMISES CONNECTED INDIRECTLY TO THE SANITARY
          SEWER SYSTEM OF THE TOWNSHIP      OF BLOOMFIELD,
          INCLUDING  EVERGREEN   AND  FARMINGTON   SANITARY
          SEWER SYSTEM".

    The Township of Bloomfield Ordains:


I   SECTION 1.01.

            That Ordinance No. 158, as amended, be amended by amending Section
    2.01 (a) and 2.01 (b) thereof to read as follows:

          Section 2.01 (a). Each premises not connected to the Township water
    system shall pay a quarterly charge of $86.95 for sewage disposal.

           Section 2.01 (b). For those premises connected to the Township water
    system the quarterly sewage disposal charge shall be $2.35 per 1000 gallons of
    water used by said premises for that quarter.

    SECTION 2.01 Repealer.

            Ordinance No. 522 is specifically repealed. 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    ordinances in conflict herewith are hereby repealed only to the extent necessary to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 3.01     Severability.




I
           Should any section, clause or phrase of this ordinance be declared by the
    court to be invalid, the same shall not affect the validity of this ordinance as a
    whole, or any part thereof, other than the part so declared to be invalid.

    SECTION 4.01 Savings.

           All proceedings pending and all rights and liabilities existing, acquired, or
    incurred at the time this amendatory ordinance takes effect are saved and may be
    consummated according to the law in force when they were commenced.

    SECTION 5.01 Adoption.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    TUESDAY, MAY 28,2002
    PAGE -2-



           Upon adoption, the provIsions of this ordinance shall take effect
    immediately upon publication in a newspaper circulated within said Township and


I   shall apply to all bills rendered for sewage disposal on or after July 1, 2002.

                                     WILMA S. COTTON, Township Clerk


                       CHARTER TOWNSHIP OF BLOOMFIELD
                             OAKLAND COUNTY, MICHIGAN

                      SUMMARY OF PROPOSED ORDINANCE NO. 528

                 AN ORDINANCE TO AMEND ORDINANCE NO. 158 AS
                 AMENDED, ENTITLED "AN ORDINANCE TO ESTABLISH
                 AND REGULATE CHARGES OR RATES FOR SEWAGE
                 TREATMENT TO PREMISES CONNECTED INDIRECTLY
                 TO THE SANITARY SEWER SYSTEM OF THE TOWNSHIP
                 OF   BLOOMFIELD,  INCLUDING  EVERGREEN   AND
                 FARMINGTON SANITARY SEWER SYSTEM".


    The Township of Bloomfield Ordains:



I   SECTION 1.01.
           That Ordinance No. 158, as amended, be amended by amending Section
    2.01(a) and 2.01(b) thereof to read as follows:
           Section 2.01 (a). Each premises not connected to the Township water
    system shall pay a quarterly charge of $86.95 for sewage disposal.
           Section 2.01 (b). For those premises connected to the Township water
    system the quarterly sewage disposal charge shall be $2.35 per 1000 gallons of
    water used by said premises for that quarter.
    SECTION 2.01 Repealer.
    SECTION 3.01 Severability.
    SECTION 4.01 Savings.
    SECTION 5.01 Adoption.

                                     WILMA S. COTTON, Township Clerk

    YEAS:        Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:        None

    MOTION WAS MADE by Yaw and supported by Devine to ACCEPT for
    consideration Ordinance No. 529, Water Rates. A summary of the proposed
    ordinance will be published in the Birmingham Eccentric prior to its adoption on



I   June 10th•


                       CHARTER TOWNSHIP OF BLOOMFIELD
                          OAKLAND COUNTY, MICHIGAN

                          PROPOSED ORDINANCE NO. 529

            AN ORDINANCE TO AMEND ORDINANCE NO. 87 AS AMENDED,
            ENTITLED "AN ORDINANCE ESTABLISHING RATES AND CHARGES
            FOR WATER SERVICE PROVIDED BY THE BLOOMFIELD TOWNSHIP
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    TUESDAY, MAY 28, 2002
    PAGE -3-


          WATER SYSTEM".

    The Township of Bloomfield Ordains:


I   SECTION 1.01.

           That Ordinance No. 87, as amended, be amended by amending Section
    5.01 to read as follows:

          Section 5.01 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 $2.50 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 $92.50.

    SECTION 2.01.

            Ordinance No. 523 is specifically repealed. 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.



I   SECTION 3.01.

           Should any section, clause or phrase of this ordinance be declared by the
    court to be invalid, the same shall not affect the validity of this ordinance as a
    whole, or any part thereof, other than the part so declared to be invalid.

    SECTION 4.01.

           All proceedings pending and all rights and liabilities existing, acquired, or
    incurred at the time this amendatory ordinance takes effect are saved and may be
    consummated according to the law in force when they were commenced.

    SECTION 5.01.

           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 July 1, 2002.

                                      WILMA S. COTTON, TOWNSHIP CLERK




I                       CHARTER TOWNSHIP OF BLOOMFIELD
                           OAKLAND COUNTY, MICHIGAN

                       SUMMARY OF PROPOSED ORDINANCE NO. 529

           AN ORDINANCE TO AMEND ORDINANCE NO. 87 AS AMENDED,
           ENTITLED "AN ORDINANCE ESTABLISHING RATES AND CHARGES
           FOR WATER SERVICE PROVIDED BY THE BLOOMFIELD TOWNSHIP
           WATER SYSTEM".

    The Township of Bloomfield Ordains:
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    TUESDAY, MAY 28,2002
    PAGE -4-




    SECTION 1.01.
            That Ordinance No. 87, as amended, be amended by amending Section


I   5.01 to read as follows:
            Section 5.01 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 $2.50 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 $92.50.
    SECTION 2.01. Repealer.
    SECTION 3.01. Severability.
    SECTION 4.01. Savings.
    SECTION 5.01. Adoption.

                                      WILMA S. COTTON, TOWNSHIP CLERK


    YEAS:        Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:        None

    Wayne Domine, Superintendent of the Water and Sewer Department, reviewed
    the need and timing for proceeding with the Department of Public Works (DPW)


I   Sanitary Sewer Extension. Payment for the project will be from the Water and
    Sewer Replacement Fund. Two bids were received. The low bid by Yates
    Construction was below the engineer's estimate of the project. MOTION WAS
    MADE by Yaw and supported by Devine to ACCEPT the low bid and AWARD the
    contract for the DPW Sanitary Sewer Extension to Yates Construction of Oxford,
    Michigan, in the amount of $55,975.00.

    YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:         None

    Both Supervisor Payne and Clerk Cotton reviewed the history relative to the
    proposed four-unit cluster development at 1-75 and Squirrel Road. The Township
    Board originally approved the site plan in 1990, and granted several extensions
    with the last one being in 1996. Over the years the property has changed
    ownership several times. Current owner Frank Asmar of Bloomfield Developing
    was present requesting renewal of the 1990 site plan. Residents were notified of
    the meeting by first class mail. Michael Caponi of 1978 Squirrel Valley Drive wants
    the development to proceed. However, he wants the developer to remedy the
    erosion problems on his property that were created when trees on the cluster site
    were cut six years ago. Also, dumping on the cluster site continues to be a
    problem. Asmar indicated he has removed debris and has even put a locked


I
    cable over the entrance to the site, only to have someone cut the cable. Residents
    want to make sure the fire hydrant that was removed from Squirrel Road and
    placed on this property actually works.

    MOTION WAS MADE by Yaw and supported by Devine to APPROVE renewing
    the site plan that was approved in 1990 for a four-unit attached cluster
    development on the 1.34 acre parcel at Squirrel Road and 1-75, Section 1. There
    are no changes to the original site plan.

    YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:         None
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    TUESDAY, MAY 28,2002
    PAGE -5-



    Treasurer Devine took a moment to inform those present that Public Hearings will
    be held on June 5th and 6th relative to a Planning/Environment Study for the


I   widening of 1-75. People should attend to voice their opinions, especially
    concerning sound barrier walls. Informational flyers are available in the back of the
    room.

    MOTION WAS MADE by Tobias and supported                by Roncelli at ADOPT the
    following Traffic Control Orders:

       SS 517-03-02 Revision #1        The installation of stop signs in Bloomfield
                                       Heights Subdivision.

       YS 132-03-75 Revision # 1       The installation of yield signs in Bloomfield
                                       Heights Subdivision.

        SS 519-03-02                   The installation of stop signs in Bloomfield
                                       Manor Subdivision.

    YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:         None

    Guido Grassi and a representative from Kieft Engineering presented the request to
    adjust the lot lines for lots 24-29 and 49-63, Hadsells Addition to Bloomfield


I   Highlands Subdivision, reducing the number of lots from 21 to 17. Clerk Cotton
    had concerns relative to proposed lot "A" cutting into the front yard of the existing
    house and the road paving Grassi proposes in front of that lot. She suggested that
    Grassi discuss the paving issue with Gerald Marenger, Superintendent of the
    Township's Road Department.        Since Grassi is purchasing the lots on land
    contract, he needs to provide the Township with a written document from the legal
    owners that they consent to what is being proposed on their land. Grassi indicated
    he has not had any discussions with the surrounding residents. MOTION WAS
    MADE BY Yaw and supported by Devine to TABLE until June 10th the lot line
    adjustments for lots 24-29 and 49-63, Bloomfield Highlands Subdivision, Section 4,
    and notify surrounding property owners by first class mail.

    YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:         None

    Jerry Marenger, Superintendent of the Road Department, reviewed the proposal to
    replace two older tandem axle trucks. Although bids were solicited from the top
    three equipment companies in the area, only one company responded. MOTION
    WAS MADE by Cotton and supported by Devine to ACCEPT the bid and AWARD
    the contract for two tandem axle trucks, 2003 Volvo Cab and chassis, model
    VHD64BDAY or equivalent to VIP Truck Center of Livonia, Michigan in the amount



I
    of $177,450. The funds have been budgeted in the 2002-03 budget.

    YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:         None

    MOTION WAS MADE by Cotton and supported by Roncelli to AUTHORIZE
    payment of payroll and vouchers A016891-A016919, B089932-B090061,
    E000565-E000570 totaling $1,542,953.89.

    YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:         None
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    TUESDAY, MAY 28, 2002
    PAGE -6-




    Supervisor Payne said the Board needs to go into a Closed Session to discuss
    material exempt from disclosure by state statute, namely, pending litigation and a


I   legal opinion from the Township attorneys, exempt from disclosure under the
    Freedom of Information Act based upon attorney-client privilege. MOTION WAS
    MADE by Devine and supported by Roncelli to ADJOURN to a Closed Session.
    The Board will not return to Open Session.

    YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Stefanes, RonceJli
    NAYS:         None

    Meeting adjourned.




                                       WILMA S. COTTON                      .
                                       TOWNSHIP CLERK




    TABLED ITEM:

            Consider lot line adjustments for lots 24-29 and 49-63, reducing the number
            of lots from 21 to 17, Hadsells Addition to Bloomfield Highlands Subdivision,
            Sec. 4.


    mjg




I
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JUNE 10, 2002
    PAGE -1-


    PRESENT:      Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    ABSENT:       None




I   8:00 P.M. PUBLIC HEARING - S.A.D. NO. 392: Payne called the Public Hearing to
    order for consideration of sanitary sewer extension on Old Orchard, Braes of
    Bloomfield Subdivision, Section 30. Wayne Domine, Superintendent of the Water
    and Sewer Department, explained that this district consists of 11 sites with an
    estimated cost of $16,700.00 per site. Signatures on the petition represent 71.6%
    of the landowners, which have been verified at the Oakland County Register of
    Deed's Office. Residents were notified of the meeting by first class mail.

    MOTION WAS MADE by Yaw and supported by Cotton to proceed to the second
    public hearing on MONDAY, July 22, 2002, and adopt Resolutions 3 and 4 as
    follows:

    RESOLUTION 3 S.A.D. NO. 392:

           WHEREAS, a petition has been filed with the Township Board of the
    Township of Bloomfield pursuant to Act 188, Public Acts of Michigan, 1954, signed
    by seventy-one point six percent (71.6%) of the record owners, as shown by the
    records in the Register of Deed's Office, who collectively own not less than seventy-
    one point six percent (71.6%) of the total land area of the improvements set forth in
    said petition, requesting construction of the following improvements:


I   Construction of sanitary sewer and appurtenances as follows:

           Beginning at an existing sanitary manhole located in the intersection
           of Westmoor Road and Old Orchard Road, extend a 10-inch sanitary
           sewer approximately 1010 feet north along Old Orchard Road to a
           terminus manhole.

           AND WHEREAS, the Township Board has caused to be prepared by the
    Township Engineers, plans showing the improvements and location thereof and an
    estimate of the cost thereof,

           AND WHEREAS, after due and legal notice, the Township Board has met
    and heard all persons interested with respect to the petition, the improvements and
    the special assessment district.

           NOW THEREFORE BE IT RESOLVED THAT:

           1.   The Township Board hereby determines to make the proposed
    improvements as described in the 3rd preamble paragraph hereto.




I
           2.      The Township Board hereby approves the plans and estimate of cost
    in the sum of $183,700. as originally prepared and presented by the Township
    Engineers, and hereby determines that the petition for the improvements described
    above is sufficient.

          3.    The Township Board finally determines that the following special
    assessment district shall consist of the following described lots and parcels of land:

           T2N, R10E, Section 30, The Braes of Bloomfield Subdivision, Lots 32
           through 39, inclusively.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JUNE 10, 2002
    PAGE -2-


           T2N, R10E, Section 30, The Braes of Bloomfield Subdivision, Lot 40,
           also Nly part of Lot 41 meas 31.88 ft alg front lot line & 0 ft alg rear lot
           line (19-30-327-018).


I          T2N, R10E, Section 30, The Braes of Bloomfield Subdivision, Lot 41,
           exc Nly part meas 31.88 ft alg front lot line & 0 ft alg rear lot line (19-
           30-327-019).

           T2N, R10E, Section 30, The Braes of Bloomfield Subdivision, Lot 42.

           All in Bloomfield Township, Oakland County, Michigan.

           4.      The Supervisor is hereby directed to make a special assessment roll
    in which shall be described all the parcels of land to be assessed as set forth above
    with the names of the owners thereof, if known, and the total amount to be
    assessed against each parcel of land, which amount shall be such relative portion
    of the whole sum to be levied against all parcels of land in the assessment district
    as the benefit to such parcel of land bears to the total benefit to all parcels of land in
    the special assessment district.

            5.      When the Supervisor shall have completed the special assessment
    roll, he shall affix thereto his certificate stating that the roll was made pursuant to a
    resolution of the Township Board of the Charter Township of Bloomfield, adopted
    June 10, 2002, and that in making the assessment roll he has according to his best


I
    judgment conformed in all respects to the directions contained in said resolution
    and the statutes of the State of Michigan and the Supervisor shall then report the
    special assessment roll with his certificate attached thereto to the Township Board.

    RESOLUTION 4 S.A.D. NO. 392:

           TO THE OWNERS OF THE FOLLOWING DESCRIBED PROPERTIES:

           T2N, R10E, Section 30, The Braes of Bloomfield Subdivision, Lots 32
           through 39, inclusively.

           T2N, R10E, Section 30, The Braes of Bloomfield Subdivision, Lot 40,
           also Nly part of Lot 41 meas 31.88 ft alg front lot line & 0 ft alg rear lot
           line (19-30-327-018).

           T2N, R10E, Section 30, The Braes of Bloomfield Subdivision, Lot 41,
           exc Nly part meas 31.88 ft alg front lot line & 0 ft alg rear lot line (19-
           30-327-019).

           T2N, R10E, Section 30, The Braes of Bloomfield Subdivision, Lot 42.




I          All in Bloomfield Township, Oakland County, Michigan.

    PLEASE TAKE NOTICE THAT a Special Assessment Roll has been prepared and
    is on file in the office of the Township Clerk for public examination. Said Special
    Assessment Roll has been prepared for the purpose of assessing the cost of the
    following described improvements to the above described properties which are to
    be benefited therefrom:

    Construction of sanitary sewer and appurtenances as follows:
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JUNE 10, 2002
    PAGE -3-


          Beginning at an existing sanitary manhole located in the intersection
          of Westmoor Road and Old Orchard Road, extend a 10-inch sanitary
          sewer approximately 1010 feet north along Old Orchard Road to a


I         terminus manhole.

    TAKE FURTHER NOTICE THAT the Township Board will meet at the Bloomfield
    Township Hall, 4200 Telegraph Road, in the Township at 8:00 P.M. on Monday,
    July 22, 2002, for the purpose of reviewing said Special Assessment Roll and
    hearing any objections thereto.

    YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:         None

    MOTION WAS MADE by Yaw and supported by Cotton to CLOSE the Public
    Hearing for S.A.D. 392, sanitary sewer extension on Old Orchard, Braes of
    Bloomfield Subdivision, Section 30.

    YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:         None

    In deference to the many residents present, Supervisor Payne requested the
    Board consider hearing the lot line adjustment issue at this time. MOTION WAS
    MADE by Yaw and supported by Devine to REMOVE the lot line adjustment
    request for lots 24-29 and 49-63, Hadsells Addition to Bloomfield Highlands from


I
    the Table. Jim Scharl of Kieft Engineering presented the request to adjust the lot
    lines for lots 24-29 and 49-63, reducing the number of lots from 21 to 17. Guido
    Grassi, developer and land contract purchaser of the property, was not present.
    Scharl stated they would build the roads, water and sewer lines and all other
    required improvements. The roads will be curb and gutter. The Township
    planner has reviewed the proposal and the lots conform to the Township zoning
    requirements. Since Grassi is purchasing the property on land contract, Attorney
    Hampton wanted to know if he has submitted documentation from the legal
    owners of record stating they approve of his lot line adjustment proposal. Clerk
    Cotton confirmed that she has received the necessary documentation. The
    petitioner has met with Jerry Marenger of the Township Road Department and
    resolved the road paving issue. When questioned about the removal of trees on
    the heavily wooded lots, Scharl indicated only the bare minimum needed for
    construction would be removed. However, in order to alleviate any drainage
    problems, especially for the houses abutting the north side of the sites, additional
    trees may need to be removed. Cotton was adamant that hand digging be used,
    if at all possible, for installation of the sewer and water lines to avoid removal of
    any additional trees.

    Surrounding property owners were notified of the meeting by first class mail. Jay
    Baldwin of 116 W. Highland had questions relative to the sizes of the proposed


I
    lots and houses. Since Grassi was not present, Scharl could only speculate that
    the houses would cost be between $200,000 and $300,000 and would fit into the
    required building envelopes.      The lots meet the Township's ordinance
    requirements. There will be no additional lot splits requested or approved on
    these lots. Grassi will meet with Tom Biehl, engineer with Hubbell, Roth and
    Clark, to address the engineering requirements. Scharl indicated only lots I and
    J lend themselves to walkout basements.

    MOTION WAS MADE BY Yaw and supported by Roncelli to APPROVE the lot
    line adjustments as requested for lots 24-29 and 49-63, reducing the number of
    lots from 21 to 17, Hadsells Addition to Bloomfield Highlands Subdivision,
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JUNE 10, 2002
    PAGE -4-


    Section 4. Grassi must submit two copies of the new legal descriptions to the
    Township Clerk.



I   YEAS:
    NAYS:
                 Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
                 None

    The Board minutes of May 28, 2002 were approved as printed.

    MOTION WAS MADE by Yaw and supported by Cotton to ADOPT Ordinance
    No. 528, Sewer Rates. This ordinance was introduced to the Board at their June
    10, 2002 meeting. Board members received both a summary and a complete
    copy of the ordinance.


                        CHARTER TOWNSHIP OF BLOOMFIELD
                           OAKLAND COUNTY, MICHIGAN

                                     ORDINANCE NO. 528

            AN ORDINANCE    TO AMEND ORDINANCE    NO. 158 AS
            AMENDED, ENTITLED "AN ORDINANCE TO ESTABLISH AND
            REGULATE CHARGES OR RATES FOR SEWAGE TREATMENT
            TO PREMISES CONNECTED INDIRECTLY TO THE SANITARY
            SEWER SYSTEM OF THE TOWNSHIP      OF BLOOMFIELD,


I           INCLUDING  EVERGREEN
            SEWER SYSTEM".
                                   AND


    The Township of Bloomfield Ordains:
                                        FARMINGTON   SANITARY




    SECTION 1.01.

            That Ordinance No. 158, as amended, be amended by amending Section
    2.01 (a) and 2.01 (b) thereof to read as follows:

          Section 2.01 (a). Each premises not connected to the Township water
    system shall pay a quarterly charge of $86.95 for sewage disposal.

           Section 2.01(b). For those premises connected to the Township water
    system the quarterly sewage disposal charge shall be $2.35 per 1000 gallons of
    water used by said premises for that quarter.

    SECTION 2.01 Repealer.

            Ordinance No. 522 is specifically repealed. All ordinances or parts of
    ordinances in conflict herewith are hereby repealed only to the extent necessary to


I   give this ordinance full force and effect.

    SECTION 3.01     Severability.

           Should any section, clause or phrase of this ordinance be declared by the
    court to be invalid, the same shall not affect the validity of this ordinance as a
    whole, or any part thereof, other than the part so declared to be invalid.

    SECTION 4.01 Savings.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JUNE 10,2002
    PAGE -5-


           All proceedings pending and all rights and liabilities existing, acquired, or
    incurred at the time this amendatory ordinance takes effect are saved and may be
    consummated according to the law in force when they were commenced.


I   SECTION 5.01 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 sewage disposal on or after July 1, 2002.

    This Ordinance is hereby declared to have been adopted by the Township Board
    of the Charter Township of Bloomfield in a meeting thereof duly held and called on
    the 10th day of June, 2002.


                                       WILMA S. COTTON, TOWNSHIP CLERK


                        CHARTER TOWNSHIP OF BLOOMFIELD
                              OAKLAND COUNTY, MICHIGAN

                              SUMMARY OF ORDINANCE NO. 528

                 AN ORDINANCE TO AMEND ORDINANCE NO. 158 AS


I           AMENDED, ENTITLED "AN ORDINANCE TO ESTABLISH AND
            REGULATE CHARGES OR RATES FOR SEWAGE TREATMENT
            TO PREMISES CONNECTED INDIRECTLY TO THE SANITARY
            SEWER SYSTEM OF THE TOWNSHIP      OF BLOOMFIELD,
            INCLUDING  EVERGREEN   AND  FARMINGTON  SANITARY
            SEWER SYSTEM".


    The Township of Bloomfield Ordains:

    SECTION 1.01.
            That Ordinance No. 158, as amended, be amended by amending Section
    2.01 (a) and 2.01 (b) thereof to read as follows:
            Section 2.01 (a). Each premises not connected to the Township water
    system shall pay a quarterly charge of $86.95 for sewage disposal.
            Section 2.01(b). For those premises connected to the Township water
    system the quarterly sewage disposal charge shall be $2.35 per 1000 gallons of
    water used by said premises for that quarter.
    SECTION 2.01 Repealer.
    SECTION 3.01 Severability.
    SECTION 4.01 Savings.


I   SECTION 5.01 Adoption.




    YEAS:
                                       WILMA S. COTTON, TOWNSHIP CLERK

                  Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:         None

    MOTION WAS MADE by Cotton and supported by Roncelli to ADOPT Ordinance
    No. 529, Water Rates. This ordinance was introduced to the Board at their June
    10, 2002 meeting. Board members received both a summary and a complete
    copy of the ordinance.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JUNE 10, 2002
    PAGE -6-




                        CHARTER TOWNSHIP OF BLOOMFIELD
                           OAKLAND COUNTY, MICHIGAN


I                                 ORDINANCE NO. 529

          AN ORDINANCE TO AMEND ORDINANCE NO. 87 AS AMENDED,
          ENTITLED "AN ORDINANCE ESTABLISHING RATES AND CHARGES
          FOR WATER SERVICE PROVIDED BY THE BLOOMFIELD TOWNSHIP
          WATER SYSTEM".

    The Township of Bloomfield Ordains:

    SECTION 1.01.

           That Ordinance No. 87, as amended, be amended by amending Section
    5.01 to read as follows:

          Section 5.01 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 $2.50 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


I
    a premises is connected to the system and a meter has not been installed, the
    quarterly charge for water service shall be $92.50.

    SECTION 2.01.

            Ordinance No. 523 is specifically repealed. 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 3.01.

           Should any section, clause or phrase of this ordinance be declared by the
    court to be invalid, the same shall not affect the validity of this ordinance as a
    whole, or any part thereof, other than the part so declared to be invalid.

    SECTION 4.01.

           All proceedings pending and all rights and liabilities existing, acquired, or
    incurred at the time this amendatory ordinance takes effect are saved and may be
    consummated according to the law in force when they were commenced.




I
    SECTION 5.01.

           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 July 1, 2002.

    This Ordinance is hereby declared to have been adopted by the Township Board
    of the Charter Township of Bloomfield in a meeting thereof duly held and called on
    the 10th day of June, 2002.

                                       WILMA S. COTTON, TOWNSHIP CLERK
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JUNE 10, 2002
    PAGE -7-




                       CHARTER TOWNSHIP OF BLOOMFIELD


I                         OAKLAND COUNTY, MICHIGAN

                             SUMMARY OF ORDINANCE NO. 529

            AN ORDINANCE TO AMEND ORDINANCE NO. 87 AS AMENDED,
            ENTITLED "AN ORDINANCE ESTABLISHING RATES AND CHARGES
            FOR WATER SERVICE PROVIDED BY THE BLOOMFIELD TOWNSHIP
            WATER SYSTEM".

    The Township of Bloomfield Ordains:

    SECTION 1.01.
            That Ordinance No. 87, as amended, be amended by amending Section
    5.01 to read as follows:
            Section 5.01 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 $2.50 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 $92.50.
    SECTION 2.01. Repealer.
    SECTION 3.01. Severability.
    SECTION 4.01. Savings.
    SECTION 5.01. Adoption.

                                      WILMA S. COTTON, TOWNSHIP CLERK


    YEAS:        Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:        None

    MOTION WAS MADE by Cotton and supported              by Roncelli to ADOPT the
    following High Strength Surcharge Resolution:

                                     RESOLUTION


           WHEREAS, the U.S. District Court in case of U.S.A. v. State of Michigan,
    No. 77-71100 per Order dated July 27,1981, ordered the collection effective July
    1, 1981, of certain charges as set forth herein; and




I
           WHEREAS, the City of Detroit and the Oakland County Department of
    Public Works have informed the Township of certain rate increases for sewage
    disposal effective July 1, 2001; and

          WHEREAS, Section 2.01(c) of Ordinance No. 158 of the Township of
    Bloomfield provides that services for which a special rate should be established
    may be such as established by resolution of the Township Board; and

           WHEREAS, it is necessary to levy a high strength surcharge and a
    nonresidential flow surcharge as defined herein.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JUNE 10, 2002
    PAGE -8-


            NOW, THEREFORE, effective on billings rendered on or after July 1, 2002,
    the following charges for services shall be made to-wit:




I         A.     HIGH STRENGTH SURCHARGE

                  A high strength surcharge shall be levied against industrial and
    commercial customers contributing sewage to the system with concentration of
    pollutants exceeding the levels described as follows:

                 (a)      275 Milligrams per liter (mg/1) of Biochemical
                          Oxygen Demand (BOD)

                (b)  350 milligrams per liter (mg/1) of Total
          Suspended Solids (TSS)

                 (c)        12 milligrams per liter (mg/1) of Phosphorus
          (P)

                (d)    100 milligrams per liter (mg/1) of Fats, Oils
          and Grease (FOG)

                                                        Total Charge per Pound
    Amounts of High Strength Surcharge                  of Excess Pollutants

    Biochemical Oxygen Demand (BOD)                              $0.254
    Total Suspended Solids (TSS)                                  0.319
    Phosphorus (P)                                                3.249
    Fats, Oils and Grease (FOG)                                   0.049

            Normal domestic customers do not contribute sewage with concentrations
    of pollutants exceeding the above levels, therefore, High Strength Surcharge will
    not apply to domestic customers. Further, the above High Strength Surcharge
    shall not apply to restaurants.

          The surcharge shall not be based upon the parameters assigned to each
    user by regulations established by Environmental Protection Agency (EPA) under
    Water Pollution Control Act of 1972, as amended by (PL 92-500).

           B.     NON-RESIDENTIAL FLOW SURCHARGE

           Non-residential users shall be defined as all users other than structures
    designed for habitation including but not limited to single family homes, apartment
    dwellings, condominiums, townhouses and mobile homes.

            The Non-residential Flow Surcharge shall be based on the size of the water



I
    meter used by the non-residential user of the system in accordance with the
    following schedule:

                  Meter Size                     Quarterly Charge
                   5/8"                              $ 15.03
                   3/4"                                 22.53
                   1"                                   37.56
                   1 1/2"                               82.62
                   2"                                 120.18
                   3"                                 217.86
                   4"                                 300.48
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JUNE 10, 2002
    PAGE -9-


                   6"                              450.72
                   8"                              751.20
                   10"                           1,051.68


I                  12"                           1,201.92

          Where metered water is not available, an "assigned water meter size" shall
    be designated based on the current Oakland County Department of Public Works
    schedule of the unit assignment factors in accordance with the following schedule:

                  Units Assigned             Assigned Water Meter Size
                     1-4                            5/8" & 3/4"
                    5 -10                              1"
                    11 - 20                             11/2"
                   21 - 32                              2"
                   33 - 64                              3"
                   65 - 100                            4"
                   101 - 200                           6"

            WHEREAS, the foregoing levy of a high strength surcharge and non-
    residential flow surcharge, as ordered by the U.S. District Court in the case of the
    U.S.A. v. State of Michigan, No. 77-711-- per Order dated July 27, 1981, is
    effective on bills rendered on or after July 1, 2002.

            NOW, THEREFORE, BE IT RESOLVED, that the Township Board


I
    resolution dated June 25, 2001, related to high strength surcharge and non-
    residential flow surcharge is hereby rescinded.

    YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:         None

    Supervisor Payne reviewed the following letter from Chief District Judge Kimberly
    Small relative to the appointment of four new magistrates. Small wrote:

    The Court is currently in the process of replacing the four part-time magistrates
    whose terms have expired. As you know, the four part-time magistrates are the
    functional equivalent of one full-time magistrate.

    As a result, the Judges have reviewed the over 250 resumes submitted and have
    selected four people they would like to appoint. The preferred applicants are:
    Howard Linden, Kathleen Trott, Julie Nelson-Klein and Peter Mansour. All are
    exceptionally well-qualified and registered electors of the district.

    The law provides that the appointments are subject to approval "by governing
    body or bodies of the district control unit or units which, individually or in the
    aggregate contain more than 50 percent of the population of the district". MCL



I
    600.850(2). We are requesting that you add this matter to a meeting agenda as
    soon as it is convenient.

    Prior to acting as magistrate, each of the new appointees will complete a training
    program established by the Michigan Judicial Institute, which is the training arm
    of the Michigan Supreme Court.

    If you have any questions, please do not hesitate to contact Jim Harkins or me.
    Signed Kimberly Small.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JUNE 10, 2002
    PAGE -10-


    MOTION WAS MADE by Cotton and supported by Roncelli to APPOINT Howard
    Linden, Kathleen Trott, Julie Nelson-Klein and Peter Mansour as part-time 48th
    District Court magistrates.


I   YEAS:
    NAYS:
                 Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
                 None

    Leslie Helwig, Bloomfield Township Cable Coordinator, gave a brief synopsis of
    the cable complaints since last October, which are decreasing. Helwig feels
    Comcast is working with the Township administration to resolve the issues in our
    franchise agreement, particularly phone accessibility. Mike DiMaria of Comcast
    was present. MOTION WAS MADE by Devine and supported by Cotton to
    APPROVE the following resolution relative to the change in control of the cable
    franchise:

                       CHARTER TOWNSHIP OF BLOOMFIELD

               RESOLUTION GRANTING CONSENT TO THE CHANGE
                   IN CONTROL OF THE CABLE FRANCHISE

          WHEREAS, Comcast Corporation is the parent company of Comcast
    Cable Vision of the South, Inc., which is the current cable franchisee of the
    CHARTER TOWNSHIP OF BLOOMFIELD; and,

          WHEREAS, Comcast Corporation and AT&T Corp. propose to merge their

I   cable operations into the new AT&T Comcast Corporation (the "Transaction");
    and,

           WHEREAS, Comcast Corporation submitted an application on March 5,
    2002, for franchise authority consent to the Transaction; and,

           WHEREAS, the Charter Township of Bloomfield, hereinafter referred to as
    the "Township" was relying upon such information as contained in the FCC Form
    394 Application and related documents and acted upon the application for
    franchising authority consent. The Township intends to consent to the transfer
    pursuant to the acceptance of the terms and conditions set forth herein with the
    hopes that such consent is within the best interest of the Township.

        NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BLOOMFIELD
    TOWNSHIP BOARD OF TRUSTEES AS FOLLOWS:

           1.      The Township does hereby consent to change in control of the
    franchisee arising from the Comcast AT&T Broadband Corporation merger
    substantially in the manner described in the Agreement and Plan of Merger dated
    December 19,2001, subject to the following conditions:


I                A. The automatic revocation of the Township's approval if the
                    Agreement and Plan of Merger is not consummated by June 30,
                    2003, or such Agreement is terminated prior to that time without
                    the same having been consummated;

                 B. That AT&T Comcast Corp, will promptly notify the Township of
                    any material change in service or operation of the Township
                    cable system, or change in the personnel directly responsible
                    for the operation of the Township's systems as a result of the
                    consent;
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JUNE 10, 2002
    PAGE -11-



                 C. The prompt remediation of all existing defaults under the current
                    cable franchise agreement with the Township as may have


I                   previously been noticed in writing by the Township which have
                    not been remedied by prior action or agreement of the
                    franchisee and the Township; and

                 D. Reimbursement in accordance with the Franchise Agreement
                    within thirty (30) days after receipt by Comcast, or AT&T
                    Comcast Corp. or any parties to the Agreement and Plan of
                    Merger of December 19, 2001, for all reasonable out of pocket
                    expenses incurred by the Township including attorney fees
                    which are attributable to the Township's consent and
                    consideration of the transfer application.

          2.      The Township's consent to the change of control in the franchisee
          arising from the merger which shall be effective immediately subject to the
          effective date of the merger and the above conditions and to the further
          requirements that AT&T Comcast Corporation shall notify the Township
          promptly upon the date of the merger described in the Agreement and
          Plan of Merger dated December 29, 2001. The Township is hereby
          authorized to enter into, execute and deliver the Certificate along with
          such other documents, as may be necessary evidencing this Resolution
          without further act or resolution of the governing body.


I   YEAS:
    NAYS:
                 Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
                 None

    Supervisor Payne reviewed the following memo dated June 4, 2002, that Board
    members received in their packets relative to the realignment of Building and
    Zoning Enforcement Under A Planning Director. Payne wrote:

    Background

    In 1976, in response to a need to enforce zoning ordinances, the Township hired
    its' first zoning ordinance compliance officer. This individual was assigned to
    work out of the building department under the direction of the department head.
    Due to ineffective leadership and management in the building department, the
    zoning compliance officers were moved upstairs under the direction of the
    administration, i.e., the supervisor, clerk and treasurer in the late 80's. Since
    then, the efforts of zoning enforcement and the building department have
    coordinated independent of each other.

    In the early 90's we anticipated downsizing our building department largely due
    to the lack of land to develop. However, since that time, given the value of


I
    property in the Township, we have experienced significant activity in the
    redevelopment of large lots and additions. We expect building activity to
    continue to grow for the foreseeable future.

    Issues relating to zoning ordinance compliance also continue to increase. The
    redevelopment of existing areas creates more issues for residents. Maintaining
    Township standards as they relate to property maintenance, zoning ordinances
    and the overall quality of our community will continue to demand a great deal of
    effort on our part.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JUNE 10, 2002
    PAGE -12-


    The Township is fortunate to have two individuals who oversee the activities of
    zoning compliance (Kaye Chartier) and the building department (Brenda
    Campbell) who do an exceptional job for the Township.


I   To date, the Township has used exclusively the services of a private planning
    consultant. For a number of decades these services have been provided by
    Vilican, Leman & Associates under the direction of Chuck Leman. This
    arrangement has served the Township well. However, it is inevitable that Chuck
    will retire and at the current time we do not have another individual at the firm we
    have established a working relationship with.

    Future Township Needs and Issues

    At some point in the future the property currently in dispute on North Telegraph
    will be developed. While we don't know at this point the exact scope of the
    development, there is the possibility it may be the most intense development
    ever experienced in the Township. If a project proceeds, our plan review process
    and internal administrative process for dealing with development issues will
    require extensive review and revamping to handle the load.

    Moreover, the Showcase Cinema property on the west side of Telegraph is for
    sale and we also know the theaters on the east side may be sold. There also
    have been rumors of the sale of Bloomfield Town Square. These possibilities
    present major challenges for the redevelopment of North Telegraph and the
    results will have a significant impact on the quality of life in the Township for

I   many years.

    We also continue to see old homes in large lot subdivisions being demolished
    and rebuilt with much larger homes or significant additions being built onto
    existing homes. This trend will continue and present unique challenges for
    zoning compliance and the building department, which require coordination and
    continuity of efforts.

    Proposal

    In order to prepare and position the Township with the needs of the future, as
    well as to improve the overall efficiency and operating needs of the present, it is
    recommended that the Township Board authorize the creation of the position of
    Planning Director.

    The Planning Director would be a department head position with responsibilities
    over zoning compliance and the building department. This individual would also
    assist the administration in the review and evaluation of development proposals
    and provide the necessary recommendations to the Planning Commission and
    the Township Board. This individual would also be responsible for assisting the


I
    administration in the drafting of regulatory ordinances and zoning ordinances
    necessary to protect and preserve the overall integrity of development and other
    related matters in the Township.

    As stated earlier, Kaye Chartier and Brenda Campbell do an exceptional job for
    the Township and therefore, there would be no change in their status or
    responsibilities. The Planning Director would provide the coordination of their
    efforts.

    Listed below are a number of advantages related to this position for your
    consideration:
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JUNE 10, 2002
    PAGE -13-




              •   A professional planner on staff would afford the public an
                  opportunity to meet directly with the staff planner on a variety


I             •
                  of planning related issues, which would expand the public
                  services offered by the Township.

                  It would also allow property owners, developers, community
                  groups, technical professionals and elected and appointed
                  officials to seek advice on, and if necessary, translate the
                  planning principles and processes established by the
                  Township.

              •   The costs associated with bringing on a staff planner can be
                  offset by revising the review and application fees, which
                  require action by the planner.

              •   A staff planner can more directly assist other departments
                  needing planning input, i.e., engineering, building, fire, etc.

              •   A staff planner provides continuity and becomes a part of the
                  day-to-day administration and has the advantage of
                  familiarity with the specific problems to be addressed and
                  evaluate those matters most demanding of attention.



I             •   The Planning Commission has technical advice immediately
                  available with a s,taff planner and direct contact with the
                  applicant can be maintained.

              •   A consulting firm can also be employed on an "as needed"
                  basis to assist in broader planning projects in concert with
                  the duties of the staff planner.

              •    When planning disputes reach the courts, attorneys and
                  judges often focus on the expertise and decisions by a staff
                   planner. A professional planner on staff who seeks to meet
                   the local and state provisions governing planning, zoning
                   and land division issues may result in diverting potential
                   legal disputes. A staff planner is accustomed to working with
                   attorneys representing property owners, etc. to find a more
                   constructive means of solving disputes.

              •   Adding the responsibility of overseeing the building review
                  and inspection process can improve the coordination and
                  communication between planning and building activities.



I   In addition to the above, the Charter Township Act requires each Township to
    update its zoning book every 10 years.          Despite our best efforts, the
    administration has not had ample time to complete this task. This, however, is a
    task that could be accomplished by a planning director under the supervision and
    direction of the administration.

    Also, having the planning director directly involved in the development of zoning
    and building regulatory ordinances reduces our dependency on our attorneys
    and thus the costs of legal fees. While our attorneys will still be involved, it
    should be to a lesser degree. Additionally, while it will remain necessary to use
    planning consultants, our dependency should diminish saving additional costs.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JUNE 10, 2002
    PAGE -14-




    Cost of Proposal



I   This position would be funded from our Building Department Fund. As Board
    members may recall, the revenues generated to support this budget come strictly
    from permit and other review fees. No revenues from the General Fund or
    property taxes are used to support this budget. We currently have a fund
    balance of approximately $120,000. Our current fee structure may need to be
    evaluated depending on permit activity. However, our fees are generally in the
    mid range compared to other communities.

    As stated earlier, the Planning Director will be a department head position with a
    salary range of $75,000 to $80,000 depending on qualifications and negotiations.

    Candidate

    Patti McCullough, the Planning Director from the City of Birmingham, has
    expressed an interest in the job. She serves in the same capacity as proposed
    above and was an active participant in the 425 Agreement between the
    Township and the City. Her resume' is attached for your review and
    demonstrates her exceptional qualifications for the position. Over the years the
    Township has enjoyed a good working relationship with Ms. McCullough.

    Ms. McCullough has been with the City since 1985 and at this point is interested
    in making a change in employment. She has enjoyed her relationship with the

I   Township and is interested in this position should the Board consider the creation
    of the proposed position. She comes highly recommended by Tom Markus, the
    City Manager, and I have been assured her possible employment with the
    Township will not in any way effect the excellent working relationship we have
    developed with the City Commission.

    The Township has benefited greatly from decades of well conceived planning
    and zoning and its willingness to recognize and adjust to the needs of the
    community and development trends. I believe that with our current staff and the
    addition of a Planning Director as proposed, the Township will be in a strong
    position to adapt to future planning challenges.

    Thank you for your consideration of this proposal. If you have any questions,
    please contact me.

    Payne also gave the Board the following Planning Director Comparable Salary
    Study:

                                   Planning Director
                                Comparable Salary Study



I                              Farmington Hills
                               Troy
                               Novi
                                                          $ 85,072
                                                          $109,371
                                                          $ 76,731
                               Canton                     $ 84,600
                               West Bloomfield Twp.       $ 75,625
                               Waterford Twp.             $ 81,530
                               Rochester Hills            $ 74,328
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JUNE 10, 2002
    PAGE -15-


    Clerk Cotton gave each Board member a copy of a memo she prepared in
    response to Payne's memo. She is opposed to the Planning Director proposal.
    She requests the Board either table this item or be given time to read and review


I   her memo. Payne gave the Board time to read and review Cotton's memo.

    Cotton requested that her June 10, 2002, memo be included in the minutes.

        I trust you have read Mr. Payne's memo of June 4, 2002, proposing to
    reorganize building and zoning enforcement under a new Planning Director
    Position. Mr. Payne was incorrect when he advised that the zoning compliance
    officers were relocated from the Building Department in the late 1980's because
    of ineffective management. The ordinance officer was relocated to the Clerk's
    office so that the Clerk and Supervisor could communicate with him more readily.
    A second ordinance officer was added to the staff in

    Being that the Clerk's office is the first contact for violation, is the keeper of the
    Ordinances, receives the Zoning Board of Appeals applications, sends out
    notices, sets the agenda and prepares the packets for the Board members, the
    Supervisor and Clerk thought it advantageous to have the officer(s) close at
    hand. The Clerk also sits as an alternate on the Zoning Board of Appeals. The
    officers however, have remained in the budget of the Building Department.

    I would propose therefore, that if there is any reorganization of these functions
    the Clerk should be in accord.


I   David Payne and I have had several conversations about his proposal, going
    back perhaps 6 to 8 weeks. He first proposed the idea with the applicant,
    Patricia McCullough, in mind after learning the she was having employer
    problems in the City of Birmingham. (May I say here that I have absolutely
    nothing against Patricia McCullough, she is a very intelligent person and certainly
    qualified. You may recall that Patty worked with the Township and our consultant
    planner, Chuck Leman, on the 425 Agreement with Birmingham.) David
    proposed a salary for the position at $70,000 and while knowing that I objected
    asked if I would at least be willing to interview Patty. I very reluctantly agree
    because I felt we would be giving Ms. McCullough false hopes. During the
    interview I inquired what she was looking for in a salary and she replied $80,000.
    In my mind, thinking that David would no doubt believe the salary to be too high, I
    thought the proposal was over.

    David approached me again last week asking if we could talk about the position.
    We did and I remain opposed to creating a Planning Director position for several
    reasons.

    First and foremost I am not at all convinced that we need such a position. In
    effect, David is proposing to reorganize my office. The Township has reviewed



I
    plans for large developments in the past such as Turtle Lake, Heron Bay, Heron
    Woods and more recently, Arkan Jonna's development at Square Lake and
    Woodward without a problem. We have been and are a premier community for
    many reasons, one of which is the lack of bureaucracy. The Bloomfield Town
    Square property is not rumored for sale, indeed Craig Schubiner attempted to
    purchase the property only to make his development larger. K-Mart and Costco
    are under independent ownership.

    We have no word from Mr. Leman that he is going to retire. In the past the
    Township employed Mr. Leman's consulting service through a retainer. As the
    availability of developable land in the Township decreased, Mr. Leman agreed to
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JUNE 10, 2002
    PAGE -16-


    provide his service on an as need basis. He has done a great deal of work for us
    on Bloomfield Park and I would certainly not want to terminate his service now.



I   The proposed salary at $75,000 to $80,000 is of great concern, again for many
    reasons. When adding the cost of fringe benefits, at approximately 40%, the
    charge to the taxpayers will be $110,000. David advises that the Building
    Department can support these costs through increased permit fees charged to
    homeowners and contractors. As we are all aware, we are have a 2.5 public
    safety millage on August 6th ballot. The very people we are asking to support the
    new millage are the ones who will be paying the increased building fees. When a
    builderlcontractor pays a permit fee they just pass it on to the homeowner.
    Where will the money come from in the event the Building Department can't
    support the position, the General Fund.

    David hasn't mentioned any support staff for this position. The Clerk's office
    personnel certainly don't have the time nor does the Building Department
    personnel. It wouldn't be cost effective to have an $110,000 employee doing
    typing, so quite probably we would have to hire additional staff.

    The Township is very fortunate to have the best department heads in place
    currently. Rick Farms who is known to be the best Assessor in Oakland County
    has been with the Township for nearly 30 years and currently his salary is slightly
    more than the $80,000 proposed to a new employee. How will he or even the
    Police and Fire Chiefs who have also worked for the Township nearly 30 years,
    feel when a new employee starts at $80,000, or would they be justified to request

I   increases. Perhaps there are current employees who might like to be considered
    for the position.

    The Township Zoning Ordinance 265 is in need of revisions and Mr. KOTZon,
    myself and Mr. Leman worked on the project for 3 years. It takes a considerable
    amount of "hands on" knowledge of the Zoning Ordinance to be able to know the
    changes necessary. I had planned to take the project up again this year but then
    came Craig Schubiner and an election (that didn't happen) in February.

    I have attempted to relate a few of the reasons why I am opposed to the creation
    of a new $110,000 position. I received Mr. Payne's memo approximately noon
    on Friday, June 1h, when he was aware that I had planned to take Friday
    afternoon off, and I have not had the time to be more thorough.

    Knowing that Ms. McCullough is having employment problems with the City of
    Birmingham, I question if David is creating a position for Ms. McCullough.

    I suggest that you give the proposal very careful consideration.

    Respectfully, Wilma S. Cotton


I   Payne indicted he has the responsibility to make recommendations to the Board
    as he sees fit. Board members had questions and concerns relative to hiring a
    Planning Director and the compensation involved. Payne indicted that last year
    Leman was paid $11,000, but it is difficult to determine how much the attorneys
    received relative to planning issues. Roncelli had concerns about the office
    space and staff as outlined in Cotton's memo.          According to Payne, the
    computer personnel may have to be relocated and he's not sure if we would have
    to hire additional staff. The Planning Director may have to do her own typing of
    reports as other department heads sometimes do now. Cotton feels that would
    not be cost effective.
           CHARTER TOWNSHIP OF BLOOMFIELD
           BOARD OF TRUSTEES
           JUNE 10, 2002
           PAGE -17-



           Treasurer Devine supports the proposal to hire a Planning Director. He feels it
           would help the Township become more proactive than reactive. Rewriting of the


       I   zoning book is needed. If the Planning Director cannot generate the monies
           necessary to fund the position, then it would be eliminated.

           Cotton indicated that she, along with Fred Korzon, Jerry Fisher and Chuck
           Leman, worked on the zoning book for three years. She feels it cannot be
           rewritten. She's amused that Devine supports the proposal. Cotton pointed out
           that she is always busy and in addition to the Township Board, serves on the
           Zoning Board of Appeals (ZBA) and Planning Commission. Devine does not
           keep the hours that she and Payne do. Last year she suggested that in the
           summer, when the Zoning Board of Appeals meets twice a month, Devine could
           do one of the meetings and she would do the other one. He could also serve on
           the Planning Commission. He chose not to respond. Cotton reiterated that the
           four unions have not settled and there is also a 2.5 millage on the August ballot.

           Yaw felt that with the arguments Cotton made relative to always being busy, a
           Planning Director would be helpful to her. Roncelli felt that if the Planning
           Director would only be doing the zoning book, she would be overpayed. She
           feels the position would ease some of the administration's work.

           In response to Cotton, Devine requested the following memo, dated 6/1/2001
           that he sent to Dave Payne and copied Cotton relative to Planning Commission
           and Zoning Board of Appeals, becomes part of the minutes. Devine wrote:

       I   This memo is to reiterate my willingness and desire to serve as a member or
           alternate member on either or both the Planning Commission and Zoning Board
           of Appeals. As you know, I have had this desire and willingness since my first
           day as Treasurer her. I believe in and enjoy the teamwork that I have been
           afforded as part of the administration here.

           I also believe that my past experience, outlined below, coupled with my working
           knowledge of the Township's philosophy and tradition give me the tools to serve
           well in any of these capacities.

           ZONING AND PLANNING BACKGROUND:

              1. Former member of Oakland County Zoning Coordinating Committee.

              2. Former member of Oakland County Planning and Building Committee.

              3. Former Chair of Oakland County International Airport Board with
                 jurisdiction over facilities and management at that site and the Oakland
                  Troy Airport.



       I      4. Litigation experience in construction and real estate matters.

           EXPERIENCE IN HEARINGS:

              1. City of Birmingham Prosecutor litigating hundreds of ordinance violations

              2. District Court Magistrate hearing and ruling on hundreds of ordinance and
                 other legal matters.




l---                       ~                           _
     CHARTER TOWNSHIP OF BLOOMFIELD
     BOARD OF TRUSTEES
     JUNE 10, 2002
     PAGE -18-


        3. Oakland County Personnel Appeal Board Chair presiding over personnel
           grievance and dismissal hearings applying the law to the facts on each
           specific matter.


I    Please keep me in mind as a willing team member.    Thank you.

     Cotton was adamant that she never received a copy of the memo even though
     Devine insisted he personally put a copy on her desk.

     MOTION WAS MADE by Yaw and supported by Roncelli to APPROVE the
     proposal to create the department head position of Planning Director at a
     proposed yearly salary of $80,000.

     A roll call vote was taken:

     Tobias- YEA
     Stefanes - YEA
     Devine- YEA
     Roncelli - YEA
     Yaw-YEA
     Cotton - NAY
     Payne- YEA

     The resolution was approved six to one.


II   MOTION WAS MADE BY Tobias and supported by Roncelli to AUTHORIZE
     payment of payroll and vouchers A016920-A016941, B090062-B090189,
     E000571-E000575 totaling $1,416,346.95.

     YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
     NAYS:         None

     Supervisor Payne said the Board needs to go into a Closed Session to discuss
     material exempt from disclosure by state statute, namely, pending litigation and a
     legal opinion from the Township attorneys, exempt from disclosure under the
     Freedom of Information Act based upon attorney-client privilege. MOTION WAS
     MADE by Tobias and supported by Devine to ADJOURN to a Closed Session.
     The Board will not return to Open Session.

     YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Roncelli
     NAYS:         None


     Meeting adjourned.




I
                                       c,~
                                       WILMA S. COTTON
                                       TOWNSHIP CLERK
                                                           6.Gtrov, )
     mjg
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 8,2002
    PAGE -1-


    PRESENT:      Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    ABSENT:       None




I   The Board minutes of June 10, 2002, were approved as printed.

    MOTION WAS MADE by Tobias and supported
    following Traffic Control Orders:
                                                           by Roncelli to ADOPT the


    TCO No. SS 63-03-73       Stop Signs - Ashover Drive and Fairford Drive
     Revision #1              Fairford Drive at Peveril Drive
                              Winch combe Drive/Peveril Drive at Ashover Drive

    TCO No. YS 84-03-73       Yield Signs - Ashover Drive from Ashover Court
     Revision # 1             to Ledbury Drive
                              Fairford Drive at Winchcombe Drive

    YEAS: Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS: None

    Supervisor   Payne reviewed the funding request from Avondale Youth
    Assistance, which is the same amount that was approved last year.             The
    Avondale School District is located in the cities of Auburn Hills, Rochester Hills,
    Troy and the southwest portion of the Township. The Board would like to know
    how many Township children Avondale Youth Assistance serves.             MOTION


I
    WAS MADE by Tobias and supported by Roncelli to APPROVE a $2,500.00
    annual contribution to Avondale Youth Assistance for the 2003 fiscal year.

    YEAS: Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS: None

    Tom Biehl, engineer with Hubbell, Roth and Clark, Inc., reviewed the ten bids
    that were received for the 48th District Court parking lot resurfacing. The low bid,
    which was below the engineer's estimate, was submitted by R & B Paving in the
    amount of $57,520.62. R & B has performed previously on contracts under the
    direction of HRC for both the Township and the City of Bloomfield Hills and their
    bid bond is from an approved firm. MOTION WAS MADE by Yaw and supported
    by Tobias to ACCEPT the low bid and AWARD the contract for the 48th District
    Court parking lot resurfacing to R & B Paving of Washington Township, Michigan,
    in the amount of $57,520.62.

    YEAS: Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS: None

    Tom Biehl, engineer with Hubbell, Roth and Clark, Inc., reviewed the five bids
    that were received for the 2002 Safety Path Program. The low bid of $774,634,



I
    submitted by Hard Rock Concrete of Westland, Michigan, was below the
    engineer's estimate and well below the second and third bidders. HRC has
    spoken and met with the contractor and he stands by his bid. They discussed
    the retaining wall prices in particular. In his bid the contractor figured an "or
    equal" retaining wall which is unacceptable to HRC. Based on past performance,
    they prefer "Keystone" walls. HRC recommended a change order for the
    Keystone wall and based on this, the contract price would be $838,906, which is
    still well below the second low bid. However, in order to be fair to all the bidders,
    HRC recommends that the project be re-bid with the bids due before the next
    Board meeting. MOTION WAS MADE by Devine and supported by Tobias to
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 8,2002
    PAGE -2-


    TABLE approving the contract for the 2002 Safety Path Program until July 22nd
    subject to rebidding the project.



I   YEAS: Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS: None

    MOTION WAS MADE by Tobias and supported by Devine to AUTHORIZE
    payment of payroll and vouchers A016947-A016982, B090190-B090334,
    E000576-E000581 totaling $2,240,956.76; A016983-A017024, B090335-
    B090445, E000582- E000588 totaling $2,858,467.01.

    YEAS: Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS: None

    MOTION WAS MADE BY Tobias and supported by Roncelli to REMOVE the lot
    split request for lots 7 and 8, Woodland Estates on Gilbert Lake Subdivision,
    Section 21, from the Table. Jeff Schlussel, attorney representing property owner
    Bernice Gershenson, presented the split request, which he feels meets our lot
    split ordinance. The homeowners association and some of the residents support
    the split. At the September 24, 2001, meeting, the Board tabled the split request
    so that Schlussel and Steven Robinson, the abutting property owner, could meet
    to resolve the view issue. Schlussel has offered Mr. Robinson the right to first
    refusal to purchase the lot at fair market value, provided that whomever
    purchases Mrs. Gershenson's house does not want the lot. Schlussel continued


I
    that no one has a legal right to a view. He feels we are only here to determine
    that the lot won't be overbuilt and that it meets all requirements.

    As he had done at the September Board meeting, Payne again questioned why
    the proposed lot line does not go all the way to the lake. Cotton pointed out that
    the property has been used as one site for over 20 years, potentially establishing
    the character of the street.      The Township also has lakefront setback
    requirements. When questioned, Schlussel indicated that he has not met with Mr.
    Robinson as the Board directed.

    Residents were notified of tonight's meeting by first class mail. Mr. Robinson and
    his legal counsel, Lee Roy Asher, were present in addition to the homeowners
    association. The association supports the proposed split. Rowena Cherry,
    president of the association, indicated that Gershenson pays 3 times what
    everyone else does in dues. However, the Township considers the property to
    be one site since there is only one sidwell number.

    MOTION WAS MADE by Tobias and supported by Yaw to TABLE the lot split
    request for lots 7 and 8, Woodland Estates on Gilbert Lake Subdivision, Section
    21, until Schlussell and Robinson meet to resolve the view issue as outlined in
    the Board minutes of September 24, 2001. The proposed lot lines, house


I
    footprint and building envelope are to be staked within the next week or two.

    Rowena Cherry wondered if one, or all three, of the Township officials could sit in
    on the meetings between Schlussel and Robinson. Hampton recommends that if
    the parties are unable to achieve a resolution, they should correspond with his
    office. Lot splits are not ministerial but rather discretionary.

    YEAS: Payne, Cotton, Devine, Tobias, Yaw, Stefanes
    NAYS: Roncelli
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 8,2002
    PAGE -3-


    Supervisor Payne advised that the Board needs to go into a Closed Session to
    discuss material exempt from disclosure by state statute, namely, a legal opinion
    from the Township attorneys, exempt from disclosure under the Freedom of


I   Information Act based upon attorney-client privilege. MOTION WAS MADE by
    Tobias and supported by Roncelli to ADJOURN to a Closed Session. The Board
    will not return to open session.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None


    Meeting adjourned.




                                       WILMA S. COTTON
                                       TOWNSHIP CLERK



I
    TABLED ITEM:

            Accept low bid and award contract for 2002 Safety Path Program.

            Consider lot split request for Lots 7 and 8, Woodland Estates on Gilbert
            Lake Subdivision, Sec. 21.


    mjg




I
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 22, 2002
    PAGE -1-

    PRESENT:     Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    ABSENT:      Yaw

    8:00 P.M. PUBLIC HEARING - S.A.D. NO. 392: Supervisor Payne called the


I   Public Hearing to order for consideration of Special Assessment District No. 392,
    Sanitary Sewer Extension on Old Orchard, Braes of Bloomfield Subdivision,
    Section 30.      Wayne Domine, Superintendent of the Water and Sewer
    Department, reported that six bids were received. The low bid submitted by
    Triangle Excavating of Clarkston, Michigan, was below the Engineer's estimate
    of the project. Cost per site will be $16,000 for each of the 11 sites. Residents
    were notified of the meeting by first class mail. Dale Davis of 6089 Old Orchard
    wanted to know why the Township allowed a house to be build on the lot next door
    to him. Domine advised that the Health Department issues permits for septics.
    MOTION WAS MADE by Tobias and supported by Devine to APPROVE the
    assessment roll as prepared and adopt Resolution No. 5 as follows.
    Construction monies are to be advanced from the Improvement and Revolving
    Fund.

    RESOLUTION NO.5        S.A.D. NO. 392

            WHEREAS, the Township Board of the Charter Township of Bloomfield,
    Oakland County, Michigan, after due and legal notice has received Special
    Assessment Roll No. 392 prepared for the purpose of defraying the cost of the
    following described improvements:



I
    Construction of sanitary sewer extension and appurtenances as follows:

          Beginning at an existing sanitary manhole located in the intersection
          of Westmoor Road and Old Orchard Road, extend a 10-inch sanitary
          sewer approximately 1010 feet north along Old Orchard Road to a
          terminus manhole.

    TO THE OWNERS OF THE FOLLOWING DESCRIBED PROPERTIES:

          T2N, R10E, Section 30, The Braes of Bloomfield Subdivision, Lots 32
          through 39, inclusively.

          T2N, R10E, Section 30, The Braes of Bloomfield Subdivision, Lot 40,
          also Nly part of Lot 41 meas 31.88 ft alg front lot line & 0 ft alg rear lot
          line (19-30-327-018).

          T2N, R10E, Section 30, The Braes of Bloomfield Subdivision, Lot 41,
          exc Nly part meas 31.88 ft alg front lot line & 0 ft alg rear lot line (19-
          30-327-019).

          T2N, R10E, Section 30, The Braes of Bloomfield Subdivision, Lot 42.



I         All in Bloomfield Township, Oakland County, Michigan.

    NOW, THEREFORE, BE IT RESOLVED THAT:

           1.    Said Special Assessment Roll No. 392, in the amount of $176,000.
    as prepared and reported to the Township Board by the Supervisor be and the
    same is hereby confirmed.

            2.    Said Special Assessment Roll shall be divided into ten (10) equal
    installments, the first installment due September 27, 2002, and the following
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 22, 2002
    PAGE -2-

    installments to be due on September 2ih of each year and shall bear interest at
    the rate of six percent (6%) per annum, commencing September 27, 2002, said
    interest to be payable annually on each installment due date.



I          3.     The assessments made in Special Assessment Roll No. 392 are
    hereby ordered and directed to be collected and the Township Clerk shall deliver
    said Special Assessment Roll to the Township Treasurer with a warrant attached
    commanding the Treasurer to collect the assessments therein in accordance with
    the directions of the Township Board with respect thereto and the Treasurer is
    directed to collect the amounts assessed as the same become due.

    YEAS:        Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:        None


    MOTION WAS MADE by Tobias and supported by Devine to ACCEPT the low
    bid and AWARD the contract to Triangle Excavating of Clarkston, Michigan, in
    the amount of $135,977.80 for S.A.D. No. 392, Sanitary Sewer Extension on Old
    Orchard, Braes of Bloomfield Subdivision, Section 30.

    YEAS:        Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:        None

    MOTION WAS MADE by Yaw and supported by Roncelli to CLOSE the Public
    Hearing for S.A.D. 392, Sanitary Sewer Extension on Old Orchard, Braes of


I
    Bloomfield Subdivision, Section 30.

    YEAS:        Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:        None

    Supervisor Payne reviewed the Township's proposed participation in the Fire
    Records Management System (FRMS) Interlocal Agreement. Seventy-five
    percent of the cost would be paid by Oakland County with the Township paying
    $4,400 per year. William Hampton, the Township's legal counsel, recommends
    the Agreement be with the Township rather than the Fire Department; the
    Township would be contracting for the Fire Department.

    MOTION WAS MADE by Tobias and supported by Devine to APPROVE the
    Township's participation in the Fire Records Management System (FRMS)
    Interlocal Agreement and AUTHORIZES Supervisor Payne to execute this
    Agreement on behalf of the Fire Department.


                   FIRE RECORDS MANAGEMENT AGREEMENT
                                 BETWEEN
                             OAKLAND COUNTY


I
                                   AND
                   BLOOMFIELD TOWNSHIP FIRE DEPARTMENT




    This Agreement ("the Agreement") is made between Oakland County, a
    Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac,
    Michigan 48341 ("County"), and the Bloomfield Township Fire Department,
    4200 Telegraph Road, Bloomfield Hills, MI 48302 ("CVT"). In this Agreement
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 22, 2002
    PAGE -3-

    the County and the CVT may also be referred to individually as "Party" or jointly
    as "Parties."

    PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967,


I   1967 PA 7, MCL 124.501 et seq., the County and the CVT enter into this
    Agreement for the purpose of providing the CVT with access and connectivity to
    the Fire Records Management System ("FRMS"). FRMS is intended to capture
    and create fire records from their inception at a 9-1-1 call and continuing the
    record to include the computer aided dispatch information resulting with a
    standard records management system. FRMS promotes communication and
    sharing of fire records among the entities that participate. The entities that
    participate in FRMS will enjoy the benefits of a single system, common
    standards, and costs shared through a cooperative relationship with the County.
    This Agreement is intended to delineate the relationship and responsibilities
    between the County and the CVTs regarding FRMS.

    In consideration of the mutual promises, obligations, representations, and
    assurances in this Agreement, the Parties agree to the following:


    1. ENTITIES     PERFORMING UNDER THIS AGREEMENT.                     All County services
       and obligations set forth in this Agreement shall be provided through the County's
       Department of Information Technology. All CVT's services and obligations set forth
       in this Agreement shall be performed by the Bloomfield Township Fire
       Department. The Fire Governance Committee will provide direction, counsel, and
       recommendations concerning the operation ofFRMS.


I   2. DEFINITIONS.       The following words and expressions used throughout this
       Agreement, whether used in the singular or plural, within or without quotation marks,
       or possessive or nonpossessive, shall be defined, read, and interpreted as follows.

       2.1.    Agreement means the terms and conditions of this Agreement, the Exhibits
               attached hereto, and any other mutually agrepd to written and executed
               modification, amendment, addendum, or change order.

       2.2.    Claim means any alleged loss, claim, complaint, demand for relief or
               damages, cause of action, proceeding, judgment, deficiency, liability, penalty,
               fme, litigation, costs, and/or expenses, including, but not limited to,
               reimbursement for reasonable attorney fees, witness fees, court costs,
               investigation expenses, litigation expenses, and amounts paid in settlement,
               which are imposed on, incurred by, or asserted against the County, its
               employees or agents, whether such Claim is brought in law or equity, tort,
               contract, or otherwise.

       2.3.    County means Oakland County, a Municipal and Constitutional Corporation
               including, but not limited to, all of its departments, divisions, the County
               Board of Commissioners, elected and appointed officials, directors, board



I
               members, council members, commissioners, authorities, committees,
               employees, agents, volunteers, and/or any such persons' successors.

       2.4.    Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.

       2.5.    Local System Administrator means a person employed by the CVT and
               designated by the head of the Bloomfield Township Fire Department to
               perform duties related to FRMS and act as a liaison between the CVT and the
               County.

       2.6.    Fire Governance Committee ("FGC") means a committee comprised of
               representatives from six fire departments, appointed by the Oakland County
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 22, 2002
    PAGE -4-

              Fire Chiefs' Organization that shall provide direction, counsel, and
              recommendations concerning the operation of the Fire Records Management
              System.



I      2.7.   Fire Records Management System ("FRMS") captures and creates fire
              records from their inception at a 9-1-1 call and continues the record to include
              the computer aided dispatch information resulting with a standard records
              management system. FRMS promotes communication and sharing of fire
              records among the entities that participate.

       2.8.   Oakland County MANIW AN ("OAKNET") means the Metropolitan Area
              NetworklWide Area Network called OAKNET which is operated by the
              County. The OAKNET links the CVT and the County allowing each to input
              and access FRMS Data. OAKNET also provides the CVT with access to
              external state and federal justice agencies.

       2.9.   City, Village, Township ("CVT") means the Bloomfield Township Fire
              Department, a Municipal and Constitutional Corporation including, but not
              limited to, its Council, Board, any and all of its departments, its divisions,
              elected and appointed officials, directors, board members, council members,
              commissioners, authorities, committees, employees, agents, subcontractors,
              volunteers, and/or any such persons' successors.

    3. AGREEMENT EXHIBITS. The Exhibits listed below and their properly
       promulgated amendments are incorporated and are part of this Agreement.



I      3.1.    Exhibit A. Monthly fees for FRMS connectivity. [Not applicable]

    4. COUNTY RESPONSIBILITIES.            Subject to the terms and conditions contained in
       this Agreement, and applicable changes in law, the County shall carry out the
       following:

       4.1.    The County shall provide FRMS to the CVT and shall install one personal
               computer that contains licensed, pre-loaded application software, and shall
               install one printer at each participating CVT fire station. The County shall
               determine the type and the features of the personal computer and printer
               supplied to the CVT by the County.

       4.2.    The County shall use its best efforts to address failures of the FRMS 24 hours
               a day, 7 days a week; failures include problems with the FRMS server,
               software and network.

       4.3.    The County shall use its best efforts to address problems with the County
               provided personal computer and printer and to respond to problems
               concerning non-critical application software (not critical to the delivery of
               public safety services) by the next business day, after the County is contacted
               and made aware of such problems. The CVT can designate one of the County



I              provided personal computers as a high availability record management
               workstation which shall have a software load installed and maintained by the
               County. The County and CVT shall mutually agree upon the location of such
               workstation. This designated high availability workstation has a direct
               connection into the County's Network and is maintained 24 hours a day, 7
               days a week.

       4.4.    FRMS failures on workstations that are integrated into the CVT Local Area
               Network must be reported to the Local System Administrator and CVT
               technical support must make a good faith effort to diagnose such failures
               before the County is contacted. In the event the County's assistance is
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 22, 2002
    PAGE -5-

              needed, the CVT technical support must be available to assist the County to
              resolve such failure.

      4.5.    The County shall provide the means for the CVT to be connected to FRMS.


I     4.6.
              The CVT shall pay for the FRMS connection according to Section 7, in
              addition to the annual participation fees in Section 7.

              The CVT acknowledges that a third party through written contract will
              provide the FRMS connection and the technical support for such connection.
              The contract will be for a term of three years with an option to extend the
              contract for two 24 month terms. By signing a three-year contract, the County
              was able to significantly reduce the costs for FRMS connectivity and waive all
              installation fees surrounding FRMS connectivity.

      4.7.    The County shall provide training to the CVT and the Local System
              Administrator(s) concerning FRMS.

      4.8.    The County shall monitor and audit the CVT's compliance with FRMS
              security requirements set forth by the FGC, when the requirements are
              promulgated by the FGC. The County may conduct on-site data audits and/or
              inspections at the CVT to monitor such compliance. The monitoring and
              auditing ofFRMS and OAKNET shall be performed periodically at the
              discretion of the County, observing CVT policies regarding on-site visit
              coordination and scheduling.

      4.9.    Ifthe County receives a Freedom of Information Act ("FOIA") request

I             regarding information that the CVT entered into FRMS, the CVT will be
              contacted as soon as possible and the FOIA request will be sent to Oakland
              County Corporation Counsel. The CVT will be forwarded a copy ofthe FOIA
              request and the County's response as soon as possible. The County may
              disseminate any data contained on FRMS to any third party, unless prohibited
              bylaw.

      4.10.   With respect to the performance of this Agreement, the County has the
              authority to prioritize its resources, including but not limited to, employees,
              agents, subcontractors, and equipment and determine when services will be
              provided.

    5. CVT RESPONSmILITIES.

      5.1.    The head of the CVT shall designate at least one person to act as the Local
              System Administrator for FRMS. The Local System Administrator will act as
              a liaison between the CVT and the County and will be the first point of
              contact for the CVT regarding FRMS. The Administrator's duties shall
              include, but not be limited to, the following: (1) identifying FRMS training
              needs; (2) scheduling FRMS training; (3) FRMS application training; (4)
              monitoring use ofFRMS applications with respect to security issues; (5) act as



I     5.2.
              a point of contact or facilitator for security audits conducted by the County;
              and (6) assist in the implementation of new programs.

              The CVT shall participate in FRMS training when requested and provided by
              the County. The CVT shall pay for all costs associated with training not
              provided by the County. The Local System Administrator shall receive
              reasonable advanced notice of the FRMS training.

      5.3.    The CVT shall fully cooperate with the County concerning the County's
              services under this Agreement.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 22, 2002
    PAGE -6-

      5.4.      The CVT may disseminate data that it entered into FRMS to any third party,
                unless prohibited by law.

      5.5.       The CVT is solely responsible for entering data into FRMS for its jurisdiction.


I     5.6.       The CVT shall solely ensure that the data entered into FRMS is accurate and
                 complete. Accurate and complete means that the data does not contain
                 erroneous information, and/or that the CVT shall immediately correct
                 erroneous information upon discovery of any error. To ensure accurate and
                 complete data, the CVT shall conduct regular and systematic audits to
                 minimize the possibility of recording and storing inaccurate or incomplete
                 data. The CVT shall correct or purge inaccurate or incomplete data.

      5.7.       Except as provided in the Agreement, the CVT shall be solely responsible for
                 the costs associated with the personal computer and printer operation, not
                 supplied by the County, at its fire station(s), including but not limited to,
                 personnel, equipment, power, and supplies.

      5.8.       The CVT shall provide the County access to its facilities for periodic
                 inspection and service ofFRMS, observing CVT policies regarding on-site
                 visit coordination and scheduling.

      5.9.       After the initial installation of the equipment provided under this Agreement,
                 the CVT shall be responsible for all costs associated with moving such
                 equipment. The CVT shall be responsible for all costs associated with
                 changing, modifying, or moving FRMS connectivity. This section shall not


I                apply if the County requests that the CVT move equipment provided under
                 this Agreement or requests that the CVT change, modify, or move FRMS
                 connectivity.

    6. FIRE GOVERNANCE COMMITTEE RESPONSIBILITIES

      6.1.       The FGC shall provide direction, counsel and recommendations      concerning
                 the operation ofFRMS.

    7. FINANCIAL RESPONSIBLITIES.

      7.1.       FRMS Annual Participation Fees. In addition to any FRMS connectivity
                 fees in section 7.2, the CVT shall pay annual participation fees to the County
                 for participation in FRMS. Until December 31, 2006, the following annual
                 participation fees are applicable: (1) $3,500 annually which includes one fire
                 station; and (2) $300.00 annually for each additional fire station. During
                 2006, the County and the FGC shall re-evaluate the annual participation fees
                 and establish new annual participation fees.

      7.2.       Costs for FRMS Connectivity. The CVT shall connect to FRMS by one of
                 the three following methods:



I            7.2.1. If the CVT elects to provide its own connectivity to FRMS, then it shall



             7.2.2.
                   incur no costs for such connectivity. The CVT shall still be responsible for
                   the annual participation fees set forth in Section 7.1.

                     If the CVT elects to have the County provide the means to connect
                  directly with OAKNET for FRMS connectivity, the CVT will not have to
                  pay for FRMS connectivity. This option does not allow a CVT and/or its
                  fire stations to connect back to any CVT application servers.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 22, 2002
    PAGE -7-

             7.2.3. Ifthe CVT elects to have the County provide the means to connect to its
                   local area network before connecting with the OAKNET for FRMS
                   connectivity, the CVT shall pay the County the following:




I                7.2.3.1.     The CVT shall pay no monthly fee for FRMS connectivity within
                         the first year after execution of this Agreement.

                 7.2.3 .2.    The CVT shall pay 25 percent of the monthly fee attributable to it
                         for FRMS connectivity within the second year after execution of this
                         Agreement. The monthly fees are set forth in Exhibit A.

                 7.2.3.3.     The CVT shall pay 50 percent of the monthly fee attributable to it
                         for FRMS connectivity within the third year after execution of this
                         Agreement. The monthly fees are set forth in Exhibit A.

                 7.2.3.4.     The CVT shall pay 75 percent of the monthly fee attributable to it
                         for FRMS connectivity within the fourth year after execution of this
                         Agreement. The monthly fees are set forth in Exhibit A.

                 7.2.3.5.    The CVT shall pay the entire monthly fee attributable to it for
                         FRMS connectivity within the fifth year after execution of this
                         Agreement. The monthly fees are set forth in Exhibit A.

             7.2.4.   The CVT elects to connect to FRMS as set forth in Section 7.2.2.

      7.3.       The CVT may switch the method by which it connects to FRMS. Ifthe CVT


I                switches the method by which it connects to FRMS, it shall be responsible for
                 any applicable termination fees contained in Section 10 and any applicable
                 costs for FRMS connectivity in Section 7.2.

      7.4.       The County shall submit a quarterly invoice to the CVT in a manner
                 proscribed by the County itemizing all amounts due under this Agreement.
                 The CVT shall pay the invoice submitted to the County thirty (30) days after
                 receipt ofthe invoice.

      7.5.       Except as provided in this Agreement, the County or CVT is not responsible
                 for any cost, fee, fine or penalty incurred by the other party in connection with
                 this Agreement.

      7.6.       CVT Failure to Pay

             7.6.1. To the maximum extent provided by law, should the CVT fail, for any
                   reason, to timely pay the County the amounts required under this
                   Agreement, upon notice from the Oakland County Treasurer to the Treasurer
                   of the State of Michigan (or any other State of Michigan official authorized
                   to disburse funds to the CVT), the State of Michigan is authorized to
                   withhold any funds due the CVT from the State, and assign those funds to
                   partially or completely offset any deficiency by the CVT to the County.


I            7.6.2. To the maximum extent provided by law, should the CVT fail for any
                   reason to timely pay the County the amounts required under this Agreement,
                   the County Treasurer shall be entitled to set-off and retain any amounts due
                   the CVT from Delinquent Tax Revolving Fund ("DTRF") or any other
                   source of funds due the CVT in the possession of the County, to partially or
                   completely offset any deficiency by the CVT under this Agreement, unless
                   expressly prohibited by law.

             7.6.3. Neither of these provisions shall operate to limit in any way the County's
                   right to pursue any other legal remedies against the CVT for the
                                                              -     --      ---------------,




    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 22, 2002
    PAGE -8-

                reimbursement of amounts due the County under this Agreement. The
                remedies in this paragraph are available to the County on an ongoing and
                successive basis, as the CVT becomes delinquent in its payments.



I   8. DURATION OF INTERLOCAL AGREEMENT.

       8.1.    The Agreement and any amendments hereto shall be effective when executed
               by both Parties with concurrent resolutions passed by the governing bodies of
               each Party, and when the Agreement is filed according to MCL 124.510. The
               approval and terms of this Agreement and any amendments hereto shall be
               entered in the official minutes of the governing bodies of each Party.

       8.2.    This Agreement shall remain in effect until cancelled or terminated by either
               Party pursuant to Section 10.

    9. ASSURANCES.

       9.1.    Each Party shall be responsible for its own acts and the acts of its employees,
               and agents, the costs associated with those acts, and the defense of those acts.

       9.2.    The County is not responsible for any Claims arising directly or indirectly
               from inaccurate or incomplete entry of information into FRMS by the CVT,
               its employees, or its agents.

       9.3.    The County is not responsible for any Claims arising directly or indirectly
               from misuse ofFRMS by the CVT, its employees, or its agents.


I      9.4.    Neither the County nor CVT shall be liable for any consequential, incidental,
               indirect, or special damages in connection with this Agreement.

    10. TERMINATION OR CANCELLATION OF AGREEMENT.

       10.1.   Either Party may terminate or cancel this Agreement for any reason upon
               thirty (30) days notice. The effective date for termination or cancellation shall
               be clearly stated in the notice.

       10.2.   Upon termination and/or cancellation ofthis Agreement, the CVT has the
               right to receive a copy data it entered into FRMS.

       10.3.   If the CVT connects to FRMS pursuant to 7.2.2 or 7.2.3 and if the CVT
               terminates and/or cancels this Agreement for any reason, except breach,
               within three years after execution of this Agreement, the CVT will be
               responsible for 70% of the monthly fees contained in Exhibit A for FRMS
               connectivity. The CVT shall not pay any such fees if this Agreement is
               terminated and/or cancelled three years after execution ofthis Agreement.

       10.4.   Except as provided in this Agreement, the Parties shall not be obligated to pay
               a cancellation or termination fee, if this Agreement is cancelled or terminated


I              as provided herein.

    11. SUSPENSION OF SERVICES. Upon notice to the CVT and the FGC, the County
        may immediately suspend this Agreement or the CVT's participation in FRMS, if the
        CVT has failed to reasonably comply, within the County's discretion, with federal,
        state, or local law, or any requirements contained in this Agreement. Upon notice to
        the CVT and the FGC, the County may immediately disconnect any device that, within
        the County's discretion, represents a possible security threat, performance impact, or
        inappropriate usage of the County network or its resources. The right to suspend
        services is in addition to the right to terminate or cancel this Agreement contained in
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 22, 2002
    PAGE -9-

       Section 10. The County shall not incur penalty, expense, or liability if services are
       suspended under this Section.

    12. NO TIDRD PARTY BENEFICIARIES.                  Except as provided for the benefit of the



I       Parties, this Agreement does not and is not intended to create any obligation, duty,
        promise, contractual right or benefit, right to indemnification, right to subrogation,
        and/or any other right, in favor of any other person or entity.

    13. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and
        local statutes, ordinances, regulations, administrative rules, requirements applicable to
        its activities performed under this Agreement, and all applicable hardware and
        software licenses relating this Agreement.

    14. DISCRIMINATION.          The Parties shall not discriminate against their employees,
        agents, applicants for employment, or another persons or entities with respect to hire,
        tenure, terms, conditions, and privileges of employment, or any matter directly or
        indirectly related to employment in violation of any federal, state or local law.

    15. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and
        maintaining, throughout the term ofthis Agreement, all licenses, permits, certificates,
        and governmental authorizations necessary to perform all its obligations under this
        Agreement. Upon request, a Party shall furnish copies of any permit, license,
        certificate or governmental authorization to the requesting Party.

    16. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to
        impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal


I       right, privilege, power, obligation, duty, or immunity ofthe Parties.

    17. FORCE MAJEURE. Each Party shall be excused from any obligations under this
        Agreement during the time and to the extent that a Party is prevented from
        performing due to causes beyond such Party's control, including, but not limited to,
        an act of God, war, acts of government (other than the Parties'), fire, strike, labor
        disputes, civil disturbances, reduction of power source, or any other circumstances
        beyond the reasonable control ofthe affected Party. Reasonable notice shall be given
        to the affected Party of any such event.

    18. IN-KIND SERVICES. This Agreement does not authorize any in-kind services,
        unless previously agreed to by the Parties and specifically listed herein.

    19. DELEGATION/SUBCONTRACT/ASSIGNMENT.                       The CVT shall not delegate,
        subcontract, and/or assign any obligations or rights under this Agreement without the
        prior written consent of the County.

    20. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a
        Party to pursue or enforce any rights or remedies under this Agreement shall
        constitute a waiver of those rights with regard to any existing or subsequent breach of
        this Agreement. No waiver of any term, condition, or provision of this Agreement,



I
        whether by conduct or otherwise, in one or more instances, shall be deemed or
        construed as a continuing waiver of any term, condition, or provision of this
        Agreement. No waiver by either Party shall subsequently effect its right to require
        strict performance of this Agreement.

    21. SEVERABILITY.       If a court of competent jurisdiction finds a term, or condition, of
        this Agreement to be illegal or invalid, then the term, or condition, shall be deemed
        severed from this Agreement. All other terms, conditions, and provisions of this
        Agreement shall remain in full force.

    22. CAPTIONS. The section and subsection numbers, captions, and any index to such
        sections and subsections contained in this Agreement are intended for the
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 22, 2002
    PAGE -10-

       convenience of the reader and are not intended to have any substantive meaning. The
       numbers, captions, and indexes shall not be interpreted or be considered as part of this
       Agreement. Any use of the singular or plural number, any reference to the male,
       female, or neuter genders, and any possessive or nonpossessive use in this Agreement


I      shall be deemed the appropriate plurality, gender or possession as the context
       reqUITes.

    23. NOTICES. Notices given under this Agreement shall be in writing and shall be
        personally delivered, sent by express delivery service, certified mail, or first class
        U.S. mail postage prepaid, and addressed to the person listed below. Notice will be
        deemed given on the date when one of the following first occur: (1) the date of actual
        receipt; (2) the next business day when notice is sent express delivery service or
        personal delivery; or (3) three days after mailing first class or certified U.S. mail.

       23.1.   If Notice is set to the County, it shall be addressed and sent to: Oakland
               County Department of Information Technology, Manager of CLEMIS
               Division, 1200 North Telegraph Road, Building #49 West, Pontiac, Michigan,
               48341 and Chairperson of the Oakland County Board of Commissioners, 1200
               North Telegraph, Pontiac, Michigan 48341.

       23.2.   IfNotice is sent to the CVT, it shall be addressed to:

                                  Dave Payne, Supervisor

                                  Charter Township of Bloomfield



I                                 4200 Telegraph Road

                                  Bloomfield Hills, MI 48302

       23.3.   Either Party may change the address and/or individual to which Notice is sent
               by notifying the other Party in writing of the change.

    24. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This
        Agreement shall be governed, interpreted, and enforced by the laws of the State of
        Michigan. Except as otherwise required by law or court rule, any action brought to
        enforce, interpret, or decide any Claim arising under or related to this Agreement
        shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th
        District Court of the State of Michigan, or the United States District Court for the
        Eastern District of Michigan, Southern Division, as dictated by the applicable
        jurisdiction of the court. Except as otherwise required by law or court rule, venue is
        proper in the courts set forth above.

    25. AGREEMENT MODIFICATIONS               OR AMENDMENTS.           Any modifications,
        amendments, recessions, waivers, or releases to this Agreement must be in writing
        and agreed to by both Parties. Unless otherwise agreed, the modification,
        amendment, recession, waiver, or release shall be signed by the same persons who



I
        signed the Agreement or other persons as authorized by the Parties' governing body.

    26. ENTIRE AGREEMENT.           This Agreement represents the entire Agreement and
        understanding between the Parties. This Agreement supercedes all other oral or
        written Agreements between the Parties. The language of this Agreement shall be
        construed as a whole according to its fair meaning, and not construed strictly for or
        against any Party.
    The Parties have taken all actions and secured all approvals necessary to
    authorize and complete this Agreement. The persons signing this Agreement on
    behalf of each Party have legal authority to sign this Agreement and bind the
    Parties to the terms and conditions contained herein.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 22, 2002
    PAGE -11-


    IN WITNESS WHEREOF, Supervisor Dave Payne hereby acknowledges that he
    has been authorized by a resolution of the Bloomfield Township Board of
    Trustees, a certified copy of which is attached, to execute this Agreement on


I   behalf of the CVT and hereby accepts and binds the CVT to the terms and
    conditions of this Agreement.

    EXECUTED:                                       _       DATE:.            _


    WITNESSED:,                                         _   DATE:                 _

    IN WITNESS WHEREOF, Thomas A. Law, Chairperson, Oakland County Board
    of Commissioners, hereby acknowledges that he has been authorized by a
    resolution of the Oakland County Board of Commissioners, a certified copy of
    which is attached, to execute this Agreement on behalf of the Oakland County,
    and hereby accepts and binds the Oakland County to the terms and conditions of
    this Agreement.


    EXECUTED:                                               DATE:                 _
                  Thomas A. Law. Chairperson
                  Oakland County Board of Commissioners

    WITNESSED:                                              DATE:                 _


I
                  William G. Caddell, Clerk, Register of Deeds
                  County of Oakland

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None

    Wayne Domine, Superintendent of the Water and Sewer Department, reviewed
    the proposal to extend the time period for payment of special assessments based
    upon the amount to be financed. Currently special assessment districts are
    financed for ten years. Board members had questions and concerns relative to
    who would have the option to determine the length of the special assessment
    district, the affect this would have on hardships and the need to be consistent.
    MOTION WAS MADE by Cotton and supported by Devine to APPROVE
    extending the time period for special assessments districts to be financed as
    follows:

                        10 years for assessments under $10,000
                        15 years for assessments $10,000 to $20,000
                        20 years for assessments over $20,000

    The Board may consider each special assessment district on an individual basis



I
    to determine the length of financing.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None

    MOTION WAS MADE by Cotton and supported by Roncelli to ACCEPT the petition
    for construction of sanitary sewer extension on Kentmoor Road, Kentmoor No. 1
    Subdivision, Section 12, propose Special Assessment District No. 393 and ADOPT
    Resolutions 1 and 2 as follows:

    RESOLUTION NO.1 S.A.D. NO. 393:
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 22,2002
    PAGE -12-

           WHEREAS, a petition has been filed with the Township Board of the Charter
    Township of Bloomfield pursuant to Act 188, Public Acts of Michigan, 1954, as
    amended, signed by 59.3% (fifty-nine point three percent) of the record owners, as
    shown by the records in the Register of Deed's office, who collectively own not less


I   than 59.3% (fifty-nine point three percent) of the total land area of the
    improvements as set forth in said petition, requesting construction of the following
    sanitary sewer improvements:

    Construction of sanitary sewer and appurtenances as follows:

           Beginning at an existing sanitary manhole located in the intersection
           of Lenox Road and Kentmoor Road, extend a 10-inch sanitary sewer
           approximately 1480 feet north along Kentmoor Road to a terminus
           manhole.

          AND WHEREAS, said petition has been verified as to signature, ownership
    and percentage of total land area;

           AND WHEREAS, the Township Board desires to proceed on the petition.

           NOW, THEREFORE, BE IT RESOLVED THAT:

            1.     The Supervisor of the Bloomfield Township Board is hereby ordered
    to procure from the Township Engineers plans showing the improvements, the
    location thereof, and the estimates of cost thereof.


I         2.     That said plans and estimates, when completed by the said Township
    Engineers, are ordered to be filed with the Township Board.

    RESOLUTION NO. 2 S.A.D. NO. 393:

             WHEREAS, a petition has been filed with the Township Board ofthe Charter
    Township of Bloomfield pursuant to Act 188, Public Acts of Michigan, 1954, signed
    by 59.3% (fifty-nine point three percent) of the record owners, as shown by the
    records in the Register of Deed's office, who collectively own not less than 59.3%
    (fifty-nine point three percent) of the total land area of the improvement set forth in
    said petition, requesting construction of the following sanitary sewer improvements:

    Construction of sanitary sewer and appurtenances as follows:

           Beginning at an existing sanitary manhole located in the intersection
           of Lenox Road and Kentmoor Road, extend a 10-inch sanitary sewer
           approximately 1480 feet north along Kentmoor Road to a terminus
           manhole.

                  AND WHEREAS, the Township Board has caused to be prepared by



I
           the Township Engineers plans showing the improvements and location
           thereof and an estimate of the cost thereof;

           AND WHEREAS, the same has been received by the Township Board;

          AND WHEREAS, the Township Board desires to proceed further with the
    improvements.

           NOW, THEREFORE, BE IT RESOLVED:
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 22,2002
    PAGE -13-

          1.      The plans showing the improvements and the location and the
    estimate of cost thereof be filed with the Township Clerk and be available for public
    examination.



I         2.    The Township Board tentatively declares its intention to make the
    proposed improvements as described in the 3rd preamble paragraph hereto.

           3.       There is hereby tentatively designated a special assessment district
    against which the cost of said improvements is to be assessed, consisting of the
    following lots:

           T2N, R10E, Section 12, Kentmoor No.1 Subdivision, Lot 32
           9/84 Solar ExemptionAct 135 P.A. 1976 (19-12-201-001)

           T2N, R10E, Section 12, Kentmoor No.1 Subdivision, Lots 43 through
           45, inclusively.

           T2N, R10E, Section 12, Kentmoor No.1 Subdivision, Lot 55

           T2N, R10E, Section 12, Kentmoor No. 1 Subdivision, Lots             91
           through 97, inclusively.

           All in Bloomfield Township, Oakland County, Michigan.

           4.    The Township Board shall meet at the Township Hall in Bloomfield
    Township, 4200 Telegraph Road, on MONDAY. August 26,2002, at 8:00 P.M., at

I   which time and place the Township Board shall hear objections to the petition, to
    the improvements and to the special assessment district therefore.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None

    Ben Moore, attorney representing property owner Thomas Hastings, who was
    not present, presented the request to keep the fill as it currently exists at 804 N.
    Valley Chase Road. According to Moore, the fill is needed to resolve drainage
    problems on the lot. He indicated this property has a history of flooding that has
    caused structural damage. Hastings excavated two feet when he changed the
    configuration of his driveway, using the dirt to block water from flowing to his
    house. Mr. Hastings was not aware he needed permits for either the fill or the
    retaining wall. This lot is the low spot on the street. The water problem does not
    originate from this lot. Moore feels the ditches need to be cleaned. The former
    owner of the lot filed litigation against R.C.O.C.

     William Hampton, Township legal counsel, indicated there should be a Hold
    Harmless Agreement. Hampton indicated that Hasting's engineer must certify
    there is no drainage going onto the neighboring properties from his site.


I   Surrounding property owners were notified of the meeting by first class mail.
    Attorney Brice, representing the property owner at 788 N. Valley Chase,
    indicated that whenever it rains, seven properties are affected by the existing
    condition at the Hastings' residence. He raised the issue of Hastings not
    obtaining the correct permits. He contends that the wall absolutely has to affect
    the flow of water and Hastings needs to furnish evidence that there is no
    drainage onto the adjacent properties from his lot.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 22, 2002
    PAGE -14-

    Mr. Gaston of 775 N. Valley Chase indicated this was not a small construction
    project. Permits should have been secured. Another property owner furnished
    pictures and reviewed the current conditions of the wall and fill.



I   Tom Biehl, engineer with Hubbell, Roth and Clark, Inc., indicated this is part of
    the old Ball Drain project that was abandoned by Oakland County several years
    ago.

    According to Payne, the Township needs both the previous and the current
    elevations so our engineers can determine the impact of the fill and wall.
    Hampton pointed out that the Zoning Board of Appeals must approve the wall.
    Since the wall is close to the water line, we need to ensure it will not impact the
    safety of our water field crew.

    Mr. Stoll, property owner at 788 N. Valley Chase, hopes logic prevails. He
    contends that water has never reached the applicant's house or garage in the
    past.

    Moore indicated he was not aware of the requirements for fill. He questioned
    how they could obtain the elevations of the pre-existing conditions. He contends
    that water does flow to his client's house from the adjacent area.

    MOTION WAS MADE by Cotton and supported by Devine to TABLE the fill
    request for 804 N. Valley Chase Road, Hickory Heights #3, Section 13, pending
    Mr. Hastings submitting all the information required by ordinance for fill and the
    wall. Until the Board rules on this issue, the Township is not liable and the

I   adjacent homeowners can take whatever actions they deem necessary to protect
    their property from the water. Once the Township has received the required
    information, residents will again be notified of the Board meeting. The wall will
    eventually need Zoning Board of Appeals approval.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None

    Bob Casadei, property owner and builder, presented his request to add fill to lot
    14, Eastways Farms Subdivision. He is building a spec house on the site. This
    is a unique lot with topographical changes in elevation. To abate the noise
    problem, he wants to elevate the side yard adjacent to Square Lake Road and
    plant large evergreen trees. MOTION WAS MADE by Stefanes and supported
    by Cotton to APPROVE the fill request as presented for lot 14, Eastways Farms
    Subdivision, Section 11.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None

    Wayne Domine, Superintendent of the Water and Sewer Department, reviewed


I
    both his memo and the proposal from Hubbell, Roth and Clark, Inc., for the GIS
    Proposal for Utility Conversion.

    Domine wrote in his memo:

    Attached is a proposal from HRC to convert quarter section maps into an
    electronic format that can be utilized in our GIS mapping system. Historically,
    these maps have been updated on mylar with pen and ink. The maps are
    essential in the use for identifying water lines, as well as, other underground
    utilities in the daily operations of the department. The maps are also provided to
    the Roads and Fire Departments for their use.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 22, 2002
    PAGE -15-


    The proposal consists of two options, both with a schedule to complete in three
    years, which have been considered:




I   Option A: complete with sewer lead information
           Project total: $838,892
           Annual cost: $279,630

    Option B: without sewer lead information
           Project total: $540,296
          Annual cost: $180,098

    Our department has identified approximately 804 properties that are not served
    with sewer, but have sewer available. After reviewing this data with our field
    personnel, the active lead information (approximately 12,000 services) was not
    found to be necessary to be inputted at this time. Township personnel will add
    the necessary lead information of the non-active leads to the mapping, as well
    as, updates to the mapping will be able to be maintained by Township personnel.
    Therefore, I recommend proceeding with Option B.

    Tom Biehl wrote in his proposal:

    Hubbell, Roth & Clark, Inc. is pleased to submit this Proposal for development of the
    Township's utility infrastructure in a Geographic Information System (GIS). Based upon
    our meeting of April 24, 2002, in which HRC delivered the pilot project area of the NE '!4
    of Section 9, this Proposal covers the conversion of the utility information recorded on


I   the Township's '!4 section maps. In addition, we propose to use the Oakland County
    Drain Commissioner's '!4 section maps for the sanitary sewer manhole identification
    numbers within Bloomfield Township.

    Overall, the pilot project was completed in a successful manner and HRC staff did not
    confront any serious obstacles to the full implementation for the remainder of the
    Township. The source materials are appropriate for conversion of the utility information,
    based upon the additional work performed by HRC to update the mylar maps. With the
    assistance of HRC's engineering staff and the Township staff, we have been able to
    resolve any discrepancies or unclear annotations on the two source maps. A third
    source document to be used for this project will be an Excel spreadsheet maintained by
    the Township for the water service connections.

    The schedule and budget for the full implementation is based upon 108 individual '!4
    section maps covering an area of approximately 26 square miles. The hours are
    projected based upon the time required to complete the pilot area. We anticipate an
    increased efficiency as we get into a production mode. As a result, the overall hours in
    this proposal have been reduced to reflect this improved efficiency. Pilot projects are, by
    their nature, more time consuming as procedures are developed and tested and
    additional time is spent on establishing quality assurance procedures.         With these
    procedures in place, the full implementation should proceed smoothly while assuring a
    quality product that will meet the needs you have expressed during the pilot project.



I   This proposal also offers the option of converting the utility information with, or
    without, the sanitary and storm sewer lead information
    connection    information   as described below.
                                                                      or the water service
                                                          The lead information represents a
    significant portion of the overall project, and HRC recognizes that the Township may
    want to defer its inclusion until a later date. We do recommend that this information be
    converted into the GIS at some point, to preserve the unique data found on the mylar '!4
    section maps.

    Specifically, this proposal will include the following:
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 22,2002
    PAGE -16-

    Water System. HRC will map the location of water mains, hydrant leads, hydrants and
    gate valves & wells. In the database we will list the diameter and type of pipe material,
    where available. Each feature will also have a unique identifier, the section and quarter
    section identifier and CVT code.



I   Sanitary Sewer System. HRC will map the location of sanitary lines and manholes. In
    the database we will list the planned length of pipe and its diameter where available.
    The sanitary lead information will include the, distance of wye from downstream
    manhole, length of lead, depth at end of lead and distance from end of lead to the
    manhole, where available. Each feature will also have a unique identifier and the acoc
    identifier, the section and quarter section identifiers and CVT code. HRC will also
    include the Parcel Identification Number (PIN) in the sanitary lead table. In the case of a
    conflict between the two source maps, the Township % section map will take
    precedence over the acoc % section map.

    Storm Sewer System. HRC will map the location of storm sewer lines, manholes, catch
    basins, inlets, outfalls and detention/retention basins. In the database we will list the
    planned length of pipe, diameter, ownership, distance of wye from downstream manhole,
    length of lead, depth at end of lead and distance from end of lead to the manhole, where
    available. Based upon the results from the pilot project, there are areas in the Township
    in which the storm sewer system is incomplete or does not directly connect into the open
    drain system. HRC will complete the missing storm sewer structures with the assistance
    of Township staff, where possible.

    Phone, Gas & Electric Systems. HRC will map the location of the phone, gas and
    electric lines as shown on the % section maps. This will include the location, diameter
    and offset, where available. It is understood that information for these utilities is
    incomplete as depicted on the % section maps.

I   Water Service Connections. Based upon your request, HRC has researched and will
    be able to develop a link for the water service connections, which will allow the Township
    users to view the information currently stored in an Excel spreadsheet. With this
    information, the Township will be able to determine which parcels will be affected in the
    case of a water main break and will be able to quickly minimize the impact of shutting
    down a water service area.

    Deliverables. The digital products will be delivered on CD-ROMs in an ESRI ArcGIS
    B.x format. HRC will also deliver up to two sets of color % maps at the scale and
    specifications provide by the Township. HRC will follow the same procedures and
    deliver data in the same format as done for the pilot area (NE %, Section 9). The
    estimated cost of the project for the entire Township is $838,892 with the lead
    information, or $540,296 for the entire Township without the lead information, as
    shown on the attached budget summary sheet.

    MOTION WAS MADE by Cotton and supported by Stefanes to ACCEPT the
    proposal from Hubbell, Roth and Clark, Inc. to develop electronic utility mapping
    in our GIS at an annual cost of $180,098 (Option B) to be completed in three
    years.

    YEAS:          Payne, Cotton, Devine, Tobias, Stefanes, Roncelli


I   NAYS:          None

    MOTION WAS MADE by Tobias and supported by Roncelli to APPROVE the
    following Traffic Control Orders:

    TCO NO. SS 522-03-02          Stop Signs - Duval Drive at Duval Court.
                                               Stony River Drive from Stony River
                                               Court to Paddle Wheel Court.

    TCO NO. YS 549-03-02          Yield Signs - Stony River Drive at Duval Drive
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    JULY 22, 2002
    PAGE -17-

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None

    MOTION WAS MADE by Tobias and supported by Roncelli to AUTHORIZE


I   payment of payroll and vouchers A017025-A017069, B090446-B090616,
    E000589-E000594 totaling $1,843,043.84.

    YEAS:
    NAYS:
                  Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
                  None

    MOTION WAS MADE by Cotton and supported by Roncelli to REMOVE
    accepting the low bid and awarding the contract for the 2002 Safety Path
    Program from the Table. Tom Biehl of Hubbell, Roth and Clark, Inc. reported
    that four re-bids were submitted. The previous low bidder did not submit a bid.
    The low bid by Audia Concrete Construction, Inc. at $973,510.50 was below the
    engineer's estimate. A check of references shows they have successfully
    performed on previous projects in the City of Wayne, City of South Lyon and the
    City of Madison Heights. MOTION WAS MADE by Cotton and supported by
    Roncelli to ACCEPT the low bid and AWARD the contract for the 2002 Safety
    Path Program to Audia Concrete Construction, Inc. of Milford, Michigan, in the
    amount of $973,510.50.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None



I
    Meeting adjourned.




                                      WILMA S. COTTON
                                      TOWNSHIP CLERK




    TABLED ITEM:

            Consider lot split request for Lots 7 and 8, Woodland Estates on Gilbert


I
            Lake Subdivision, Section 21.


    mjg
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    AUGUST 12, 2002
    PAGE -1-




    PRESENT:     Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    ABSENT:      None


I   The Board minutes of July 8, 2002, were approved as printed.


    The Board minutes of July 22, 2002, were approved after the special assessment
    district refinancing resolution was amended by adding the following phrase: The
    Board may consider each special assessment district on an individual basis to
    determine the length of financing.

    Jerry Marenger, Superintendent of the Township Road Department, explained
    that five bids were received for the 2002 Asphalt Maintenance Program.
    Thompson-McCully     Co. submitted the low bid of $190,967.40.        They have
    successfully performed on several projects under the direction of Hubbell, Roth &
    Clark, Inc. and Bloomfield Township. They were also the low bidder for the 2001
    Asphalt Maintenance Program. MOTION WAS MADE by Yaw and supported by
    Devine to ACCEPT the low bid and AWARD the contract for the 2002 Asphalt
    Maintenance Program to Thompson-McCully Co. of Clarkston, Michigan, in the
    amount of $190,967.40.

    YEAS:        Payne, Cotton, Devine, Tobias, Yaw, Roncelli


I
    NAYS:        None


    MOTION WAS MADE by Cotton and supported by Devine to ACCEPT the canvass
    of votes for the August 6, 2002 Primary Election, as certified by the Township
    Board of Canvassers on August 7, 2002:

                      CHARTER TOWNSHIP OF BLOOMFIELD
                     BALLOT LANGUAGE FOR PUBLIC SAFETY
                     APPROVAL OF POLICE AND FIRE MILLAGE

    SHALL THE CHARTER TOWNSHIP OF BLOOMFIELD BE AUTHORIZED TO
    INCREASE THE LEVY OF TAXES UP TO TWO AND ONE-HALF (2.50) MILLS
    FOR A PERIOD OF 10 YEARS (2003-2012), TO STAFF, EQUIP AND
    OPERATE     THE   BLOOMFIELD   TOWNSHIP   POLICE    AND    FIRE
    DEPARTMENTS?    APPROVAL OF THIS PROPOSAL WOULD APPROVE A
    TAX LIMITATION INCREASE OF APPROXIMATELY $2.50 PER $1,000. OF
    TAXABLE VALUE ON ALL TAXABLE PROPERTY IN THE TOWNSHIP.     IT IS
    ESTIMATED    THAT   THIS  PROPOSAL  WOULD    RESULT     IN THE
    AUTHORIZATION TO COLLECT APPROXIMATELY $7,788,300. IN THE FIRST
    YEAR IF APPROVED AND LEVIED.



I   Yes
    No
          6168
          6715


                    CHARTER TOWNSHIP OF BLOOMFIELD
                            BALLOT LANGUAGE
            LIBRARY MILLAGE PROPOSAL - RENEWAL AND INCREASE

    SHALL THE CHARTER TOWNSHIP OF BLOOMFIELD BE AUTHORIZED TO
    LEVY UP TO 0.7874 OF ONE MILL FOR THE BLOOMFIELD TOWNSHIP
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    AUGUST 12, 2002
    PAGE -2-




    PUBLIC LIBRARY TO ASSIST IT IN CONTINUING OPERATION?     THIS
    AUTHORIZATION WOULD COMMENCE WITH THE DECEMBER, 2003 LEVY,


I   AND PERMIT THE TOWNSHIP TO MAKE SUCH LEVY EACH YEAR IN
    PERPETUITY.    THIS MILLAGE SHALL BE REDUCED FOR 2003 AND
    THEREAFTER AS REQUIRED BY LAW. APPROVAL OF THIS PROPOSAL
    WOULD RENEW THE AUTHORIZATION EXPIRING IN 2002 ($0.2874 PER
    $1,000 TAXABLE VALUE) AND WOULD AUTHORIZE A NEW ADDITIONAL
    MILLAGE ($0.5000 PER $1,000 TAXABLE VALUE), ON ALL TAXABLE
    PROPERTY IN THE TOWNSHIP. IT IS ESTIMATED THAT THIS COMBINED
    PROPOSAL FOR A MILLAGE RENEWAL AND INCREASE WOULD RESULT IN
    THE AUTHORIZATION TO COLLECT $2,452,982 IN THE FIRST YEAR IF
    APPROVED AND LEVIED.

    Yes     6727
    No      6059


                       CHARTER TOWNSHIP OF BLOOMFIELD
                              BALLOT LANGUAGE
                   LIBRARY IMPROVEMENTS BOND PROPOSITION

    Shall the Charter Township of Bloomfield, Oakland County, Michigan, borrow an
    amount not to exceed Twenty-Two Million Eight Hundred Seventy-Five Thousand
    Dollars ($22,875,000) and issue its general obligation unlimited tax bonds for the
    purpose of paying the costs of acquiring, constructing, furnishing and equipping
    an expansion and improvements and renovations to the Bloomfield Township
    Public Library building and improving the site therefore? The maximum number
    of years the bonds may be outstanding, exclusive of refunding, is 20 years; the
    estimated millage that will be levied to pay the proposed bonds in the first year
    that the levy is authorized is $0.55 mills (which is equal to $0.55 per $1,000 of
    taxable value of real and personal property in the Township); and the estimated
    simple average annual millage that will be required to retire the bonds is $0.47
    mills.

    Yes   5784
    No    7062

    YEAS:          Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:          None


    MOTION WAS MADE by Roncelli and supported by Tobias to APPROVE the
    following resolution for the vacation of Leinbach Avenue:




I
                                  STATE OF MICHIGAN

                                 COUNTY OF OAKLAND

                        CHARTER TOWNSHIP OF BLOOMFIELD

                        RESOLUTION AUTHORIZING VACATION
                        OF A PORTION OF LEINBACH AVENUE

    RECITATIONS:
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    AUGUST 12, 2002
    PAGE -3-




           A civil action was commenced by Harbor Telegraph-1605, L.L.C. in the
    Oakland County Circuit Court, seeking the vacation of a portion of Leinbach


I   Avenue in the Township. The case is entitled Harbor Te/egraph-1605, L.L.C. vs.
    Spectrum Leasing, Inc., ef. aI, case number 01-030813-CZ (the "Civil Action").

           The parties to the Civil Action arrived at a settlement that formed the basis
    of a Consent Judgment, and the Consent Judgment was entered by the Circuit
    Court on July 19, 2002 (the "Consent Judgment").

           The Consent Judgment, 1f 7, requires the Township to pass a resolution
    authorizing the vacation of the subject portion of Leinbach Avenue in accordance
    with the Consent Judgment, and the Township Board desires to act accordingly.

       NOW, THERFORE, IT IS RESOLVED AS FOLLOWS:

        1. The vacation of a portion of Leinbach Avenue in the Township               is
    authorized, subject to and in accordance with the Consent Judgment.

        2. Copies of this Resolution shall be forwarded to: the attorney for the
    Plaintiff for attachment to and recording with the Consent Judgment; and, to the
    Michigan Attorney General's office.

    YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli


I
    NAYS:         None


    MOTION WAS MADE by Cotton and supported by Roncelli to CLOSE S.A.D.
    349, Devon and Coldspring Roads, Devonshire Downs Subdivision Water Main
    Extension, Section 9, by refunding $564.03 to the owners of record of the ten
    sites in the District; total to be refunded is $5,640.30.

    YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:         None


    MOTION WAS MADE by Cotton and supported by Roncelli to CLOSE S.A.D.
    351, Charing Cross Hamlet and Highlands, Bloomfield Estates, Hickory Heights
    and Charing Cross Estates Subdivisions Sanitary Sewer Extension, Section 13;
    no refund or transfer of funds is necessary.

    YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:         None




I
    MOTION WAS MADE by Cotton and supported by Roncelli to CLOSE S.A.D.
    355, Sodon Lake Drive, Bloomfield Heights No. 1 Subdivision Sanitary Sewer
    Extension, Section 20, by refunding $2,447.61 to the owners of record of the five
    sites in the District; total to be refunded is $12,238.05.

    YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:         None
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    AUGUST 12, 2002
    PAGE -4-



    MOTION WAS MADE by Cotton and supported by Roncelli to CLOSE S.A.D.
    364, Dell Rose Drive, Dell Rose Subdivision Water Main Extension, Section 6; no


I   refund or transfer of funds is necessary.

    YEAS:
    NAYS:
                 Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
                 None


    MOTION WAS MADE by Yaw and supported by Cotton to ADOPT the following
    resolution:

            1.   That the Superintendent of the Water and Sewer Department shall
                 certify to the Supervisor of the Township, all delinquent charges
                 and accounts for services in excess of $100.00 furnished by the
                 Water and Sewer Department that were 30 days or more
                 delinquent as of September 1, 2002.

          2.     That the Supervisor shall cause said delinquent charges to be
                 placed upon the December 2002 tax roll against the premises to
                 which said water and/or sewer services were rendered. That the
                 charges to be collected shall become a lien and shall be enforced
                 in the same manner as is provided in respect to taxes assessed
                 upon said tax roll.


I   YEAS:
    NAYS:
                 Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
                 None


    MOTION WAS MADE by Cotton and supported by Tobias to ADOPT the
    following resolution:

            1.   That the Township Treasurer may certify to the Supervisor of the
                 Township, all delinquent charges and accounts for services
                 furnished by the Township's waste hauler, City Waste Systems that
                 were delinquent as of September 1, 2002.

            2.   That the Supervisor cause said delinquent charges to be placed
                 upon the December 2002 tax roll against the premises to which
                 said solid waste collection services were rendered; and that such
                 charges be collected in accordance with the provisions provided in
                 Ordinance No. 437.

    YEAS:        Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:        None


I   MOTION WAS MADE by Cotton and supported by Yaw to CALL for a Truth in
    Taxation Public Hearing to be held on Monday, August 26,2002, at 8:00 P.M. in the
    Bloomfield Township Hall, 4200 Telegraph Road, and to ESTABLISH the proposed
    additional millage rate at .3855 mills.

    YEAS:        Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:        None
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    AUGUST 12, 2002
    PAGE -5-




    Supervisor Payne explained that on July 26, 2002, Governor Engler vetoed $850
    million dollars in revenue sharing for counties, cities, villages and townships. At the


I   recommendation of the County Executive, the Township e-mailed, faxed and
    mailed letters to our state representatives and senators requesting they support an
    override of the Governor's veto. On August 8th the Oakland County Board of
    Commissioners adopted a resolution supporting a gubernatorial override of the
    veto. They requested that the Township also adopt a similar resolution. MOTION
    WAS MADE by Devine and supported by Yaw to ADOPT the following resolution
    supporting overriding Governor Engler's revenue sharing veto. The state legislature
    will vote tomorrow.

                                       RESOLUTION

           WHEREAS, county government provides law enforcement, judicial
    administration, public health, mental health and environmental services, many of
    which are required by law; and

           WHEREAS, the state legislature has continued to adopt laws which
    increase the responsibilities and costs of counties in providing these services;
    and

          WHEREAS, the state constitution requires the state to provide funding for
    these mandates; and

           WHEREAS, state revenue sharing has been a historical source of funds
    provided in support of county's obligations to provide such required services; and

          WHEREAS, the need for these services is continually greater than the
    amount of funds available to provide them; and

           WHEREAS, on July 25, 2002, Governor John Engler vetoed ALL statutory
    state revenue sharing payments for fiscal year 2003; and

             WHEREAS, the veto threatens the public safety, environment and quality
    of life for all of Michigan citizens.

           NOW, THEREFORE, BE IT RESOLVED THAT the Bloomfield Township
    Board of Trustees hereby supports and demands the Michigan Legislature
    override the Governor's veto and immediately restore this critical funding.

    YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:         None




I
    MOTION WAS MADE by Tobias and supported by Devine to AUTHORIZE
    payment of payroll and vouchers A017070-A017125, B090617-B090806,
    E000595-E000608 totaling $8,172,210.65.

    YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:         None


    Supervisor Payne advised that the Board needs to go into a Closed Session to
    discuss material exempt from disclosure by state statute, namely, a legal opinion
    from the Township attorneys, exempt from disclosure under the Freedom of
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    AUGUST 12, 2002
    PAGE -6-




    Information Act based upon attorney-client privilege. MOTION WAS MADE by
    Tobias and supported by Devine to ADJOURN to a Closed Session. The Board


I   will not return to open session.

    YEAS:
    NAYS:
                  Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
                  None


    Meeting adjourned.




                                                ~,\~~rdtmu
                                              WILMA S. COTTON =
                                              TOWNSHIP CLERK




I   TABLED ITEMS:

            Consider lot split request for lots 7 and 8, Woodland Estates on Gilbert Lake
            Subdivision, Sec. 21.

            Approve fill request for 804 N. Valley Chase Road, Hickory Heights #3,
            Sec. 13.

            mjg




I
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    MILLAGE STUDY SESSION
    THURSDAY, AUGUST 22, 2002
    PAGE -1-


    PRESENT: Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    ABSENT:  Yaw


I   Also present were Fire Chief Leo Chartier, Police Chief Jeff Werner, Finance
    Director Ray Perkins and Assessor Rick Farms.

    Supervisor Payne called the millage study session to order at 9:12 A.M. in the
    upstairs conference room. In accordance with charter township rules and
    regulations, a notice of the study session, which was open to the public, was
    posted in the Township display case at least 18 hours prior to the meeting. No
    residents were present.

    Earlier this week Board members received copies of reports from Chartier,
    Werner, Perkins and Farms outlining the effects on the Township if a public
    safety millage is not approved at the November 5th election. The Board will
    decide at Monday night's Board meeting whether or not to put the 2.5 mills for
    ten years back on the ballot and/or a different amount and length of time.

    Police Chief Jeff Werner outlined his report indicating what the affects would be if
    he had to reduce his budget by two and a half million dollars. The officers
    patrolling the streets are the backbone of the police department. The department
    is comprised of 70 sworn officers and 25 civilians. One additional dispatcher is
    needed. Werner indicated the police department is much busier than people


I   think. He works very hard to stay within his budget. The proposed reductions
    would put the police department back to where it was 15 years ago.

    Werner addressed the following concerns and areas for cost reductions:

    The County is proposing changes to the 911 system, including adding cellular
    911 calls, all to be answered by the local community. Werner anticipates the 911
    calls will go up 25 to 30%. A dispatcher is less than half the cost of an officer.
    Given the proposed changes and increase in calls, it would be difficult to
    eliminate a dispatcher.

    The two school liaison officers would be eliminated. Even though these are
    important positions to the school districts and they help pay the officers' salaries,
    it is a place for cuts.

    There would also be cuts in investigations. We haven't had a homicide in several
    years, but if we did, it would throw us into a frenzy. Currently we have 44 patrol
    officers. If we downsize, the patrol numbers would go to 12, 12, and 10, with 10
    being the number on night patrol. Our current response time is two minutes plus
    a few seconds. However, with larger districts, that time would be increased,
    which would have a negative impact, especially if someone needed the use of an


I   AED.

    The traffic division would be eliminated.

    Transporting of prisoners would also be changed from the current designated
    transportation officer, to each officer being responsible for getting their own
    prisoner to and from court and/or Oakland County.

    When Tobias questioned how the reductions would affect the Township, Werner
    indicated that while fire would be impacted more than police, the crime rate
    would go up. We currently have one of the best reputations of any of the police
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    MILLAGE STUDY SESSION
    THURSDAY, AUGUST 22,2002
    PAGE -2-


    and fire departments in the state. We would not have time for preventative
    measures and patrolling.


I   Perkins pointed out that 95% of our ticket revenue goes to the operation of the
    48th District Court, which is 45% of their revenue. Without the monies from
    tickets, they would be hurting.

    The scenario of a major injury or fatal accident and the subsequent investigation
    was discussed. Werner said a serious accident is treated as a fatal, since death
    could occur days after the accident, but all of the investigation needs to be done
    immediately. We had four fatalities last year. We would have to have other
    communities handle our calls while we conducted the investigation.

    Cotton said this information needs to go to the public and it needs to be in a form
    to be handed out to the citizens of the Township.

    Chartier reviewed the Fire Department information the Board received. If the fire
    department had to cut their budget by two and a half million dollars, the logical
    place to start would be personnel, which comprises 35% of their budget. Twenty-
    four personnel would have to be cut. Some capital expenses, like fire engines
    and station remodeling could also be temporarily eliminated. A station may need
    to be closed.



I
    In 1994 there were 76 fire department personnel. That number has been
    reduced to 68, though Chartier feels that number should be 72. The entire fire
    department is cross-trained. We have three first response paramedics. We
    would lose 7 to 8 personnel a day, going from 21 to 14.

    Chartier pointed out that most of the calls to the fire department are
    emergencies. Personnel are key to their department. Chartier reviewed several
    legal requirements. By law, the Township does not have to provide fire
    protection, but if we do, there are definite rules and regulations. In order to fight
    a fire, you must have two people on the outside before two people can go inside
    the burning structure. Our current response time to a fire call is 7 minutes, 50
    seconds.

    Chartier also reviewed our participation in OAKWAY. A major budget reduction
    would reduce our standards and would probably mean we could not meet the
    OAKWAY Agreement criteria. Hazel Park has already been kicked-out of
    OAKWAY because they reduced their standards.

    There was discussion relative to privatizing EMS. Chartier feels that would not
    be a cost saving measure and the service would not be as good. Charging a fee
    to whoever uses EMS was also discussed including the ramifications of having to


I
    collect on non-payments.

    Cotton pointed out that while Chartier and Werner have done a fine job, we have
    to convince the public.

    Perkins and Farms reviewed the need for the millage increase, the fact that the
    Township doesn't get any tax funds until the winter taxes are paid, public safety
    has experienced a deficit since 1988, the minimum amount of millage we need is
    2.5 mills though 3 is really needed and the fact that we can no longer transfer
    four million dollars each year to public safety from the general fund.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    MILLAGE STUDY SESSION
    THURSDAY, AUGUST 22,2002
    PAGE -3-


    The Board discussed past millages that the Township did not renew and the
    millage renewals and bond proposals that we know will be on the ballot in 2004


I   and 2006. If we go for less than 2.5 for ten years, then in 2004 we would have to
    go out for another public safety millage

    While the Board members all realize the need for the 2.5 ten-year millage,
    several voiced concern about the voters approving that.           Is it best to get
    something for a shorter period of time instead of nothing at all?

    Payne reviewed a meeting that was held with Bob Berg and presented a "Draft
    Timeline for Public Safety Millage Campaign". Dave Buckley has agreed to chair
    the "Citizens' Campaign". The 48th District Court judges, Dick Aginian, president
    of the Birmingham Eccentric and a Birmingham resident, the Ryder Cup people
    and some school district personnel have indicated they will help get the word out
    to residents to support the millage. We have to educate the voters.

    Payne thanked Chartier, Werner, Perkins and Farms for their many hours of hard
    work preparing their presentations and crunching the numbers. Chartier said
    they would pound the pavement to get the millage passed.

    Meeting adjourned at 11:43.




I
                                             Cl',~6
                                             WILMA S. COTTON
                                                                  (ldtOD~ )
                                             TOWNSHIP CLERK

    mjg




I
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    AUGUST 26, 2002
    PAGE -1-


    PRESENT:      Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    ABSENT:       None




I   8:00 P.M. PUBLIC HEARING - S.A.D. NO. 393: Payne called the Public Hearing to
    order for consideration of sanitary sewer extension on Kentmoor Road, Kentmoor
    No.1 Subdivision, Section 12. Wayne Domine, Superintendent of the Water and
    Sewer Department, explained that this district consists of 13 sites with an estimated
    cost of $19,200.00 per site. Signatures on the petition represent 59.3% of the
    landowners, which have been verified at the Oakland County Register of Deed's
    Office. Residents were notified of the meeting by first class mail. Warren Simon of
    2680 Kentmoor had questions and concerns relative to the number of sites in the
    district, was the approval based on frontage or land area, the costs of the project,
    whether or not we received at least three bids and the proposed road repair. Rod
    Holmes of 2655 Kentmoor questioned the project and what all it included. A letter
    objecting to the special assessment district was received from Maleek Samarian.
    Since it was noted on the petition that Joseph A. Zonc, property owner of lot 94 was
    deceased, Township Attorney William Hampton wanted to know if the lot was jointly
    owned and if it so, do we have the proper paperwork. According to Domine, the lot
    was jointly owned and we have the appropriate documentation.

    MOTION WAS MADE by Yaw and supported by Devine to proceed to the second
    public hearing on MONDAY, September 23, 2002, and adopt Resolutions 3 and 4
    as follows:



I
    RESOLUTION 3 S.A.D. NO. 393:

            WHEREAS, a petition has been filed with the Township Board of the Charter
    Township of Bloomfield pursuant to Act 188, Public Acts of Michigan, 1954, signed
    by fifty-nine point three percent (59.3%) of the record owners, as shown by the
    records in the Register of Deed's Office, who collectively own not less than fifty-nine
    point three percent (59.3%) of the total land area of the improvements set forth in
    said petition, requesting construction of the following improvements:

    Construction of sanitary sewer and appurtenances as follows:

           Beginning at an existing sanitary manhole located in the intersection
           of Lenox Road and Kentmoor Road, extend a 10-inch sanitary sewer
           approximately 1480 feet north along Kentmoor Road to a terminus
           manhole.

           AND WHEREAS, the Township Board has caused to be prepared by the
    Township Engineers, plans showing the improvements and location thereof and an
    estimate of the cost thereof,

           AND WHEREAS, after due and legal notice, the Township Board has met



I
    and heard all persons interested with respect to the petition, the improvements and
    the special assessment district.

           NOW THEREFORE BE IT RESOLVED THAT:

           1.   The Township Board hereby determines to make the proposed
    improvements as described in the 3rd preamble paragraph hereto.

           2.    The Township Board hereby approves the plans and estimate of cost
    in the sum of $249,600. as originally prepared and presented by the Township
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    AUGUST 26, 2002
    PAGE -2-


    Engineers, and hereby determines that the petition for the improvements described
    above is sufficient.




I         3.    The Township Board finally determines that the following special
    assessment district shall consist of the following described lots and parcels of land:

           T2N, R10E, Section 12, Kentmoor No.1 Subdivision, Lot 329/84
           Solar Exemption Act 135 P.A. 1976 (19-12-201-001)

           T2N, R10E, Section 12, Kentmoor No.1 Subdivision, Lots 43 through
           45, inclusively.

           T2N, R10E, Section 12, Kentmoor No.1 Subdivision, Lot 55

           T2N, R10E, Section 12, Kentmoor No.1 Subdivision, Lots 91 through
           97, inclusively.

           T2N, R 1OE, Section 12, Kentmoor No.1 Subdivision, Lot 101.

           All in Bloomfield Township, Oakland County, Michigan.

           4.      The Supervisor is hereby directed to make a special assessment roll
    in which shall be described all the parcels of land to be assessed as set forth above
    with the names of the owners thereof, if known, and the total amount to be


I
    assessed against each parcel of land, which amount shall be such relative portion
    of the whole sum to be levied against all parcels of land in the assessment district
    as the benefit to such parcel of land bears to the total benefit to all parcels of land in
    the special assessment district.

            5.      When the Supervisor shall have completed the special assessment
    roll, he shall affix thereto his certificate stating that the roll was made pursuant to a
    resolution of the Township Board of the Charter Township of Bloomfield, adopted
    August 26, 2002, and that in making the assessment roll he has according to his
    best judgment conformed in all respects to the directions contained in said
    resolution and the statutes of the State of Michigan and the Supervisor shall then
    report the special assessment roll with his certificate attached thereto to the
    Township Board.

    RESOLUTION 4 S.A.D. NO. 393:

           TO THE OWNERS OF THE FOLLOWING DESCRIBED PROPERTIES:

           T2N, R10E, Section 12, Kentmoor No.1 Subdivision, Lot 32 9/84
           Solar Exemption Act 135 P.A. 1976 (19-12-201-001)




I          T2N, R10E, Section 12, Kentmoor No.1 Subdivision, Lots 43 through
           45, inclusively.

           T2N, R10E, Section 12, Kentmoor NO.1 Subdivision, Lot 55

           T2N, R10E, Section 12, Kentmoor No.1 Subdivision, Lots 91 through
           97, inclusively.

           T2N, R10E, Section 12, Kentmoor NO.1 Subdivision, Lot 101.

           All in Bloomfield Township, Oakland County, Michigan.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    AUGUST 26, 2002
    PAGE -3-




    PLEASE TAKE NOTICE THAT a Special Assessment Roll has been prepared and
    is on file in the office of the Township Clerk for public examination. Said Special


I   Assessment Roll has been prepared for the purpose of assessing the cost of the
    following described improvements to the above described properties which are to
    be benefited therefrom:

    Construction of sanitary sewer and appurtenances as follows:

            Beginning at an existing sanitary manhole located in the intersection
            of Lenox Road and Kentmoor Road, extend a 10-inch sanitary sewer
            approximately 1480 feet north along Kentmoor Road to a terminus
            manhole.

    TAKE FURTHER NOTICE THAT the Township Board will meet at the Bloomfield
    Township Hall, 4200 Telegraph Road, in the Township at 8:00 P.M. on Monday,
    September 23, 2002, for the purpose of reviewing said Special Assessment Roll
    and hearing any objections thereto.

    YEAS: Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS: None

    MOTION WAS MADE by Yaw and supported by Devine to CLOSE the Public
    Hearing for S.A.D. 393, Kentmoor Road, Kentmoor No. 1 Subdivision Sanitary


I   Sewer Extension, Section 12.

    YEAS: Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS: None

    MOTION WAS MADE by Tobias and supported by Roncelli to OPEN the Truth in
    Taxation Public Hearing.

    YEAS:          Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:          None

    Supervisor Payne called the Truth in Taxation Public Hearing to order. He
    indicated that the Township has not levied the full amount of taxes that has been
    voted on ~ the residents and permitted under the Headlee Amendment. At the
    August 12       Board meeting the proposed additional millage rate was established
    at .3855 mills.

    The following residents voiced their concerns:

    Allen Wells of 5075 Adams wanted to know why the issue was put on the ballot in
    August if we could raise money this way, he read in the paper we had a pet pound



I
    and questioned the need for having four full time officers there when they could be
    used better elsewhere, we should consider reducing our educational requirements
    for police and fire which could result in lower wages and the Township must be
    increasing their revenue each year.

    It was explained that this is not the same thing as the millage that was on the
    August ballot, the four full time animal welfare people are not officers and that
    service is used a lot by the Township residents, our college graduate rule has been
    in effect for over 20 years and our revenue is increasing slightly each year.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    AUGUST 26, 2002
    PAGE -4-


    David Thomas of 2945 W. Hickory Grove Road wanted to know if we have a deficit
    in our budget. He also felt we should have had packets and overheads prepared
    showing where the money is going; he feels our preparation is lacking.


I   Alfred Kelley of 5243 Kellen Ct. felt it was difficult for the audience to follow the
    conversation of comparing one year to the next. He only got a notice in the
    newspaper of this meeting. The Township bemoans the fact that we're getting less
    interest, but he is also having that same problem. Treasurer Devine will make sure
    Mr. Kelley gets a copy of the Township budget.

    Mrs. Judith Cunningham of 2897 Colonial Trail wanted to know what the Township
    is doing to cut and curb expenses.

    Supervisor Payne explained that we have modified our health plan and have gone
    to a PPO, we have increased our co pays and deductibles, we have reduced our
    pension obligation by over one million dollars by going to equities and our staffing
    levels have basically remained the same for the last six to seven years.

     Pat Meehan of 2862 Rossmoor Circle felt that even though we levy a lower millage
    than other communities, with the huge homes in the Township we should generate
    lots of tax money. Also, if the Township is not getting much interest from their
    investments, just imagine how individuals are suffering.

    Audrey Higgins of 2848 Rossmoor felt we are taxing the seniors out of the area.


I
    The people voted and said they didn't want anymore taxes.

    Trustee Tobias said he has been on the Board for more than 30 years. He
    explained his experiences with police and fire over those years. He doesn't know
    of a community that provides as much to the community as Bloomfield Township.
    Our police and fire are the first to respond to problems. If we reduce our staffing,
    lives will be lost. We have one of the safest communities and the best and most
    professional police and fire departments in the state and perhaps the nation.

    A man from Colonial Estates wanted to know if police officers and firemen will be
    laid-off if this doesn't pass.

    Payne pointed out not with Truth in Taxation, but it would happen if the millage
    issue that appears later on tonight's agenda is not approved.

    MOTION WAS MADE by Tobias and supported by Roncelli to CLOSE the Truth
    in Taxation Public Hearing.

    YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:         None




I   The Board minutes of August 12, 2002, were approved as printed.

    MOTION WAS MADE by Tobias and supported by Roncelli to set the tax rate
    based on the approved .3855 millage rate increase established on August 12th and
    discussed at the Truth in Taxation Hearing held earlier this evening, which therefore
    established the total millage rate, including library and various debts as follows:

                            2002 Bloomfield Township Tax Levy
                              Taxable Value $3,115,293,208

            1.0393 Mills        Allocated General            $ 3,237,724.23
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    AUGUST 26, 2002
    PAGE -5-


            0.5058   Mills       Path Millage                  $  1,575,715.30
            2.0983   Mills       Voted Public Safety           $  6,536,819.74
            1.1844   Mills       Voted Public Safety           $  3,689,753.28


I           0.7253
            0.7492
                     Mills
                     Mills

            6.3023 Mills
                                 Voted Public Safety
                                 Voted Roads

                                                Total
                                                               $  2,259,522.16
                                                               .$ 2,333,977.67
                                                               $19,633,512.38


            0.2840 Mills          Voted Library                $ 884,743.27
            0.7371 Mills          Voted Library                $ 2,296,282.62
            0.1100 Mills          Chapter 20 & 21 Drains       .$ 342,682.25
            7.4334 Mills          Total Tax Rate               $23,157,220.52

    YEAS:            Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:            None

    William Soderberg of Fenn & Associates, Inc. presented the lot split request for
    Lots 1, 2, 3, 4 & 5 Block 1, Lots 1, 2 & 3 Block 2 and Lots 1, 2 & 3 Block 3, Square
    Lake Country Club Subdivision.         Property owners Julie and Karl Kado were
    present. A portion of Sunset Drive and Clubhouse Drive need to be vacated. They
    are proposing to split the land into three lots with a vehicular turnaround that will be
    dedicated to the Township.      Clerk Cotton suggested they meet and present their


I
    plans to the subdivision association and surrounding property owners prior to the
    next meeting. The existing house will be demolished. MOTION WAS MADE by
    Tobias and supported by Devine to TABLE for two weeks the lot split request for
    Lots 1, 2, 3, 4 & 5 Block 1, Lots 1, 2 & 3 Block 2, Lots 1, 2 & 3 Block 3, Square
    Lake Country Club Subdivision, Section 6, and notify surrounding property owners.

    YEAS:            Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:            None

    Supervisor Payne reviewed the need for a public safety millage. For several years
    the Board has realized that our public safety expenditures have exceeded the
    public safety revenue. Money has been transferred from the general account to
    cover the deficits. However, with the reduced interest rates, that is no longer
    possible. The Township is one of the first communities to have advanced life
    support with EKG and 12 lead EKG, and through Dr. Petinga, who is present
    tonight, AED's. Our fire services are second to none for saving lives and buildings.
    It is the Township Board's responsibility to make sure services are maintained for
    the residents. The Township has always tried to do ten-year financial plans.
    Ideally, three mills are preferred but it was decided that 2.5 mills would be sufficient.
    When we look ahead, there is equipment that needs to be replaced within the next
    ten years, plus improvements to facilities. The Township used traditional methods,



I
    such as the newsletter, to advertise the August millage vote. There were negative
    mailings and signs by Craig Schubiner. Neil Munro of the Oakland Press wrote
    editorials encouraging the residents vote "no" on the millage. The need is definitely
    there, but the Township is faced with the decision of what to do. Payne asked both
    the police and fire chiefs to present to the Board the impact on their departments if
    the 2.5 mills were not approved.

    Chief Jeff Werner outlined some of the cuts that would have to be made if the
    Police Department budget was reduced by 2.5 million dollars. The current 70
    police officers would be reduced to 45. The traffic section would be eliminated. We
    get about 38,000 dispatches a year and with our current force, we manage to hold
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    AUGUST 26, 2002
    PAGE -6-


    our own. We also have eight AED's on the road at all times. Our patrol districts
    would increase in size. We have had 70 officers for the last 20 years. We currently
    write about 14,000 violations a year.


I   Chief Chartier outlined some of the cuts that would have to be made if the Fire
    Department budget was reduced by 2.5 million dollars. Twenty-four firemen would
    be cut. He reviewed the state requirements of needing 4 firefighters before two can
    go inside a building to fight a fire. There would also be longer response times for
    fire and EMS runs, provided we are still able to provide EMS services. All of our
    firefighters are crossed trained.

    One of Yaw's concerns is the rippling affect that if we do not sustain what we now
    have, it will cost more to hire new people.

    Payne pointed out that from the presentations by the Chiefs and our Finance
    Director, we definitely have a need for the public safety millage. David Buckley has
    volunteered to chair the Citizens Committee, which can raise funds to publicize the
    millage. Our fire employees have offered financial assistance to the Citizens
    Committee. Off duty fire and police personnel will help campaign.

    In response to the Oakland Press article that indicated the millage was not for
    public safety but rather to raise funds for the Bloomfield Park legal expenses,
    Devine pointed out that our books are always open. We are audited yearly and we
    must use the funds for what they are designated. We will have a public hearing


I
    and present charts and graphs to explain the millage and proposed cuts.

    Dr. Petinga informed those present that it has been 20 years since he started
    working with the Township Fire Department. We have a soft economy now. We
    have to get the message out as to where the money is going - our citizens need to
    know that.

    When it was pointed out that Schubiner has been delinquent on his taxes, one
    gentleman felt his property should be sold to pay the taxes. Devine pointed out that
    delinquent taxes are turned over to the County for collection with interest.

    Dave Buckley, Chairman of the Citizens' Committee, addressed the Board. While
    he would probably be the last one to support new taxes, he knows the need. The
    press has not been responsive to the Township. He will be working hard to get the
    public safety millage passed.

    Eleanor Payton has spoken with the newspapers relative to Schubiner.        She feels
    he is protected.

    Payne recognized the police and fire for the great job they do. Payne gave the
    Board an opportunity to speak.



I   Tobias said that when we first discussed the millage, he thought we should cut
    back. However, he can't find anything to cut. We need the money. He also said
    there are wild dogs in the community that have killed dozens of animals in one
    night. There is a need for animal control.

    Stefanes pointed out that the Board has an obligation to look beyond the present
    and to be in good fiscal position for the next ten years.

    Roncelli said it's a tough decision.   If we don't get the millage there will be cuts.
    The residents need to know that.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    AUGUST 26, 2002
    PAGE -7-




    Devine indicated that as you look at the entire community and property values, it is
    worth the price if you only save one life. He is voting for the millage.


I   Cotton indicated that she supports the troops and that public safety is imperative. If
    2.5 mills doesn't pass, then we have nothing. She can't support 2.5. If we have a
    lower millage now we can have another millage vote in upcoming years.

    Several residents voiced their opinion that they do not want any cuts and we need
    to get the word out to the residents.

    MOTION WAS MADE by Tobias and supported by Stefanes to APPROVE placing
    a Public Safety Millage Proposal on the November 5, 2002, General Election Ballot.

                            Approval of Police and Fire Millage

                  for the Preservation of Police, Fire and EMS Services


                  Shall the Charter Township           of Bloomfield    be
                  authorized to increase the levy of taxes up to two and
                  one-half (2.50) mills for a period of 10 years (2003-
                  2012), to staff, equip and operate the Bloomfield
                  Township Police and Fire Departments? Approval of


I
                  this proposal would approve a tax limitation increase
                  of approximately $2.50 per $1,000. of taxable value
                  on all taxable property in the Township.           It is
                  estimated that this proposal would result in the
                  authorization to collect approximately $7,788,300. in
                  the first year if approved and levied.

                  Yes ----
                  No              _

    A roll call vote was taken:

    Tobias- YEA
    Stefanes - YEA
    Devine- YEA
    Roncelli - YEA
    Yaw-YEA
    Cotton - NAY
    Payne- YEA

    Motion passed six to one.

    MOTION WAS MADE by Tobias and supported by Stefanes to ADOPT the
    following Traffic Control Order:

                          That parking shall be prohibited within the right-of-way on
                          Club Drive from a point 600 feet south of Square Lake Road
                          to a point 1,100 feet south of Square Lake Road in Bloomfield
                          Township.

    YEAS: Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS: None
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    AUGUST 26, 2002
    PAGE -8-



    MOTION WAS MADE by Tobias and supported by Roncelli to AUTHORIZE
    payment of payroll and vouchers B090807 -B091 006 totaling $24,400, A017126-


I   A017146, B091 007-B091134, E000609-E000619 totaling $5,122,130.99.

    YEAS: Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS: None

    Supervisor Payne said the Board needs to go into a Closed Session to discuss
    material exempt from disclosure by state statute, namely, pending litigation and a
    legal opinion from the Township attorneys, exempt from disclosure under the
    Freedom of Information Act based upon attorney-client privilege. MOTION WAS
    MADE by Roncelli and supported by Tobias to ADJOURN to a Closed Session.
    The Board will not return to Open Session.

    YEAS: Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS: None


    Meeting adjourned.




I                                       «';Q,~                  8.~
                                        WILMA S. COTTON
                                        TOWNSHIP CLERK




    TABLED ITEMS:

           Consider lot split request for lots 1, 2, 3, 4 & 5 Block 1, lots 1, 2 & 3 Block 2
           and lots 1, 2 & 3 Block 3, Square Lake Country Club Subdivision, Section 6.

           Consider lot split request for lots 7 and 8, Woodland Estates on Gilbert Lake
           Subdivision, Sec. 21.



I   mjg
          Approve fill request for 804 N. Valley Chase Road, Hickory Heights #3,
          Sec. 13.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    SEPTEMBER 9, 2002
    PAGE -1-


    PRESENT:        Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    ABSENT:         Yaw



I   MOTION WAS MADE by Devine and supported by Stefanes to OPEN the Public
    Hearing for S.A.D. 900, Combined Sewer Overflow (CSO) District.

    YEAS:           Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:           None

    Supervisor Payne called the CSO Public Hearing to order at 7:30 P.M. stating the
    purpose of the hearing was to permit individuals who object to the amount of their
    assessment(s), as it relates to their neighbors', to place their objections on the
    record. Residents were notified of the meeting by first class mail. Residents in
    the district can reserve their right to go to the Michigan State Tax Tribunal by
    either speaking this evening, writing a letter of objection or filling out one of the
    forms provided by the Township and located in the back of the auditorium.

    The following people mailed letters of objection to the Township:

    Name                            Sidwell No.           Address

    Roland D. Nelson                19-33-177-014         3922 Mt. Vernon, 48301
    Barbara J. Salamone             19-34-103-009         3636 Middlebury, 48301


I
    (on behalf of her parents Cletus and Natalie Hayes)

    The following people spoke this evening.    None of them questioned their
    assessment amounts but they still want the Board to come up with a different
    method of payment.

    Name                            Sidwell No.           Address

    Bert Swanson                    19-34-1 03-017        262 Hillboro, 48301
    Eleanor Whitson                 19-34-227 -008        276 S. Williamsbury

    According to Bert Swanson, it's the same thing each year. The residents of their
    subdivision are upset with the burden the Township has imposed on them. He
    indicated that the 1952 Clean Water Act stated that combined sewers should no
    longer be built. However, their subdivision, which was built in 1955, has combined
    sewers.

    Eleanor Whitson reiterated that the residents of their subdivision are upset with the
    burden imposed on them and are against any tax increases. They won't support
    the Public Safety millage.




I
    Swanson questioned the Board as to what would happen if, in the future, the
    retention basin were found to be inadequate. Would the CSO District be penalized
    again?

    The Board would not speculate on an unknown situation. They have always tried
    to be fair in looking at the legality of all issues, though future mandates might be
    looked at differently.

    If there is ever a new mandate, Roncelli feels the Township needs to look at what it
    has done most recently. She hopes that someday we have a resolution to the CSO
    financing issue.
     CHARTER TOWNSHIP OF BLOOMFIELD
     BOARD OF TRUSTEES
     SEPTEMBER 9, 2002
     PAGE -2-



     Devine indicated that during his three years with the Township, he has looked at
     and reviewed the CSO financing issue. The Township goes to great lengths to find


I    the least expensive options for its residents. Devine took the opportunity to explain
     the need for the public safety millage. He encouraged the residents to look at the
     millage facts and not base their vote on the CSO issue.

     According to Tobias, the Board was doing what they thought was right relative to
     the CSO financing. However, he would not repeat the same actions a second time.
     Tobias also added to Devine's commentary relative to the public safety millage. If
     any reductions are made to public safety, lives will be lost. He encouraged those
     present to think about the millage as it could save their life or that of someone they
     know.

     When questioned about what would have happened if we did not participate in the
     construction of the retention basin, Payne indicated we would have had to pay a
     fine.

     A lady named Marge who lives on Maple Road wanted to know why there is such a
     discrepancy between the amounts that the various areas pay.

     Payne explained that two elements were used to determine the assessment
     amounts. The first was whether or not a site was on sanitary sewers and the
     second involves land area, which means the amount of storm water that your land


I    contributes to the basin.

     No one filled out one of the forms provided by the Township.

     No one identified an error in the roll or objected on the basis of the roll not being
     equitably and properly spread, other than wanting the cost spread Township
     wide.

     MOTION WAS MADE by Devine and supported by Stefanes to ADOPT the
     following resolution approving the CSO Special Assessment District:

                                    STATE OF MICHIGAN

                                   COUNTY OF OAKLAND

                         CHARTER TOWNSHIP OF BLOOMFIELD

               CONFIRMATION OF THE ANNUAL ROLL FOR THE SPECIAL
                ASSESSMENT DISTRICT FOR RETENTION TREATMENT
                BASIN/COMBINED SEWER OVERFLOW CONTROLS AND
                   SEWER REHABILITATION FOR THE BLOOMFIELD


'I                       VILLAGE COMBINED SEWER AREA

           WHEREAS, the Board has determined the necessity for the improvement
     and has directed the Supervisor to prepare a special assessment roll for Special
     Assessment District #900 in accordance with the law; and

             WHEREAS, the Supervisor has prepared a special assessment roll
     allocating the annual portion of the total estimated cost of the improvement in the
     amount of Eight Million Eight Hundred Eighty-Seven Thousand Sixteen Dollars
     ($8,887,016.00) to the property within the special assessment district according to
     law, and the Supervisor has filed such roll with the Township Clerk; and
     CHARTER TOWNSHIP OF BLOOMFIELD
     BOARD OF TRUSTEES
     SEPTEMBER 9, 2002
     PAGE -3-



            WHEREAS, the Public Hearing on the special assessment roll was set for
     September 9, 2002, for the purpose of hearing objections with respect to the
     special assessment roll; and

            WHEREAS, the Public Hearing has been conducted on September 9, 2002,
     and the Board haVing determined that it would be appropriate to approve and
     confirm the special assessment roll.

             NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

            1.     The special assessment roll for the retention basin/combined sewer
     overflow controls and appropriate sewer rehabilitation for the Bloomfield Village
     combined sewer area containing the annual portion of the total cost of the
     improvement in the amount of Eight Million Eight Hundred Eighty-Seven Thousand
     Sixteen Dollars ($8,887,016.00), shall be, and is hereby adopted and confirmed.

            2.      The Township Clerk is directed to endorse on the assessment roll the
     data of this confirmation.

            3.    An assessment shall be made against each parcel of land in the
     Special Assessment District #900 according to the roll payable on the Winter 2002
     Tax Statement. The assessment may be paid from December 1,2002 - February
     14,2003, without penalty.


'I          4.     Any assessment, which has not been paid on or before February 14,
     2003, will be assessed a three (3%) percent penalty. On and after March 1,2003,
     all unpaid assessments must be paid to the Oakland County Treasurer, 1200 N.
     Telegraph Road, Pontiac, Michigan 48341. The County Treasurer shall impose a
     four (4%) percent property tax administration fee and an additional one (1%)
     percent per month penalty until paid.

            5.      The Township Clerk is hereby directed to attach her warrant as
     required by law to the roll and to direct the roll, with her warrant attached, to the
     Township Treasurer. The Township Treasurer shall thereupon collect the special
     assessment in accordance with the terms of this Resolution, the warrant, and the
     statute of the State of Michigan.

     A roll call vote was taken:

     Tobias - YEA
     Stefanes -YEA
     Devine - YEA
     Roncelli - NAY
     Cotton - YEA



I
     Payne - YEA

     Resolution carried with five yea votes and one nay vote.

     MOTION WAS MADE by Devine and supported by Stefanes to CLOSE the Public
     Hearing for S.A.D. 900

     YEAS:          Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
     NAYS:          None

     The CSO Public Hearing adjourned at 7:53 P.M.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    SEPTEMBER 9, 2002
    PAGE -4-




    The regular Board meeting was called to order at 8:00 P.M.



I   PRESENT:
    ABSENT:
                 Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
                 Yaw

    The Board minutes of the August 22, 2002, public safety millage study session
    were approved as printed.

    Clerk Cotton explained that although the proposed raffle for The Early
    Intervention Center will be held outside of the Township, they still need our
    approval since their records are maintained at a site within the Township.
    MOTION WAS MADE by Tobias and supported by Cotton to APPROVE the
    Charitable Gaming License for The Early Intervention Center.

    YEAS:        Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:        None

    MOTION WAS MADE by Tobias and supported by Roncelli to AUTHORIZE
    payment of payroll and vouchers A017147-A017166, B091135-B091285,
    E000620-E000627 totaling $3,679,040.00.

    YEAS:        Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:        None


I   Payne reviewed the presence of the West Nile Virus, which we all know is in
    Oakland County. Mosquitoes can breed anywhere from culverts, manholes and
    ditches to birdbaths, lakes and swamps. Mark Ticehurst, the entomologist who
    handles our Gypsy Moth program, will prepare a report, for the Board's review,
    on viable control measures and costs for a possible control program next year.

    Supervisor Payne said the Board needs to go into a Closed Session to discuss
    material exempt from disclosure by state statute, namely, pending litigation and a
    legal opinion from the Township attorneys, exempt from disclosure under the
    Freedom of Information Act based upon attorney-client privilege. MOTION WAS
    MADE by Devine and supported by Roncelli to ADJOURN to a Closed Session.
    The Board will not return to Open Session.

    YEAS:        Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:        None

    Meeting adjourned.




I
                                      w~~(i~
                                      TOWNSHIP CLERK
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    SEPTEMBER 9, 2002
    PAGE -5-




    TABLED ITEMS:



I         Consider lot split request for lots 1, 2, 3, 4 & 5 Block 1, lots 1, 2 & 3 Block
          2 and lots 1, 2 & 3 Block 3, Square Lake Country Club Subdivision.
          Section 6.

          Consider lot split request for lots 7 and 8, Woodland      Estates on Gilbert
          Lake Subdivision, Section 21.

          Approve fill request for 804 N. Valley Chase Road, Hickory Heights #3,
          Section 13.

    mjg




I
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    SEPTEMBER 23, 2002
    PAGE -1-


    PRESENT:      Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    ABSENT:       None




I   8:00 P.M. PUBLIC HEARING - S.AD. NO. 393: Supervisor Payne called the
    Public Hearing to order for consideration of Special Assessment District No. 393,
    Sanitary Sewer Extension on Kentmoor Road, Kentmoor No. 1 Subdivision,
    Section 12.     Wayne Domine, Superintendent           of the Water and Sewer
    Department, reported that nine bids were received. The low bid submitted by
    Mago Construction of Oakland Township, Michigan, was below the Engineer's
    estimate of the project. Cost per site will be $17,000 for each of the 13 sites.
    Residents were notified of the meeting by first class mail.

    Warren Simon of 2680 Kentmoor said that according to a friend of his who is in the
    business, $100 a foot is a normal cost for sewer projects and that our cost is
    exorbitant. He feels this project will not increase the value of his property but it will
    increase his taxes. He inquired as to whether or not his assessment would be a
    deductible levy and was informed it was not. The man who lives at 2696 Kentmoor
    said the assessment is high and he is on a fixed income. He wanted to know if
    statistics were available of who signed the petition. He was told he could have a
    copy of the petition with signatures. MOTION WAS MADE by Devine and
    supported by Roncelli to APPROVE the assessment roll as prepared and adopt
    Resolution No. 5 as follows. Construction monies are to be advanced from the
    Improvement and Revolving Fund. This project will be financed for 15 years.



I
    RESOLUTION NO.5         S.AD. NO. 393

            WHEREAS, the Township Board of the Charter Township of Bloomfield,
    Oakland County, Michigan, after due and legal notice has received Special
    Assessment Roll No. 393 prepared for the purpose of defraying the cost of the
    following described improvements:

    Construction of sanitary sewer extension and appurtenances as follows:

           Beginning at an eXisting sanitary manhole located in the intersection
           of Lenox Road and Kentmoor Road, extend a 10-inch sanitary sewer
           approximately 1480 feet north along Kentmoor Road to a terminus
           manhole.

    TO THE OWNERS OF THE FOLLOWING DESCRIBED PROPERTIES:

           T2N, R10E, Section 12, Kentmoor No.1 Subdivision, Lot 32
           9/84 Solar Exemption Act 135 P.A 1976 (19-12-201-001)

           T2N, R10E, Section 12, Kentmoor No.1 Subdivision, Lots 43 through
           45, inclusively.



I          T2N, R10E, Section 12, Kentmoor NO.1 Subdivision, Lot 55

           T2N, R10E, Section 12, Kentmoor No.1 Subdivision, Lots 91 through
           97, inclusively.

           T2N, R10E, Section 12, Kentmoor NO.1 Subdivision, Lot 101.

           All in Bloomfield Township, Oakland County, Michigan.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    SEPTEMBER 23, 2002
    PAGE -2-


    NOW, THEREFORE, BE IT RESOLVED THAT:

          1.    Said Special Assessment Roll No. 393, in the amount of $221,000.


I   as prepared and reported to the Township Board by the Supervisor be and the
    same is hereby confirmed.

           2.      Said Special Assessment Roll shall be divided into fifteen (15)
    equal installments, the first installment due November 1, 2002, and the following
    installments to be due on November 15t of each year and shall bear interest at
    the rate of six percent (6%) per annum, commencing November 1, 2002, said
    interest to be payable annually on each installment due date.

           3.     The assessments made in Special Assessment Roll No. 393 are
    hereby ordered and directed to be collected and the Township Clerk shall deliver
    said Special Assessment Roll to the Township Treasurer with a warrant attached
    commanding the Treasurer to collect the assessments therein in accordance with
    the directions of the Township Board with respect thereto and the Treasurer is
    directed to collect the amounts assessed as the same become due.

    YEAS:        Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:        None

    MOTION WAS MADE BY Devine and supported by Roncelli to ACCEPT the low
    bid and AWARD the contract to Mago Construction Company of Oakland


I
    Township, Michigan, in the amount of $168,955.73 for S.A.D. 393, Sanitary
    Sewer Extension on Kentmoor Road, Kentmoor NO.1 Subdivision, Section 12.

    YEAS:        Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:        None

    MOTION WAS MADE by Devine and supported by Roncelli to CLOSE the Public
    Hearing for S.A.D. 393, Sanitary Sewer Extension on Kentmoor Road, Kentmoor
    No.1 Subdivision, Section 12.

    YEAS:        Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:        None

    The Board minutes of August 26, 2002 were approved as printed.

    Robert Rollinger, attorney representing Mr. and Mrs. Kenneth Chapman of 1120
    Winthrop, presented their request to have the Township approve vacating all
    interests in the portion of Winthrop that was abandoned by Oakland County on
    July 11, 2002. If the Township approves vacating this paper street, it will need
    to go to Circuit Court for final approval. MOTION WAS MADE by Cotton and
    supported by Devine to APPROVE the following resolution vacating a portion of


I
    Winthrop Road:

                                     RESOLUTION

            WHEREAS, PURSUANT TO THE PROVISIONS OF THE land Division
    Act, more specifically Section 253(MCL 560.253); Section 256(MCL 560.256);
    and Section 257(MCL 560.257), this Board does declare and determine in
    accordance with the aforedescribed provisions that the following described
    portion of land, which has been platted as part of Winthrop Road in "East
    Bloomfield Highland Subdivision", Bloomfield Township, and which has been
    identified in the plat of East Bloomfield Highland Subdivision, as being a street
     CHARTER TOWNSHIP OF BLOOMFIELD
     BOARD OF TRUSTEES
     SEPTEMBER 23, 2002
     PAGE -3-


     dedicated to the used of the public, is not necessary for the public health, welfare
     or safety;



I           WHEREAS, this Board does further declare and determine that the below
     described portion of land, as being dedicated to the use of the public as a portion
     of Winthrop Road, has never been built, constructed, laid out or used for any
     public purpose, and that there is presently no public need for the use of this
     property;

            WHEREAS, the Board of County Road Commissioners for the County of
     Oakland, a public body corporate has under date of July 11, 2002, passed a
     resolution, at which time the Board declared and determined that it was in the
     best interest of the public to absolutely abandon and discontinue the below
     described portion of Winthrop Road as a public road, as provided by MCL
     224.18;

            WHEREAS, in order to proceed with a petition to grant the absolute
     abandonment and discontinuance of the below described portion of Winthrop
     Road, the petitioners being Kenneth Chapman and Emma Chapman, his wife,
     did obtain the signatures and approval of any and all abutting property owners,
     all of whom did grant their consent to the action taken by the Board of County
     Road Commissioners for the County of Oakland, to grant the absolute
     abandonment and discontinuance of the below described portion of Winthrop
     Road;


I           NOW, THEREFORE, BE IT HEREBY RESOLVED AND DETERMINED,
     that the Board of Trustees for the Charter Township of Bloomfield, does hereby
     declare and determine as provided by the Land Division Act, that the following
     publicly dedicated land area, is hereby vacated and that this Board has no
     objection to the following described portion of land being vacated by action of this
     Board:

            Part of a 50 foot wide road presently known and originally platted
            as Winthrop Road located south-southwest of a line, described as
            beginning at the northeast corner of Lot 66 of "East Bloomfield
            Highland Subdivision", a subdivision of part of Sections 3 and 4,
            T2N, R10E, east of Woodward Avenue, Bloomfield Township,
            Oakland County, Michigan, as recorded in Liber 9 of Plats, Page
            24, Oakland County Records; thence southerly along the east line
            of Lot 66 and the southerly prolongation of said east line to the
            north line of Lot 12, except that portion of Winthrop Road which
            was previously abandoned by Resolution of the Board of County
            Road Commissioners of the County of Oakland, State of Michigan,
            as recorded in Liber 7596, Page 244, Oakland County Records.


II         BE IT FUTHER RESOLVED, that this Board in granting the vacating of the
     above described portion of a publicly dedicated road, being Winthrop Road, does
     hereby reserve an easement for public utility purposes and for road drainage
     purposes.

           BE IT FUTHER RESOLVED, that the Clerk of the Charter Township of
     Bloomfield is directed as provided by Section 256, being MCL 560.256 of the
     Land Division Act, to record a certified copy of the foregoing Resolution with the
     Oakland County Register of Deeds, within thirty (30) days of the date of the
     enactment of this Resolution, giving the name of the Plat affected and, if further
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    SEPTEMBER 23, 2002
    PAGE -4-


    directed to send a copy to the Plat Section of the Michigan Department of
    Consumer and Industry Services, located in Lansing, Michigan.



I   YEAS:
    NAYS:
                 Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
                 None

    MOTION WAS MADE BY Cotton and supported by Tobias to TABLE the lot split
    request for 778 W. Long Lake Road, Lots 50 and 51, until Tuesday, October 15th
    and notify surrounding property owners.

    YEAS:        Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:        None

    Supervisor Payne explained that last year the Police Department used the Block
    Grant money to purchase new radio equipment. This year they are proposing to
    purchase gas masks and firearms. MOTION WAS MADE by Tobias and
    supported by Devine to APPROVE using the $16,857.00 Local Law Enforcement
    Block Grant Dispersement to purchase gas masks for each officer and use the
    remainder of the funds to purchase new firearms.

    YEAS:        Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:        None

    MOTION WAS MADE by Devine and supported by Tobias to APPROVE funding


I
    for the Bloomfield Village Police Department and Bloomfield Village Volunteer
    Fire Department for the fiscal year April 1,2003 to March 31,2004.

    Department          Millage Rate         Taxable Value             Revenue
    Police              1.139                $275,699,530              $314,022
    Fire                  .239               $275,699,530              $ 65,892

    YEAS:        Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:        None

    MOTION WAS MADE by Tobias and supported by Devine to ADOPT the
    following Traffic Control Order:

    TCO No. TS 644-03-02               The installation of a traffic signal at the
                                       intersection of Franklin Road and Walnut Lake
                                       Road.

    YEAS:        Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:        None

    Supervisor Payne read the following letter from John P. Richards,


I
    Chairman/Treasurer of the Citizens for Detachment. The letter, which was
    addressed to the Board of Trustees, will become part of the minutes.

    Richards wrote: "In my role as Chairman of Citizens For Detachment I have
    heard from a great many Township residents since the recent Court of Appeals
    rulings. To say they disagree with the rulings is an understatement, they want
    their right to vote on an issue that will affect their daily lives forever.

    Their view of the legal process to date has been one of a misuse of the law by
    the developer and the County Executive. Annexation laws were never intended
    to subvert the local control of zoning ordinances. The statute providing a County
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    SEPTEMBER 23, 2002
    PAGE -5-


    Executive the right to veto a Board of Commissioners resolution was never
    intended to be used to veto an election.



I   Only two people have expressed concern to me over the $500,000 spent by the
    Township in legal fees. They have apparently bought into the developer's
    argument that residents have spent hundreds if not thousands individually in this
    dispute. When informed that $500,000, over two years with 43,000 residents
    works out to $5.81 per resident per year for the past two years. They demand
    that we continue to fight for local control. They are especially emphatic because
    the central issue in this dispute involves a developer who wants to impose on our
    community a mammoth project totally incompatible with the historic low-density
    approach to development that makes Bloomfield Township such a desirable
    place to live.

    Make no mistake, these are frustrated, disenfranchised voters. They continue to
    believe, here in the United States, that the right to vote in a lawfully petitioned
    election is sacred. We most strongly urge the Bloomfield Township Board of
    Trustees to challenge the Court of Appeals rulings and fight for our right to vote
    and to preserve local control."

    There were no comments from residents in attendance.

    MOTION WAS MADE by Devine and supported by Tobias to APPROVE the
    following resolution to appeal the Township's Annexation and Detachment cases


I
    to the Michigan Supreme Court for determination:

              CHARTER TOWNSHIP OF BLOOMFIELD RESOLUTION TO
                   APPEAL CASES TO THE SUPREME COURT

          WHEREAS, the State of Michigan Court of Appeals has denied the relief
    requested in the Township's Annexation and Detachment cases wherein the
    Township is asserting the right of local control over zoning issues and the First
    Amendment right of its residents to vote on issues that they rightfully petition their
    government for redress of their grievances thereon, and

           WHEREAS, the Board of Trustees has faith in our citizens and believes
    strongly in the First Amendment which guarantees their right to petition their
    government for a redress of grievances, and

          WHEREAS, our fellow residents have made it abundantly clear that they
    deserve and expect to have a voice in the deliberative process involving the land
    in question in the cases at issue, and

          WHEREAS, it is our duty to defend our Township's right of local control
    and our residents' right to vote.


I         THEREFORE BE IT RESOLVED, That Bloomfield Township shall appeal
    the aforementioned cases to the State of Michigan Supreme Court for
    determination.

    A roll call vote was taken:

    Tobias - Yea
    Stefanes - Yea
    Devine- Yea
    Roncelli - Yea
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    SEPTEMBER 23, 2002
    PAGE -6-


    Yaw- Yea
    Cotton - Yea
    Payne- Yea


I   The resolution was unanimously approved.

    Alex Bogaerts, architect for property owners Mr. and Mrs. Kado, presented the lot
    split request for Lots 1, 2, 3, 4 & 5 Block 1, Lots 1, 2 & 3 Block 2 and Lots 1, 2 &
    3 Block 3, Square Lake Country Club Subdivision, Section 6. The proposal is to
    divide the property into 3 lake front lots with a t-turn around. Mr. and Mrs. Kado
    have indicated they will respect the lake view of their neighbor's to the east.
    Surrounding property owners were notified of the meeting by first class mail.

    Letters opposing the proposed split were received from the Square Lake
    Association (Gregg Housey, President), Robert and Alice Wachol (abutting
    property owners) and Mark and Denise Kolkmeyer (abutting property owners).
    Mark Kolkmeyer of 1921 Dell Rose addressed the Board and conveyed the
    subdivision's as well a his own objections. Ed Plomer of 1865 Dell Rose feels
    the property should remain as it currently exists. Bob Wachol of 1782 Dell Rose
    indicated that the Kado's are great people to work with and they look forward to
    having them as neighbors. However, the property should only be split into two
    lots.

    Both Bogaerts and Mr. Kado felt that if the property were split into only two lots,


I   the lots would be excessive in size. Three lots is the desired split.

    In addition to questioning why the proposed lots are 90', 117' and 90' wide and
    not equal, Clerk Cotton also pointed out that the proposed northwest lot did not
    originally have lake access. Payne also had concerns relative to the width of the
    lots.

    Patti McCullough, Township Planner, pointed out several areas that need to be
    addressed: 1) the t-turn around as shown on the survey is inadequate for proper
    maneuvering of fire vehicles to gain access to each proposed parcel. The t-turn
    around design results in residual areas which in many cases are used as guest
    parking at the ends. When blocked by parked vehicles, the Fire Department
    does not have sufficient area for access and maneuvering of fire vehicles. A cul-
    de-sac meeting the Township and County requirements is strongly
    recommended and 2) the proposed lots are deficient in width and depth
    compared to the houses on the south. The building envelopes need to be
    reviewed. Both the lot lines and the building envelopes need to be staked.

    Trustee Stefanes requested that aerials of the property showing lot lines and the
    proposed split lines be provided as it is very confusing on site.



I
    MOTION WAS MADE BY Cotton and supported by Tobias to TABLE the lot split
    request for lots 1, 2, 3, 4 & 5 Block 1, lots 1, 2 & 3 Block 2 and lots 1, 2 & 3 Block
    3, Square Lake Country Club Subdivision, Section 6, pending the petitioner
    staking the proposed lot lines and building envelopes and eliminating the t-turn
    around and submitting plans for a cul-de-sac. Surrounding residents will be
    notified by first class mail whenever this split request goes back to the Township
    Board.

    YEAS:          Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:          None
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    SEPTEMBER 23, 2002
    PAGE -7-


    Supervisor Payne advised that the Board needs to go into a Closed Session to
    discuss material exempt from disclosure by state statute, namely, a legal opinion
    from the Township attorneys, exempt from disclosure under the Freedom of


I   Information Act based upon attorney-client privilege. MOTION WAS MADE by
    Stefanes and supported by Tobias to ADJOURN to a Closed Session. The Board
    will not return to open session.

    YEAS:         Payne, Cotton, Devine, Tobias, Yaw, Stefanes, Roncelli
    NAYS:         None



    Meeting adjourned.




                                      WILMA S. COTTON
                                      TOWNSHIP CLERK


I
    TABLED ITEMS:

            Consider lot split request for Lots 1, 2, 3, 4 & 5 Block 1, Lots 1, 2 & 3
            Block 2 and Lots 1, 2, & 3 Block 3, Square Lake Country Club Subdivision,
            Section 6.

            Consider lot split request for 778 W. Long Lake Road, Lots 50 and 51,
            Brookside Hills Subdivision No.1, Section 16.

            Consider lot split request for lots 7 and 8, Woodland   Estates on Gilbert
            Lake Subdivision, Section 21.

            Approve fill request for 804 N. Valley Chase Road, Hickory Heights #3,
            Section 13.



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    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    TUESDAY, OCTOBER 15, 2002
    PAGE -1-



    PRESENT: Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    ABSENT:


I   Supervisor Payne explained that on Sunday, October 13th, Township Trustee
    William R. Yaw, Jr., passed away. Clerk Cotton read the following Resolution:

                    THE CHARTER TOWNSHIP OF BLOOMFIELD
                         OAKLAND COUNTY, MICHIGAN

                                    RESOLUTION

          WHEREAS, our hearts are saddened on the passing of WILLIAM R.
    YAW, JR., our fellow Board of Trustees member, our dear friend and Township
    resident; and

          WHEREAS, we make known to all who read this Resolution that William
    Yaw, affectionately known as Bill, has served Bloomfield Township and the
    residents with exceptional dedication and devotion for over 36 years; and

           WHEREAS, Bill was appointed to the Bloomfield Township Planning
    Commission in 1966 and the Zoning Board of Appeals in 1971 where he served


I
    concurrently until March, 1979, when he was recognized for his outstanding
    contributions to the Township and was appointed to the Board of Trustees in
    March, 1979; and

         WHEREAS, Bill, having earned the admiration and respect of the
    Township residents was then elected to the Board of Trustees in 1980 and
    subsequently every 4 years thereafter to this date.

           NOW THEREFORE, BE IT RESOLVED, that we do hereby HONOR
    William R. Yaw, Jr., for having served Bloomfield Township with his exceptional
    leadership abilities, with all diligence and care to the betterment of this
    community.

           FURTHER, BE IT RESOLVED, that Board of Trustees, on behalf of the
    Township residents whom Bill so faithfully served, do extend our deepest
    heartfelt sympathies to his loving wife Carol and family on his untimely passing.

          This Resolution shall be spread upon the minutes of the Bloomfield
    Township Board of Trustees on this 15th day of October, 2002, as a permanent
    record for all generations to come.



I   Bloomfield Township Board of Trustees:
    Dave Payne, Supervisor
    Wilma Cotton, Clerk
    Dan Devine, Treasurer
    Jerry Tobias
    Sherry Stefanes
    Janet Roncelli

    Payne requested a moment of silence in honor of William R. Yaw, Jr.
-----------------                               -    -   ~




                    CHARTER TOWNSHIP OF BLOOMFIELD
                    BOARD OF TRUSTEES
                    TUESDAY, OCTOBER 15, 2002
                    PAGE -2-



                    The Board minutes of September 9th and September 23, 2002, were approved as
                    printed.


I                   Police Chief Jeff Werner presented the 2001 Police Department Recognition
                    Awards to the following officers:

                          Officer of the Year -              Officer Dan Edwards
                          Life Saving Award -                Officer Sean Kelley
                          Meritorious Service Award -        John Huizdos, Gary Godlewski, Gary
                                                             Davis, Pete Matejcik, Paul Schwab, Sgt.
                                                             Robert Garofalo, Lt. Scott McCanham,
                                                             Capt. Geof Gaudard

                    Werner thanked the Board for their consistent support of the Police Department.
                    Payne stated that the Township is privileged to have such dedicated officers.


                    Payne reviewed the Township's safety path program that was voted on and
                    approved by the residents several years ago. Specific paths were designated in
                    the millage election. Through competitive bidding, we have been able to
                    accomplish more than expected and we continue to receive requests for paths
                    from subdivisions that were not on the approved plan. The Squirrel Road path


I                   was added to the plan this year when we received a petition from the
                    homeowners. A plan was designed that tried to blend and preserve the
                    aesthetics of Squirrel Road by meandering the path around the trees. Bids were
                    already received before the Township received a petition from residents
                    opposing the proposed path. Tom Biehl of Hubbell, Roth and Clark, Inc., Jerry
                    Marenger, Road Department Superintendent, and Lance Scram held a meeting
                    with the residents. At that time it was decided the Township Board would be
                    responsible for deciding the fate of the Squirrel Road Safety Path.

                    The following residents spoke:

                    Gwen Gilbert, 3672 Walbri Drive, spoke on behalf of the Squirrel Road residents
                    opposing the safety path. Those residents are wearing green clothing tonight in
                    support of keeping Squirrel Road green. She wants the beauty of Squirrel Road
                    to remain as it currently exists and feels it could even be a natural beauty road.
                    With the help of Benny Jaroslaw, Gilbert presented several boards of pictures
                    showing various back yards and Squirrel Road. Gilbert indicated that a sidewalk
                    ending at Hawthorne would be a sidewalk to nowhere and encouraged the Board
                    to respect the natural order and beauty that God created and choose wisely.

                    Benny Jaroslaw, 3690 Walbri Drive, spoke at the encouragement of Gwen


I                   Gilbert. He indicated he has always been a diligent proponent of saving the trees
                    in the area and challenges anyone attempting to cut them down. He personally
                    went door-to-door to gather support against the safety path. There are houses in
                    their neighborhood, including his that have been burglarized during the daytime.
                    If the path goes in it would really be a path for predators. The path would take
                    away the privacy of the homes that abut it. A path would turn Squirrel Road into
                    a concrete cancer.

                    Charles Sirhal, 810 Highwood, indicated it's a safety factor for people to walk on
                    Squirrel Road. They should walk inside the sub and not on a bike path. He
                    opposes the safety path.
     CHARTER TOWNSHIP OF BLOOMFIELD
     BOARD OF TRUSTEES
     TUESDAY, OCTOBER 15, 2002
     PAGE -3-




     Betty Jannott, 3740 Millspring, feels they will lose the use of their backyards if the


I    path is built. Since the Township issued permits for the houses to be built with
     back yards abutting Squirrel Road, the Township has to take some responsibility
     for the danger we are now proposing to place on them.

     Richard Padilla, 425 N. Evansdale, supports the safety path. It's dangerous for
     people to walk on Squirrel Road. He has two sons, ages 13 and 15, who ride
     their bikes on Squirrel Road and the path would be a safer option. He has lived
     in his home for 4 % years and has never met the people that are here tonight.
     He would like his neighbors to walk down the path and stop to say hello.

     Ernest Upton, 3565 Walbri Drive, who was wearing green, wanted to know if the
     path was planned for the east or west side of Squirrel. Squirrel Road is a main
     route for emergency vehicles.

     Alan Reade, 412 Steeplechase, indicated that about a month ago he was asked
     to sign a petition in support of the path. Since he didn't know anything about it,
     he decided he needed to find out more information.         A representative of the
     Township Road Department did bring a blueprint of the path to his house and
     showed him where the path would go. He feels the proposed location would
     have a detrimental affect on the residents' privacy. He isn't against the safety
     path concept but this one would compromise their privacy. If the path cannot be


'I   moved closer to Squirrel Road, then he opposes the path.

     Mrs. Tony Spina, 3525 Squirrel Road, feels Squirrel Road is not what it used to
     be and she can't imagine a path there.

     Bob Blank, 3821 Lakecrest,       is against the safety path, which he feels is a
     misnomer.

     Larry Quinean, 3835 Lakecrest, previously lived in Troy where the sidewalks are
     open to salesmen and lonesome neighbors. He had a lonesome Bob that visited
     often and he doesn't want one here. He has a circular driveway that the inline
     skaters like to use. A sidewalk along the steep parts of Squirrel would become
     skate city. He offered to let the police park in his driveway to catch speeding
     cars.

     Mr. Blair, 3575 Squirrel Road, is an architect and planner. He feels that Squirrel
     Road is a sea of speeding cars. He thought the path was originally planned for
     the west side of road. However, he's against the safety path, no matter what
     side of the road it would be on.

     MOTION WAS MADE by Devine and supported by Tobias to POSTPONE



I    INDEFINATELY the Squirrel Road safety path due to the unique nature of the
     project and the objections of residents.

     A roll call vote was taken:

     Tobias - Yea
     Stefanes - Yea
     Devine - Yea
     Roncelli - Yea
     Cotton - Yea
     Payne- Yea
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    TUESDAY, OCTOBER 15, 2002
    PAGE ~4-




    Motion was unanimously approved.


I   Attorney Philip Vestevich, on behalf of his brother and property owner Dr.
    Thomas Vestevich, presented the request to split the property with the former
    address of 4290 N. Willoway Estates Court, 19-16~326-016and 19-16-377-023.
    The house that was on the property was demolished. They are proposing to split
    the property into two lots. A house will be built on the lot fronting on N. Willoway
    Estates Ct. The remainder of the property, which at this point is landlocked, will
    be merged with the other abutting properties that Vestevich owns for a possible
    future cluster development. MOTION WAS MADE by Tobias and supported by
    Roncelli to TABLE the lot split for the property formerly known as 4290 N.
    Willoway Estates Court, 19-16-326-016 and 19-16-377-023, Section 16, until
    October 28th and notify surrounding property owners.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None


    Tom Biehl, engineer with Hubbell, Roth & Clark, Inc., reviewed the four bids that
    were received for the 2002 Joint Sealing Program. Scodeller Construction
    submitted the low bid at $20,905.75. They have successfully completed projects


I   for other clients of HRC and also for the Township. MOTION WAS MADE by
    Stefanes and supported by Tobias to ACCEPT the low bid and AWARD the
    contract for the 2002 Joint Sealing Program to Scodeller Construction of South
    Lyon, Michigan, in the amount of $20,905.75.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None


    MOTION WAS MADE by Stefanes and supported by Devine to ACCEPT for
    consideration Ordinance No. 532, Police Powers in Knollwood Pointe
    Condominiums. A copy of this proposed ordinance will be published in the
    Birmingham Eccentric prior to adoption. This ordinance will be adopted on
    October 28, 2002.

                        CHARTER TOWNSHIP OF BLOOMFIELD
                           OAKLAND COUNTY, MICHIGAN

                           PROPOSED ORDINANCE NO. 532




I   AN ORDINANCE TO PROVIDE FOR THE ENFORCEMENT OF TRAFFIC
    VIOLATIONS ON THE PRIVATE ROADS IN THE KNOLLWOOD POINTE
    CONDOMINIUMS, SECTION 30, BLOOMFIELD TOWNSHIP, AND TO
    PROVIDE PENALTIES FOR THE VIOLATION THEREOF.


    Section 1.01: It shall be unlawful for any person, firm or corporation to violate the
    Uniform Traffic Code and amendments, as adopted by reference by the
    Bloomfield Township Board on October 26, 1981, pursuant to the provisions of
    Act 62 of the Public Acts of 1956, State of Michigan.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    TUESDAY, OCTOBER 15, 2002
    PAGE -5-



    Section 2.01: Any person, firm or corporation violating the provisions of the
    Uniform Traffic Code on the private roads in the Knollwood Pointe


I   Condominiums, Section 30, Bloomfield Township, shall be subject to and liable
    for the penalties therefore.

    Section 3.01: Upon adoption, the provisions of this ordinance shall take effect
    immediately upon publication in a newspaper circulated within said Township.

                                             WILMA S. COTTON
                                             TOWNSHIP CLERK

    YEAS:        Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:        None


    MOTION WAS MADE by Tobias and supported by Devine to AUHTORIZE
    payment of payroll and vouchers 0000000, A017167-A017188, B091286-
    B091492, E000628-000640 totaling $7,737,670.25 released on 9-23-02;
    AO17189-AO17235,     B091493-B091690,    E000641-E000651    totaling
    $30,119,120.92.

    YEAS:        Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:        None


I   MOTION WAS MADE by Devine and supported by Stefanes to REMOVE the lot
    split for 778 W. Long Lake Road from the Table. Joe Micaleff, property owner
    and Township resident living at 3955 Quarton Road, presented his request to
    split the property into two lots with access from Shallowbrook. He feels the split
    would fit in with the character of the other subdivision lots. Surrounding property
    owneres were notified of the meeting by first class mail. Mr. Damiani,
    representing the Brookside Hills Subdivision Association, requested the Board
    table the split so they have time to review the request. The property now looks
    like one site with one house. Clerk Cotton pointed out that the property has been
    one lot for a number of years. Supervisor Payne indicated that the Board
    members have a copy of the Planning Director's review letter and there are a
    number of inadequacies. He believes the split is not consistent with the
    character of the subdivision. MOTION WAS MADE by Devine and supported by
    Stefanes to DENY the requested lot split for 778 W. Long Lake Road, Lots 50
    and 51, Brookside Hills Subdivision, Section 16, for the inadequacies as outlined
    in the Township Planning Director's letter and the lots would not be in character
    with the subdivision.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli


I   NAYS:         None


    Before the Board adjourned to Closed Session, Clerk Cotton gave each Board
    member a letter and said she was available to answer any questions.


    Supervisor Payne advised that the Board needs to go into a Closed Session to
    discuss material exempt from disclosure by state statute, namely, a legal opinion
    from the Township attorneys, exempt from disclosure under the Freedom of
    Information Act based upon attorney-client privilege. MOTION WAS MADE by
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    TUESDAY, OCTOBER 15, 2002
    PAGE -6-




    Cotton and supported by Stefanes to ADJOURN to a Closed Session. The Board
    will not return to open session.


I   YEAS:
    NAYS:
                  Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
                  None




    Meeting adjourned.




                                  (~~~                6.G'iFDQA)
                                WILMA S. COTTON
                                TOWNSHIP CLERK




I
    TABLED ITEMS:

            Consider lot split request for the former address of 4290 N. Willoway
            Estates Court, Section 16.

            Consider lot split request for Lots 1, 2, 3, 4 & 5 Block 1, Lots 1, 2 & 3
            Block 2 and Lots 1, 2, & 3 Block 3, Square Lake Country Club Subdivision,
            Section 6.

            Consider lot split request for lots 7 and 8, Woodland    Estates on Gilbert
            Lake Subdivision, Section 21.

            Approve fill request for 804 N. Valley Chase Road, Hickory Heights #3,
            Section 13.




I   mjg
                                                           ----        ----------




    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES STUDY SESSION
    WEDNESDAY, OCTOBER 23, 2002
    PAGE -1-


    PRESENT:     Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    ABSENT:



I   Supervisor Payne called the Study Session to order at 9.09 A.M. stating the
    purpose of the meeting was to discuss the procedure for finding a replacement
    for Township Trustee William Yaw who recently passed away. Notice of the
    meeting was posted at the Township Hall at least 18 hours prior to the meeting.
    Attorney William Hampton has advised that we have 45 days in which to appoint
    a replacement. A number of people have already expressed an interest in the
    position, including David Buckley, John Richards, Jeffrey Salz (Westchester
    Village resident), Leo Savoie and David Lubin. Others interested in the position
    could include Richard Mintz and Brian Kepes.

    The Board agreed with Payne that the selection should be an open process. A
    notice of the vacancy and the procedure for submitting an application will be
    posted at Township Hall and on our web site and today a press release will be
    faxed to the Birmingham Eccentric, Oakland Press, Free Press and Detroit
    News. All letters of interest with resumes are to be submitted to Dave Payne.

    There was discussion relative to using a designated form and/or questionnaire
    and what information should be required. We do not want to compile the form. It
    was felt that party affiliation, length of residency and voting history were
    important. Payne will check with the Michigan Townships Association to
    determine if they have any resources that would be helpful in the selection


I   process.

    Since Clerk Cotton resigned from the Zoning Board of Appeals and the Planning
    Commission, Payne state we need to appoint a member of the Township Board
    to each of those Boards

    Treasurer Devine submitted the following memo regarding the Zoning Board of
    Appeals. He wrote:

    This memo is to indicate my willingness and desire to serve as a member of the
    Zoning Board of Appeals.

    I believe that my past experience, outlined below, coupled with my working
    knowledge of the Township's philosophy and tradition give me the tools to serve
    well on the ZBA.

    ZONING AND PLANNING BACKGROUND:

          1. Former member of Oakland County Zoning Coordinating Committee.

          2. Former member of Oakland County Planning and Building Committee.


I         3. Former Chair of Oakland County International Airport Board with
             jurisdiction over facilities and management at that site and the Oakland
             Troy Airport.

          4.   Litigation experience in zoning, construction and real estate matters.

    EXPERINCE IN HEARINGS:

          1. City of Birmingham Prosecutor litigating hundreds of ordinance
          violations.
                                                           ----              ----------




    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES STUDY SESSION
    WEDNESDAY, OCTOBER 23, 2002
    PAGE -2-



          2. District Court Magistrate hearing and ruling on hundreds of ordinance
          and other legal matters.


I          3. Oakland County Personnel Appeal Board Chair presiding over
           personnel grievance and dismissal hearings applying the law to the facts
           on each specific matter.

    Please consider my appointment to the ZBA as a willing team member.

    Thank you.

    Signed Dan Devine

    MOTION WAS MADE by Stefanes and supported by Tobias to APPOINT
    Township Treasurer Dan Devine to the Zoning Board of Appeals as the
    representative from the Township Board.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None

    Payne addressed the appointment to the Planning Commission. The PC meets
    the first and third Monday of each month, provided there is something for the
    agenda. Membership can be on a rotating basis, if the Trustees so choose.


I   Payne explained that the ZBA approves variances and the Planning
    Commission, which is a recommending Board, approves site plans and zoning
    ordinance amendments. Stefanes indicated she would be willing to serve as the
    Township Board's representative on the Planning Commission.

    MOTION WAS MADE by Tobias and supported by Roncelli to APPOINT Sherry
    Stefanes to the Planning Commission as the representative from the Township
    Board. The term will be for one year at which time Stefanes will decide if she
    wants to continue in that capacity or pass it on to another Trustee.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None

    Payne then addressed the last issue of the meeting, which is processing ZBA
    and PC applications, sending notices and taking minutes. Cotton indicated that
    it's not that she doesn't want her staff to do it, it's just that since she is no longer
    involved, there's no need for her office to do the work.

    Tobias said he has checked with other communities and as a general rule, either
    the Building or Planning Departments handle those responsibilities. Could Patti
    take that over with some help? He and the other Board members do not want to


I   hire more people. With Payne as the Supervisor, the Board wanted to put it in
    his hands to assign someone to help Patti. Stefanes questioned if someone in
    the Clerk's Office could do the work. Cotton indicated that after the election she
    would be losing one part-time and one fulltime employee, so her staff cannot
    help. She said that two full time people worked on ZBA and PC, but that all four
    of her girls sometimes did.

    Discussion followed, and it was decided to send an e-mail to all users and then a
    memo to the department heads to be made available to those who do not have
    e-mail advising all employees of the job position. The candidate can come from
    any department, including Clerk's. Payne said that in the past we have allowed
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES STUDY SESSION
    WEDNESDAY, OCTOBER 23, 2002
    PAGE -3-


    people the latitude to move from one office to another if they are capable of doing
    the job. This has worked well for the Township. Devine pointed out that he had
    an employee transfer from his department to another position in the Township.


I   We cannot limit our employees and need to promote from within whenever
    possible. The pay was discussed and Payne indicated that it would remain as
    what is now paid.

    Meeting adjourned at 9:34 A.M.

    Payne handed out reviews by Patti McCullough on Pontiac's review fees and
    height restrictions.

    The 425 Agreement has been resolved but the Development Agreement has not.




                               WILMA S. COTTON
                               TOWNSHIP CLERK


I   mjg




I
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    OCTOBER 28, 2002
    PAGE -1-


    PRESENT:      Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    ABSENT:       None



I   The Board minutes of October 15, 2002, were approved as printed.


    MOTION WAS MADE by Cotton and supported by Tobias to ADOPT Ordinance
    No. 532, Police Powers in Knollwood Pointe Condominiums. This ordinance was
    introduced to the Board at their October 15, 2002 meeting. A copy of the
    proposed ordinance was published in the Birmingham Eccentric on October 14th•

                        CHARTER TOWNSHIP OF BLOOMFIELD
                           OAKLAND COUNTY, MICHIGAN

                                  ORDINANCE NO. 532


    AN ORDINANCE TO PROVIDE FOR THE ENFORCEMENT OF TRAFFIC
    VIOLATIONS ON THE PRIVATE ROADS IN THE KNOLLWOOD POINTE
    CONDOMINIUMS, SECTION 30, BLOOMFIELD TOWNSHIP, AND TO
    PROVIDE PENALTIES FOR THE VIOLATION THEREOF.




I   Section 1.01: It shall be unlawful for any person, firm or corporation to violate the
    Uniform Traffic Code and amendments, as adopted by reference by the
    Bloomfield Township Board on October 26, 1981, pursuant to the provisions of
    Act 62 of the Public Acts of 1956, State of Michigan.

    Section 2.01: Any person, firm or corporation violating the provisions of the
    Uniform Traffic Code on the private roads in the Knollwood Pointe
    Condominiums, Section 30, Bloomfield Township, shall be subject to and liable
    for the penalties therefore.

    Section 3.01: Upon adoption, the provisions of this ordinance shall take effect
    immediately upon publication in a newspaper circulated within said Township.

    This Ordinance is hereby declared to have been adopted by the Township Board
    of the Charter Township of Bloomfield in a meeting thereof duly held and called
    on the 28th day of October, 2002.

                                              WILMA S. COTTON
                                              TOWNSHIP CLERK

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli


I   NAYS:         None


    MOTION WAS MADE by Cotton and supported by Roncelli to APPROVE the
    2003 48th District Court Budget as presented, a copy of which is on file in the
    Township Clerk's Office

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    OCTOBER 28, 2002
    PAGE -2-


    MOTION WAS MADE by Cotton and supported by Devine to APPROVE the
    placement of delinquent 2001 Weed Harvesting Special Assessments on the tax
    rolls for certain Township properties.


I   YEAS:
    NAYS:
                   Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
                   None


    MOTION WAS MADE BY Cotton and supported by Tobias to AUTHORIZE
    payment of payroll and vouchers A017236-A017261, B091691-B091807,
    E000652-E000662 totaling $2,504,043.67.

    YEAS:          Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:          None


    MOTION WAS MADE by Devine and supported by Tobias to REMOVE the lot
    split request for the former address of 4290 N. Willoway Estates Court from the
    Table. Attorney Philip Vestevich, on behalf of his brother and property owner
    Thomas Vestevich, presented the split request. They are proposing to split the
    property into two parcels, A and B, build a house on Parcel A that fronts N.
    Willoway Estates Court and merge Parcel B with abutting property that Thomas
    Vestevich owns for a possible future cluster development. Surrounding property
    owners were notified of the meeting by first class mail.


I   Clerk Cotton questioned the urgency on splitting the land prior to a development
    plan and Phil Vestevich indicated that Tom Vestevich wants to proceed with
    building the house now and just wants the split now as well.

    Patricia McCullough, Township Planning Director, reviewed her report relative to
    the property split. Maps showing the property, the requested split and the
    surrounding properties were displayed on the wall during her power point
    presentation, giving all those present a visual of the proposal.

    McCullough's    Summary    of Findings   and   recommendations     addressed   the
    following:

       A. Combining Parcel B with the abutting property, known as 4255 Telegraph
          Road (19-16-326-015), would ensure that the proposed land locked Parcel
          B when attached to the adjoining property meets the requirement that all
          resultant parcels shall abut a street or road.

       B. Developing   Parcel A in compliance         with the     zoning   ordinance
          requirements upon application of a building permit.




I      C. Developing Parcel A in keeping with the character of the neighborhood
          with a building footprint and house square footage that is compatible with
          the existing residential properties on N. Willoway Estates Court.

    In response to Stefanes question, McCullough indicated that a house larger than
    the surrounding ones could be built on the property, but a condition of the split
    could be that it has to be in keeping with the character of the neighborhood.

    Roncelli questioned the sizes of the parcels. Parcel A would be more than
    35,000 sq. ft. and Parcel B would be greater than 33,000 sq. ft.
        CHARTER TOWNSHIP OF BLOOMFIELD
        BOARD OF TRUSTEES
        OCTOBER 28, 2002
        PAGE -3-


        The following residents spoke:

        Eugene Bego of 4350 S. Willoway Estates Court wanted to know what the


    I   property is zoned. He feels the whole concept is to get a cluster development
        closer to their residential area. He stated there is currently a private drive that
        goes beside 4215 that provides access to 4201 N. Willoway Estates Court. He
        also wanted to know to what extent do the residents have in the realignment of
        the property lines?

        Randy Wilds of 4215 N. Willoway Estates Court wanted to know if it was a given
        that clusters would be built or would there be other hearings. He also questioned
        if there has been any evaluation made to determine if clusters would change the
        values of the homes on Willoway.

        A resident pointed out that since the property currently fronts onto Willoway,
        without the split the property does not qualify for cluster housing.

        In response to another lady's question as to what is a cluster development,
        Payne responded that it is basically a condo development with individual condos.
        Cotton added that clusters allow for more density than the R-2 zoning.

        Mark Swanson of 4302 Willoway Estates Court questioned using Parcel B for a
        buffer zone.



    I
        Another lady in the audience wanted to know if 4255 Telegraph went to Rice
        Lane. According to Payne, Rice Lane is a driveway.

        Randy Wilds questioned if the property could be used for clusters if it remains as
        is. He was informed it could not.

        Sharon Bonsall of 4233 N. Willoway Estates Court doesn't want the solitude of
        Willoway Court to be impacted by clusters. She is opposed to the split.

        Attorney William Hampton pointed out that the proposal, as originally submitted
        to the Township, was to split the property into Parcels A and B and did not
        propose to add Parcel B to the property abutting Telegraph Road. Since the
        letter sent to the residents only addressed the split, Hampton advised that new
        notices would have to be mailed if the Township is going to consider adjoining
        Parcel B to adjacent property permitting clusters. In light of the direction this
        hearing is headed, specifically attaching Parcel B to the other property owned by
        Vestevich, Payne recommends the property split be tabled.

        Resident Mr. Bego expressed dissatisfaction with the Planner's review and
        recommendation.



II      Supervisor Payne explained that the role of a Professional Planner is to provide a
        review of all of the options relating to any given proposal being presented for
        action by the Board of Trustees and that the options reviewed in this particular
        instance became apparent during the research into this proposal for a lot split.
I


        MOTION WAS MADE BY Devine and supported by Roncelli to TABLE the lot
        split request for the former address of 4290 N. Willoway Estates Court (19-16-
        326-016 & 19-16-377-023), Section 16, since the notification sent to the
        surrounding property owners was for a lot split and not for what is being
        proposed this evening, namely to join the proposed Parcel B to the abutting
        property for a future cluster development. Vestevich will need to meet with
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    OCTOBER 28, 2002
    PAGE -4-


    Planner McCullough to address and resolve any issues relative to the split and
    combining of property. Surrounding residents will be notified by first class mail
    once this item is ready to go back to the Board.


I   YEAS:
    NAYS:
                  Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
                  None


    Meeting adjourned.




                                        c,~~
                                      WILMA S. COTTON
                                      TOWNSHIP CLERK




I   TABLED ITEMS:

            Consider lot split request for the former address of 4290 N. Willoway
            Estates Court (19-16-326-016 & 19-16-377-023).

            Consider lot split request for Lots 1, 2, 3, 4 & 5 Block 1, Lots 1, 2 & 3
            Block 2 and Lots 1, 2, & 3 Block 3, Square Lake Country Club Subdivision,
            Section 6.

            Consider lot split request for lots 7 and 8, Woodland   Estates on Gilbert
            Lake Subdivision, Section 21.

            Approve fill request for 804 N. Valley Chase Road, Hickory Heights #3,
            Section 13.


    mjg




I
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    TUESDAY, NOVEMBER 12, 2002
    PAGE -1-


    PRESENT: Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    ABSENT:  None



I   Treasurer Devine indicated the October 28th Board minutes should be amended
    by adding the following statement on page 3 immediately before his motion
    regarding the lot split request for the former address of 4290 N. Willoway Estates
    Court.

          Supervisor Payne explained that the role of a Professional Planner
          is to provide a review of all of the options relating to any given
          proposal being presented for action by the Board of Trustees and
          that the options reviewed in this particular instance became
          apparent during the research into this proposal for a lot split.

    The amended Board minutes of October 28, 2002 were approved.

    MOTION WAS MADE BY Cotton and supported by Tobias to APPROVE the
    following resolution for the Academy of the Sacred Heart Project Plan through
    the issuance of limited obligation economic bonds:

                              TOWNSHIP BOARD
                                  OFTHE
                       CHARTER TOWNSHIP OF BLOOMFIELD



I
        RESOLUTION APPROVING THE ACADEMY OF THE SACRED HEART
                            PROJECT PLAN

           WHEREAS, there exists in the County of Oakland the need for programs
    to alleviate and prevent conditions of unemployment, to assist and retain local
    industrial and commercial enterprises, and to encourage the location and
    expansion of such enterprises in order to strengthen and revitalize the County's
    economy and to provide needed services and facilities to the County, the
    Township, and their residents; and

           WHEREAS, the Economic Development Corporations Act, Act. No. 338 of
    the Michigan Public Acts of 1974, as amended (the "Act"), provides a means for
    the encouragement and assistance of industrial and commercial enterprises in
    locating, purchasing, constructing, reconstructing, modernizing, improving,
    maintaining, repairing, furnishing, equipping and expanding in the Township and
    the County; and

           WHEREAS, The Economic Development Corporation of the County of
    Oakland (the "EDC") has commenced proceedings for the assistance, pursuant
    to the provisions of the Act and through the issuance of its limited obligation
    economic development revenue bonds, of The Academy of the Sacred Heart


I
    Project (the "Project") which is located in this Township; and

            WHEREAS, the EDC has determined that the Project is reasonable and
    necessary to effectuate the purposes of the Act, that the Project Plan prepared in
    connection with the Project satisfies all of the requirements of Section 8 of the
    Act regarding project plans, that the persons who will be active in the
    management of the Project for at least one (1) year after the projected date of the
    County Board of Commissioners' approval of the Project Plan will have sufficient
    ability and experience to manage the Plan properly, that the proposed method of
    financing the Project is feasible, and the EDC has approved the Project Plan in
    the form attached hereto as Exhibit A; and
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    TUESDAY, NOVEMBER 12, 2002
    PAGE -2-




          WHEREAS, before this project can proceed under the Act, this Township
    Board must approve the Project Plan; and


I         WHEREAS, this Township Board has reviewed the subject Project Plan
    and concurs in the determinations of the EDC with respect thereto;

            NOW, THEREFORE, BE IT HEREBY RESOLVED:

           1.    That in accordance with the Act, this Township Board hereby
    approves the Project Plan attached to this resolution as Exhibit A.

         2.      That the Clerk of this Township be and hereby is instructed to
    communicate this approval of the Project Plan to the Board of Directors of the
    EDC by delivering to said Board of Directors a certified copy of this resolution.

    YEAS:        Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:        None

    Clerk Cotton requested the Board delay approval of the November 5th canvass of
    votes since Oakland County is reviewing a 13-ballot difference in the number of
    ballots issued and the vote total. Cotton also admonished the childish act of the
    person(s) who put approximately 25 "Vote Yes" yard signs in the front yards of
    her and Fred Korzon's neighbors on election night.


I   MOTION WAS MADE by Tobias and supported by Stefanes to APPROVE
    contracting with Jenkins, Magnus, Volk & Carroll, P.C., Certified Public
    Accountants, for the financial examination and issuance of reports for the Township
    for the year ending March 31,2003, at a cost of $42,650.00.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None

    MOTION WAS MADE by Stefanes and supported by Roncelli to APPROVE the
    following Pension Plan Reporting Mechanism Resolution:

                  CHARTER TOWNSHIP OF BLOOMFIELD PENSION PLAN
                        REPORTING MECHANISM RESOLUTION

          WHEREAS, Connecticut General Life Insurance Company including
    CIGNA Financial Services, Inc. and CIGNA Retirement and Investment Services
    (CIGNA) are the financial institutions with which the Township's pension plan
    funds are invested, and

           WHEREAS, CIGNA offers an Investor Contract which provides for
    issuance of monthly reports detailing all transactions within our retirement
    account, including all fees charged by the company, and

           WHEREAS, our current Immediate Participation Guaranteed Contract only
    provides for issuance of an annual report which does not include a detailed
    accounting of fees charged, and

          WHEREAS, CIGNA has advised that converting to an Investor Contract
    should result in lower contract expenses on an annual basis along with providing
    a more detailed and appropriate pension plan reporting mechanism, and
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    TUESDAY, NOVEMBER 12, 2002
    PAGE -3-


          WHEREAS, CIGNA has recommended that the Township convert our
    contract from the current Immediate Participation Guaranteed Contract to an
    Investor Contract effective January 1, 2003.


I         THEREFORE BE IT RESOLVED that the Board of Trustees for the
    Charter Township of Bloomfield authorizes CIGNA to convert the current
    Immediate Participation Guaranteed Contract to an Investor Contract effective
    January 1, 2003.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None

    MOTION WAS MADE by Tobias and supported by Roncelli to AUTHORIZE
    payment of payroll and vouchers A017262-A017294, B091808-B092196,
    E000663-E000673 totaling $4,266,976.19.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None

    Supervisor Payne stated that before going to agenda item number 7, the
    Board needs to discuss the next steps for replacing Bill Yaw. Twenty-one
    applicants have submitted their resumes and/or letters of interest. Possibly
    those not selected could be interested in serving the Township in some
    future capacity, Le., Zoning Board of Appeals and Planning Commission.


I
    After discussion, the Board decided not to interview each candidate, but
    rather to have them respond in writing to a list of questions to be
    submitted by each Board member. The questions will be compiled and
    provided to the candidates tomorrow, along with a letter of explanation.
    Roncelli suggested compiling a matrix for rating the candidates. MOTION
    WAS MADE by Stefanes and supported by Tobias to APPROVE selecting
    five Trustee finalists based on a compilation of each Board member's
    ratings after reviewing the written responses, which are due by 2:00 P.M.
    on Friday, November 15th. The five finalists will address the Board and
    answer any questions at the November 25th Board meeting prior to the
    Board selecting the new Trustee.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None

    Payne reviewed the Gypsy Moth Assessment Report submitted by Mark
    Ticehurst of the National Gypsy Moth Management Group. Ticehurst will
    attend the December 9th Board meeting with more information on the
    Gypsy Moth program and options for controlling the West Nile Virus.

    Trustee Tobias, while doing some "safety for kids" programming at the


I   cable studio, noticed the memorial stone for Helena Sexauer was still in
    front of the studio. While it had been moved for gardening maintenance,
    it's now time to return it to its original location in front of Township Hall.
    Cotton pointed out that while Sexauer may have done a lot for the
    Township she also made a lot of enemies. Also, there are many others
    who have formally served the Township who deserve more recognition
    Le., Bill Yaw, Homer Case, Fred Korzon, to name a few. Tobias
    suggested doing bronze plaques in the future. However, since the Board
    approved this rock, it should be returned to where it was for the dedication
    ceremony. There was much discussion between the Board members.
    MOTION WAS MADE by Tobias and supported by Devine to return the
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    TUESDAY, NOVEMBER 12, 2002
    PAGE -4-


    Helena Sexauer memorial rock to its original location in front of Township
    Hall.



I   A roll call vote was taken:

    Tobias - Yea
    Stefanes - Yea
    Devine - Yea
    Roncelli - Yea
    Cotton - Nay
    Payne - Yea

    Motion was approved five to one.

    Supervisor Payne advised that the Board needs to go into a Closed Session to
    discuss a settlement of Vail v Bloomfield Township and other material exempt
    from disclosure by state statute, namely, a legal opinion from the Township
    attorneys, exempt from disclosure under the Freedom of Information Act based
    upon attorney-client privilege. MOTION WAS MADE by Roncelli and supported
    by Stefanes to ADJOURN to Closed Session. The Board will not return to Open
    Session.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None


I   Meeting adjourned.




                                  t,'S2nu'b
                                  WILMA S. COTTON
                                                    Q .~
                                  TOWNSHIP CLERK




    TABLED ITEMS:

            Consider lot split request for the former address of 4290 N. Willoway
            Estates Court (19-16-326-016 & 19-16-377-023).




I           Consider lot split request for Lots 1, 2, 3, 4 & 5 Block 1, Lots 1, 2 & 3
            Block 2 and Lots 1, 2, & 3 Block 3, Square Lake Country Club Subdivision,
            Section 6.

            Consider lot split request for lots 7 and 8, Woodland   Estates on Gilbert
            Lake Subdivision, Section 21.

            Approve fill request for 804 N. Valley Chase Road, Hickory Heights #3,
            Section 13.

    mjg
                                             -   -   --   ---    -------------




    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25, 2002
    7:00 P.M. PUBLIC HEARING
    PAGE -1-


    PRESENT:      Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    ABSENT:       None


I   Supervisor Payne called the Public Hearing to order at 7:00 P.M. at Township
    Hall stating the purpose of the hearing was to consider a proposed Conditional
    Transfer of Property pursuant to Public Act 425 of 1984 between the Charter
    Township of Bloomfield and the City of Pontiac. Payne reviewed the sequence
    of the agenda beginning with his overview of the project, followed by legal
    analysis from Township attorneys Bill Hampton and Bill Fahey, Public
    Comments, Board Comments concluding with the Board's vote. The information
    this evening will be conveyed through a power point presentation.

    Township planning began in the 1950's when the population was less than 4,000.
    The first Master Plan was adopted in 1961, with the current plan being adopted in
    1991. The Township's planning goal has been "to build and maintain a fine
    residential community and provide a living environment which will enhance the
    quality of life for all of our residents." This has been done through proper
    planning of land uses and limiting all other development besides residential to
    those which serve the convenience of the community.

    Currently the Township's population is nearly 45,000 and the residential land is
    nearly completely developed. Development distribution and density parallels our
    Master Plan. Payne compared the Master Plan to the Zoning District Map and


I   pointed out how they coincide.

    Payne reviewed the history relative to Craig Schubiner's vision, the December
    2000 Township Public Hearing at the library where the Board of Trustees denied
    changing the zoning on the property, the compromise we thought we had
    reached with the developer, the annexation of the land by Pontiac, the court veto
    of the detachment vote and the resulting legal issues. The court ordered
    facilitation has resulted in a plan that has been radically scaled down from the
    original version.

    The Township went to court to defend our existing Master Plan and zoning
    regulations, which are similar in concept to subdivision deed restrictions. The
    impact of the increased traffic along with protecting the quality of life for our
    residents continues to be major concerns.

    Payne introduced Attorney William Hampton who reviewed the status of the legal
    proceedings. We have filed an Application for Leave to Appeal with the Michigan
    Supreme Court, which is pending. In February of 2002 Judge Langford Morris
    ordered the case to facilitation. There is a tentative settlement agreement subject
    to the Township Board and Pontiac City Council approval. If it is approved, then
    the stipulation to the Supreme Court case is remanded to Oakland County Circuit


I   Court for entry of a consent judgment.

    The consent judgment would approve the Development Agreement which
    outlines the permitted and non-permitted uses, the tiers for building height
    restrictions, the density of 2.2 million square feet residential and 2 million square
    feet non-residential, the approximately 39 acres of non-buildable area, the
    conditional transfer of land (Public Act 425) and the establishment of a Joint
    Development Council.

    Payne introduced Attorney Bill Fahey who reviewed the Bloomfield-Pontiac Act
    425 Agreement, the original and the revised Bloomfield-Birmingham 425
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    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25, 2002
    7:00 P.M. PUBLIC HEARING
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    Agreement and the property involved in each one. The 425 Agreement with
    Pontiac has stipulations relative to the Supreme Court appeal, the five Circuit


I   Court cases, the two Tax Tribunal cases, the release and satisfaction for all
    parties, except Oakland County, and it also provides for a Covenant for the
    County parties not to sue. He feels the 425 Agreement with Pontiac is a win/win
    solution. The length of the Agreement is 50 years with an automatic 50-year
    renewal. There is a formula for tax sharing and sharing of other funds. There is
    a division of responsibility for municipal services and ordinances, zoning and
    development issues and property disposition at the end of the Act 425.

    The revised 425 Agreement with Birmingham removes approximately 46 acres
    from the original Act 425 area. All other provisions of the 2001 Agreement with
    Birmingham remain the same.

    The 425 Agreement with Pontiac covers the entire 75-acre area that was
    annexed in 2001 and replaces the annexation. The property is subject to
    Pontiac's property and income taxes. The Township receives 3 mills annually,
    which is $3.00 on each $1,000 of taxable value.

    The City of Pontiac receives state revenue sharing at a higher city rate. The
    Township receives revenue sharing at the Township rate, up to 25% of the City's
    revenue sharing. Pontiac will provide all municipal services, Le., police, fire,
    EMS, water, sewer, drainage, roads, etc. It is the developer's option to decide if


I   the Township or the City of Pontiac provides water and sewer service along the
    Telegraph Road frontage. Pontiac is responsible for all ordinances except
    zoning. The Development Agreement will control the land uses and zoning
    decisions will be made by the Joint Development Council. At the end of 100
    years there will be an election in both the City of Pontiac and Bloomfield
    Township to determine if the property forever remains a part of Pontiac or is
    returned to Bloomfield Township.

    The Joint Development Council will be comprised of three members with one
    each from the City and the Township and one neutral member. The Council will
    make all discretionary zoning decisions (site plan, PUD, SUP), zoning variances
    or zoning amendments must be unanimous. It also provides for an arbitration
    process to resolve City-Township zoning disputes.

    There are three tiers for building heights, A, Band C. Tier A, which is closest to
    Telegraph Road, allows for a maximum of three stories, with the highest
    building(s) in tier C at the rear of the property.

    Hampton reviewed why we are settling now when we could continue our legal
    fight. He has been at this business for 39 years and feels continuing to fight is
    not in the best interest of the Township. This is a window of opportunity for


I   settlement. We lost a lot of leverage when the Court of Appeals ruled against the
    Township. Some people seem to be amazed that we got the deal we have
    considering what we lost in the Court of Appeals. We need to bring this drawn
    out process to a halt. He feels a settlement would be a win/win/win situation for
    everyone. Hampton recommends settlement to the Township Board.

    Payne reviewed how the development would look as you proceed north on
    Telegraph with the red building in the power point presentation representing a
    20-story building. The Township Board is committed to using the 3 mills received
    from Pontiac for traffic. We have already hired a traffic consultant and have met
    with MOOT.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25, 2002
    7:00 P.M. PUBLIC HEARING
    PAGE -3-




    Before opening the meeting for Public Comment, Payne requested that each
    resident speaking give their name and address for the record, direct their
    questions to the Board and, if possible, limit their comments to three minutes.
    Payne said that residents' questions and concerns will be written down and then
    addressed at the conclusion of Public Comments by either himself, William
    Hampton or Bill Fahey, depending on whose area of expertise it involves.

    John Richards of 6336 Lahser Road was Chairman of Citizens for Detachment.
    He grudgingly accepts this agreement, which he feels is probably the best the
    Township could do. With Bill and Bill as our attorneys it's time to move on with
    no more bills.

    Alfred Kelley of 5243 S. Kellen Ct. has lived there for about 37 years. He read all
    of the material supplied by the Clerk's office, but he sees nothing in it about
    income tax from the property.       While income tax has been mentioned this
    evening, he feels it has been omitted from the materials he has in his hand.
    Also, has a name been proposed for the development?

    Norm Parsons of 2515 Coldspring Drive, Devonshire Downs Subdivision, said his
    garage door faces Square Lake Road by Woodward.               The decibels there
    currently exceed 90 DBA. The DBA's for an automotive factory should not
    exceed 84 DBA's. Traffic also goes faster than the designated 50 mph. The


I   developer originally said he had a number of road improvements that would
    alleviate back-ups from the projected additional 10,000 cars a day this
    development would generate. He wants MDOT to look at the improvements and
    put them into effect now so as to improve the current traffic and the construction
    traffic flow.

    Walter Kummer of 1501 Bataan is close to the development. He lives next to the
    theaters and Rio Bravo. Their street continues to be a cut though street. He
    wants his street closed to Telegraph Road and turned into a cul-de-sac. He has
    concerns about the lighting at the development as he wants to be able to see the
    stars at night. He wants them to use the pinkish kind of lighting instead of white.
    He is concerned about the wetland and retention areas. The wetlands should
    not dump into the sewer system; it's important that all run-off stays on the
    property in retention areas. The current wetland conditions on the property are
    not conducive to Canadian Geese, but if the cattails, brush and trees are
    removed and grass planted, then there will be a problem with the geese. He
    wants to attend meetings for the wetlands.

    Michael Shay of 2381 Bratton Avenue is concerned if ingress and egress is only
    on Telegraph Road. Since trash trucks and suppliers will need to get in and out
    are they going to open up Franklin Road? Currently traffic from westbound


I   Square Lake Road goes through their subdivision and the speed limit is not being
    enforced. He suggests installing speed bumps. He also wanted to know who
    pays for the traffic improvements. Are you going to commit the 3 mills from the
    beginning to traffic improvements?

    Joan Case of 2447 Bratton requested that her letter she read becomes part of
    the minutes.

       1. My name is Joan Case and I am a resident of Colonial Hills
          Subdivision, which is located north of Square Lake Road between
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    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25, 2002
    7:00 P.M. PU,BLlC HEARING
    PAGE -4-


         Woodward and Telegraph Roads.             My subdivision     will be most
         affected by this development.


I     2. I direct my comments to David Payne, Bloomfield Township
         Supervisor, and to the members of the Bloomfield Township Board.
         I have a copy for each of you and request that this be made a part
         of the minutes.

      3. I don't believe that the Township Officials, the courts or Mr.
         Schubiner have seriously addressed the traffic on Square
         Lake/lTelegraph and Franklin Roads. This development can do
         nothing but create additional gridlock. Already we are plagued with
         people cutting through our subdivision at high rates of speed. How
         have you addressed cut through traffic in our subdivision?    There
         are times of the day that we cannot even get out of our subdivision
         and if we are successful getting out horns are blown at us and
         unkind gestures are made.

      4. Why, when the State did the work at 1-75 and Auburn Road, didn't
         the Township officials have the State look at Square Lake and at
         that time request that a ramp be placed at the Auburn Road
         location to alleviate some of the traffic on Square Lake Road?



I     5. Can the Development Agreement be changed/amended                    now
         before it is signed? As a resident of Colonial Hills, I insist, that the
         Township put in this agreement that there be NO ingress or egress
         on Franklin Road. If they are allowed to use Franklin Road, our
         subdivision is doomed and we will never be able to get out at any of
         our exits and entrances.

      6. I have heard rumors that Mr. Schubiner could be asked to pay for
         road improvements. Just what improvements could be done? Both
         Square Lake and Telegraph have been widened to their capacity.

      7. Exactly what      benefits   does   the     Township   get        from   this
         development?

      8. Why will the Township only get 3 mills in taxes? Would we not
         have received approximately 8 mills had the property stayed in
         Bloomfield Township?

      9. Can Pontiac annex even more property in the future?

      10.ls any vacant property in the Township not subject to some bully


I         developer?

      11. The values of the properties in Colonial Hills Subdivision are at
          stake in this matter. When are you, our Township officials, going to
         protect us?

      12.ln the agreement you report 8 stories when in actuality it is the
          equivalent to 12 stories.

      13. On November 24, 2002, my husband Ron and I took a ride over to
          the property where this development will be located only to see that
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25, 2002
    7:00 P.M. PUBLIC HEARING
    PAGE -5-


          Mr. Schubiner is having yards of dirt being brought onto the
          property. Where does the height of these proposed buildings start,


I         from the fill or from the original land flow? There is nothing in this
          agreement that says from where the height otthe buildings will be
          determined. Could you address this matter?

       14.1thank you for your time and consideration.

    Chris Wiggins of 150 S. Berkshire wanted to know if the Township Board could
    initiate action against the Development Council if they are unhappy with what
    they're doing. As much as he hates to say it, the Board should go ahead with
    the Agreement.

    Steve Harris of 1678 Hoit Tower is concerned with the precedent this
    development is setting. An individual who knew the rules but went ahead with
    his project is now thumbing his nose at the Township. He is concerned this
    situation will happen again with someone else and that people will grab parcels
    on a regular basis and we will be here again on the same situation.

    Chief Warrant Officer Five Alan Pangburn, U. S. Army Retired, of 2548 Rambling
    Way backs up to Square Lake Road. He is concerned with the latitude afforded
    to the Development Council. Is the Council authorized to approve different
    heights and frontages than specified in the Agreement? Are the height limits for


I   only the number of floors or does it include other stuff that you see on top of
    commercial buildings? Traffic is currently a pain and will only get worse.

    Anthony Lenzi of 422 Eileen Drive wanted to know what the council thinks the
    effects will be on property values for the two subdivisions abutting this new
    development.

    Kathleen Juriga of 2805 W. Hickory Grove Road is concerned about the traffic.
    She takes her son to St. Hugo and at times it takes her eight minutes to get from
    Telegraph to Lahser Road. Her road is currently a subdivision road. Several
    summers ago when there was construction on Telegraph, traffic would come
    speeding down her street. She called the police to complain about cars using
    their street as a pass through. Cars would zoom down her street at lunchtime
    while she was waiting for the school bus to pick-up her son for kindergarten. She
    doesn't want her street to become another Square Lake or Long Lake Road.
    She also proposes that they have to use the Pontiac Post Office.

    Ulrich Fahrun of 1834 Westbend Drive wanted to know if there was a time line for
    the project to start and finish or is that going to be an additional 100 years.

    John Telling of 2477 Bratton wanted to know if this bill goes through where would


I   the parking be. He said this gives them carte blanche to do what they want to
    do. There is rumor they will connect to Franklin Road. They have a lot of children
    in their neighborhood and the speed limit is 25 m.p.h. He has concerns about the
    traffic at rush hour as they come out of their subdivision by the fire station. They
    will probably have to wait 15 minutes to make a left hand turn. He does not want
    the development.

    Wayne Waller of 2501 Wildbrook Run feels that too much time and money has
    already been spent. It is up to us, the Township and Pontiac to make it work.
    The Agreement discussed height if devoted to residential; what if it's office
    space? Page 4 of the Conditional Transfer states that fire and EMS will be
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25, 2002
    7:00 P.M. PUBLIC HEARING
    PAGE -6-


    handled by Pontiac. The Township has to be prepared to protect the people.
    People on the street (those who perpetuate the crime) know the standards of


I   each community.      He has talked to residents of an apartment complex on
    Baldwin that borders Auburn Hills and they are not happy with how Pontiac
    handles crime. We need to make sure the neutral member of the three-member
    panel is very opinionated with no political agenda. There needs to be a police
    and credit check on that person and the judge should also check their
    background.

    AI Kelley said the material he has defines adult arcade and bookstore and has
    other definitions but the wording "desire to prohibit" is missing.

    Brian Ford of 4950 Dryden Lane thanked everyone who put in time and efforts on
    this matter. He had three questions: 1) have we ever had land annexed before
    and what were the circumstances 2) have we taken the necessary steps so we
    don't lose any more land in the future and 3) if we don't approve this, would we
    have the legal ability to annex the land back from Pontiac in the future?

    Mark Bolitho of 4651 Ardmore said he has built a few homes in the Township in
    the last several years. He pays $24,000 a year in taxes. For his money he
    would expect the Board to keep this a better community where he decided to
    build his home. Will it be called Bloomfield or Pontiac and will the crime be
    published in Bloomfield Hills or Pontiac. His company is Sterling Contracting


I   and they were hired to build the Harbor Company office on Telegraph. He, and
    others, had to sue Harbor Co. to get paid. He's concerned about Schubiner's
    finances.

    Brenda Campbell of 5095 Brookdale had several questions. As a drive by video
    you showed 110ft of buildings in height, which were presented in blue and faded
    in the background as compared to the red building. Why didn't we see the
    proposed 123 ft. with the 6 ft. parapet in red as a comparison to give a realistic
    view of how it will look? She can't imagine the developer would build these as
    blue buildings. Her 2nd question is how many mills will the Township receive
    annually if the area is developed as the present zoning as compared with the
    shared three mills. She believes it is currently zoned industrial. Her third question
    was what benefit is this for Bloomfield Township residents?

    Robert Campbell of 6602 Timber Ridge Drive said the Board should be
    commended on a good fight. We probably did get the best agreement we could.
    He wanted to know about the Township incorporating as a city to prevent this
    from happening again.

    Joan Case submitted the following letter from several Colonial Hills Subdivision
    residents who were unable to attend tonight's meeting and requested it become


I   part of the minutes.

           November 25, 2002

           To: David Payne, Supervisor and the Bloomfield Township Board:

           We the undersigned residents live in the Colonial Hills Subdivision,
           which is located north of Square Lake Road between Woodward
           and Telegraph Roads. We would like to go on record as being
           opposed to the Development known as Bloomfield Park to be
           located on Telegraph Road.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25, 2002
    7:00 P.M. PUBLIC HEARING
    PAGE -7-



        Our main concern is the volume of traffic that is already present on


I       Square Lake Road. With this development we know that there will
        be much more traffic. At the present time it is almost impossible to
        get out of our subdivision at certain times of the day. With the
        development of this new Bloomfield Park it will be even more
        impossible for us to get out of our subdivision. We also have
        concerns for Franklin Road. We insist that you not allow ingress
        and egress to Franklin Road. If this is allowed, we will not be able
        to go anywhere without having problems. We already have added
        traffic in our subdivision by people trying to avoid the wait on
        Square Lake Road.         We feel that this will increase as the
        development progresses because people will not want to wait in
        line on Square Lake Road. We feel that the traffic problems have
        not been considered and we cannot see anyway that this situation
        can be solved.

        We are opposed to the height of the buildings even at 8 stories
        because this breaks our zoning ordinance and its sets a precedent
        for other areas in our Township.

        We have always been proud of the way that our Township Officials
        have maintained the properties in Bloomfield Township and we


I       don't want to see changes now. We moved to this area so as not
        to have high-rise buildings, signs and such. We feel that our area
        is unique and we want to keep it that way.

        We feel that it is unfair that the City of Pontiac is able to come into
        our Township and steal our property. Where will this stop? Will
        this allow Pontiac to annex other areas of the Township? This
        needs to be stopped here before Pontiac tries to take the whole
        north end of the Township.

         The development and revenues from this area should go to
         Bloomfield Township under our Zoning Ordinance and our
         guidelines

         We urge you to not sign this Agreement.

        We are sorry that we could not be present but due to health
        problems and other commitments we are unable to attend this
        meeting.

         We thank you for your time and consideration.


I       Arthur Stewart
        2429 Bratton Avenue
        Bloomfield Hills, Michigan 48302

         Mary Stewart
         2429 Bratton Avenue
         Bloomfield Hills, Michigan 48302

         Mary Vidor
         2413 Bratton Avenue
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25, 2002
    7:00 P.M. PUBLIC HEARING
    PAGE -8-


           Bloomfield Hills, Michigan 48302



I   MOTION WAS MADE by Tobias and supported by Stefanes to CLOSE
    Public Comment.

    YEAS:
    NAYS:
                  Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
                  None

    Payne requested a couple of minutes to confer with the attorneys and they will be
    back momentarily to answer the questions that were presented during Public
    Comment.

    Payne stated that in terms of the name of the development, it is proposed to be
    Bloomfield Park. Quite frankly, this agreement is binding on the land no matter
    who owns it. It is unknown if the individual who now owns the property will
    develop it or if it will be developed to the scope of the agreement. It's possible it
    will not occur for a period of time and the name could change depending on who
    develops it.

    Regarding MDOT improvements and why we don't look at them now. At the
    Public Hearing in 2000 the developer presented his traffic study. We hired a
    traffic consultant to review that study. Our traffic consultant is working with
    MDOT and reviewing what Schubiner presented to see if any of the proposals


I   could be implemented.

    Regarding cul-de-sacs on Bataan and local issues like that, the Township Board
    will look at them and try to work with subdivision associations, Oakland County
    and MDOT to minimize the local issues.

    There was a question about when will meetings of the Joint Development Council
    happen. The meetings will be public meetings and subject to all requirements
    the Township has in terms of posting and notices to adjacent property owners.
    They are subject to Freedom of Information requests. Residents who are
    interested can attend though we don't know when that will be. Hampton said that
    once an application is filed and a developer is ready to move forward, then the
    Development Agreement provides for a public hearing not less than 30 days or
    greater than 45 days after the filing of the application. This would be a public
    hearing and notices would go out to nearby property owners.

    Regarding ingress and egress off of Franklin Road, the original proposal did not
    have an entrance into the development off of Franklin. It was strictly off of
    Telegraph. It's Payne's understanding that Pontiac intends to allow ingress and
    egress off of Franklin somewhere within the city as it abuts the property. This will
    be outside of the Township's jurisdiction.


I   Can the Township Board initiate action against the Joint Development Council?
    Hampton said the answer is yes. If the Joint Development Council exceeded
    their authority, the Township could initiate action in Circuit Court. Fahey
    interjected that if the developer simply violated the agreement, then the Township
    would have the right to go to court to get an injunction against the violation of that
    agreement. If we believe there is a violation by the Joint Development Council
    then we can initiate litigation.

    Question about the precedent being set by the approval of this project. Fahey
    indicated this was a great question. It was a point of great concern to everyone in
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    facilitation. Every single document proposed for signature states this is not
    setting a precedent for any future cases. Everyone understands the agreements


I   apply only to this property. We specifically reserve all of our rights and claims for
    any other property. Hampton said you could have another developer in a similar
    situation wanting to develop any property abutting another city, Le., Bloomfield
    Hills or Birmingham, and this settlement would not have a precedential effect.
    We did not want this to be used against us in the future.

    The latitude given to the Joint Development Council to issue variances regarding
    height or total square footage. Variances can only be granted if it is unanimous.
    They cannot modify the heights which are built into the Agreement. Payne said
    there would have to be agreement between the Township and Pontiac to do that.

    It's difficult to answer the question about property values since the values are
    based on many variables. We do not see values decreasing but that is not to say
    that traffic situations could not affect property values. He does not know.

    Who knows about the time line for the project to start and finish. Given good
    economic times, maybe it would start within the next year but given our current
    situation, its unpredictable when it may start. It could take five or fifteen years to
    develop. This development has been compared to Reston Town Center in
    Reston, Virginia. Reston was started in the early 1990's by one of the largest
    developers in the country. The Township officials have been to Reston to look at


I   the site. After 12 years, only 35 acres of the 85 acres have been developed and
    that is using one of the largest development companies in the United States.
    Reston is in a very urban area with great access from expressways and
    highways. Parking at Bloomfield Park will be basically in parking structures and
    those structures are part of the square footage in the maximum coverage.

    Regarding the Development Agreement as it relates to heights, Hampton said
    page 4 deals with tier C, paragraph 2 says 8 stories not to exceed 110 feet if
    devoted primarily to residential use. Non-residential use is referred to in
    paragraph 1 where it says if non-residential use then it's seven stories and 97
    feet.

    Mr. Kelly questioned "adult uses". Hampton stated that definitions dealing with
    bookstores on page 3, paragraph D, says they are not permitted.

    Hampton has given the Township a 25% discount on his fees.

    Payne said land has previously been annexed from the Township. Townships
    were originally created at 36 square miles and the Township is currently 26
    square miles.     Four square miles became the City of Bloomfield Hills.
    Birmingham used to be in the Township and that land was annexed probably in


I   the 20's or 30's. Pontiac Centerpointe, the GMC facility and the Marriott were
    annexed in the 30's or 40's. A portion of the Pontiac Municipal Golf Course was
    annexed some 50 to 75 years ago.

    Fahey said that until recently there has been no annexation in Oakland County in
    the last 30 years. Now that it has been made an issue, what steps are being
    taken to resolve this as an issue in the future? The other question was if we
    don't do this particular deal, would it be possible at some time in the future to go
    and take the land back from Pontiac if it goes ahead and is annexed.
    Theoretically, if we went all the way to the end and lose in the Supreme Court, it
    would be theoretical that in a couple of years we could again try to detach the
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    CHARTER TOWNSHIP OF BLOOMFIELD
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    land from the city. That detachment process is out there and is available. If we
    did that we would most likely meet with another veto. That would put us back in


I   court again trying to litigate the issue of whether the veto is valid. We could do
    that off and on for years and don't know if we would ever get an answer that
    would be a lasting one. One of the advantages of the Agreement is that it gives
    us an answer that will be lasting for 100 years. What can we do to avoid
    problems of annexation in the future? We are a Charter Township and we
    thought that gave us protection from annexation. However, it didn't. Becoming a
    city is the only answer to avoid the problem of future annexations. That is an
    issue that has been discussed and will take a long time to achieve; it's about a
    two-year process. Payne said the Board has had discussions on becoming a city
    and that will be a top priority in the months to come. We intend to explore that
    and supply a recommendation back to the residents. Hampton said petitions
    would need to be circulated and since this process takes so much time, it would
    not have prevented this annexation. Becoming a city would take a vote of the
    residents.

    Payne said that realistically the reason this annexation was successful was
    because the developer bought all of the property and moved individuals who
    were sympathetic to him as renters onto the property. He doesn't feel that would
    happen in the future since it is unlikely Township residents would circulate a
    petition and want their property moved to some other municipality. Even though
    we just had a Public Safety Millage, our millage rate is still lower than


I   communities who surround us. In most cases, residents are satisfied with the
    services the Township provides. However, we are not taking this lightly.

    The next question dealt with the video. The blue color is not necessarily going to
    be the color of the buildings. That was for demonstration purposes to determine
    the difference between the buildings. As to how many mills the Township would
    receive from the current zoning of Research Park, that would depend on the
    value of the development. So it would be difficult to compare what it would be.
    Over half of the land is currently vacant and the houses on the land are not in
    good condition.

    Payne stated that as far as what he had on the list, they have responded to all of
    the questions. Hampton and Fahey were in agreement.

    Devine stated that at this time, for discussion purposes, he wants to move that
    we APPROVE the resolution approving Agreement for the Conditional Transfer
    of Property, First Amendment Agreement for Conditional Transfer of Property,
    the Development Agreement, Consent Judgments, Release and Satisfaction and
    Covenant Not to Sue as submitted in the package. He wanted to speak to the
    merits of his motion.



I   Payne said we had a motion on the floor, he will ask for a second and then we
    will have Board discussion. Tobias seconded the motion.

    Devine thanked everyone involved in the process. As evidenced by the crowd
    tonight, this decision was not done in a vacuum. The decision has taken into
    account the input from everyone. Facilitation, with the Confidentiality Agreement,
    was mandated by the court. He thanked everyone for their patience. We heard
    from you and we shared the same concerns as you on height, traffic, density,
    casinos and cell towers. We did not want adult uses either. He thanked Citizens
    for Detachment and the 5000 people who signed the petitions and gave us the
    standing to go to court. We would never have gotten the Court of Appeals'
    CHARTER TOWNSHIP OF BLOOMFIELD
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    NOVEMBER 25, 2002
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    PAGE -11-


    approval and we would not have had the leverage to settle these cases in the
    way we did. He thanked John Richards personally who made this about a 90


I   hour a week volunteer job. Also, the United Homeowners Association and Tom
    Wilson for bringing the status of Bloomfield Park to the residents. He also
    thanked County Commissioners Shelly Taub and David Buckley; both were sued
    on our behalf by the County for signing petitions for our right to vote. He also
    thanked Tom Law, Chuck Moss and County Commissioner's Attorney Rich
    Pollen. He recognized newspapers though some articles were not written the
    way he would have written them. However, the newspapers kept pressure on
    the resolution. He thanked the Township employees as they put on a positive
    face and continued serving the public. He also thanked Chuck Leman, HRC,
    traffic consultant Mike Labadie, MDOT and the attorneys. With the wisdom of Bill
    Hampton, when he suggests a client take a settlement, you would be a fool not to
    take it. Hampton suggested that we hire Bill Fahey who had more expertise on
    this kind of case than he did and we have not been disappointed. Birmingham
    was our partner well before Schubiner came in the door. They stuck their neck
    out for us and he thanked Tom Markus and Tim Currier. He also thanked
    Pontiac officials, Everett Seay who is present along with John Bueno who turned
    the tide in this winlwin settlement. We shared the realization to be good
    neighbors. He thanked the Board of Trustees and their families. The folks on
    the Board do a thankless job. It was not a decision by one or two people. It was
    very particular and very complex. Bill Yaw gave his life and soul to the Township
    since 1966 and he wanted these matters settled in the best possible way for the


I   Township and I think he would be proud how it turned out. The problem is we
    didn't own this land. It was owned by all sorts of different people and a very
    shrewd fellow, got to give him credit, took a lot of time and money and over time
    he assembled the property. He owns this land. There is only so much you can
    do to control what someone can do on their property. It wasn't like Pontiac stole
    our land. We have a fiduciary obligation to do the best we can under the
    circumstances. Devine will take the advise of our attorneys. He's not happy with
    it but he will be able to look himself in the mirror and say we did the best we
    could under the circumstances.

    Tobias said it would be hard to top what Devine said. He's not going to talk long.
    He likes to win, even as a little kid. This was tough. He felt all along that
    everything we did was professional and right. We followed the advise of our
    attorneys who did a magnificent job and the fellow Trustees. We thought we
    were doing it for our constituents. But the courts overruled us, the media
    criticized us and we got letters that were not the kind he liked to receive. We
    were deprived our right to vote and the future looked bleak. Quite frankly when
    we sat down and heard the possibilities of what we could do, it sounded pretty
    good to him. So he decided this was something we needed to do. Working with
    the Council of Pontiac was good. Together we can do this and do it well. He
    fully supports what we are doing and he's satisfied.


I   Clerk Cotton read the following statement regarding the Conditional Land
    Transfer to the City of Pontiac, Proposed Bloomfield Park Development

               Bloomfield Park would have been nothing more than a
          local zoning and land use issue except for an aggressive
          developer who didn't get his way and Oakland County
          officials who, in a conflict of duty owed to all communities
          and for unknown reasons, supported his preposterous
          plans.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25, 2002
    7:00 P.M. PUBLIC HEARING
    PAGE -12-


           I am absolutely not opposed to developing the
        property; it just needs to be done in the context of the


I       long standing
        Ordinances.
                          Township Master Plan and Zoning


            Going into facilitation several months ago, this Board
        agreed that the Township absolutely had to have 3 things
        to even consider a settlement:

                  •   The property had to come back to Bloomfield
                      Township.
                  •   We had to know Craig Schubiner's financial
                      backers.
                  •   There would be no casinos on the property.

            The Development Agreement true enough may not
        permit casinos but the Conditional Land Transfer gives the
        property to the City of Pontiac. To this day we don't know
        Craig Schubiner's financial backers or whether he will be
        able to finish what he starts. Even if he ultimately sells
        the property and doesn't proceed with his fantasy, the
        property will still belong to the City of Pontiac and the

I       Development Agreement will run with the land.

           Some of you may recall that the Township held a Public
        Hearing at the Library on December 6, 2000, for the
        original presentation of Schubiner's plans.       Over 300
        residents attended that Hearing and repeated over and
        over that their greatest concerns were height and density!
        At the Hearing the Township presented many video slides,
        one of which pointed out that the City of Birmingham has 3
        million square feet of use on 148 acres. This Development
        Agreement proposes 4.5 million square feet of use on
        68 acres of useable land.

             No meaningful determination has even been attempted
         regarding the amount of traffic that will be generated in
         the already congested Telegraph/Square Lake/Franklin
         corridor. The traffic issue is critical and inasmuch as I
         live in the Telegraph/Hickory Grove Road area, I share the
         concerns of our residents!   I have been unable to answer
         the question on how the Township proposes to stop cut-


I        through traffic in the residential subdivisions off all major
         or secondary roads.

             The Development Agreement proposes building heights
         from 3 to 8 stories at 46 to 123 feet. Bloomfield Township
         Ordinances currently permit buildings at 32 feet, or
         approximately 10.5 feet per floor.       Simple arithmetic
         calculates that a 123-foot building is equivalent to 12
         stories.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25, 2002
    7:00 P.M. PUBLIC HEARING
    PAGE -13-


           Further, the Development Agreement doesn't indicate
        where building heights will be measured from and all the


I       while we have been sitting at the facilitation table, Craig
        Schubiner has had yards of dirt dumped on the property,
        possibly to raise the grade and thus make the buildings
        appear even higher.

           It should have been known by Township Officials and
        counsel that with the incredible disparity between the
        Township's zoning on the property and the developer's
        desire to create a Reston, Virginia development, with its
        multi uses and several high rise bUildings, that at a
        minimum the Township would end up with 10-12 story
        bUildings and density at an extreme.

            Prior to the facilitation process, Township attorneys
        convinced me that if litigation ultimately proceeded to
        Supreme Court, we would likely prevail on the merits of
        the constitutional issue of our residents right to vote in a
        Detachment election. Our rights as United States citizens
        have been violated! The Township has a signed affidavit
        from a young woman who personally                called me

I       approximately     2 months ago reporting         that Craig
        Schubiner had offered her "several months of free rent" if
        she would register and vote affirmatively in the annexation
        election. She registered on August 10, 2001, she voted on
        September 11th, and then moved into the house on
        September 22nd•

            One of the existing lawsuits is the 425 Agreement with
        the City of Birmingham, which counsel had advised that
        pursuant to state statute was valid on its face at the time
        of filing on August 31, 2001, prior to the annexation
        election.

              Once involved in a lengthy series of facilitation
        meetings, our attorneys should have known that the legal
        fees would mount rapidly to a significant amount. Simple
        reasoning dictates that the longer it took to resolve
        facilitation, the more we stood to lose and with severe
        financial costs. The Supervisor and attorneys were aware
        of my position on ending facilitation. Essentially with an


I       impasse after just a few meetings I felt we should have
        proceeded with the litigation already in place and
        exhausted our court remedies.

           Facilitation as handled precluded a rational legal
        progression through the courts that could well have been
        resolved in favor of the Township at significantly lower
        costs.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25, 2002
    7:00 P.M. PUBLIC HEARING
    PAGE -14-


             I am adamantly opposed to giving Township property
          to the City of Pontiac or any other municipality because of


I         some developer and his fantasy.

               In the future how will the Supervisor defend the Zoning
           Ordinances and Master Plan against any other aggressive
           developer who decides to buy property in the Township,
           even though counsel asserts that the Agreement will not
           carry precedent?

                The most important issue in this entire matter is the
           fact   that  when the documents        are signed,     the
           CHARACTER of the Township will be changed
           forever.     We will no longer be the premier quiet
           unassuming residential community in Oakland County.

              For these reasons I vote unequivocally               NO on the
           Conditional Transfer of Property.

              I request my comments be written into the minutes
           and become a permanent part of the record.


I          Wilma S. Cotton
           Township Clerk

    Roncelli said she went into this with the idea that we would fight it all the way to
    the Supreme Court, but when we kept losing the cases, she knew we had to look
    at what will be developed and have a say in it.

    Stefanes agrees that it has been a painful process with highs and lows. When
    working with Pontiac, she felt we could work it out. A lot of good has been
    accomplished. She supports the Agreement and wants to move forward. She's
    confident the Joint Council will do what is right and will be proud of it.

    Payne said a reporter referred to him as a quiet person. He's not really happy
    with what has transpired since he wishes we could have maintained the property.
    He had to evaluate the situation and look at the risks to the Township if we were
    to lose. What we have is livable. He's not happy with the traffic. We will have to
    work with Pontiac to make sure we don't end up with a white elephant. If we
    were to proceed with litigation, he was concerned with the outcome since we
    possibly would end up with tall buildings and have no control over the
    development. Ms. Cotton made reference that he and the attorneys decided to
    go to facilitation. He is only one vote. The decisions were made collectively,


I   though reluctantly.

    MOTION WAS MADE by Devine and supported by Tobias to APPROVE the
    following resolution:

                  RESOLUTION APPROVING AGREEMENT FOR
                   CONDITIONAL TRANSFER OF PROPERTY,
         FIRST AMENDED AGREEMENT FOR CONDITIONAL TRANSFER OF
                               PROPERTY,
              DEVELOPMENT AGREEMENT, CONSENT JUDGMENTS,
           RELEASE AND SATISFACTION, AND COVENANT NOT TO SUE
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25, 2002
    7:00 P.M. PUBLIC HEARING
    PAGE -15-




I          WHEREAS, the City of Pontiac ("Pontiac"), the City of Birmingham
    ("Birmingham"), and Bloomfield Charter Township ("Bloomfield") are "local units"
    as defined by Public Act 425 of 1984, as amended ("Act 425"), MCL 124.21 et
    seq;and

            WHEREAS, Act 425 enables two local units of government to conditionally
    transfer property by written agreement for the purpose of economic development
    projects; and

            WHEREAS, Pontiac and Bloomfield propose that certain property be
    conditionally transferred from Bloomfield to Pontiac pursuant to Act 425; and

           WHEREAS, a proposed Agreement for Conditional Transfer of Property
    pursuant to Act 425 (the "Pontiac Act 425 Agreement," attached hereto as Exhibit
    A), providing for matters permitted and required under Act 425, has been
    presented to the Township Board for consideration; and

             WHEREAS, the Pontiac Act 425 Agreement provides for the conditional
    transfer of property in Bloomfield to Pontiac, including provisions for municipal
    utilities and services, zoning and land use approvals, tax and revenue sharing,
     rates and charges for services, ordinance application and enforcement, and


I   jurisdiction after termination, and mutually benefits Pontiac and Bloomfield; and

           WHEREAS, a proposed First Amended Agreement for Conditional
    Transfer of Property ("First Amended Birmingham Act 425 Agreement," attached
    hereto as Exhibit 2) has been presented to the Township Board, which would
    remove a portion of the original Transferred Area under the August 30, 2001
    Agreement for Conditional Transfer of Property between Bloomfield and
    Birmingham; and

           WHEREAS, proposed drafts of the Pontiac Act 425 Agreement and the
    First Amended Birmingham Act 425 Agreement were placed on file with the
    Township Clerk on November 15,2002; and

           WHEREAS, the Township Board held public hearings on November              25,
    2002, in accordance with Section 4 of Act 425, at a special meeting regarding    the
    proposed Pontiac Act 425 Agreement and First Amended Birmingham Act             425
    Agreement, preceded by notice of public hearing in accordance with               the
    requirements of Michigan's Open Meetings Act; and

           WHEREAS, a proposed Development Agreement (attached hereto as
    Exhibit 3), has been presented to the Township Board and considered at the


I   foregoing public hearings, and such Development Agreement would cover the
    property transferred under the Pontiac Act 425 Agreement; and

           WHEREAS, certain litigation (the "Litigation") has ensued between
    Bloomfield and various other parties, which Litigation is entitled as follows with
    the applicable case numbers:

          A.     Charter Township of Bloomfield v G. William Caddell, in his
                 capacity as Oakland County Clerk and Mary Jo Hammond in her
                 capacity as Director of Elections for Oakland County and City of
                 Pontiac and Harbor Telegraph - 2103 L.L.C., Bloomfield Acres
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25, 2002
    7:00 P.M. PUBLIC HEARING
    PAGE -16-


                Acquisition Company L.L.C., Harbor Telegraph - 1881 L.L.C.,
                Harbor Telegraph-1899, L.L.C. and Harbor Vogue Plaza L.L.C.,


I         B.
                Supreme Court Case No. 122419, Court of Appeals No. 238209,
                Oakland County Circuit Court No. 01-033228-Cl.

                Harbor Telegraph-2103 L.L.C., Bloomfield Acres Acquisition
                Company, L.L.C., Harbor Telegraph-1881 L.L.C., Harbor
                Telegraph-1899 L.L.C. and Harbor Vogue Plaza L.L.C. and City of
                Pontiac v Oakland County Board of Commissioners, Commissioner
                Shelly Taub, Commissioner David Buckley and Charter Township
                of Bloomfield and L. Brooks Patterson, Oakland County Executive,
                Supreme Court Case Nos. 122420, 122421, 122422 and 122423.
                Court of Appeals No. 239246, Oakland County Circuit Court No.
                01-036872-Cl.

          C.     Harbor Telegraph - 2103 L.L.C., Bloomfield Acres Acquisition
                 Company L.L.C., Harbor Telegraph - 1881 L.L.C., Harbor
                 Telegraph - 1899 L.L.C. and Harbor Vogue Plaza L.L.C. and City
                 of Pontiac v Charter Township of Bloomfield and City of
                 Birmingham, Oakland County Circuit Court Case No.: 01-034152-
                 Cl.

          D.     Edward G. Lennon and Brad Simmons v G. William Caddell, in his


I                capacity as Oakland County Clerk, City of Pontiac, Charter
                 Township of Bloomfield, and City of Birmingham, Oakland County
                 Circuit Court Case No.: 01-035302-AW.

          E.     David Payne, in his capacity as Supervisor, and the Charter
                 Township of Bloomfield v Oakland County and Oakland County
                 Board of Commissioners, Michigan Tax Tribunal Docket No.
                 0290997.

          F.     City of Birmingham v Oakland County and Oakland County Board
                 of Commissioners, Michigan Tax Tribunal Docket No. 0291089.

          G.     Charter Township of Bloomfield v John R. Nolen and Jeremy
                 Navarre, Oakland County Circuit Court Case No.: 01-036364-Cl;
                 and,

          WHEREAS, in order to settle the Litigation, the Township Board has
    considered certain Stipulations (attached hereto as Exhibit 4), together with a
    Release and Satisfaction (attached hereto as Exhibit 5) and a Covenant Not to
    Sue (attached hereto as Exhibit 6).



I          NOW, THEREFORE, BE IT RESOLVED that the Township Board finds
    that the Pontiac Act 425 Agreement and the First Amended Birmingham Act 425
    Agreement will work to prevent conditions of unemployment and will assist
    economic development of the Transferred Area and will be beneficial to the
    residents of Bloomfield and the region; and the Township Board hereby approves
    those Agreements; and

           BE IT FURTHER RESOLVED, pursuant to and in compliance with Act
    425, the Supervisor and Treasurer are hereby authorized to execute the Pontiac
    Act 425 Agreement and the First Amended Birmingham Act 425 Agreement on
    behalf of Bloomfield; and
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25, 2002
    7:00 P.M. PUBLIC HEARING
    PAGE -17-



           BE IT FURTHER RESOLVED that the Supervisor and Treasurer shall be


I   authorized to execute the Development Agreement; and

           BE IT FURTHER RESOLVED that the Supervisor and Treasurer shall be
    authorized to execute the Release and Satisfaction and the Covenant Not to Sue
    on behalf of Bloomfield; and

           BE IT FURTHER RESOLVED that Bloomfield's attorneys shall be
    authorized to execute the Stipulations in the Supreme Court and the Circuit Court
    and move to dismiss the above proceedings in the Tax Tribunal on behalf of
    Bloomfield; and

           BE IT FURTHER RESOLVED that Bloomfield's approval of each of the
    foregoing documents shall be tie-barred, and that Bloomfield's approval of the
    foregoing documents shall not be effective unless all such documents are
    approved and executed by all the other parties listed as signatories to those
    documents.

          All prior resolutions in whole or part inconsistent with this Resolution are
    hereby rescinded.

    A roll call vote was taken:


I   Tobias - Yea
    Stefanes - Yea
    Devine - Yea
    Roncelli - Yea
    Cotton - Nay
    Payne - Yea

    Motion was approved five to one.

    The Public Hearing adjourned at 9:22 P.M.

    Supervisor Payne called the regular Board of Trustees meeting to order at 9:34
    P.M.

    PRESENT:      Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    ABSENT:       None

    The Board minutes of November 12, 2002 were approved as printed.

    Payne explained that State Statute permits the Township Board to appoint a


I   Trustee replacement to fill the vacancy created by the untimely death of Trustee
    Bill Yaw. Through an open application process, which was published in several
    newspapers, 21 people submitted their letters of interest and/or resumes. Each
    Board member selected their five finalist choices based upon the candidate's
    written answers to eight questions submitted by the Board. The top five
    cumulative vote getters were notified and are present this evening. They will
    each make a brief presentation and then answer any questions. They will go in
    alphabetical order, which in no way indicates the number of votes received.

    Neal Barnett - Barnett indicated that he is honored to have been selected as a
    Trustee finalist for such an extraordinary community. He expressed his sadness
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25, 2002
    7:00 P.M. PUBLIC HEARING
    PAGE -18-


    in the loss of Bill Yaw and his respect for such a great individual. Barnett
    reviewed the fact that he and his wife decided early in their marriage to live and


I   raise their children here, of which there is three. He reviewed his involvement in
    his subdivision association, the law firms where he has worked and the Township
    Zoning Board of Appeals, which has given him knowledge of various issues and
    residents' concerns. He works with the Township as a team player and has
    always tried to treat people with dignity and respect. He has first hand personal,
    professional and people experiences that will help him can step into the vacant
    Trustee position.

    David Buckley - Buckley reiterated the sentiments already expressed for Bill
    Yaw. Buckley has been a Township resident for 37 years. At 16 he was elected
    to the Hugo Hills Homeowners Association. He has been a Fortune 500
    employee and consultant.       In 2000 he was appointed to the County
    Commissioners and has since been elected to that position. He headed the
    Citizens Committee for the Police, Fire and EMS millage. The Township faces
    some unique issues and he is ready to address them.

    Richard Mintz - Mintz moved to the Township 27 years ago. He feels this is the
    most ideal community he could have selected. His dad always said to give back
    to the community and he has strived to do that through his involvement as
    President of the Dells of Bloomfield, a member of the Cable Board and member
    of the Township Planning Commission. He continues to teach at Walsh College,
    which he has done for 22 years. When the 48th District Court was seeking
    magistrates, he applied. He said he enjoys watching Bloomfield Community
    television. Mintz feels he can bring a wealth of experience to the Township.
    After all his years on the Planning Commission, he would like to join this team.

    John Richards - Richards moved to the Township 10 years ago. He chose to
    live here because of the character of the Township. He chaired the Citizens for
    Detachment. He has always had a dedication for public service - there is
    something good about giving back to the community. He reviewed his business
    background. He turns around distressed companies for a living. He is politically
    active and foresees future problems with Schubiner. He wants to be here to fight
    for the community. He said the Township is lucky to have five very good finalists.
    He brings his business and political expertise and commitment to the Board.

    Jeff Salz - Salz thanked the Board for selecting him as one of the finalists. He
    moved here in 1976 from New York. In 1979 he moved to Westchester Village
    where he was association president for ten years. He has been active in the
    schools. His background shows that he has a high level of commitment; he sees
    things through. He indicated there are two ways of looking at things: 1)
    everything is wrong and you want to change it, or 2) everything is right and you
    want to continue to maintain it. He felt question number 7 was the hardest. He


I   can't say that he would always agree because disagreement is good. He does
    make the following promises:
        1) Even if he disagrees, he will support the decision of the Board.
        2) He will serve others and not his own agenda.
        3) He will be open to change; he will not come into a meeting with his mind
           already made up.

    Tobias indicted that each of the five finalists are remarkably good and anyone of
    them would do a great job. He congratulated each one.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25, 2002
    7:00 P.M. PUBLIC HEARING
    PAGE -19-


    Roncelli wanted to know what attorneys Barnett and Mintz would bring to the
    Board since we already have legal expertise that we pay for and Treasurer


I   Devine is also an attorney. She also reiterated the fact that we are fortunate to
    have the type of candidates we have.

    Barnett said he is also a psychologist. His legal expertise is only 1/3 of what he
    would bring to the Board as he has many experiences, including business and
    working with others.

    Mintz said he also graduated with a degree in psychology.            Fred Korzon
    nominated him to serve on the Planning Commission where he thinks as a
    planner and not a lawyer. As a Trustee he will think as a trustee. Eighteen years
    ago he became the Mock Trial Coach for Andover High School. In 2006 he
    hopes to have the national competition at the Oakland County Courthouse.

    Tobias questioned the candidates relative to their attendance at Township Board
    meetings.

    Barnett said he has attended Township Board meetings.

    Buckley said he made it a point, as an elected official, to be here each month or
    two. He also represents Troy and the City of Bloomfield Hills.



I   Mintz came to the Township meetings regularly for six months before he joined
    the Cable Board.

    Richards said he has attended Board meetings.

    Salz said he has attended Board meetings many times.         He also attends the
    Birmingham Board of Education meetings.

    Payne read the Resolution drafted by Attorney William Hampton establishing the
    procedures for filling the vacancy on the Township Board of Trustees. Hampton
    then gave a layman's explanation of the process. MOTION WAS MADE by
    Tobias and supported by Stefanes to ADOPT the following resolution:

                                     RESOLUTION

                     ESTABLISHING PROCEDURES FOR FILLING
                         VACANCY ON TOWNSHIP BOARD

           WHEREAS, pursuant to state statute, the vacancy created by the death of
    Trustee Bill Yaw, must be filled no later than the regularly scheduled meeting of
    the Township Board on November 25,2002; and


I          WHEREAS, the vacancy on the Township Board can only be filled with the
    concurring vote of four members of the Township Board with the new Township
    Trustee to serve the balance of Mr. Yaw's term; and

           WHEREAS, in order to assure fairness and to protect the best interest of
    the community and citizens of the Township of Bloomfield, the Township Board
    has determined that it is appropriate to establish a procedure for nominations and
    the appointment of a new Township Trustee to fill the aforementioned portion of
    Trustee Bill Yaw's term.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25, 2002
    7:00 P.M. PUBLIC HEARING
    PAGE -20-


            NOW, THEREFORE, BE IT RESOLVED:



I          1.    That the Township Board hereby establishes the following
    procedure with respect to nominations and the appointment of a new Township
    Trustee:

                 a.    At the public meeting of the Township Board at which the
                       Township Board addresses the issue of appointment of a
                       new Township Trustee, the Clerk shall announce that
                       nominations may be made by members of the Township
                       Board for those persons to be potentially appointed as the
                       new Township Trustee. The nominations made by the
                       Board do not need to be seconded by another Township
                       Board member.

                 b.    After all the nominations have been made by the Township
                       Board, the Clerk shall announce that the portion of the
                       meeting devoted to making nominations is closed and the
                       Clerk shall declare those person who have been nominated.

                 c.    The Township Board shall vote on the persons nominated
                       with each Board member not being able to cast a vote for
                       more that one (1) nominated person. In the event that any of


I                      the nominated persons receives four (4) or more votes, that
                       person shall be the person who is appointed as the new
                       Township Trustee. In the event that none of the nominated
                       persons receives at least four (4) votes, those persons who
                       received the fewest votes during the first vote shall be
                       dropped from consideration and the Township Board shall
                       hold another vote with respect to those remaining nominated
                       persons. Votes will continue to be held by the Township
                       Board until one of the nominated persons either receives
                       four (4) concurring votes of the Township Board and/or there
                       are no nominated persons left in contention. On each vote
                       the Township Board holds, those nominated persons who
                       receive the fewest number of votes shall be dropped from
                       consideration.

                 d.    In the event that after the above-described successive votes
                       of the Township Board, no nominated person receives the
                       required four (4) concurring votes of the Bloomfield
                       Township Board and due to the dropping from consideration
                       of those nominated persons who receive the fewest votes on
                       each vote of the Township Board, there ends up no


I                      nominated persons remaining for the Township Board to
                       vote on, the Clerk shall then re-open the nominating
                       procedure and allow the Township Board to make new
                       nominations for persons to fill the portion of the deceased
                       Township Trustee's term and the Township Board shall
                       follow the procedure described above with respect to the
                       nominating procedure, voting and appointment of the new
                       Township Trustee.

    YEAS:        Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    ANYS:        None
                   -----------                      ---        -----         --         ------




    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25, 2002
    7:00 P.M. PUBLIC HEARING
    PAGE -21-




    Clerk Cotton Called for Nominations.


I   Cotton nominated Neal Barnett.

    Tobias nominated the four other candidates.

    MOTION WAS          MADE      by Cotton   and         supported    by Devine   to    CLOSE
    nominations.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None

    A roll call vote was taken:

    Tobias - Mintz
    Stefanes - Buckley
    Devine - Buckley
    Roncelli - Mintz
    Cotton - Barnett
    Payne - Richards

    Salz was eliminated since he was the low vote getter with zero.


I   Another roll call vote was taken:

    Roncelli - Mintz
    Cotton - Barnett
    Payne - Buckley
    Devine - Buckley
    Stefanes - Buckley
    Tobias - Mintz

    Richards was eliminated since he was the low vote getter with zero.

    Another roll call vote was taken:

    Tobias - Mintz
    Stefanes - Buckley
    Devine - Buckley
    Payne - Buckley
    Cotton - Barnett
    Roncelli - Mintz




I   Barnett was eliminated since he was the low vote getter with one.

    Another roll call vote was taken:

    Roncelli - Mintz
    Cotton - Mintz
    Payne - Buckley
    Devine - Buckley
    Stefanes - Buckley
    Tobias - Mintz
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25,2002
    7:00 P.M. PUBLIC HEARING
    PAGE -22-


    Since Buckley and Mintz each received three votes, nominations were reopened.



I   Devine indicated that while he knows all of the candidates, given his experience
    serving the community and having won a County Commissioner election, he
    nominates Buckley.

    Cotton nominates Barnett whom she has worked closely with on the ZBA where
    he has done an excellent job.

    Roncelli nominated Richards who brings to us commitment and service; he goes
    above and beyond duty.

    Tobias nominated Mintz.

    MOTION WAS         MADE       by Devine   and supported   by Stefanes   to CLOSE
    nominations.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None

    A roll call vote was taken:

    Devine - Buckley


I   Stefanes - Buckley
    Tobias - Mintz
    Roncelli - Richards
    Cotton - Barnett
    Payne - Buckley

    Barnett, Mintz and Richards were eliminated since they each received only one
    vote.

    A Roll Call Vote was taken to either vote yea or nay for Buckley.

    Stefanes - Yea
    Tobias- Yea
    Devine - Yea
    Roncelli - Nay
    Cotton - Nay
    Payne- Yea

    Buckley received the necessary four votes and will be the new Trustee for the
    remainder of Bill Yaw's term.




I   Payne stated that he appreciated everyone's interest in the vacant Trustee
    position. He then congratulated Buckley who will be sworn in as Trustee once he
    submits his letter of resignation to the Board of County Commissioners.

    Tobias reviewed his idea for a memorial for Bill Yaw. He suggests the William R.
    Yaw, Jr. Employee of the Year award. There would be a wooden plaque on the
    wall of Township Hall bearing Bill's picture with the name of each yearly winner
    engraved on the plaque; the employee would receive a plaque to take home and
    keep.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    NOVEMBER 25, 2002
    7:00 P.M. PUBLIC HEARING
    PAGE -23-


    Cotton is in favor of a memorial to Yaw, but does not favor the Employee of the
    Year proposal.


I   There was discussion relative to actually giving an award to either an employee
    or citizen who exemplifies Yaw's professionalism or perhaps naming the
    Township auditorium after him. The Board will think about various memorial
    options and decide at a future Board meeting.

    Supervisor Payne submitted the 2003-2004 complete itemized budget proposals to
    the Board; this was done in accordance with budget regulations for Charter
    Townships.

    YEAS:        Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:        None

    MOTION WAS MADE by Tobias and supported by Devine to AUTHORIZE
    payment of payroll and vouchers A017295-A017315, B092197-B092363,
    E000674-E000683 totaling $1,347,357.96.

    YEAS:        Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:        None

    Payne advised the Board that on December 1ih he would be having open-heart


I   surgery at the University of Michigan Hospital to replace a valve and aorta. He
    expects to make a full recovery though he will be off work for at least six weeks.
    He had asked Hampton to research appointing a temporary Supervisor in his
    absence. MOTION WAS MADE by Tobias and supported by Stefanes to
    APPOINT Township Treasurer Dan Devine to be the Acting Supervisor during
    Payne's medical leave effective December 17, 2002, up until the disability of
    Payne is removed.

                                     RESOLUTION

           WHEREAS, pursuant to MCL 41.58, if because of disabilities, the
    Township Supervisor is unable to perform the duties of his office, the Township
    Board may make a temporary appointment of a suitable person to discharge the
    duties of the incumbent supervisor's office; and

          WHEREAS, David Payne, the duly elected supervisor of the Charter
    Township of Bloomfield, has indicated to the Township Board of an impending
    medical procedure which, together with a period of rehabilitation, may
    incapacitate Mr. Payne for a period of approximately sic (6) weeks; and

          WHEREAS, the Township Board believes it is imperative that a temporary


I   appointment of a suitable person be made in accordance with the statute to
    discharge the duties of the Supervisor's office during Mr. Payne's absence;

            NOW, THEREFORE, and pursuant to MCL 41.58, the Township resolves
    as follows:

            1.    That Daniel Devine, Jr. be and the same is hereby appointed as
    Acting Supervisor effective December 17, 2002 to discharge the duties of the
    office of Township Supervisor during Supervisor David Payne's absence.
    Provided, further that upon the return of Supervisor David Payne to work
    following his disability that this appointment shall terminate.
     CHARTER TOWNSHIP OF BLOOMFIELD
     BOARD OF TRUSTEES
     NOVEMBER 25, 2002
     7:00 P.M. PUBLIC HEARING
     PAGE -24-



           2.      That Daniel Devine, Jr. shall take the oath of office as required by


I    law and shall continue to discharge such duties until the disability of Mr. Payne is
     removed.

     YEAS:         Payne, Devine, Tobias, Stefanes, Roncelli
     NAYS:         Cotton

     Meeting adjourned at 10:45 P.M.




                                         i ,S:;"W--- ~
                                       WILMA S. COTTON
                                       TOWNSHIP CLERK




'I
     TABLED ITEMS:

             Consider lot split request for the former address of 4290 N. Willoway
             Estates Court (19-16-326-016 & 19-16-377-023).

             Consider lot split request for Lots 1, 2, 3, 4 & 5 Block 1, Lots 1, 2 & 3
             Block 2 and Lots 1, 2, & 3 Block 3, Square Lake Country Club Subdivision,
             Section 6.

             Consider lot split request for lots 7 and 8, Woodland    Estates on Gilbert
             Lake Subdivision, Section 21.

             Approve fill request for 804 N. Valley Chase Road, Hickory Heights #3,
             Section 13.


     mjg


I
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -1-


    PRESENT: Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    ABSENT:  None



I   Supervisor Payne welcomed Trustee designate David Buckley. While Buckley will sit at
    the Board table and participate in the discussions this evening, he cannot vote since his
    resignation from the County Commissioners is not effective until Thursday, December
    12,2002.

    Dan Devine, Jr. was sworn-in as the Acting Supervisor by Clerk Cotton, effective
    December 1ih until Supervisor David Payne returns from sick leave.

    Debbie Schutt, Township resident and Woodward Heritage Team Coordinator,
    highlighted several aspects of the Woodward Heritage Organization, which was founded
    in March of 1999 when Governor John Engler designated Woodward Avenue as a State
    Heritage Route. On June 13, 2002 Woodward was designated Michigan's only National
    Scenic Byway by Secretary of Transportation Norman Mineta. The organization's
    mission and purpose is to position Woodward as the premier avenue for Southeast
    Michigan, to promote and coordinate enhancement efforts along the avenue which is
    26.8 miles in length from the Detroit River to the terminus loop in Pontiac, to energize
    the avenue and strengthen community pride and excitement and to proVide a
    welcoming, unique experience for those along the avenue.

    The Heritage Team is comprised of 12 members, with six members appointed by the
    Woodward Avenue Action Association and six members appointed by Woodward


I
    Heritage Organization, Wayne. The Team has been in existence for a little over a year.
    The Southeast Michigan Council of Governments acts as facilitator and fiduciary. The
    Michigan Department of Transportation acts in an advisory capacity.

    Woodward Heritage was awarded $844,000 of Federal Highway Administration Scenic
    Byways Funds. Match support of $201,000 was provided by the Michigan Department
    of Transportation, Woodward Avenue Action Association, Woodward Heritage
    Organization, Wayne, and the counties of Oakland and Wayne. Corporate and
    foundation grants, corporate contributions and private donations support promotional
    activities.

    When questioned, Schutt said they are only looking for cooperative effort from the
    Township and not for the Township to join and contribute financially.

    The Board thanked Schutt for her enthusiastic presentation, which conveyed her
    commitment and love of Woodward Avenue and the Woodward Heritage Team.

    Supervisor Payne requested the Board consider the Planning Commission
    appointments at this time since candidate Jane Reisinger, who is present, is not feeling
    well. Payne reviewed the proposed appointments and terms of office. Membership is
    being increased from five to seven members with Jane Reisinger and Jeff Salz as the


I   proposed two new members. Our legal counsel recommends the terms of office be
    staggered.

    Cotton stated that Robert Wittbold should resign from the Planning Commission since
    he is out of town six months out of the year causing him to miss meetings and at times
    his conduct and language has not been representative of the Township's
    professionalism. The Township has a history of requesting Planning Commission and
    Zoning Board of Appeals members to resign if they are out of town for extended
    periods, causing them to miss meetings.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -2-


    According to Payne, Wittbold has offered to resign if his attendance is an issue, but
    since the Planning Commission has not been meeting on a regular basis he did not feel
    it was an issue. Payne will talk to Wittbold about his language.


I   The Board discussed the appointment of Wittbold. As Township Supervisor, Payne
    stated he has a right to bring the issues of absences and behavior to the Board at any
    time.

    MOTION WAS MADE BY Cotton and supported by Roncelli to APPOINT all of the
    candidates, except Bob Wittbold, to the Planning Commission and appoint another
    member at a future date.

    Member                           Date Appointed                    Term Expires

    Dick Mintz                          1/1989                          12/31/2005
    John Swoboda                        4/1989                          12/31/2005
    David Lubin                         8/1997                          12/31/2004
    Sherry Stefanes (Board Rep)        11/2002                          12/31/2003
    Jane Reisinger                     1/1/2003                         12/31/2003
    Jeffrey Salz                       1/1/2003                         12/31/2003

    A roll call vote was taken:
    Tobias - Yea
    Stefanes - Nay


I
    Devine- Nay
    Roncelli - Yea
    Cotton - Yea
    Payne - Nay

    The vote ended in a tie.

    The Board continued to discuss the appointments.

    MOTION WAS MADE by Devine and supported by Stefanes to APPROVE all of the
    Planning Commission candidates and terms of office, except Wittbold, who will be
    appointed to a one year term with the understanding that Supervisor Payne can ask for
    his resignation at any time if his behavior and attendance are not exemplary. Payne will
    request his letter of resignation in advance.

    Member                           Date Appointed                    Term Expires

    Dick Mintz                           1/1989                          12/31/2005
    John Swoboda                         4/1989                          12/31/2005
    David Lubin                          8/1997                          12/31/2004
    Sherry Stefanes (Board Rep)         11/2002                          12/31/2003



I
    Jane Reisinger                     1/1/2003                          12/31/2003
    Jeffrey Salz                       1/1/2003                          12/31/2003
    Robert Wittbold                      2/1998                          12/31/2003

    A roll call vote was taken:
    Tobias - Nay
    Stefanes - Yea
    Devine - Yea
    Roncelli - Nay
    Cotton - Nay
    Payne - Yea
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -3-



    The vote ended in a tie.



I   MOTION WAS MADE by Stefanes and supported by Devine to APPROVE all of the
    Planning Commission candidates and terms of office as presented excluding Bob
    Wittbold.

    Member                           Date Appointed                     Term Expires

    Dick Mintz                          111989                           12/31/2005
    John Swoboda                        4/1989                           12/31/2005
    David Lubin                         8/1997                           12/31/2004
    Sherry Stefanes (Board Rep)        1112002                           12/31/2003
    Jane Reisinger                     1/1/2003                          12/31/2003
    Jeffrey Salz                       11112003                          12/31/2003

    A roll call vote was taken:
    Tobias- Yea
    Stefanes - Yea
    Devine - Yea
    Roncelli - Yea
    Cotton - Yea
    Payne - Yea



I
    Motion was unanimously approved.

    Payne indicated the Board would consider Wittbold, or a different candidate, at a future
    Board meeting.

    Gayle Sadler, Information Technology Department Head, highlighted the memo she and
    Dave Craig, Communications Supervisor, provided the Board relative to their
    recommendation to purchase the GEE! Communications/AVAYA PBX Phone and
    Voicemail System.

    Sadler wrote:
    The 2002-2003 Township budget allocates funds to replace the Township's existing
    phone systems. We recommend that the Township purchase AVAYA's PBX Phone and
    Voicemail System through GEE! Communications for an approximate cost of
    $144,995.12 and ongoing maintenance and software upgrade assurance at an
    estimated cost of $14,532.00 per year after the first year. The purchase price includes
    installation, user and system administrator training and accompanying hardware and
    software for the AVAYA DEFINITY PBX phone and voicemail system.

           Our existing phone system was purchased in the late 80's. The useful life of the
    equipment has been extended as long as possible and is now deemed unreliable.


I
    Nortel, the existing phone system manufacturer, has been on-site and advised us that
    the system cannot be upgraded.

            Voicemail services are currently outsourced at a cost of approximately $90.00
    per month. The quality of service has been less than satisfactory. The new phone and
    voicemail system would eliminate the need for an outside service and provide
    significantly improved options and flexibility and is included in the proposal.

           The IT Department has been researching a new phone system for over a year.
    Three manufactures were found to meet our requirements. AVAVA, Seimens and our
    existing phone system manufacturer Nortel. Representatives from each manufacturer
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9,2002
    PAGE -4-


    were interviewed and brought on-site to research our needs prior to making their
    recommendations. A comparison of their costs is shown below. AVA YA was able to
    provide the best local references of the three. References were provided by West


I   Bloomfield, Redford and Cranbrook.

           In summary, it is recommended that the Township contract with GEE!
    Communications/AVAYA to purchase and implement a new PBX phone and voicemail
    system to replace our current phone system.

                            PBX Phone and Voicemail System Comparison
    Manufacturer                AVAYA                   Nortel              Seirnens
    Local Vendor                GEE! Communications     TDS Telecom         Seimens Enterprise
                                                                            Networks
    Supply & Installation   of   $144,995.12 (Includes   $164,105.70         $ 253,108.50
    Phone & Voicemail            system administration
    System                       training)

    MOTION WAS MADE BY Devine and supported by Tobias to ACCEPT the low bid and
    AWARD the contract to GEE! Communications/AVAYA          for the purchase and
    implementation of a new PBX phone and voicemail system in the amount of
    $144,995.12 and ongoing maintenance and software upgrade assurance at an
    estimated cost of $14,532 per year after the first year.

    YEAS:          Payne, Cotton, Devine, Tobias, Stefanes, Roncelli

I   NAYS:          None

    MOTION WAS MADE by Stefanes and supported by Tobias to ACCEPT the canvass of
    votes for the approval of the Library Trustee and Police and Fire Millage on the November
    5, 2002, ballot. on the

    LIBRARY BOARD TRUSTEE

    John D. Macinnes             11,913
    Write-In                         67

    POLICE AND FIRE MILLAGE

    YES -13,144
    NO - 7,762

    YEAS:          Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:          None

    Dr. Mark Ticehurst of National Gypsy Moth Management Group presented two options
    for the control of gypsy moths in the Township. In a letter to the Township, Ticehurst


I   wrote: The gypsy moth proposals include Option I and Option II which are described in
            II



    the Gypsy Moth Risk Assessment Report - October 2002. Briefly, Option I includes
    aerial spraying of ca. 5,568 acres plus fungal inoculations at 10 areas for $249,368.
    Option II incorporates fungal inoculations at 51 locations with highest gypsy moth
    density plus truck-mounted ground spraying at 9 of those sites. We would provide the
    fungal inoculum and distribution for $178,500. Bloomfield Township would hire a local
    sprayer with specifications provided by us. Ground spray cost is not likely to exceed
    $5,000. MOTION WAS MADE by Tobias and supported by Roncelli to APPROVE the
    Option II Agreement with National Gypsy Moth Management Group (a copy of the
    Agreement is on file in the Clerk's Office).
                               --------             -   -    -   -    -   --   -----




    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -5-


    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None



I   Dr. Mark Ticehurst of National Gypsy Moth Management Group reviewed his letter to
    the Board relative to a mosquito management program. He wrote: "The mosquito
    management proposal is designed to provide Bloomfield Township with a proactive,
    visible, and credible first step to combat mosquito-borne diseases. The focus of the
    program is to find and kill immature mosquitoes before they develop into the infectious
    adult stage. The program will establish risk assessment sites to identify and prioritize
    mosquito breeding locations. Mosquito eggs, larvae, and pupae will be sampled for
    species and abundance. Biological insecticides will be applied to ca. 1400 breeding
    sites from April through October or when necessary. Reapplications may be required 4
    weeks from previous applications. State and county personnel and programs will be
    solicited to maximize benefits to the Township. Consultation will be provided on all
    aspects of mosquito management from January 1, 2003 through December 31, 2003.
    The spraying of adult mosquitoes is not included in this proposal, but can be developed
    by mutual agreement if and when necessary. It should be realized that this "first step"
    approach will not kill all mosquitoes in the Township.

    MOTION WAS MADE by Tobias and supported by Roncelli to APPROVE the following
    Mosquito Management Agreement, to run from January 1,2003 through December 31,
    2003, with BioBase Technologies, Inc. of Landisburg, Pennsylvania at a cost of
    $123,200 (a copy of the Agreement is on file in the clerk's Office).



I   YEAS:
    NAYS:
                  Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
                  None

    MOTION WAS MADE by Tobias and supported by Devine to APPROVE the Michigan
    Department of Transportation Annual Application(s) and Permit for Miscellaneous
    Operations within State Trunkline Right of Way for 2003 by the Road Superintendent
    and the Water and Sewer Superintendent. :

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None

    MOTION WAS MADE by Devine and supported by Tobias to ADOPT the following Bank
    Depository Resolution:

                           CHARTER TOWNSHIP OF BLOOMFIELD
                           2003 BANK DEPOSITORY RESOLUTION

          WHEREAS, the Bloomfield Township Board of Trustees must annually approve
    the banking institution that the Township shall utilize as its depository for tax collection
    deposits; and



I          WHEREAS, Bank One has served well as the designated depository for tax
    collections for 2002 as well as in prior years.

            NOW, THEREFORE BE IT RESOLVED that the Board of Trustees for the
    Charter Township of Bloomfield authorizes Bank One to be the depository for tax
    collections for 2003.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None
,   --------                 -                   -------               --------------




               CHARTER TOWNSHIP OF BLOOMFIELD
               BOARD OF TRUSTEES
               DECEMBER 9, 2002
               PAGE -6-


               MOTION WAS MADE by Tobias and supported by Stefanes to ACCEPT for
               consideration Ordinance No. 530, an amendment to the Township Zoning Ordinance
               No. 265, as amended, to create a new B-4 classification to be known as the "Planned


     I         Business District". A summary of this proposed ordinance will be published in the
               Birmingham Eccentric prior to its adoption on January 13, 2003.

                                           PROPOSED ORDINANCE NO. 530

                                   TEXT AMENDMENT TO ZONING ORDINANCE
                                            (B-4, Planned Business District)

               AN ORDINANCE to amend Ordinance No. 265, as amended (the "Zoning Ordinance")
               by providing provisions for the creation of a new B-4 classification, to be known as the
               "Planned Business District".

               THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS AS FOLLOWS:

                                                Section 1 of Ordinance

               A new Article VIII-A, shall be added to the Zoning Ordinance, immediately following
               Article VI", reading as follows:

                                                 ARTICLE VIII-A
                                           PLANNED BUSINESS DISTRICT


    I          PREAMBLE:
               The B-4 Planned Business Districts are intended to provide specified permitted uses,
               both principal uses permitted as well as principal uses permitted subject to special
               conditions, and also provide for broad and flexible authority for planned unit
               developments. In this regard, the B-4 Districts are intended to provide broader authority
               than permitted in any other business district in the Township, with the view of
               encouraging the use of land in accordance with its character and adaptability, and
               encouraging innovation in land use planning to achieve a compatibility of design and
               use on property to be developed, and in relation to neighboring properties. These
               districts are intended to provide development authorization for appropriate properties
               located on the corridor of Telegraph Road (US 24), north of Square Lake Road, with
               frontage or direct access to Telegraph Road; such corridor is deemed by the Township
               to be an important focus of development and redevelopment, distinct from any other
               area within the Township. In determining whether to classify a property under this B-4
               District, weight shall be given to those properties having sufficient size to take
               advantage of the potential flexibility provided by the planned unit development authority
               conferred herein, with the view toward encouraging planned development on this
               corridor.

               SEC. 851. PRINCIPAL USES PERMITTED:



    I          In a B-4 Planned Business District, the use of land, the location and direction of new
               buildings or structures, and the alteration, enlargement, redevelopment and moving of
               existing buildings or structures from other locations, and/or districts shall conform to the
               following specified uses as principal uses permitted, subject to restrictions and
               authorizations otherwise provided in this Ordinance:

               1.     Any use permitted and as controlled in the RM Multiple Family Residential
                      District.
               2.     Any use permitted and as controlled in the 0-1 Office Building District.
               3.     Banks and credit unions.
               4.     Full service restaurants as defined in subsection 853.2, below.
                                                                 -   --------




    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -7-




    5.    Publicly owned buildings.



I   SEC. 852. PRINCIPAL USES PERMITTED SUBJECT TO SPECIAL CONDITIONS:

    The following uses shall be permitted after review and approval of the use and site plan
    by the Township Board, following recommendation of the Planning Commission, subject
    to Township Board determination, in its discretion, that all of the standards in Section
    2202 of this Ordinance would be met, and subject to the conditions herein imposed for
    each use:

    1.    Theaters subject to the following:
             a. Compatibility with adjacent existing or proposed residential properties
                 shall be a primary concern.
             b. Rear and side building setbacks of not less than eighty (80) feet from any
                 residential district or residentially used property shall be provided.
             c. Screening of residential uses to restrict view from residential property shall
                 be provided by a solid masonry wall six (6) feet in height, or a solid strip of
                 evergreen plantings pursuant to a plan approved as part of the
                 development, within an area of at least twenty (20) feet in width, with
                 approved trees eight (8) to ten (10) feet in height at planting.
             d. All exterior doors on the sides of buildings adjacent to residential property
                 shall be for emergency exit only.
             e. All exterior lighting shall be directed along exterior building walls and away


I
                from residential property.
             f. The use must fit into the size, scale, height, texture, material and
                 landscaping pattern of the existing neighborhood.
             g. Adequate measures shall be taken to provide ingress and egress so
                 designed to minimize traffic congestion on public streets. There shall be
                 no ingress or egress from or to a local residential street.

    2.    Banquet Halls as defined in Sec. 201 Subsection 73 and further subject to the
          following:
          a. Compatibility with adjacent existing or proposed residential properties shall be
                  a primary concern.
          b. Rear and side building setbacks of not less than eighty (80) feet from any
                  residential district or residentially used property shall be provided.
          c. Screening of residential uses to restrict view from residential property shall be
                  proVided by a solid masonry wall six (6) feet in height, or a solid strip of
                  evergreen plantings pursuant to a plan approved as part of the
                  development, within an area of at least twenty (20) feet in width, with
                  approved trees eight (8) to ten (10) feet in height at planting.
          d. All exterior doors on the sides of buildings adjacent to residential property
                  shall be for emergency exit only.
          e. All exterior lighting shall be directed along exterior building walls and away



I
                  from residential property.
          f. The use must fit into the size, scale, height, texture, material and landscaping
                  pattern of the existing neighborhood.
          g. Adequate measures shall be taken to provide ingress and egress so designed
                  to minimize traffic congestion on public streets. There shall be no ingress
                  or egress from or to a local residential street.
          h. Trash receptacles shall be located indoors, or there shall be a trash
                  compactor that complies with all applicable noise regulations.

    3.     Health/Fitness Club subject to the following:
           a. Compatibility with adjacent existing or proposed residential properties shall be
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -8-


                  a primary concern.
           b. Rear and side building setbacks of not less than eighty (80) feet from any
                  residential district or residentially used property shall be provided.


I          c. Screening of residential uses to restrict view from residential property shall be
                  provided by a solid masonry wall six (6) feet in height, or a solid strip of
                  evergreen plantings pursuant to a plan approved as part of the
                  development, within an area of at least twenty (20) feet in width, with
                  approved trees eight (8) to ten (10) feet in height at planting.
           d. All exterior doors on the sides of buildings adjacent to residential property
                  shall be for emergency exit only.
           e. All exterior lighting shall be directed along exterior building walls and away
                  from residential property.
           f. The use must fit into the size, scale, height, texture, material and landscaping
                  pattern of the existing neighborhood.
           g. Adequate measures shall be taken to provide ingress and egress so designed
                  to minimize traffic congestion on public streets. There shall be no ingress
                  or egress from or to a local residential street.
           h. All activities shall be conducted within the confines of a building.

    4.     Hotels, as defined in subsection 853.2, below, subject to the following:
           a. Compatibility with adjacent existing or proposed residential properties shall be
                  a primary concern.
           b. Rear and side building setbacks of not less than eighty (80) feet from any
                  residential district or residentially used property shall be provided.


I
           c. Screening of residential uses to restrict view from residential property shall be
                  provided by a solid masonry wall six (6) feet in height, or a solid strip of
                  evergreen plantings pursuant to a plan approved as part of the
                  development, within an area of at least twenty (20) feet in width, with
                  approved trees eight (8) to ten (10) feet in height at planting.
           d. All exterior doors on the sides of buildings adjacent to residential property
                  shall be for emergency exit only.
           e. All exterior lighting shall be directed along exterior building walls and away
                  from residential property.
           f. The use must fit into the size, scale, height, texture, material and landscaping
                  pattern of the existing neighborhood.
           g. Adequate measures shall be taken to provide ingress and egress so designed
                  to minimize traffic congestion on public streets. There shall be no ingress
                  or egress from or to a local residential street.
           h. Outdoor trash receptacles shall not be located on a side of a property
                  adjacent to a resident or residential district.

    SEC. 853. BUSINESS PLANNED UNIT DEVELOPMENT                 (BPUD):

         1. Intent and General Application
            The provisions of this Section 853 are to provide enabling authority and



I
            standards for the submission, review and approval of applications for planned
            unit developments. It is the intent of this Section to authorize the use of planned
            unit development regulations in 8-4 Districts for the purpose of: encouraging the
            use of land in accordance with its character and adaptability; conserving natural
            resources and natural features; encouraging innovation in land use planning;
            providing enhanced housing, employment, shopping, traffic circulation and
            recreational opportunities for the people of this Township; and bringing about a
            greater compatibility of design and use between neighboring properties. The
            provisions of this Section are not intended as a device for ignoring the Zoning
            Ordinance or the planning upon which it has been based. To that end, provisions
            of this Section are intended to result in land use development substantially
,------


      CHARTER TOWNSHIP OF BLOOMFIELD
      BOARD OF TRUSTEES
      DECEMBER 9, 2002
      PAGE -9-


             consistent with the underlying zoning, with modifications and departures from
             generally applicable requirements made in accordance with standards provided
             in this Section to insure appropriate, fair and consistent decision making. A


 I           BPUD rezoning may be applied for in any B-4 District. The granting of a planned
             unit development application shall require rezoning by way of amendment of this
             Ordinance based upon a recommendation of the Planning Commission and
             approval of the Township Board.

      2. Definitions
            The following definitions shall apply in the interpretation of this Section.

             Benefit, Recognizable and Substantial. A clear benefit, both to the ultimate users
             of the property in question and to the community, which would reasonably be
             expected to accrue, taking into consideration the reasonably foreseeable
             detriments of the proposed development and use(s); including, without limitation:
             long-term protection and/or preservation of natural resources and natural
             features and/or historical and/or architectural features of a significant quantity
             and/or quality in need of protection or preservation on a local, state and/or
             national basis; reducing to a significant extent the nonconformity of a
             nonconforming use or structure, Le., modification of a nonconforming use or
             structure so that, to a significant extent, it is rendered more conforming, or less
             offensive, to the zoning district in which it is situated.

             Community Impact Statement.     An assessment of the developmental, ecological,


 I
             social, economic and physical impacts of the project on the natural environment
             and physical improvements on and surrounding the development site.
             Information required for compliance with other ordinances shall not be required to
             be duplicated in the Community Impact Statement.

             Hotel. A facility offering transient lodging accommodations to the general public,
             which shall provide additional services, including restaurants, meeting rooms,
             recreational facilities, and may also provide other customary accessory uses.

             Natural Features. Natural features shall include soils, wetlands, floodplain, water
             bodies, topography, vegetative cover, and geologic formations.

             Restaurant.

                    Fast Food Restaurant. An establishment whose principal business is the
                    sale of pre-prepared or rapidly prepared food directly to the customer in a
                    ready-to-consume state for consumption either within the restaurant
                    building or off premises.

                    Full Service Restaurant. An establishment providing full table service with
                    food ordered from a menu with service by waiter or waitress to the


 I
                    customer seated in the restaurant. Food served is consumed on the
                    premises. Such facility does not provide drive through window or carry out
                    food or beverage service.

             Planned   Unit Development.    A planned unit development may include such
             concepts as cluster development, planned development, planned residential
             development, and other terminology denoting zoning requirements designed to
             accomplish the objectives of this Ordinance through a land development project
             review process based on the application of site planning criteria to achieve
             integration of the proposed land development project with the characteristics of
             the surrounding area.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -10-



         Strip Center.    A commercial, retail or office development one store deep, that
         fronts (or, in some cases, sides) on a street.


I        Underlying Zoning. The zoning classifications and regulations applicable to the
         property immediately preceding the grant of an application to designate the
         property as a Business Planned Unit Development.

    3.   SPUD Regulations.
         a.    A planned unit development may be approved in any B-4 District, subject
               to review and approval as provided for in this Section.

         b.     subject to review and approval under this Section 853, any residential,
                office or commercial land use authorized in this Ordinance may be
                included in a planned unit development, as a principal or accessory use,
                subject to (i) adequate public health, safety and welfare protection
                mechanisms being designed into the development as provided in this
                Section; (ii) a prohibition upon fast food restaurant, vehicle dealership,
                auto parts and/or auto repair; and (iii) a prohibition upon any use with
                hours of operation beginning earlier than 7:00 a.m., or ending later than
                9:00 p.m., or with hours of operation in excess of 12 hours in anyone day,
                unless expressly approved as part of the BPUD approval.

         c.    The applicant for a planned unit development must demonstrate as a


I
               condition to being entitled to planned unit development approval that:

                (1)      Grant of the planned unit development will result in a recognizable
                         and substantial benefit to the ultimate users of the project and to
                         the local community, where such benefit would otherwise be
                         unfeasible or unlikely to be achieved.
                (2)      In relation to the underlying zoning, the proposed type and density
                         of use shall not result in an unreasonable increase in the use of
                         public services, facilities and utilities, and shall not place an
                         unreasonable burden upon the subject and/or surrounding land
                         and/or property owners and occupants and/or the natural
                         environment.
                (3)      Based upon the proposed uses, layout and design of the overall
                         project, the proposed building fagade treatment, the proposed
                         landscaping treatment and the proposed signage, the planned unit
                         development will result in a material enhancement (including,
                         without limitation, aesthetic enhancement) to the area of the
                         Township in which it is situated.
                (4)      The proposed development, including the proposed uses, shall not
                         have an unreasonable impact upon the master land use plan of the
                         Township, as determined by the Township Board, and shall be


I
                         consistent with the intent and spirit of this Section.
                (5)      In relation to the underlying zoning, the proposed development,
                         including the proposed uses, shall not result in an unreasonable
                         negative economic impact upon surrounding properties.
                (6)      The proposed development shall be under single ownership and/or
                         control such that there is a single person having responsibility for
                         completing the project in conformity with this Ordinance. This
                         provision shall not prohibit a transfer of ownership and/or control,
                         upon due notice to the Township Clerk, provided that the transfer is
                         to a single person, as required in the first instance.
I -




          CHARTER TOWNSHIP OF BLOOMFIELD
          BOARD OF TRUSTEES
          DECEMBER 9, 2002
          PAGE -11-


                       (7)    The proposed development shall consist of free-standing buildings,
                              rather than a "strip center", unless it is demonstrated by the
                              applicant that there are open space, screening, design and


      I   4.
                              landscaping features which are an integral part of the development
                              that would clearly outweigh the requirement for all free standing
                              buildings.

                 Project Design Standards.
                 a.     Residential Design Standards.        Subject to conformance with the
          provisions of sub-paragraph (3), below, the density for residential uses in a planned unit
          development shall be determined in the discretion of the Township Board consistent
          with the Master Plan, the standards contained in this Ordinance, and the impact such
          density would have upon open space, impact upon adjoining property, water and sewer
          services, storm water drainage, road capacity, traffic, fire and police services, schools,
          character of the area, and any planned public and private improvements in the area. In
          addition, the following standards shall be considered in the discretion of the Township
          Board as part of the process of determining whether to approve an application:

                       (1)    Consistency with the Master Plan;
                       (2)    Innovative planning and design excellence;
                       (3)    Relationship to adjacent land uses;
                       (4)    Pedestrian and/or vehicular safety provisions, including any special
                              traffic amelioration measures found to be appropriate;
                       (5)    Design considerations, in accordance with Article IV of this


  I              b.
                       (6)
                              ordinance making provision for Design Review; and,
                              Provisions for the users of the project.

                       Non-Residential Design Standards.
                        (1)   Non-residential uses may be permitted in combination with other
                              non-residential uses or as part of a common development with
                              residential uses, based upon a layout and integrated plan approved
                              as part of the final plan.
                        (2)   The non-residential uses, including parking and vehicular traffic
                              ways, shall be separated and buffered from residential units in a
                              manner consistent with good land and community planning
                              principles.
                        (3)   The design standards for non-residential uses shall be based upon
                              the regulations in this Ordinance applicable to the corresponding
                              uses, provided, modified design standards may be approved by the
                              Township Board, following recommendation from the Planning
                              Commission, based upon a demonstration by the applicant of the
                              following, and findings in the discretion of the Township Board in
                              accordance with sub-paragraph 5.b., below:

                               (a)   Consistency with the Master Plan;


  I                            (b)
                               (c)
                               (d)
                                     Innovative planning and design excellence;
                                     Relationship to adjacent land uses;
                                     Pedestrian and/or vehicular safety provisions, including any
                                     special traffic amelioration measures found to be
                                     appropriate;
                               (e)   Design considerations, in accordance with Article IV of this
                                     ordinance making provision for Design Review; and,
                               (f)   Provisions for the users of the project.

                        (4)   There shall be no use or building with more than 35,000 gross
                              square feet on the ground floor.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -12-



    5.   Applicable regulations:
         a.    Subject to all specific regulations and conditions in this Article, and subject


I              to the following subparagraph b of this paragraph 5., all regulations
               applicable to lot size, lot width, lot coverage, setback, parking and loading,
               general provisions, and to other requirements and facilities, shall be as
               follows:

                (1)     Single-family detached residential uses shall meet the regulations
                        applicable in the R-1 district.
                (2)     Single-family attached residential uses shall meet the regulations
                        applicable in Sec. 1402 of this ordinance.
                (3)     Multiple-family residential uses shall meet the regulations
                        applicable in the RM district.
                (4)     Commercial uses shall meet the regulations applicable in the B-2
                        district.
                (5)     Office uses shall meet the regulations applicable in the 0-1 district.
                (6)     Research uses shall meet the regulations applicable in the RP
                        district.
                (7)     Mixed uses shall meet the regulations applicable to the most
                        dominant use in the mix, with the determination relative to which
                        use constitutes the "dominant use" being determined in the
                        discretion of the Township Board, with the Township Board being
                        authorized to establish reasonable conditions as determined in the


I
                        reasonable exercise of its discretion, taking into consideration the
                        standards and intent of this Section 853.
         b.     Consistent with the planned unit development concept, and toward the
                end of encouraging flexibility and creativity in development, departures
                from compliance with the regulations otherwise applicable may be granted
                in the discretion of the Township Board as part of the approval of a
                planned unit development. Such departures may be authorized on the
                condition that there are features or planning mechanisms deemed
                adequate by the Township Board designed into the project for the purpose
                of achieving the objectives intended to be accomplished with respect to
                each of the regulations from which a departure is sought. In all events,
                however, a deviation in the height of buildings and structures may not be
                granted.
    6.   The development shall be designed so as to promote preservation of natural
         resources and natural features. In the interpretation of this provision, natural
         resources and natural features may be impaired or altered if it is in the public
         interest to do so. In determining whether action is in the public interest, the
         benefit which would reasonably be expected to accrue from the proposal shall be
         balanced by the Township Board against the reasonably foreseeable detriments
         of the activity, taking into consideration the local, state and national concern for
         the protection and preservation of natural resources and natural features, and


I   7.
         taking into account the provisions and standards of the Michigan Natural
         Resources Environmental Protection Act.
         The Township Board shall, in its discretion, considering the recommendation
         from the Planning Commission, review and establish requirements for each of
         the following aspects of the planned unit development, as the same may be
         relevant to a particular project, taking into consideration for decision-making
         purposes all related applicable regulations, the achievement of compatibility and
         harmony in the area, the enhancement of the project without creating undue
         burden, and all of the other standards contained in Section 2202 of this
         Ordinance: perimeter setback and berming; thoroughfare, drainage and utility
         design; underground installation of utilities; insulating the pedestrian circulation
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -13-


         system from vehicular thoroughfares and ways; achievement of an integrated
         development with respect to signage, lighting, landscaping and building
         materials; and, noise reduction and visual screening mechanisms, particularly in


I   8.
         cases where nonresidential uses adjoin off-site residentially zoned property.
         General Design Standards.
         a.     Deviations from the applicable setbacks, parking and loading, general
                provisions, and other requirements may be granted as part of the overall
                approval of the BPUD, provided there are features or elements
                demonstrated by the applicant and deemed adequate by the Township
                Board upon the recommendation of the Planning Commission designed
                into the project plan for the purpose of achieving the objectives of this
                Article.
         b.     There shall be a perimeter setback and berming, as found to be necessary
                by the Township, for the purpose of buffering the development in relation
                to surrounding properties. Such perimeter setback shall be established at
                the discretion of the Township Board, following recommendation of the
                Planning Commission, taking into consideration the use or uses in and
                adjacent to the development. The setback distance need not necessarily
                be uniform at all points on the perimeter of the development.
         c.     Thoroughfare, drainage, and utility design shall meet or exceed the
                standards otherwise applicable in connection with each of the respective
                types of uses served.
         d.     There shall be underground installation of utilities, including electricity and
                telecommunications facilities, as found necessary or appropriate by the


I
                Township.
         e.     Pedestrian walkways shall be separated from vehicular circulation, as
                found necessary or appropriate by the Township.
         f.     Signage, lighting, landscaping, building materials for the exterior of all
                structures, and other features of the project, shall be designed and
                completed with the objective of achieving an integrated and controlled
                development, consistent with the character of the community, surrounding
                development or developments, and natural features of the area.
         g.     Where non-residential uses adjoin off-site residentially zoned property,
                noise reduction and visual screening mechanisms such as earthen and/or
                landscape berms and/or decorative walls, shall be employed.                 The
                Township, in its discretion, shall review and approve the design and
                location of such mechanisms.
         h.     The Township Board, considering the recommendation from the Planning
                Commission, shall resolve all ambiguities as to applicable regulations
                using the Zoning Ordinance, Master Plan, and other Township standards
                or policies as a guide.
    9.   Procedure for Review and Approval.
         a.     The grant of a planned unit development application shall require a
                rezoning, Le., an amendment of the zoning map constituting a part of this
                Ordinance so as to designate the property which is the subject of the



I
                application for Business Planned Unit Development. Further, an approval
                granted under this Section, including all aspects of the final plan, and
                conditions imposed, shall constitute an inseparable part of the zoning
                amendment.
         b.      Prior to the submission of an application for planned unit development
                approval, the applicant shall meet with the three Township Officers,
                together with such consultants as such officers deem appropriate. The
                applicant shall present at such conference, or conferences, at least a
                 preliminary plan of the proposed planned unit development, as well as the
                following information: a legal description of the property in question; the
                total number of acres in the project; a statement of the approximate
r   -   -------




                  CHARTER TOWNSHIP OF BLOOMFIELD
                  BOARD OF TRUSTEES
                  DECEMBER 9, 2002
                  PAGE -14-


                           number of residential units, if any, the approximate number and type of
                           nonresidential units, compliance with parking requirements and the
                           approximate number of acres to be occupied by each type of use; the


    I                      known deviations from the ordinance regulations to be sought; the number
                           of acres to be preserved as open or recreational space; and, all known
                           natural resources and natural features to be preserved. A preliminary
                           traffic impact analysis may be required if the three Township Officers
                           determine that traffic may be a relevant issue under the particular facts
                           and circumstances.
                      c.   Thereafter, a preliminary plan, including preliminary site plan, conforming
                           with Section 1515, Site Plan Review, below, shall be submitted within 90
                           days of the pre-application conference required in the immediately
                           preceding paragraph. Such submission shall be made to the Township
                           Clerk, who shall present the same for consideration at a regular or special
                           meeting of the Planning Commission.
                      d.   The Planning Commission shall review the preliminary plan, and shall be
                           entitled to make reasonable inquires of and receive answers from the
                           applicant. Following review, the Planning Commission shall provide
                           written comments as part of the official minutes of the Planning
                           Commission.
                      e.   The Planning Commission shall forward the preliminary plan, together with
                           its written comments, to the clerk of the Township, who shall notice the
                           preliminary plan for public hearing before the Township Board, as
                           provided by law. Within a reasonable time following the public hearing,


    I
                           the Township Board shall approve, approve with conditions, or deny the
                           preliminary plan. The effect of the approval, or approval with conditions,
                           shall be to authorize the concept embodied in the preliminary plan, subject
                           to submission, review and approval of the final plan as provided below. In
                            reviewing the preliminary plan, the Township Board shall make a finding
                           and determination with respect to compliance with the BPUD Regulations,
                           set forth in Section 3 of this Section, and generally review and determine
                           whether the basic concept of the proposal is consistent with the intent and
                           spirit of this Section. Inasmuch as the specific details of a project plan are
                           at the very essence of the concept of planned unit development, approval
                           of the preliminary plan shall not constitute a final approval, and preliminary
                            plan approval shall be subject to review and approval of the final plan as
                            provided for in this Section.
                      f.   Within six months following receipt of preliminary plan approval, the
                           applicant shall submit to the Township Clerk 10 copies of a final plan,
                            including a final site plan, conforming with Section 1515, Site Plan Review,
                            below. This plan shall constitute an application to amend this Zoning
                            Ordinance, and shall be noticed for public hearing before the Planning
                            Commission, and otherwise acted upon by the Planning Commission, the
                            County, and the Township, as and to the extent provided by law for the
                            amendment of the Zoning Ordinance. If the final plan has not been


    I
                            submitted within such period, the preliminary plan approval shall lapse,
                            and the applicant must recommence the review process, proVided, the
                           Township may extend the time for submission of the final plan upon a
                            showing by the applicant that no material change of circumstance has
                            occurred.
                      g.    Prior to approval of a final plan, the Township Board shall require all
                            standards and conditions of approval to be incorporated in a development
                            agreement. The agreement shall be prepared by the Township Attorney,
                            approved by the Township Board, and signed by both the Township and
                            the applicant. The development agreement shall include provisions
                            specifying the rights and obligations of the parties relative to the project, in
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -15-


                  the form and with the substance reasonably determined to be appropriate
                   by the Township Attorney.
    10.     Applications.


I           a.
    following:
                   Preliminary plans, including a preliminary site plan, shall include the

                   (1)
                   (2)
                   (3)
                           Applicant's name and address.
                           The name of the proposed development.
                           Common description of property and complete legal description.
                   (4)     Dimensions of land, width, length, acreage and frontage.
                   (5)     Existing zoning on all adjacent properties.
                   (6)     Statement of intent of proposed use( s) of land and any phasing of
                           the project.
                   (7)     Name, address, city and phone number of: firm and individual who
                           prepared the plan; owner of the property; and applicant, if other
                           than owner.
                   (8)     Existing and proposed right-of-way width of all adjoining and
                           internal roads, and layout of all internal roads. A traffic study,
                           prepared by a traffic engineer in accordance with parameters
                           established     by the three Township         Officers, taking   into
                           consideration the relevant circumstances, shall be submitted,
                           unless such requirement is waived by the Supervisor during pre-
                           application conference.
                   (9)     Proposed acceleration, deceleration, and passing lanes.
                   (10) Location of existing drainage courses, flood plains, lakes, streams


I
                           and wetlands.
                   (11 ) Intentions with respect to water and sewer.
                   (12) All parking areas and number of spaces by size.
                   (13) The number and location of areas to be preserved as open or
                           recreational space.
                   (14) All known natural resources and natural features to be preserved.
                   (15)    Density calculations, number and types of units (if applicable), and
                           floor area per habitable space for each use proposed.
                   (16)    Fair representation of the development concept, including each
                           type of use, square footage or acreage allocated to each use,
                           approximate locations of each principal structure and use in the
                           development, setbacks, typical layout and elevation for each type of
                           use.
                   (17) Specification of each deviation from the applicable ordinance
                           regulations which will be sought to be approved, and the
                           safeguards, features and/or planning mechanisms proposed to
                           achieve the objectives intended to be accomplished            by the
                            regulations from which a deviation is being sought.
                   (18)    The Planning Commission and/or Township Board may require a
                           topographical map if the size of the project and/or nature of the
                           topography indicate that such document would be meaningful to the



I
                            review.
                   (19)     Evidence of market need for the use(s) and economic feasibility of
                           the project. This shall include a market analysis for the proposed
                            uses, together with an indication of the sources of finance for the
                            project.
                   (20)     In the event the property on which the project is to be situated
                            consists of 25 acres or more, a community impact statement shall
                            be submitted as part of the application.
            b.      Final site plans shall include the following:
                   (1)     All requirements for a preliminary plan, and for site plan review
                            under this Ordinance.
,   -




            CHARTER TOWNSHIP OF BLOOMFIELD
            BOARD OF TRUSTEES
            DECEMBER 9, 2002
            PAGE -16-



                         (2)    A dimensioned site plan in accordance with Section 1515, Site Plan
                                Review, below, showing the type, location and density of all uses.


        I                (3)

                         (4)
                                All open spaces, including preserves, recreational areas, and the
                                like, and each purpose proposed for such areas.
                                A separately delineated specification of all deviations from this
                                Ordinance which would otherwise be applicable to the uses and
                                development proposed in the absence of this planned unit
                                development Section. This specification shall include ordinance
                                provisions from which deviations are sought, and the reasons and
                                mechanisms to be utilized for the protection of the public health,
                                safety and welfare in lieu of the regulations from which deviations
                                are sought shall be specified.
                         (5)    A detailed landscaping plan, showing, among other things, plant
                                material species, size and spacing.
                         (6)    All proposed signage.
                         (7)    All proposed traffic-related improvements, along with supporting
                                reports.
                         (8)    A specific schedule of the intended development and construction
                                details, including phasing or timing, and the improvements to
                                constitute a part of the development, including, without limitation,
                                lighting, signage, the mechanisms designed to reduce noise,
                                utilities and visual screening features.
            11. Performance Guarantees.


        I
            The Township Board, after recommendation from the Planning Commission, may
            require reasonable performance guarantees for site improvements, as defined
            and authorized under the Zoning Enabling Act to insure completion of
            improvements. A performance guarantee shall mean a cash deposit, certified
            check or irrevocable bank letter of credit in the amount of one hundred twenty-
            five percent (125%) of the estimated cost of the improvements for which the
            guarantee is required, as determined by the Township. If the amount is not
            reasonably ascertainable by the Township, the applicant may be required by the
            department administering the performance guarantee to submit a signed and
            sealed certification of the amount of the estimated cost by applicant's licensed
            engineer or architect, or, alternatively, a bona fide contract for the work to be
            performed, including a provision authorizing enforcement of the contract by the
            Township in the event of a default by the applicant. At the time the performance
            guarantee is deposited with the Township, and prior to the issuance of permits or
            temporary certificates of occupancy, the applicant shall enter into an agreement
            executed by the applicant and the Township relative to the terms and provisions
            applicable to the use of the performance guarantee, including use of the
            performance guarantee by the Township and performance of the respective work
            on the property.

            12. Conditions.


        I
            Reasonable conditions may be required with the approval of a planned unit
            development, to the extent authorized by law, for the purpose of insuring that public
            services and facilities affected by a proposed land use or activity will be capable of
            accommodating increased services and facility loads caused by the land use or activity,
            protecting the natural environment and conserving natural resources and energy,
            insuring compatibility with adjacent uses of land, and promoting the use of land in a
            socially and economically desirable manner. Conditions imposed shall be designed to
            protect natural resources and the public health, safety and welfare of individuals in the
            project and those immediately adjacent, and the community as a whole, shall be
            reasonably related to the purposes affected by the planned unit development, and shall
            be necessary to meet the intent and purpose of this Ordinance, and be related to the
                                                                -   ----       -   ----------




    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -17-


    objective of insuring compliance with the standards of this Ordinance. All conditions
    imposed shall be made a part of the record of the approved planned unit development.



I   13.    Phasing and Commencement of Construction.
           a.    Phasing: Where a project is proposed for construction in phases, the
                 planning and designing shall be such that, upon completion, each phase
                 shall be capable of standing on its own in terms of the presence of
                 services, facilities, and open space, and shall contain the necessary
                 components to insure protection of natural resources and the health,
                 safety, and welfare of the users of the planned unit development and the
                 residents of the surrounding area.
           b.    Commencement and Completion of Construction: Construction shall be
                 commenced within one year following final approval of a planned
                 development, or within one year of any other necessary governmental
                 approval for commencement of the project, whichever is later, provided all
                 other necessary approvals have been actively pursued. Each phase of
                 the project shall be commenced within one year of the schedule
                 established for same in the application submitted for the planned unit
                 development. If construction is not commenced within such time, any
                 approval of the final plan for the project shall expire and be null and void,
                 provided, an extension for a specified period may be granted by the
                Township Board upon good cause shown if such request is made to the
                 Township Board prior to the expiration of the initial period. Moreover, in
                 the event a final plan has expired, the Township Board shall be authorized
                 to rezone the property in any reasonable manner, and if the property
                 remains classified as planned unit development, a new application shall
                 be required, and shall be reviewed in light of the then existing and
                 applicable law and ordinance provisions.

    14.    Effect of Approval; Recordation of Affidavit.
    If and when approved, the planned unit development amendment, with all conditions
    imposed, if any, shall constitute the land use authorization for the property, and all
    improvement and use shall be in conformity with such amendment. The applicant shall
    record an affidavit with the register of deeds containing the legal description of the entire
    project, specifying the date of approval of the planned unit development, and declaring
    that all future development of the planned unit development property has been
    authorized and required to be carried out in accordance with the approved planned unit
    development unless an amendment thereto is duly adopted by the Township upon the
    request and/or approval the applicant, or applicant's transferees and/or assigns.

    15.     Fees.
    There shall be an advance payment of fees at the following stages of review, as
    contemplated under Paragraph 5 of this Section: prior to the pre-application conference;
    prior to filing of the preliminary plan; and, prior to filing of the final plan. The amount of
    such fees shall be established by the Township Board of the Township by ordinance or


I   resolution.

    SEC. 854. AREA AND BULK REQUIREMENTS:
    See ARTICLE XIV, "SCHEDULE OF REGULATIONS" limiting the height and bulk of
    buildings and minimum size of lot by permitted land use.

                                     Section 2 of Ordinance

    Article XIV, Schedule of Regulations is amended to read as follows relative to the B-4
    District:
                       ARTICLE XIV - SCHEDULE OF REGULATIONS
                                                                               --        --      ----               -------




    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -18-



    SEC. 1400. LIMITING HEIGHT, BULK, DENSITY AND AREA BY LAND USE:



I
                                                                                                                              MaJnmum
                                                                                                                              Percentage
                                                                                                               Mmimum         of Lot
                                        MaxImum                                                                Floor Area     Coverage
                    Mmimum SIze Lot     HeIght of          Mmimum Yard Setback      Mmimum Parkmg              PerUmt         (Area of All
                    PerUmt              BUIldmg            (per Lot m Feet          Setback (In Feet)          (In sq ft.)    Structures)

     Use DIstncts   Aream    WIdth      In          In     Front   Each    Rear     Front     Each      Rear
                    SqFt     In Feet    Stones      Feet           SIde                       SIde

     B-4 Planned    na       na         na          35     75      p,l,r   201,     25 J,l    10 J,l    1      na             na
     Busmess                                                               p,l,r


    na = not applicable

    [See NOTES on following pages]

    r.       No building shall be closer than eighty (80) feet to the property line abutting a residential
    district or residentially used property.

                                             Section 3 of Ordinance
    Except as expressly set forth above, the Zoning Ordinance shall remain in full force and
    effect.
                                             Section 4 of Ordinance
    The provisions of this Ordinance shall become effective as provided by law following

I   publication.
                                                    CERTIFICATION
          The foregoing Ordinance was duly adopted by the Charter Township of
    Bloomfield at a meeting of the Board dUly called and held on the __ day of
    _____         :,2002.

                                                           WILMA S. COTTON, TOWNSHIP CLERK

    YEAS:            Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:            None

    MOTION WAS MADE by Cotton and supported by Tobias to ACCEPT for consideration
    Ordinance No. 531, an amendment to the Township Zoning Ordinance No. 265, as
    amended, to add definitions and provisions for regulated uses. A summary of this
    proposed ordinance will be published in the Birmingham Eccentric prior to its adoption
    on January 13, 2003.

                                       PROPOSED ORDINANCE NO. 531

                            TEXT AMENDMENT                 TO ZONING ORDINANCE
                                                    (Regulated Uses)

          An Ordinance to amend Ordinance No.265 of the Township of Bloomfield, the
    Zoning Ordinance, to add definitions and dispersal requirements for certain uses
    deemed to be regulated uses.

             THE TOWNSHIP OF BLOOMFIELD ORDAINS AS FOLLOWS:

                                             Section One of Ordinance
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -19-


           Article XV of the Zoning Ordinance shall be amended by the addition of a new
    Section 1520, reading as follows:




I         Section 1520. Regulated Uses
          1.     Intent and Purpose.

             In the development and execution of this Section, it is recognized, based upon
    studies undertaken and reported by other communities, that there are some uses which,
    because of their very nature, are recognized as having serious objectionable,
    operational characteristics when concentrated with certain other uses under certain
    circumstances thereby having a deleterious affect upon adjacent areas, as well as the
    community as a whole. Relying on such studies, the Township Board has concluded
    that special regulation of these uses is necessary to ensure that these adverse affects
    will not contribute to the blighting or downgrading of the surrounding neighborhood.
    These special regulations are itemized in this Section. The primary control or regulation
    is for the purpose of preventing a concentration of these uses in anyone area.

           2.    Regulated Uses
           The following uses are considered "regulated        uses" for the purposes of this
    Section:

                 A.     Adult uses, including the following:

                        (1)    Adult Arcade, defined as a place to which the public is


I
                               permitted or invited to view motion pictures, video or laser
                               disc pictures or other products of image-producing devices
                               where    the     images    displayed   are distinguished  or
                               characterized by the depicting or describing of "specified
                               sexual activities" or "specified anatomical areas".

                        (2)    Adult book store, adult novelty store or adult video store,
                               defined as a commercial establishment which, as one of its
                               principal purposes, offers for sale or rental for any form of
                               consideration reading materials, photographs, films, motion
                               pictures, video cassettes or video reproductions, slides or
                               other visual representations characterized by the depiction
                               or description of "specified sexual activities" or "specified
                               anatomical areas"; or instruments, devices or paraphernalia
                               which are designed for use in connection with "specified
                               sexual activities".

                        (3)    Adult cabaret, defined as a night club, bar, restaurant, or
                               similar commercial establishment which regularly features:
                               persons who appear in a state of nudity or semi-nudity; live
                               performances which are characterized by the exposure of



I
                               "specified anatomical        areas" or by "specified sexual
                               activities"; or, films, motion pictures, videos cassettes, slides
                               or other photographic reproductions which are characterized
                               by the depiction or description of "specified sexual activities"
                               or "specified anatomical areas".

                        (4)    Adult motion picture theater, defined as a commercial
                               establishment where, for any form of consideration, films,
                               motion pictures,   video cassettes,     slides, or similar
                               photographic reproductions are regularly shown which are
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -20-


                          characterized by the depiction or description of "specified
                          sexual activities" or "specified anatomical areas".



I                  (5)    Adult theater, defined as a theater, concert hall, auditorium,
                          or similar commercial establishment which regularly features
                          persons who appear in a state of nudity or semi-nudity, or
                          live performances which are characterized by the exposure
                          of "specified anatomical areas" or by "specified sexual
                          activities".

             B.    Motels defined as an establishment for temporary lodging where
                   each individual room has a main entry door on the exterior of the
                   building or where the rooms are advertised for rent for less than a
                   twelve (12) hour period of time, or both.

             C.    Massage parlors, defined as Turkish bath parlor, steam bath,
                   sauna, magnetic healing institute, or any room, place,
                   establishment, institution, or the like where treatment of any nature
                   for the human body is given by means of massage, and where a
                   massage, alcohol rub, fomentation, bath, physiotherapy,
                   manipulation of the body or similar treatment is given. Massage
                   parlor does not include massage activity undertaken as part of a
                   health club, gym, fitness center, hair solon or like facility in which
                   massage is offered incidental to other customarily related uses,


I
                   and, massage parlor does not include a massage school
                   recognized by the State Board of Massage employing one or more
                   competent licensed massagists as instructors and which has
                   minimum requirements or a continuous course of study and training
                   consisting of study in physiology, anatomy, massage theory,
                   hydrotherapy, hygiene, ethics and practical massage.

             D.    Pawnshops, as contemplated in Act No. 273 of the Public Acts of
                   1917, as amended and/or Act No. 231 of the Public Acts of 1945,
                   as amended.

             E.    Pool and billiard halls,

             F.    Precious metal and gem dealers, as contemplated under Act 95 of
                   the Public Acts of 1981, as amended.

             G.    Second-hand      dealers,defined as any person, corporation,
                   partnership, firm or other entity, a substantial portion of whose
                   business is that of purchasing, storing, exchanging and receiving
                   second-hand property of any kind or description, excepting
                   businesses whose primary products are bona fide antiques.


I       3.   Other Definitions
             A.    Nudity or a state of nudity means the showing of the human male or
                   female genitals, pubic area, vulva, anus, anal cleft or cleavage with
                   less than a fully opaque covering, the showing of the female breast
                   with less than a fully opaque covering of any part of the nipple, or a
                   showing of the covered male genitals in a discernibly turgid state.

             B.    Semi-nude    or semi-nude condition means the showing of the
                   female breast below a horizontal line across the top of the areola at
                   its highest point or the showing of the male or female buttocks.
                                                                           -   --    --------




    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -21-


                         This definition shall include the entire lower portion of the human
                         female breast, but shall not include any portion of the cleavage of
                         the human female breast, exhibited by a dress, blouse, skirt,


I                 C.
                         leotard, bathing suit or other wearing apparel provided the areola is
                         not exposed in whole or in part.

                         Specified anatomical areas means: the human male genitals in a
                         discernibly turgid state, even if completely or opaquely covered; or
                         less than completely and opaquely covered human genitals, pubic
                         region, buttocks or a female breast below a point immediately
                         above the top of the areola.

                  D.     Specified sexual activities means any of the following: the fondling
                         or other erotic touching of human genitals, pubic region, buttocks,
                         anus, or female breasts; sex acts, normal or perverted, actual or
                         simulated, including intercourse, oral copulation, masturbation or
                         sodomy; or excretory functions as part of or in connection with any
                         of the activities previously mentioned in this definition.

            4.    Dispersal Requirement
            In addition to compliance with the other provisions         of this Ordinance,      the
    following apply to regulated uses:

                  A.     No regulated use may be located within           1000 feet of another


I
                         regulated use; and

                  B.     No regulated use may be located within 750 feet of any residential
                         zoning district, school property, church, public park or other use
                         which is primarily oriented to youth (less than 18 years of age)
                         activities.

           5.      Existing Structures.
           Existing structures and/or uses which are in violation of this Section shall be
    subject to the regulations set forth in Article XV of this Ordinance, governing non-
    conforming structures and uses.

    Section Two of Ordinance
           All of the regulations of the Zoning Ordinance shall remain in effect, amended
    only as provided above.

    Section Three of Ordinance
           Any and all criminal or civil proceedings initiated by the Township and pending,
    and all vested rights on the effective date of this Ordinance, are saved and may be
    consummated according to the law and ordinance enforced at the time they were
    commenced.



I   Section Four of Ordinance
            The effective date of this Ordinance shall depend on whether the ordinance is
    requested to be submitted to the Township electors for approval. A notice of intent to
    make such a request must be submitted within seven days of publication of the
    ordinance. If such a notice has not been timely submitted, this ordinance shall take
    effect on the eighth day following publication.      If a notice of intent is timely filed, a
    petition requesting the submission of this ordinance to the Township electors must be
    filed within thirty (30) days of publication of the ordinance. If such a petition has not
    been timely filed, this ordinance shall take effect on the 31 st day following publication. If
    such a petition has been timely filed, this ordinance shall take effect immediately upon
1-




     CHARTER TOWNSHIP OF BLOOMFIELD
     BOARD OF TRUSTEES
     DECEMBER 9, 2002
     PAGE -22-


     the final determination by the Township Clerk that a majority of the registered electors in
     the Township have voted to approve it. A petition requesting submission of this
     ordinance to a vote of the electors must be signed by a number of registered Township


 I   electors equal to not less than 15% of the total vote cast for all candidates for governor
     at the last preceding general election at which a governor was elected.

                                         CERTIFICATION

           It is certified that the foregoing ordinance was duly adopted by the Township
     Board of the Charter Township of Bloomfield at a meeting duly called and held on the
     __    day of                        , 2002.

                                               WILMA S. COTTON, TOWNSHIP CLERK

     YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
     NAYS:         None

     MOTION WAS MADE by Tobias and supported by Devine to ACCEPT for consideration
     Ordinance No. 533, an amendment to the Township Zoning Ordinance No. 265, as
     amended, to provide the option for developers to develop certain residential property
     with 50% of Open Space. A summary of this proposed ordinance will be published in
     the Birmingham Eccentric prior to its adoption on January 13, 2003.




 I                               PROPOSED ORDINANCE NO. 533

                          TEXT AMENDMENT TO ZONING ORDINANCE
                                  [Open Space Preservation]

                   AN ORDINANCE TO AMEND ORDINANCE NO. 265, AS
                   AMENDED, OF THE CODE OF ORDINANCES OF THE
                   CHARTER TOWNSHIP OF BLOOMFIELD, THE "ZONING
                   ORDINANCE," BY ADDING A NEW SECTION 1404 TO
                   PROVIDE   THE  OPTION   FOR   DEVELOPERS   TO
                   DEVELOP CERTAIN RESIDENTIAL PROPERTY WITH
                   50% OF OPEN SPACE IN ORDER TO COMPLY WITH THE
                   MANDATES PROVIDED IN ACT 177 OF THE PUBLIC
                   ACTS OF 2001.

     THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

                                      Section 1 of Ordinance

            The Zoning Ordinance shall be amended by adding a new Section 1404 of Article



 I   XIV, reading as follows:

     Section 1404.
     A.     Intent and Purpose

                    The intent of this Ordinance is to encourage the long-term preservation of
             open space and natural features and the provision of recreation and open space
             areas in accordance with Act 1770f the Public Acts of 2001.

     B.      Eligibility Requirements
                      This Ordinance shall be applicable to residential   properties zoned R-1
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -23-


          through R-3, One Family Residential. The provIsions in this section shall
          supplement the existing regulations applicable within the referenced zoning
          districts in the event a developer or owner of property elects to submit its


I   C.
          proposed development under the open space preservation option provided in this
          section.

          Open Space Preservation Option
                 Property meeting the eligibility requirements of this Section may be
          developed, at the owner's option, with the same number of dwelling units on a
          portion of the land as specified herein that, as determined by the approving body,
          could have otherwise been developed on the same land under current
          ordinances, laws and rules, subject to and in accordance with the regulations of
          this Section.

    D.    Density Calculation
                The density of dwelling units shall not exceed the density customarily
          developable in the zoning district in which the proposed development is located,
          developed with a conventional layout and with all applicable laws and ordinances
          being observed.

          1.      A parallel plan shall be submitted to the approving body in order to
          establish the maximum permitted density. The parallel plan shall identify how a
          parcel could be developed under the conventional standards of the specific
          zoning district in which the property is situated (without application of this


I         section), and the requirements of all other applicable State and municipal
          regulations and standards. The parallel plan shall provide lots with building
          envelopes of sufficient size, taking into consideration sanitary sewage disposal
          capacity (only on property where there is a question of soil capacity will it be
          necessary to undertake actual soil analysis or County review), topography,
          easements or encumbrances, drainage retention/detention areas, along with all
          necessary roads and road-related improvements, without impacting natural areas
          and features required to be preserved under applicable law and ordinance. All
          unbuildable areas and areas with limitations to development must be accurately
          identified on the parallel plan, including, but not limited to, wetlands,
          watercourses, drains, floodplains, steep slopes, woodlands and similar features.
          It is not the intent of this provision to generally require detailed engineering in the
          preparation of this plan, however, it must be a realistic plan of development,
          taking into consideration the actual assets and constraints of the property.

          2.     The approving body shall make the determination that a parallel plan is
    acceptable once it meets all applicable Township ordinance requirements and, based
    on the parallel plan, determine the number of units permitted under the open space
    preservation option provided in this Section.

    E.    Design and Application Requirements


I                The following design and application requirements shall apply to a
          proposed open space development under this Section. The design requirements
          shall be incorporated into a preliminary plat, if the land is proposed to be
          developed as a subdivision under the Land Division Act, and otherwise
          incorporated into a site plan in accordance with the requirements of this
          Ordinance.

          1.     A minimum of 50% of the gross site area shall be preserved as permanent
                 open space in an undeveloped state in the manner set forth in Section F.,
                 below.
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -24-


        2.   Permanent open space shall include the site's most significant natural,
             environmental, agricultural and/or cultural features, including, but not
             limited to the following; however, in an open space development under


I            this Section, an "undeveloped state" shall not include a golf course:

             a.
             b.
                     Wetlands, floodplains, and natural watercourses;
                     Woodlands;
             c.      Scenic views;
             d.      Historical structures;
             e.      Recreational pathways and other permitted recreational facilities;
             f.      Buffers from major thoroughfares and more intense land uses; and
             g.      Similar features acceptable to the approving body.

        3.   The applicant for an open space development shall be entitled to an
             approval under this Section; provided, the following aspects of the
             proposed development plan shall be reviewed following a public hearing
             for discretionary approval by the approving body:

                  a. The area and width of the resulting individual lots and building
                     setback requirements under the open space preservation option
                     shall be reasonable and rationally related to the type of
                     development proposed and shall comply with the standards,
                     requirements and intent of the specific zoning district in which the
                     proposed development is located to the maximum extent feasible.

I                    Factors to be considered in determining the reasonableness of the
                     area, width and setback requirements shall include the amount of
                     open space, the density as determined by the approving body
                     under the parallel plan, and the required setbacks, minimum lot
                     width, and maximum lot coverage for the particular zoning district.
                     Final area, width and setback requirements under the open space
                     preservation option plan shall be approved by the approving body,
                     in the manner set forth in Section G., below.

                  b. Lot layout and configuration shall result in lots or units feasible for
                     development and use of residences, and in the maintenance of a
                     reasonable buffer between an open space development hereunder
                     and adjacent public thoroughfares and other land which is
                     developed, or may be developed for non-cluster residential
                     development. Each lot or unit shall be depicted on the plan with a
                     proposed building envelope, in which a proposed residence may be
                     constructed and used, including all likely improvements, without the
                     necessity of the grant of a variance by the Zoning Board of
                     Appeals.

        4.   Open space areas shall be accessible to all lots in the development, either


I       5.
             directly from the internal road network or, if approved in the discretion of
             the approving body, directly from another manner of access providing
             perpetually existing and maintained pedestrian accessibility to all lots.

             Preserved open space shall be connected with adjacent open space,
             public land, and existing or planned safety paths, where feasible, as
             determined by the approving body.

        6.   Approval of an open space option development does not constitute a
             change in the zoning of the property, and, except as specifically provided
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -25-


               in this section, all other regulations applicable within the zoning district of
               the property and development shall apply.



I        7.    Restrictions.

               a.     Nothing in this section shall allow the construction of multi-family
                      residential units in a single family residential district.

               b.     Nothing in this section shall allow a development to result in the
                      creation of a nuisance or a danger or hazard to the health, safety
                      and welfare of any person or property.

               c.     The development shall not result in an unreasonable burden upon
                      public services and/or facilities, taking into consideration the
                      capacity and availability, considering the existing and anticipated
                      future use of such services and facilities.

               d.     The development shall be designed to avoid an unreasonable
                      burden upon the subject and/or surrounding properties, taking into
                      consideration economic, aesthetic, traffic, noise and other
                      applicable and relevant planning and/or engineering considerations.
               e.     Any development proposed utilizing the open space preservation
                      option provided in this section shall, to the greatest extent feasible
                      while remaining consistent with the requirements of Public Act 177

I   F.
                      of 2001, comply with all zoning regulations and design standards
                      applicable to the property.

         Open Space Maintenance and Preservation
         1.   All open space shall remain perpetually in an undeveloped state by means
              of a conservation easement to be recorded with the Oakland County
              Register of Deeds. All such conservation easements shall clarify
              ownership, access/use rights, and perpetual maintenance, and shall be
              approved by the approving body prior to final approval of the development,
              and shall be received and approved as to substance and form by the
              Township attorney prior to acceptance by the approving body.

         2.    Nothing in this section shall be construed to require the property owner to
               convey fee title ownership of the open space to the public.

    G.   Review Process
         1.    All proposed open space preservation option developments shall be
               submitted and reviewed in accordance with the procedure applicable
               under this ordinance to the type of development being proposed (Le.,
               subdivision, condominium, site condominiums, etc.) and in accordance
               with the development standards in this section and other applicable


I        2.
               ordinances. The "approving body", as referenced in this section, shall
               mean the Township Board designated in this ordinance as having the
               authority to grant final plan approval to the proposed development.

               In addition to all other submittals and information required under this
               ordinance, all open space preservation option plans submitted to the
               Township shall include a resource inventory that contains the following:

               a.     All floodplains, wetlands, and bodies of water;
               b.     A woodlands analysis identifying all regulated woodlands;
               c.     All wildlife habitat areas;
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -26-


                  d.     An analysis of on-site soils and topography to identify limitations to
                         development; and
                  e.     An analysis of the cultural features of the site, including but not


I   H.     Definitions
                         limited to, scenic views, historic structures, patterns of original farm
                         fields, fences or stone walls, and recreational uses.


                  The definitions set forth in Act 177 of the Public Acts of 2001 shall be
           incorporated, and considered a part of, this Section.

    Section 2 of Ordinance
           All of the regulations of the Zoning Ordinance shall remain in effect, amended
    only as provided above.

    Section 3 of Ordinance
          Any and all criminal or civil proceedings initiated by the Township and pending,
    and all vested rights on the effective date of this Ordinance, are saved and may be
    consummated according to the law and ordinance enforced at the time they were
    commenced.

    Section 4 of Ordinance
            The effective date of this Ordinance shall depend on whether the ordinance is
    requested to be submitted to the Township electors for approval. A notice of intent to
    make such a request must be submitted within seven (7) days of publication of the

I   ordinance. If such a notice has not been timely submitted, this ordinance shall take
    effect on the eighth day following publication. If a notice of intent is timely filed, a
    petition requesting the submission of this ordinance to the Township electors must be
    filed within thirty (30) days of publication of the ordinance. If such a petition has not
    been timely filed, this ordinance shall take effect on the 31st day following publication. If
    such a petition has been timely filed, this ordinance shall take effect immediately upon
    the final determination by the Township Clerk that a majority of the registered electors in
    the Township have voted to approve it. A petition requesting submission of this
    ordinance to a vote of the electors must be signed by a number of registered Township
    electors equal to not less than 15% of the total vote cast for all candidates for governor
    at the last preceding general election at which a governor was elected.)

                                     Section 5 of Ordinance

          This Ordinance shall be published in full in a newspaper of general circulation in
    the Charter Township of Bloomfield qualified under State Law to publish legal notices
    and shall become effective upon publication, as provided by law.

                                         CERTIFICATION

        The foregoing ordinance was adopted by the Township Board of the Charter


I   Township of Bloomfield at a meeting of the Board duly called and held on the _ day of
    ___   ,2002.

                                       WILMA COTTON, TOWNSHIP CLERK

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None

    MOTION WAS MADE by Tobias and supported by Devine to ACCEPT for consideration
    Ordinance No. 534, an amendment to the Township Zoning Ordinance No. 265, as
    amended, to establish the membership of the Board of Zoning Appeals. A summary of
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -27-


    this proposed ordinance will be published in the Birmingham Eccentric prior to its
    adoption on January 13, 2003.



I                             PROPOSED ORDINANCE NO. 534

         TEXT AMENDMENT TO CHARTER TOWNSHIP OF BLOOMFIELD ZONING
                               ORDINANCE

                 AN ORDINANCE TO AMEND SECTION 1800 OF ARTICLE
                 XVIII OF THE CHARTER TOWNSHIP OF BLOOMFIELD
                 ZONING ORDINANCE, ORDINANCE NO. 265, AS
                 AMENDED, TO ESTABLISH THE MEMBERSHIP OF THE
                 CHARTER TOWNSHIP OF BLOOMFIELD BOARD OF
                 ZONING APPEALS

    THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

                                           Section 1

           Section 1800 of Article XVIII of the Charter Township of Bloomfield Zoning
    Ordinance, Ordinance No. 265, as amended, is hereby amended to now read as
    follows:

    Section 1800. CREATION AND MEMBERSHIP

I            There is hereby established a Board of Zoning Appeals, hereinafter sometimes
    called "Board," which shall perform its duties and exercise its powers as proVided in Act
     184 of the Public Acts of 1943, as amended, and in such a way that the objectives of
    this Ordinance shall be observed, public safety and welfare secured and substantial
    justice done. The Board of Zoning Appeals shall be appointed by the Township
    Supervisor with the approval of the Township Board. Members may be removed by the
    Township Supervisor, after a hearing, with the approval of the Township Board. The
     Board of Zoning Appeals shall be composed of the seven following members: (1) the
    first member shall be a member of the Bloomfield Township Planning Commission; (2)
    the second member shall be a member of the Bloomfield Township Board; (3) the
     remaining five members shall be selected from the electorate of the Township. The
    terms for the Board of Zoning Appeals members shall be for three years, except for the
     members serving because of their membership on the Planning Commission and the
    Township Board, whose terms shall be limited to the time they are members of the
     Planning Commission or Township Board, respectively. The new appointments shall be
     as follows: One (1) new member shall be appointed for a period of one (1) year; one (1)
     new member shall be appointed for a period of two (2) years; and three (3) new
     member may be appointed to hold office for the full three-year term. Each new
     appointment shall coincide with the appointment dates for the remaining members of
    the Board and thereafter shall be reappointed for three-year terms. An elected officer of
    the Charter Township of Bloomfield shall not serve as Chairperson of the Board of


I   Zoning Appeals, and no employee or contractor of the Township Board may serve as a
     member of the Board of Zoning Appeals. The Township Supervisor with the approval of
    the Board may appoint two alternate members for the same term as regular members of
    the Board of Zoning Appeals, with the alternate members to serve as provided by MCL
     125.288.

    Section 2. Repealer.
           Existing Section 1800 of Article XVIII of the Charter Township of Bloomfield
    Zoning Ordinance, Ordinance No. 265, as amended, is hereby repealed. All other
    Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the
    extent necessary to give this Ordinance full force and effect.
    CHARTER TOWNSHIP OF BLOOlVlFIELU
    BOARD OF TRUSTEES
    DECEMBER 9,2002
    PAGE -28-




    Section 3. Severability.
            If any section, clause or provision of this Ordinance shall be declared to be


I   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 4. Savings.
            All proceedings penrijng 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. Effective Date.
           The provisions of this Ordinance are hereby ordered to take effect immediately
    upon publication in the Birmingham Eccentric, a newspaper which is circulated within
    Bloomfield Township.

                                               WILMA COTTON, TOWNSHIP CLERK

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None

    Tom Biehl of Hubbell, Roth & Clark, Inc. reviewed the proposed sites for the 2003 Safety


I   Path Program. ,L\II of these sites have been requested by homeowners groups. MOTION
    WAS MADE by Tobias and supported by Roncelli to APPROVE the foilowing 2003 Safety
    Path Program:

                                    2003 Safety Path Program

    Route Deg;ription                                                        Est. Cost


    1. Quartan Road - Franklin road to Inkster (south side)                         $ 170,000

    2. Lone Pine Road -          Kings Gate to Franklin (south side)                $ 165,000

    3. Adams Road -       Wattles to Long Lake Road (west side)                     $ '135,000
                          (Fill in missing safety path)

    4. Hickory grove -    London Wall to Opdyke (north side)                        $    30,000

                                               Total Construction Budget            $ 500,000




I   YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None

    Supervisor Payne reviewed his December 6th memo to the Board of Trustees relative to
    his recommendation for the Township's appointment to the Joint Development Council.
    Payne wrote:

            As the Board is aware, as part of the recent settlement with Pontiac, each
            community is responsible for selecting a member for representation on the
            three member council. Once plans have been submitted for review, I
            would envision the planner and our representative presenting site plans to
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9,2002
    PAGE -29-


           the Township Board and/or our Planning Commission for comments prior
           to the scheduled meeting of the Joint Development Council.



I         The individual representing the Township will be required to work closely
          with the planner and consultants as needed. The individual should also
          have considerable knowledge of the 425 Agreement and the Development
          Agreement.

          Accordingly, I am recommending that Dan Devine be designated as the
          Township's representative.    Additionally, while the agreement doesn't
          speak to this issue, I am recommending that Jerry Tobias be designated
          as the alternate member should Mr. Devine be unable to attend a meeting
          of the Joint Development Council.

    Cotton feels someone with architectural or engineering experience should be selected.
    She could think of several qualified individuals including David Lubin and Alex Bogaerts.

    Payne explained that any proposal for development at Bloomfield Park would first go to
    Patti McCullough and then to the various departments and Township administration.

    MOTION WAS MADE by Stefanes and supported by Roncelli to APPROVE the
    appointment of Dan Devine as the Township's representative to the Joint Development
    Council and Jerry Tobias as the alternate member should Mr. Devine be unable to
    attend a meeting of the Joint Development Council.


I   YEAS:
    NAYS:
                  Payne, Devine, Tobias, Stefanes, Roncelli
                  Cotton

    Planning Director Patricia McCullough reviewed the following memorandum she
    provided the Township Board relative to Planning Related Review Fees. McCullough
    wrote:

    Purpose

    The Planning and Development Department has reviewed the current fee schedule for
    planning related items to determine whether sufficient fees are being collected to cover
    the Township cost for planning reviews. Communities are permitted to charge fees for
    planning related activities in order to collect revenues in an amount not to exceed
    operational costs. The plan review schedule had not been revised for 12 years and the
    Zoning Board of Appeals fee has been in effect for at least 15 years, therefore planning
    related activities have been subsidized by the general fund.

    As part of the review of fees involving planning related activities, such as site plans, lot
    splits and zoning appeals, a survey was conducted of fees charged by other
    surrounding communities. The attached summary report finds that the current


I   Bloomfield Township fee schedule, adopted in 1991, is substantially below the range of
    fees charged by surrounding communities.

    For comparison purposes, two examples have been provided depicting initial site plan
    application fees for hypothetical commercial and residential projects. (It should be
    noted that the total planning review fee would most likely be greater depending on the
    number of reviews, Board/Commission meetings, or revisions to a development
    project.)

    Examples:
        CHARTER TOWNSHIP OF BLOOMFIELD
        BOARD OF TRUSTEES
        DECEMBER 9, 2002
        PAGE -30-


               Commercial - a site plan submittal involving a commercial site of 80,000 sq. ft.
        with a proposed 30,000 sq. ft. office building.



I              Residential - a site plan submittal involving a multiple family site of 80,000 sq. ft.
        with 47 proposed dwelling units.


        COMMUNITY                  Commercial                                    Residential
                                   Base fee   + factor        Total              Base fee + factor           Total


        Pontiac                    $500 +$290                  $790              $500 + $470                   $970
        W. Bloomfield              $800 + 0                    $800              $500 + $705                 $1205
        Southfield                 $675 +$150                  $825              $675 + $329                 $1004
        Birmingham                 $600 + $50+ 150             $800              $600+$1175                  $1775
        Waterford                  $1264 + 0                  $1264              $1264 + 0                   $1264
        Bloomfield Hills           $1700      + 0             $1700              $1450+0                     $1450


        Current Bloomfield         $300 + $30                  $330              $300 + $122                   $422
        Proposed Bloomfield $600           + $210              $810              $600   + $470               $1070


        Recommendation

        Since revenues are based on an established fee schedule, increasing user fees would recover

I       more of the administrative costs that are involved and result in a decline in the Township subsidy
        amount, lessening the financial burden on the Township taxpayer. An increase would also rectify
        the disparate rates charged by the Township in comparison with the surrounding communities.

        The attached proposed fee schedule has been provided for consideration of adoption of a revised
        fee schedule for planning related review items.



 Fee Schedule Comparison                   Bloomfield                   Pontiac                     Southfield
                                            (curren~)

SubdlVisiOn(plat) ReView                                                                       475+7/lot
Prehnunary Plat ReView
 1) Tenta1lve approval              1)340+3 SO/lot
2) Fmal approval                    2)250+2 DO/lot
Open Space SubdlVision
1)tentanve approval                 42S+3 SO/lot
2)final approval                    250+2.00/lot
Malor RedeSign                      225+2 SO/lot
         Site Plan Reviews
1)mulnple famtly/ cluster           1)300-1260/DU                1)500+10/DU                   1)675+7/DU
   reVised plans                      215+190jDU
   major redeSign                     255+230jDU                                                               f
                                                                                                 50% of 1n11lalee
2)commercial/ other                 2)250-400+ 20j ac            2)500+10/1000sf               2)675+5/1,000s.f gba
   reVised plans                      500 0 ol1guml fee
   major redeSign                     same .:ISorigtnal fee
3)Landscape plan                    3)1S0-3S0                    3)200+10/acre
   reVised                            100-275
   mspec1lon                          17S-450
4) Semce/Margtnal access drives
 5) Renewal or ExtenSiOn
 6)Adm1n1stra1lve                                                4)100+10/acre                 6)350+5/1,000s.f.gba
Woodlands/Wedands         Review    HOlUlyute fot plan
                                    teYlCw/mspecnon                                            Wetlands - 2,255
Planned Development                                                                            675+5/1000s.£gba
         CHARTER TOWNSHIP OF BLOOMFIELD
         BOARD OF TRUSTEES
         DECEMBER 9, 2002
         PAGE -31-


1)prehm1nary reVlew                   395+350/DU
  major redesIgn                      245+2.50/DU
2)final reVlew                        250+200/DU
  major redesign                      250+200/Du
3)planned development reVlew
Community Impact Review
          Snecial Land Use                                                                      400
              Rezoninf!"                                                                        750+40/acre over 1
Land Division/ Combination            150 - t\.voor lcs~ lots
                                      250 - thlce to four lots
          Desip-n Review
             Sip-nReview
         Board of Appeals
1) residentlal                        1)25                          1)75                        1)        75
2)commercIal                          2)25                          2)200 mcl.                  2)        300
3)temp. sign vanance                                                  Mulu-famlly
4)Vlolatlon
5)Use vanance                                                       5)400+40/ acre
            Special Notes                                                                       A

              A.   Items Wlthdrawn or tabled at request of peutloner will be charged 25% of oogmal filing fee.



 Fee Schedule Comparison                   Birmingham               West Bloomfield             Bloomfield Hills

SubdlVlsion (plat) ReVlew
Prehm1nary Plat ReVlew
1) Tentatlve approval                1)600+10/10t                 500+30/10t
2) Fmal approval                     2)400
Open Space SubdlVlslOn
l)tentatlve approval                                              500+30/10t
2)final approval
Malor RedeSign
         Site Plan Reviews
1)multlple farmly/ cluster           l)Prehm.1nary -              1)500+15/DU                 Prehm.1nary- 1,450
   reVlsed plans                        600+25/DU                                             Fmal-l,700
   major redesign                       Fmal-                                                 ReVlew for comphance-
2)commercial/ other                     600+25/DU                 2)800 for less than 4       1,400
   reVlsed plans                     2)Prehm.1nary-               acres OR 1,100 for more
   major redesign                       600+25/acre               than 4 acres
3) Landscape plan                       Fmal-                                                 3)1,300
    reVlsed                             600+25/acre
    mspectlon
4) Semce/Margmal access
doves
5) Renewal or ExtenslOn                                           5) 500
6) Admuustratlve
Woodlands/Wetlands         Review                                 Woodlands-250 - 1,500
                                                                  Wedands - 250-1,100
Planned Development
1) prehm1nary reVlew                                              1)500+30/DU
   major redesign
2) final reVlew                                                   2)600
   major redesign
3) planned development reVlew                                     3)1,100
Community Impact Review              1,500
         Special Land Use            500+ site plan and deSign
                                     reVlew fees
          Rezoninf!"                 1,500                        700+50/acre over 2
Land Division/ Combination           $150 per no. oflots          200                         1,000 per lot created
                                     requested
            CHARTER TOWNSHIP OF BLOOMFIELD
            BOARD OF TRUSTEES
            DECEMBER 9, 2002
            PAGE -32-


             Desi     Review              150                                                     Res1denttal-1,415
               Si Review                  150                          40 wall or 75 ound
            Board of Appeals                                                                      1,200
    1) res1denttal                         1)60                        1)50                       600 - reVIsed plan
    2) commerc1al                         2)200                        2)125
    3) temp s1gnvanance                                                3)75
    4) VIolatton                                                       4)340
    5 Use vanance
              Special Notes               B                            C, D
                   B. The fees for des1gn reVIew, s1teplan reVIew,lustonc reVIew,and speCial and use permlts shall be double the
                       hsted amounts m the event the proposed project 1Scommenced pnor to filing of an apphcatton for reVIewby
                       the C1ty
                   C. An addtttonal150 1Scollected m escrow for all wetland apphcattons to cover costs of consultant fees. After-the-
                       fact permlt requests are approx double fee.
                   D. Escrow accounts are used to cover costs connected With the apphcatton mcludtng consultant fees, 1ssuance of
                       the perffi1t and mOnltonng If costs exceed the escrow balance, the apphcant 1Srespons1ble for all fees
                       regardless of the reVIew outcome.




                                         Charter Township of Bloomfield
                                         Planning and Development Department


I            Site Plan Review
                                      Proposed Planning Review Fee Schedule

                                                           Non-residential             $600 + $7/l 000 gross sq. ft.
                                                           Residential                 $600 + $1 O/unit
             Design Review Board Review                                                $125
                      - Sign Review                                                      $50
             Rezoning Requests                                                         $600 + $25/acre
             Subdivision (Plat) Review                                                 $600 + $25/Lot
             Lot Split Requests                                                        $300/Lot
             Zoning Board of Appeals                       Non-residential             $200
                                                           Residential                   $50



             1. Revised submittals for review shall be half of initial fee for each occurrence.
             2. Items withdrawn or tabled at request of petitioner will be charged 25% of original filing fee.
             3. The fees as noted above shall be double the listed amounts                         in the event the proposed
             request is commenced prior to filing of an application for review by the Township.



I
             4. Consulting      Review Fees - The applicant             shall be responsible        for any costs incurred         by
             consultants, including but not limited to traffic and environmental,                  contracted by the Township
             to review the proposed site plan as determined by the Planning Director.
             5. Site plan fees submitted for Planning Commission review includes an initial review by the
             Design Review Board.

             Cotton felt the increases were exorbitant. The Township has never charged for lot splits
             and increasing the fee to go before the Zoning Board of Appeals could cause people to
             ignore the process altogether. Bloomfield Township has always been unique, we don't
             need to raise fees to keep pace with other communities. Cotton advised that prior to
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -33-


    hiring the Planning Director, the Supervisor informed her that the Township could
    increase permit fees to pay that salary.



I   Devine feels we should cover our expenses. His tax money should not be used to
    support a profit for a resident or developer, Le., lot split or commercial development.
    Since the fees regarding lot splits would be dealing with a voluntary project where a
    profit is involved for the individual, Devine feels it is more than fair to have those
    individuals pay. Given a comparative analysis of other communities, we are way behind
    in our fee schedule.

    Roncelli feels the fee proposal needs more study, especially since some of the fees are
    being doubled. We need to look at this carefully, especially since we just got the 2 %
    mill increase.

    MOTION WAS MADE by Devine and supported by Stefanes to APPROVE the Planning
    Related Review Fees as presented, except for items two and three.

    A roll call vote was taken:

    Roncelli - Nay
    Cotton - Nay
    Payne - Yea
    Devine - Yea
    Stefanes - Yea


I   Tobias - Nay

    The vote ended in a tie.

    MOTION WAS MADE by Tobias and supported by Devine to TABLE the Planning
    Related Review Fees until the next meeting pending more review by the Board.

    YEAS:         Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:         None

    Planner Patricia McCullough reviewed her December 4th memorandum to the Board of
    Trustees relative to The Development Agreement-Fee Schedule. McCullough wrote:

    In accordance with the conditions accepted in the Development Agreement in
    conjunction with the Pontiac/Bloomfield 425 Agreement, the Township agreed to adopt
    an identical fee schedule by Board resolution as currently established for the City of
    Pontiac.

    As noted in the attached excerpt of the Development Agreement, this review fee may be
    amended from time-to time to cover increases in in-house administrative costs and
    expenses.


I   Suggestion
    To adopt the following fee schedule for site plan review in compliance with the terms
    and conditions of the Development Agreement in conjunction with the
    Pontiac/Bloomfield 425 Agreement.

    Multiple-family Residential Building:   $500+ plus $10 for each proposed unit.

    Non-Residential Building:               $500+ for the first 1,000 sq. ft. of Gross
                                            Building Area of proposed building, PLUS $10
    CHARTER TOWNSHIP OF BLOOMFIELD
    BOARD OF TRUSTEES
    DECEMBER 9, 2002
    PAGE -34-


                                               for each additional 1,000 sq. ft. OR fraction
                                               thereof of proposed building.



I   Parking Lots or Change of use:

    ADMINISTRATIVE
                                               $200+ plus $10 for each additional acre.

                         (Le. must satisfy all applicable ordinance standards)

    Parking Lot or Change of Use:              $100+ plus $10 for each additional acre.


    MOTION WAS MADE by Tobias and supported                    by Devine    to APPROVE       the
    Development Agreement Fee Schedule as presented.

    YEAS:         Payne, Devine, Tobias, Stefanes, Roncelli
    NAYS:         Cotton

     MOTION WAS MADE by Tobias and supported by Devine to AUTHORIZE payment of
    payroll and vouchers A017316-A017347,   B092364-B092509,  E000684-E000695
    totaling $3,206,753.26.

    YEAS:          Payne, Cotton, Devine, Tobias, Stefanes, Roncelli
    NAYS:          None

    Meeting adjourned.


I
                                        WILMA S. COTTON
                                        TOWNSHIP CLERK




    TABLED ITEMS:

            Consider lot split request for the former address of 4290 N. Willoway Estates
            Court (19-16-326-016 & 19-16-377-023).

            Consider lot split request for Lots 1, 2, 3, 4 & 5 Block 1, Lots 1, 2 & 3 Block 2 and
            Lots 1, 2, & 3 Block 3, Square Lake Country Club Subdivision, Section 6.


I           Consider lot split request for lots 7 and 8, Woodland
            Subdivision, Section 21.
                                                                       Estates on Gilbert Lake


            Approve fill request for 804 N. Valley Chase Road, Hickory Heights #3, Section
            13.


    mjg

				
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