Beverly Hills Regular Village Council Meeting Monday, November 3, 2014 Municipal Building 18500 W. 13 Mile Rd. 7:30 p.m. AGENDA Roll Call/Call to order Pledge of Allegiance Additions to Agenda/Approve Agenda Community Announcements Consent Agenda a. Review and consider approval of minutes of a regular Council meeting held October 21, 2014. b. Review and file bills recapped as of Monday, November 3, 2014. Business Agenda a. Review and consider request from the Groves High School Orchestra to use village streets, sidewalks and Beverly Park for a 5K run on Sunday, May 17, 2015. b. Public hearing regarding Ordinance #353 Maintenance Agreements. c. Second reading and possible adoption of Ordinance #353 adding section 22.090.080 Maintenance Agreements to Chapter 22 of the Municipal Code. d. Review and consider subcommittee’s recommendation to fill Parks & Recreation Board vacancy. e. Review and consider adoption of Storm Water Operation and Maintenance Agreement. f. Second announcement of a vacancy on the Village Council. g. Set public hearing date of December 2, 2014 regarding Program Year 2015 Community Development Block Grant application. h. Set public hearing date of December 2, 2014 to receive comments on a rezoning request for 19600 W. Thirteen Mile Rd. i. Review and approve Hubbell, Roth & Clark invoice(s) for payment. Public comments Reports Manager Council The Village of Beverly Hills will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audiotapes of printed materials being considered at the meeting, to individuals with disabilities attending the meeting upon three working days notice to the Village. Individuals with disabilities requiring auxiliary aids or services should contact the Village by writing or calling Ellen Marshall, 18500 W. Thirteen Mile, Beverly Hills, MI 48025 (248) 646-6404. REGULAR COUNCIL MEETING MINUTES – OCTOBER 21, 2014 - PAGE 1 Present: President Mercer; President Pro-Tem Briggs Members: Burry, Kelly, Mooney and Oen Absent: None Also Present: Manager, Wilson Assistant Manager/Clerk, Marshall Public Safety Director, Torongeau Village Attorney, Ryan President Mercer called the regular Council meeting to order at 7:32 p.m. in the Village of Beverly Hills municipal building at 18500 W. Thirteen Mile Road. A Scout from Troop 1699 led those present in reciting the Pledge of Allegiance. ADDITIONS TO AGENDA/APPROVE AGENDA Motion by Oen, second by Mooney, to approve the agenda as published. Motion passed. COMMUNITY ANNOUNCEMENTS DTE Representatives to address power outage Mercer stated that there are representatives from DTE present in the audience to talk about the power outage that impacted Beverly Hills in the beginning of September. Michael Palchesko, regional manager of corporate and government affairs for DTE in Oakland County, was joined by Naera Haghnazarian, a distribution planning engineer who oversees the planning and design of the electrical system in Beverly Hills and the surrounding area. Also present was Nick Carlson, supervising engineer of southeast regional planning, which is the distribution engineering organization that oversees a good portion of southeast Oakland County. Naera Haghnazarian used the SmartBoard to present a high level overview of the DTE electrical system in Beverly Hills. She addressed the operation of substations, the circuit boundaries in Beverly Hills, available capacity, and power quality as it relates to outage types. Haghnazarian provided background on recent outages that were experienced in this area and why they occurred. She commented on outages that were caused by trees during storms. DTE has taken steps to conduct line clearance, and additional work will be forthcoming to improve the reliability of the system in portions of the community. DTE has a plan to patrol and identify the problem areas on the circuits so they can be improved and limit outages. Haghnazarian said that DTE has invested over $2 million in Beverly Hills in the past five years. Some of this work included rebuilding primary lines, installation of sectionalizing devices to limit circuit level outages and reduce the number of customers affected. They installed fault locators to improve the restoration process and installed regulation and transformers to improve customers’ voltage. Tree trimming and line clearance measures were also undertaken. DTE plans to identify frequent outage locations in the future and do spot tree trimming to avoid tree related outages. REGULAR COUNCIL MEETING MINUTES – OCTOBER 21, 2014 - PAGE 2 Palchesko talked about communications with the company. The 1-800-477-4747 number is staffed 24/7 in order to receive customer information regarding power outages. The DTE website has been enhanced to provide customers with the ability to obtain information about the status of their power outage. A phone application for smart phones allows customers to communicate with DTE. The company has been working diligently to coordinate its information sources. Palchesko referred to the zip code map where a customer can view all of the DTE service territories and determine outages locations and the extent of those outages. The map of Beverly Hills and the circuitry involved was reviewed. Palchesko discussed the catastrophic storm event on Friday, September 5, 2014. Beverly Hills was one of the hardest hit communities in Oakland County. It was one of the ten largest storms in the company’s 110 year history. Approximately 400,000 customers lost power as a result of that event with 5,000 downed power lines in southeast Michigan. DTE sought assistance from utilities in other states. Palchesko described the communication that takes place during this type of outage. Haghnazarian provided detail about the outages and multiple problems that occurred in Beverly Hills as a result of the September 5 storm. She affirmed that DTE does have tree issues. Line clearance maintenance is conducted every five years. Tree trimming was addressed as well as the restrictions placed on trimming trees outside of the easement. Members of Council and the public described storm related occurrences in their neighborhoods. Questions and comments were addressed by Palchesko and Haghnazarian. Most of the inquiries were related to the necessity of trimming or removing large trees in easements in order to prevent future outages. The need to intensify the tree maintenance program was stressed. DTE representatives were asked if they would consider burying power lines in certain areas. Haghnazarian responded that DTE does review a nonperforming circuit to improve the reliability. The following residents described their particular problems and experiences related to outages following the September 5 storm. Palchesko will follow up on issues raised at these locations regarding outages and tree trimming. Robert Bloom Halley Tarockoff Sharon Tischler 22571 King Richard Court 31317 W. Chelton 21415 Virmar Court Council thanked the DTE representatives for attending tonight’s Council meeting to address the power outages and residents’ concerns. Wilson mentioned that people who have experienced prolonged or frequent outages may be eligible for a credit or refund from the Michigan Public Service Commission. Further information is available on the DTE website. Oakland County Commissioner Bill Dwyer was present to update Council on County activities. He commended PSO Tom Danielson who received the “Officer of the Year” award at the last Council meeting. Dwyer reviewed that the regional assets of the Detroit Water and Sewerage Department system, which serves 4 million people in southeast Michigan, will be operated by the newly created Great Lakes Water Authority. A proposal was passed by the Oakland County Commissioners to approve the 40-year deal with Macomb and Wayne counties to create the REGULAR COUNCIL MEETING MINUTES – OCTOBER 21, 2014 - PAGE 3 regional water authority. Under the accord, the mayor of Detroit will choose two appointees to the authority; each county will get one appointee; and the governor will select one appointee. Five of six votes will be required to raise rates or make other major decisions. Dwyer announced that Bob Daddow was appointed by County Executive Brooks Patterson to serve on the regional water authority board. Dwyer informed Council that the Oakland County budget is balanced through 2017. The longer term five-year forecasted budget is balanced through 2019. Oakland County retains it AAA bond rating. The County is anticipating that another 40,000 new jobs will be added to Oakland County next year. With regard to the roads, Dwyer said that Act 51 road funds from the State are decreasing. People across the area agree that road repairs are an important issue. As road conditions deteriorate, property values decrease. There is work going on in Lansing to restructure road funding, but Dwyer does not expect any increase in road funding will be acted upon until after the November election. CONSENT AGENDA Motion by Oen, second by Mooney, to approve the consent agenda as follows: a. Consider approval of minutes of a regular Council meeting held October 7, 2014. b. Review and file bills recapped as of Monday, October 20, 2014. Motion passed. BUSINESS AGENDA REVIEW AND CONSIDER ANNUAL FUNDING REQUEST AND CONTRACT FROM BIRMINGHAM AREA SENIORS COORDINATING COUNCIL (BASCC) FOR FY 2014/2015 IN THE AMOUNT OF $30,000 Bob Borgon, President of the BASCC Board, was present along with the newly appointed Executive Director, Cris Braun. Borgon related that this is a time when support from the local municipalities has never been more important to the organization. As demonstrated by the conclusions of the Joint Senior Services Committee, BASCC must grow to meet the needs of the growing 50+ population in our communities. BASCC has already begun the process to expand its hours, outreach, programming and transportation. The organization is in the process of hiring a third outreach provider to offer the resources, nutritional support and medical equipment and other essential services that will allow more seniors to age in place happily and healthy. The money provided by Beverly Hills and other communities will allow BASCC to hire the staff necessary to expand its hours and provide more educational, enrichment and fitness programs. Borgon thanked Council for its consideration and unwavering support of BASCC. Borgon introduced Cris Braun and outlined her experience and qualifications. Ms. Braun thanked Council for its support. She affirmed that the funding will be critical for BASCC moving forward. The organization has plans to open with longer hours and more resources starting January 2015. A survey is being circulated in the community to collect information on how to fill those hours and attract greater membership. REGULAR COUNCIL MEETING MINUTES – OCTOBER 21, 2014 - PAGE 4 Motion by Burry, second by Oen. Be it resolved that the Council for the Village of Beverly Hills approve the funding request of the Birmingham Area Seniors Coordinating Council (BASCC) in the amount of $30,000 for the provision of senior services; further, that Administration is directed to sign the contract document providing for this continuing community service. Funds are available in account #101-747-891. President Mercer congratulated and welcomed Ms. Braun. Roll Call Vote: Motion passed (6 – 0). REVIEW AND CONSIDER ANNUAL FUNDING REQUEST AND CONTRACT FROM BIRMINGHAM BLOOMFIELD COMMUNITY COALITION FOR FY 2104/2015 IN THE AMOUNT OF $1,200 Carol Mastroianni, Executive Director of the BBCC, presented a slide show with the use of the Smart Board to inform the community on what the organization is doing to keep youth safe and substance free. Mastroianni, along with Groves High School senior Charlotte, talked about upcoming and ongoing Coalition sponsored activities and events that incorporate proven prevention strategies targeting youths and families. Prevention programs are being designed to give young people the facts and skills they need to feel confident with themselves and make better decisions. The Birmingham Bloomfield Community Coalition (BBCC) provides services to reduce substance abuse by youth within the Village of Beverly Hills and the greater Birmingham Bloomfield community. These services center on raising awareness and reducing the access and use of tobacco, hookah, alcohol, marijuana and other dangerous drugs by teens. BBCC acts in similar fashion to a “community services” function, a service the Village of Beverly Hills does not currently staff on its own. Mastroianni informed Council that the Birmingham Bloomfield Community Coalition is in the last two years of its federal grant. They are looking at sustainability. When the grants end in 2016, BBCC will need to replace $175,000 in funds. Motion by Briggs, second by Oen. Be it resolved that the Council for the Village of Beverly Hills approve the funding request of Birmingham Bloomfield Community Coalition in the amount of $1,200 for the provision of substance abuse prevention services; further that Administration is directed to sign the contract document providing for this continuing community service. The funds for this expense are available in Account #101-747-890.03 Community Action: Contracted. Roll Call Vote: Motion passed (6 – 0). REGULAR COUNCIL MEETING MINUTES – OCTOBER 21, 2014 - PAGE 5 REVIEW AND CONSIDER LIABILITY AND PROPERTY INSURANCE RENEWAL On the agenda for Council review and consideration is the renewal of the Village’s Liability Insurance Policy. Craig Manser, the Village’s liability insurance representative from IBEX Insurance Agency, was present. If approved, this policy will renew on November 1, 2014 for one year. The terms of this policy are the same as the current policy. The total cost for the liability policy for one year is $110,221. The Village’s carrier, Michigan Municipal Risk Management Authority (MMRMA) is requesting a contribution to the loss retention fund of $40,000 upon renewal. There is also a stop loss policy that would limit all liability in any Village fiscal year to $108,000. The cost for retaining this stop-loss policy is $6,802. The total premium and retention fund contribution is $157,023. Upon renewal of the policy, the Village will be eligible for a disbursement through MMRMA of $37,808. Village Administration recommends that this amount also be applied to the loss retention fund. Wilson stated that he reviewed the policy and coverage amounts with Craig Manser and Finance Director Wiszowaty. He recommended that Council renew the policy as stated and that the Village maintain the stop-loss policy. It was noted that the Village no longer carries the fiduciary liability policy since the pension fund is now administered by the Michigan Employees’ Retirement System. Craig Manser reiterated that there have been no coverage changes this year. There have been a couple of coverage clarifications and definition changes, which were reviewed with Wilson and Wiszowaty. He described a coverage provision added this year. Motion by Mooney, second by Oen, that the Village of Beverly Hills Council approve and authorize Village Administration to sign the Michigan Municipal Risk Management Authority Liability and Property Insurance renewal effective November 1, 2014 through November 1, 2015 in the amount of $110,221. Further, that the Village contribute $40,000 to its loss retention fund upon renewal and retain the stop loss policy at a cost of $6,802. It is also recommended that the Village transfer the $37,808 disbursement from the MMRMA to the loss retention fund. Funds for this appropriation have been budgeted in the FY 2014-15 budget in the following funds: 101-248-910.00; 205-345-910.00; 205345-910.00; 592-540-910.00 Roll Call Vote: Motion passed (6 – 0). REVIEW AND CONSIDER 2014/2015 FISCAL YEAR BUDGET AMENDMENTS Council is in receipt of a memorandum dated October 7, 2014 from Finance Director Wiszowaty listing operating transfers from the General Fund to the Local Street Fund and from the Major Road Fund to the Local Street Fund. Council is required to amend the 2014-2015 budget to make these transfers. REGULAR COUNCIL MEETING MINUTES – OCTOBER 21, 2014 - PAGE 6 Motion by Mooney, second by Oen, that the Village of Beverly Hills Council authorizes Village Administration to transfer General Fund monies in the amount of $300,000.00 to the Local Street Fund and to transfer Major Road Fund monies in the amount of $108,191.00 to the Local Street Fund. Roll Call Vote: Motion passed (6 – 0). FIRST ANNOUNCEMENT OF VACANCY ON COUNCIL Brian LaFerriere resigned from the Village Council on October 7, 2014. His term on Council expires November 15, 2016. The first announcement of the Council vacancy will take place tonight. The Village Charter Chapter 5, subsection 5.7(b) states “Vacancies in Councilmember offices shall, within sixty (60) days after such vacancy occurs be filled for the unexpired term of the Councilmember whose office has become vacant by appointment by a majority vote of the members of the Council then in office of a person possessing the qualifications for the office.” Traditionally, two announcements of the vacancy have taken place before an applicant is appointed. Mercer made the first announcement of a vacancy on Council. A second announcement will be made at the Monday, November 3, 2014 Council meeting. The application deadline will be Wednesday, November 12, 2014 at 4:30 p.m. Applications of interested persons will be delivered to Council with the packet on Friday, November 14, 2014. SECOND ANNOUNCEMENT OF VACANCY ON THE PARKS & RECREATION BOARD Mooney made the second announcement of a vacancy on the Parks and Recreation Board due to the resignation of Cindy Arvant. This is an active group with great people, and he urged interested individuals to apply for this position. Applications for this vacancy can be made online at the Village website or by visiting the Village office. The application deadline will be Wednesday, October 29, 2014 at 4:30 p.m. The term of this office expires on June 30, 2017. A Council subcommittee of Mooney as chair, Burry and Kelly will meet at 7:15 p.m. prior to the November 3, 2014 Council meeting to review applications and make a recommendation for appointment to Council. PUBLIC COMMENTS Bob Borgon of 32340 Drury Lane said that he was impressed with the way Council conducted business in the past few years. Borgon hoped that the newly elected council members will work together as well as the current council. He thanked Walter Briggs, Greg Burry and Tim Mercer for their dedication to the community. Neighborhood association president Steve Atkinson of 31669 Mayfair Lane was present representing the Beverly Woods Subdivision. He related that there is a residence in the neighborhood where the owner is trying to operate a group home. This has received the attention of the Village, and tickets have been issued. Atkinson referenced a decision by the State REGULAR COUNCIL MEETING MINUTES – OCTOBER 21, 2014 - PAGE 7 regarding group homes and the possible appeal of that decision. He is present on behalf of the homeowners association to encourage the Village Council to pursue this issue with due diligence at the local level. In response to an inquiry, Mooney stated that Council cannot comment on legal developments related to this matter. REPORTS – MANAGER Manager Wilson commented that Village Administration and Council are well aware of the situation in Beverly Woods Subdivision and will continue to act on the residents’ behalf concerning this activity. Leaf Collection – Leaf collection commenced yesterday, Monday, October 20. Their were some glitches with the contractor’s equipment on the first day; better progress was made today. Village Administration is working with the contractor, Brilar. It was indicated that residents can still bag their leaves and put them at the curb for collection with their weekly trash. Master Plan Update – The Planning Commission and LSL Planning will be hosting an open house at the Village Hall on Monday, October 27 from 4 p.m. to 7 p.m. to talk about the Village Master Plan update. The idea is to receive public input early in the process. Interested parties are encouraged to drop in at any time; there will multiple presentations and displays. Village Hall Repairs – The skylight in the lobby of the Village Hall has been removed, and the ceiling was repaired. Lighting in the lobby has been improved. Contractors are replacing the entrance doors this week, which will be ADA compliant. Wildlife Issues – Village Administration has received complaints regarding deer that have been eating the flowers and vegetation around homes. Residents have tried multiple methods to repel the deer but have not been successful. Wilson has reviewed policy alternatives that have been suggested. Hunting is illegal in the Village. There are people who provide food for deer in the winter, which may be increasing the population. Communities have attempted to address this problem by adopting an ordinance prohibiting the feeding of wildlife. Village Administration will pursue this matter at Council’s direction. Wilson urged residents to watch for deer running into the roads in the coming weeks. Joint and Crack Sealing – The annual joint and crack sealing program has begun. Crews will be out on Village streets for the next few weeks repairing and sealing cracks on Village roads. Questions from Council members on the Manager’s Report were addressed by Wilson. REPORTS - COUNCIL Burry thanked Council for approving the funding request from the Birmingham Area Seniors Coordinating Council. Mooney commented that Bill Kondak has been elected as the new chair of the Parks and Recreation Board and Janice Hausman as the vice-chair. REGULAR COUNCIL MEETING MINUTES – OCTOBER 21, 2014 - PAGE 8 Mooney invited everyone to the Halloween Hoot in Beverly Park on Sunday, October 26. This will be the 19th Annual Halloween Hoot organized by resident Pat Greening. Mooney highlighted the schedule for the day’s activities and indicated that there is a need for volunteers to top and gut pumpkins in the morning. Kids are invited to carve pumpkins from noon until 2 pm. Trick-or-Treating will begin at 6 pm until 8 pm. Eighteen neighborhood associations and community groups are participating in setting up stations along the park path. There will be snacks and entertainment in the park pavilion. Briggs reported on the Baldwin Library Board meeting held yesterday, October 20. Because the millage vote for a library addition was not approved by the electorate, the Director and building committee have been working on plans to address some of the immediate building maintenance needs. Over the next year, a plan will be developed for a smaller scale renovation of the library in order to create additional room for books, study space, and community meeting areas. The Library Youth Services Director has announced that the library is adding a substantial number of games and toys geared towards special needs children. The library currently has a large number of games and educational toys available to youth for checkout. Briggs was not present at the last Council meeting. He thanked Brian LaFerriere for his service on Council. Mercer thanked everyone in attendance at the Council meeting and those who made presentations. Motion by Mooney, second by Oen, to adjourn the meeting at 9:28 p.m. Motion passed. Tim Mercer Council President Ellen E. Marshall Village Clerk Susan Bernard Recording Secretary THESE MINUTES ARE NOT OFFICIAL. THEY HAVE NOT BEEN APPROVED BY THE VILLAGE COUNCIL. MEMO To: Chris Wilson, Village Manager Members of Village Council From: Ellen Marshall, Assistant Manager Re: Groves High School Orchestra Fun Run Date: October 23, 2014 The Groves High School Orchestra presented a proposal at the October Parks & Recreation Board meeting to hold a 5K Run to raise money for students to attend orchestra camp in the fall. They are requesting to begin and end the event at Beverly Park on Sunday, May 17, 2015. Registration will begin at 8:00 am in the Park and the Run would take place between 9:00 and 10:00 a.m. along Village streets in the West Beverly subdivision. The route is a certified course in the West Beverly neighborhood and coordination will occur with the Public Safety Department. After the run, they wish to return to the pavilion at Beverly Park for food and entertainment along with the possibility of selling smoothies. They are aware that Council approval is required in order for sales to occur in the park. Members are also requesting that fees for renting the pavilion be waived for this event. Resolution Be it resolved that the Beverly Hills Village Council approves the request of the Groves High School Orchestra to hold a 5K Run on Sunday, May 17, 2015. This event will begin and end at the Beverly Park pavilion and they will utilize Village streets and sidewalks for the run. Fees for use of the pavilion will be waived for this event as well as the restriction on sales. A certificate of insurance naming the Village of Beverly Hills as an additional insured will be provided upon approval of the run. Attachment September 30, 2014 Village Council Members Village of Beverly Hills 18500 W. 13 Mile Road Beverly Hills, MI 48025 Dear Village Council Members, Groves Orchestra students and parents would like to propose that we hold our 3rd annual Forte 5K Run and Walk at Beverly Park on Sunday, May 17, 2015 to benefit the Groves Orchestra. Groves High School has over 100 students in three orchestras: Concert, Symphony and Electronic String Ensemble. The Groves Orchestras, led by Mr. Paul Shawver, have received the highest ratings possible at both district and state level competitions year after year. Our orchestras have performed at venues both nationally and internationally including New York, Chicago, Boston, Toronto, Salzburg, Munich, Vienna, Florence and Rome. Several students have gone on to pursue a career in music education, performance and music therapy. Last year’s run was a huge success! We had 102 race participants which included: Groves teachers, orchestra members and their families and members of the community. We hope to significantly increase the number of walkers and runners in 2015!!! Orchestra students and parents held various volunteer positions, including set up, clean up and course marshaling. After the race, members left the park looking in tip top shape. You can trust that this will always be the case as we all take pride in this great community. Money raised from this event all goes to the Groves Orchestra program, 100%. Last year, it was used to defray costs of a Fall Orchestra Camp at Camp Copneconic in Fenton. At this camp, students have clinics with DSO musicians and end with a final performance. It is such an incredible experience for the students. As all the money raised will go to such a great cause we are hoping that you may consider waiving the pavilion cost. Though we are flexible, we are hoping to hold the event from 7:30 am-11:30am. We plan to start check in and registration at 8:00am and the race will begin at 9:00am, through the USATF 5K certified course in West Beverly Hills. The race will start and end at Beverly Park, with 2 water stations on the course and refreshments like bagels and water under the pavilion at the end of the race. Maui Wowi may be back to sell smoothies to racers in the pavilion. A few students will play their string instruments along the route. Sponsors will set up tables around the pavilion. Last year, our sponsors included Tyler , Dumas and Reyes, Mally ACT, McCourts Music, and Accelerated Rehab Physical Therapy. This year, we hope to add a few more. We would like to present our proposal at the next Parks and Recreation meeting. Two of our orchestra members will be able to attend the meeting. Thank you again for considering our proposal. We enjoy taking an active role in helping our great orchestras and look forward to meeting with you in October. If any of you would like to run/walk in the event, we’d be honored with your presence! Sincerely, Barb Seidel, Laurent Gillard, Berta Rathbun, and Janalee Sehi Groves Symphony Orchestra Forte 5K Organizers VILLAGE OF BEVERLY HILLS ORDINANCE NO. 353 AN ORDINANCE TO AMEND CHAPTER 22 SECTION 22.09, ZONING ORDINANCE - SITE DEVELOPMENT REQUIREMENTS, VILLAGE MUNICIPAL CODE, The Village of Beverly Hills Ordains: Section 1.01. Chapter 22, Section 22.090.080 Maintenance Agreements be added to read as follows: Chapter 22, Section 22.090.080 MAINTENANCE AGREEMENTS A maintenance agreement shall be required for all vegetative and structural best management practices (BMPs) to be constructed on site. Section 2.01. SEVERABILITY. If any section, clause or provision of this Ordinance shall be declared to be inconsistent with the Constitution and laws of the State of Michigan and voided by any court of competent jurisdiction, said section, clause or provision declared to be unconstitutional and void shall thereby cease to be a part of this Ordinance, but the remainder of this Ordinance shall stand and be in full force. Section 3.01. SAVING CLAUSE. All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect are saved and may be consummated according to the law when they were commenced. Section 4.01. REPEALER. Any Ordinance conflicting with this Ordinance be and the same is hereby repealed. Section 5.01. EFFECTIVE DATE. A public hearing having been held by the Planning Commission on September 24, 2014, and the Village Council on November 3, 2014. The provision of this Ordinance shall take effect 20 days following its publication in The Eccentric, a newspaper circulated within said Village. Made and passed by the Village Council of the Village of Beverly Hills this 3rd day of November, 2014. ____________________________________ TIM MERCER, Village President ____________________________________ ELLEN E. MARSHALL, Village Clerk Second reading 11/3/2014 MEMO To: Council members Mooney, Burry and Kelly Village Manager Wilson From: Ellen Marshall Re: Parks & Recreation Board Vacancy Date: October 30, 2014 This memo is to remind you that you have been appointed as the committee to make a recommendation to fill a vacancy on the Parks & Recreation Board. The expiration of this term is June 30, 2017. We have received one application. Your committee will be meeting in the Council Chamber at 7:15 p.m. on Monday, November 3, 2014 prior to the Council meeting. eem STORMWATER OPERATION AND MAINTENANCE AGREEMENT This Stormwater Operation and Maintenance Agreement (the “Agreement”) is executed this ___ day of _________, 20____, between the Village of Beverly Hills, whose address is 18500 West 13 Mile Road, Michigan 48025 (the “Village”) and __________________, whose address is ______________________________ (the “Developer”). RECITALS A. The Developer is the owner of real property located in the Village the street address of which is _______________, which is legally described on attached Exhibit A and incorporated by reference herein (the “Property”) (P.P. No. ________________- The Property comprises approximately _____ acres of land. B. The Property is zoned ___________. The Developer has sought approval from the Village to improve the property by {constructing? subdividing? other?} and to install {public utilities?, access drives? etc?} as part of the Project. C. The Village has reviewed the proposed construction plan, and, during the Village of Beverly Hills’s consideration of the Project, areas of concern were identified including the potential for soil erosion, stormwater drainage and stormwater retention. D. Chapter 22 of the Village’s Zoning Ordinance mandates that before a project for _____- zoned property can be approved to permit development, the Village must find that it complies with certain identified criteria. E. Section 22.090.080 of the Village’s Zoning Ordinance requires that a developer seeking Village of Beverly Hills’ approval must provide the Village with an operation and maintenance agreement ensuring the reasonable long-term maintenance of all vegetative and structural controls constructed in accordance with a development project. F. The Village has reviewed the proposed site plan. G. The Village's Engineer has indicated that the stormwater drainage facilities and systems, as detailed in the plans prepared by ___________________ and dated ______________, 20___ are adequate, provided that the Developer executes an agreement for the ongoing maintenance of the referenced stormwater drainage facilities as described and detailed in plans or easements prepared by ________________ and dated ________________, 20___ which plans or drainage easements are attached hereto and incorporated by reference. H. Following its hearing and review, the Villageof Beverly Hills conditionally approved the ______________ for the Project on _______________ 20__. I. The Developer acknowledges and agrees that the Village relied upon the Developer’s representations and pledges made during the review process in determining to approve the ______________________ dated __________, 20___. To memorialize their understanding, the parties have determined to execute this Agreement. 1 AGREEMENT For good and valuable consideration including, but not limited to, the covenants and pledges contained herein and the Village’s willingness to forego the posting of performance guarantees to ensure construction and maintenance of the improvements described, the sufficiency of which is acknowledged, the parties agree as follows: Section 1. Compliance with Laws, Ordinances, Permits. Developer agrees to construct, install, and operate the Project in accordance with approvals received from the Village and other governmental entities with applicable jurisdiction. In constructing the Project, Developer agrees to comply with all state and local laws, ordinances, and regulations as well as the terms of this Agreement. Section 2. Compliance with Village Approvals. Without limiting the provisions of Section 1, the Developer agrees to construct and operate the Project in accordance with the terms and conditions adopted by the Village of Beverly Hills for development of ____________________________, as well as the terms and conditions of this Agreement and its Exhibits. Section 3. Alterations or changes. No alterations or changes to the stormwater systems, as defined in this Agreement, shall be permitted unless they are approved, in writing, by the Village, and any such approved changes will be deemed to comply with this Maintenance Agreement. Section 4. Easements to be secured and recorded. The Developer, at its expense, shall secure from any affected owners of land all easements and releases of rights-of-way necessary for utilization of the stormwater systems, as defined in this Agreement, and shall record them with the Oakland County Register of Deeds. These easements and releases of rights-of-way will not be altered, amended, vacated, released or abandoned without prior written approval of the Village. Shrubs, trees or permanent structures shall not be located within the easements utilized by the Developer without the prior written approval of the Village. Section 5. Operation and Maintenance of Stormwater System. As used in this Section, “stormwater system” shall mean all stormwater systems, catch basins, storage structures, drains, leaching basins, ponds, pipes and appurtenances located on the Property including, but not limited to, all pollution-control devices utilized as part of the stormwater system, as detailed in the plans prepared by ___________________ and dated ________, 20___. As used herein, “maintain” or “maintenance” shall mean inspecting, cleaning out, mowing, repairing, and removing accumulated sediment, leaves, weeds, debris, and obstructions from all ponds, leach basins, pollution-control devices, or similar appurtenances of the stormwater system such that failure to maintain is likely to result in impeding the functioning of the stormwater system. A. Operation of Stormwater System. The Developer shall at all times operate the stormwater system in a manner consistent with generally accepted stormwater management practices. B. Maintenance of Stormwater System. Not less than annually, the Developer shall maintain the stormwater system located on the Property. In the event that stormwater facilities maintenance is not conducted, the Village's Public Services Director shall -2- notify the Developer, specifying the necessary maintenance. Within thirty (30) days of the notice, the Developer shall perform the specified maintenance at his expense. Within thirty-six (36) hours of notice, the Developer shall perform any specified emergency maintenance as may be required in the Village's notice. C. Failure to Maintain. In the event the Developer does not operate and maintain the stormwater system as required under the terms of this Agreement, the Village shall be entitled, and is hereby expressly authorized by the Developer, to take one or more of the following actions (or any combination of the same): (1) The Village or its agent may go onto the Property and maintain the stormwater system. Not less than ten (10) days before taking such action, the Village shall provide to the Developer and any other owners (as shown on the latest Village tax assessment roll), by first-class mail, notice of its intention. The Developer hereby grants to the Village and its agents a non-revocable license to go onto the Property to carry out the provisions of this subsection. The Village will invoice the cost of the specified maintenance, and the Developer shall pay the amount of the invoice within thirty (30) days of the Village's mailing the invoice by first class mail. If the Developer shall fail to pay the amount of the invoice, all costs, fees, or expenses incurred by the Village in maintaining the stormwater system pursuant to this subsection may be, without further notice, assessed as a lien on the Property, to be collected in the same manner as advalorem property taxes. (2) Require the Developer to provide a letter of credit in an amount sufficient to ensure maintenance of the stormwater system, in a form satisfactory to the Village. The Developer shall provide the requested letter of credit within fifteen (15) business days of receiving such a request from the Village. The letter of credit shall provide that the payment to the Village shall be assured upon submission by the Village of notice that the Developer has not maintained the stormwater system as required by this Agreement. Section 6. Violation of Agreement. The parties acknowledge that monetary damages for a breach of this Agreement would be inadequate to compensate the parties for the benefit of their bargain. Accordingly, the parties expressly agree that in the event of a violation of this Agreement, the non-breaching party shall be entitled to receive specific performance. Nothing herein shall be deemed a waiver of the Village’s rights to seek enforcement of this Agreement or zoning approvals previously granted, to the extent otherwise authorized by law. A violation of the terms and conditions of this Agreement by the Developer or its successors subsequent to the completion of the Project shall entitle the Village, in the event of litigation to enforce this Agreement, to receive its reasonable attorney and consulting fees incurred. Section 7. Recording. The obligations under this Agreement are covenants that run with the land, and bind successors in title of the Developer. It is the parties’ intent that this Agreement shall be recorded with the Oakland County Register of Deeds. The Developer shall be responsible for all costs associated with the recording of the Agreement. Section 8. Miscellaneous. A. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the enforceability or validity of the remaining provisions and this -3- Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. B. Notices. All notices permitted or required to be given shall be in writing and sent either by mail or by personal delivery to the address first above given. C. Waiver. No failure or delay on the part of any party in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege under this Agreement preclude further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law. D. Governing Law. This Agreement is being executed and delivered and is intended to be performed in the State of Michigan and shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws thereof. E. Amendment. This Agreement may only be amended in writing, signed by all parties. The parties have executed this Agreement on the day and year first above written. WITNESSES: VILLAGE OF BEVERLY HILLS * By: Its: * *Please print name STATE OF MICHIGAN COUNTY OF OAKLAND ) ) ss. ) On this ______ day of _________, 20___, before me a Notary Public, personally appeared ______________________________, the _________________________ of Beverly Hills, who, being first duly sworn, did say they signed this document on behalf of the Village. * Notary Public, Oakland County, Michigan My Commission Expires: -4- WITNESSES: (DEVELOPER) * By: Its: * STATE OF MICHIGAN COUNTY OF OAKLAND ) ) ss. ) On this ______ day of _________, 20___, before me a Notary Public, personally appeared ____________________________, the ____________________________ of ________________, who, being first duly sworn, did say he signed this document on behalf of said _____________. * Notary Public, __________ County, Michigan My Commission Expires: PREPARED BY: ____________________________ _____________________________ _____________________________ RETURN TO: Village of Beverly Hills Attention: Public Services Director 18500 West 13 Mile Road Beverly Hills, MI 48025 *Please print name -5- EXHIBIT A LEGAL DESCRIPTION T1N, R10E, SEC 3 PART OF NW FRC 1/4 BEG AT PT DIST S 03-14-15 E 450.85 FT FROM NW SEC COR, TH S 89-24-00 E 148.08 FT, TH S 03-14-15 E 10 FT, TH S 89-24-00 E 70 FT, TH N 03-14-15 W 10 FT, TH S 89-24-00 E 389.19 FT, TH S 02-57-15 E 149.95 FT, TH N 8924-00 W 606.53 FT, TH N 03-14-15 W 150 FT TO BEG 2.09 A AND T1N, R10E, SEC 3 S 150 FT OF N 750.85 FT OF W 36 ACRES OF NW FRC 1/4 2.08 A Copy of Plans Attached Copy of Declaration of Easements, Covenants, Conditions, Reservations, and Restrictions for Crimson Crossing as found in Liber 47017, Page 462 -6- MEMO To: Chris Wilson, Village Manager Members of Village Council From: Ellen E. Marshall, Assistant Manager/Clerk Re: Council Vacancy Date: November 3, 2014 Brian LaFerriere resigned from the Village Council on October 7, 2014. His term on Council expires November 15, 2016. The first announcement of the Council vacancy will take place tonight, October 21, 2014. The Village Charter Chapter 5, subsection 5.7(b) states “Vacancies in Councilmember offices shall, within sixty (60) days after such vacancy occurs be filled for the unexpired term of the Councilmember whose office has become vacant by appointment by a majority vote of the members of the Council then in office of a person possessing the qualifications for the office.” Traditionally, two announcements of the vacancy have taken place before an applicant is appointed. One of the more recent Council vacancies was handled as follows: Council made first and second announcements of the vacancy. Council met at 6:30 prior to a regular Council meeting, at which time candidates were invited to attend. Council selected a candidate, voted and the new member was sworn in at the beginning of the regular meeting that same evening by Judge Richards. First announcement: Second announcement: Tuesday, October 21, 2014 Monday, November 3, 2014 Application deadline: Wednesday, November 12, 2014 at 4:30 p.m. Term expires: November 15, 2016 Applications of interested persons will be delivered to Council with the packet on Friday, November 14, 2014. MEMO To: Chris Wilson, Village Manager Village Council From: Ellen Marshall Re: 2015 Community Development Block Grant Date: November 3, 2014 Part of the requirements for receiving Community Development Block Grant funding is to hold a public hearing to review next year’s CDBG proposal. Therefore, I recommend scheduling a public hearing date of December 2, 2014 for review of the 2015 Community Development Block Grant proposal. This procedure takes place each year in preparation of receiving this federal funding. Memorandum To: Honorable President Mercer; Village Council CC: From: Chris D. Wilson, Village Manager Date: 10/31/2014 Re: Conditional Rezoning Request 19600 W. 13 Mile At the Planning Commission meeting of October 22nd, the Planning Commission recommended approval of a conditional rezoning request for the parcel at 19600 W. 13 Mile from R-1 to R-3. A conditional rezoning differs from a traditional rezoning in that the area is rezoned with conditions, or restrictions, on the type of development than can occur. Per the Zoning Enabling Act, the conditions have to be volunteered by the petitioner; they are not subject to negotiation between the petitioner and the municipality. The potential developer has submitted a list of conditions for the rezoning. One of the conditions is that the site will be developed under the Village’s cluster option. A further condition for the rezoning is development based upon a preliminary site plan, a copy of which is attached. The developer has a very thorough presentation of the market conditions and conditions of the surrounding area to support his application. He also presented information on the style, type, size and price point of the proposed homes. Approval of the conditional rezoning request will require approval of a Zoning Agreement between the Village and the developer. Mr. Ryan is working on a Zoning Agreement based upon the conditions that have been provided. It will be necessary for the Village Council to hold a Public Hearing on this conditional rezoning request. It is my recommendation that Council schedule a Public Hearing to take comments on this matter at the regular Council meeting of December 2nd. 1 MEMO To: Chris Wilson, Village Manager Members of Village Council From: Ellen Marshall, Assistant Manager Re: Hubbell, Roth & Clark Invoices Date: October 23, 2014 Attached are nine invoices from Hubbell, Roth & Clark for professional engineering services for the period ending September 20, 2014. Invoice #0132218 2014 Joint and Crack Sealing Program Invoice #0132215 SAW Grant Study Invoice #0132214 Willet Property Mentag Development Invoice #0132213 Metamora Road Reconstruction Invoice #0132210 General Engineering Services Invoice #0132204 MS4 Permit Assistance Invoice #0132211 2014 Beverly Hills Bridge Inspections Invoice #0132208 ADA Compliance Review Study Invoice #0132217 Crimson Crossing Sanitary Sewer Extension Total Invoices $1,261.40 $12,371.02 $1,025.25 $5,353.93 $660.24 $1,825.30 $3,279.33 $94.38 $4,275.21 $30,146.06 Resolution Be it resolved that the Village of Beverly Hills Council approve the invoices submitted by Hubbell, Roth & Clark Inc. for professional services in the amount of $30,146.06 through September 20, 2014. Village of Beverly Hills Municipal Building Regular Council Meeting Monday, November 3, 2014 18500 W. 13 Mile Road 7:30 p.m. INFORMATION ITEMS a. Beverly Hills Public Safety Activity Report for period of October 16 through 29, 2014. b. Beverly Hills Public Safety Fire Prevention Bureau bi-weekly report for October 13 through 26, 2014. c. Minutes of regular Cable Board meeting held October 15, 2014 (unapproved). d. Minutes of regular Parks & Recreation Board meeting held October 16, 2014 (unapproved). e. Updated Parks & Recreation Board and Birmingham Area Cable Board rosters (Council only). Beverly Hills Public Safety Activity Report October 16 - 29, 2014 1 The Beverly Hills Public Safety Department was called to a suicide where the subject ingested thirty prescription pills. The Officer arrived at the scene and the subject was given medical aid then the subject was transported to Beaumont Hospital. Officers also confiscated marijuana and other narcotic prescription drugs. The Beverly Hills Public Safety Department investigated another hospice death at Cambridge Nursing Home. The Beverly Hills Public Safety Department investigated a vehicle that was taken without permission on Rutland. The vehicle was recovered by the Michigan State Police after it was involved in an accident. The subject was a friend of the owner. Charges are pending at this time. The Beverly Hills Public Safety Office investigated a breaking and entering which occurred on Beverly Road. Subject(s) went in to the back of the house and broke out the window then gained access to the house. Neighbors were home outside all day and did not observe any vehicles or suspicious persons in the area. Officers are working on surveillance tapes and other evidence at this time. If you do see a suspicious vehicle, please call the Beverly Hills Public Safety Department anytime, 248 540 3400. The Beverly Hills Public Safety Department was on patrol at 13 Mile and Greenfield. Officers stopped a car for an equipment violation arrested the driver for driving while license suspended (2). The Beverly Hills Public Safety Department was on patrol at Huntley Square apartments and stopped a driver for an equipment violation. The driver was arrested for driving while license suspended (2), expired drivers license and no insurance. Officers were called to a domestic disturbance on 13 Mile Road. The Officers arrested the subject and brought him back to the station for processing without incident. Officers were called to Sterling Heights to pick up a subject wanted for criminal misdemeanor charges from (Beverly Hills) 46th District Court. Subject was arrested and transported back to the station without incident Subject was then taken to the 46th District court for arraignment the following day. Officers received CPR training through Alliance Ambulance Service. The Beverly Hills Public Safety Department was called to Birwood Street and the unoccupied home was broken into and nothing was taken. Detectives are interviewing the owner and workers. Officers were called to a welfare check on Hillcrest. Officers were called to a solicitor complaint on 13 Mile. Officers were called to 46th District Court to transport prisoners to and from the police department. 2 Beverly Hills Public Safety Officers were called to Huntley Square for medical assistance. Beverly Hills Public Safety Officers were called to Berkshire Middle School because someone heard a woman screaming. Officers arrived and no one could be located. Beverly Hills Public Safety Officers were called to a medical on Riverside. Beverly Hills Public Safety Officers responded to a sick call on Ronsdale. The Fire Marshal inspection report (PSO Robert Ginther) will be included in the weekly activity report. Officers were called to a home on Sheridan where the garage door was left open and someone stole a bike. Officers were called to an alarm at the Pines. Officers responded to a sick call on 14 Mile. Officers responded to a citizens assist on Buckingham. Officers responded to a sick call on Plantation. Officers responded to a car/deer accident at Lahser and Hilltop. Officers responded to an intrusion alarm on Lahser. Officers were on patrol and stopped a vehicle for no brake lights. The license plate was expired and he had expired insurance. The plate was confiscated, the vehicle was towed and he was issued citations for the violations. Officers were called to an alarm on Crossbow. Officers responded to a solicitor on Fiddlers Cove. Officers responded to family trouble on Wetherby. Officers were called to a citizen assist on Glenhill Court. Officers responded to a call for sick care on Chelton. Officers responded to an animal call on W. Valley Woods. Officers were called to Gould Court for harassing phone call. Officers were dispatched to family trouble on 13 Mile and Evergreen. Officers were dispatched to a 14 Mile and Southfield for a gas spill. Officers were called to an alarm on Camelot. Officers responded to an accident on Southfield which turned into a hit and run. Detective Bureau is following up. Officers were called to a sick call on Plantation and Long Bow Ct. Officers were called to Groves High School to stand by for disorderly parents. Officers were called to a noise complaint on Chelton. Officers responded to an alarm on Chelton. Officers were called to a welfare check on Buckingham. Officers responded to assist a citizen on Pierce. Officers responded to a larceny at the Berkshire Middle School. The iPhone was found and returned once the Detective interviewed a subject. Officers responded to a private property accident at Beverly Hills Club. Officers were called to a sick call on Embassy. Officers responded to a dog running loose on 13 Mile. Officers responded to a car assist on Southfield. Officers responded to a medical alarm on Buckingham. Officers were called to Allen-a-dale for a larceny in a building. Officers responded to a suspicious person on Birwood. Officers were called to a property damage accident at 13 Mile and Greenfield. Officers responded to an alarm on Woodhaven. Officers were called to another alarm on Nottingham. Officers responded to a peace officer call on Marimoor. Officers were called to a sick call on Beechwood. Officers responded to a group of juveniles fighting at 13 Mile and Greenfield. Officers were called to Kirkshire where someone attempted to break into a car by pulling the window down. The window broke and the suspect was cut and fled. Detectives are pulling evidence from the scene at this time. Officers were called to a welfare check on Leemoor. Officers responded to an alarm on Westlady. Detective activity and School Liaison 3 Followed up on larceny. Followed up on PPO complaint. Followed up on embezzlement. Prepared documents for circuit court with property. Followed up with LARA Michigan complaint. Followed up with larceny. Followed up on and closed recovered stolen vehicles. Obtained warrant for TJ Maxx embezzlement and Defendant arraigned. Obtained warrant for OWI High BAC case. Obtained warrant for Domestic Assault case. Closed out Criminal Sexual Conduct case unfounded. Closed out three Fraud ID cases. Closed out Ethnic Intimidation case, no further leads. Picked up defendant from 46th District court. Arraigned subjects at court. Closed out two larcenies due to lack of investigative leads. Met with Assistant Prosecutor over upcoming trials. Closed out Child Protective Services complaint. Traffic conference. Oak Video meeting and training. Outfitted DB cars with medical equipment. Assisted road patrol with two different football games at Groves. School Security. Three prisoner transports. Recorded calls for service listed 4 235 Service calls. 70 citations were issued. Aggravated Stalking. Felony arrest. Arrests made 5. Unarmed robbery. Strong armed robbery. Possession of cocaine/narcotic 1. Violation of parole/probation. Domestic disturbance 1. Personal Protection Order arrest (PPO). Assault. Drunk driving. Leaving the scene of an accident arrest. Operating while in the presence of drugs. Threats complaint. Damage to private property. House party. Fleeing or eluding police. Extradition felony warrant. Trespassing. License/title/registration 1. Driving while license suspended 2. No operator's license acquired. Retail fraud arrest. Arrest Warrants 1. UDAA (stolen car) attempt (recovered) 2. Civil Friend of Court. Intimidation complaint. Reported home/business invasion 1. Concealed pistol permit violation. Minor in possession. Entering School without permission. Larceny from a vehicle/building/other 3. Larceny from person. Obstruct police. Uttering and Publishing bad check. Embezzlement. Retail fraud, theft 3rd degree. 5 Retail Fraud. Computer crime. Marijuana arrest 1. Repo (assist) vehicle. Called for K-9 dog. Harassing communications. Malicious destruction of private property 1. Family trouble 1. Juvenile malicious mischief/recovered. Reckless driving. Public peace 2. Carrying weapon in prohibited zone. Misdemeanor traffic 1. Disturbing the peace. Personal injury traffic crash/death 1. Death investigation. Property damage traffic crash 9. Private property traffic crash 1. Private/Public property hit and run 1. Sudden death 1. Accidental property damage 2. Attempt suicide 1. Medical alarm 1. Sick care for medical 11. Mental. Occupational injury. Fraud. I.D. theft 1. Found property. Lost property. Missing person/found. Hospice death 1. Welfare check 4. Customer trouble. Liquor inspection. Neighborhood trouble. Employee trouble. Confiscated property. Open building. Suspicious circumstances 15. Suspicious vehicles 10. Telephone harassment. Suspicious persons 4. Intelligence information 2. 6 Assist other law enforcement agency 3. Assist medical. Assist motorist 3. Assist other govt agency 1. Assist citizen 5. Sex offender home verification check 1. Civil matter 1. Miscellaneous other 4. Traffic complaint road hazard 2. Traffic complaint abandoned auto/impound 1. Traffic complaint parking complaint 1. Traffic complaint commercial vehicle inspection. Traffic complaint miscellaneous 3. Animal complaint 3. Animal alive pickup. Barking dog 1. Animal bite. Burglary alarm/robbery alarms 16. Handicapped parking citation. Gun permit. Public relations 1. Operation Medicine Cabinet. Adopt a Senior. Loud party complaint. Fingerprint check. Housing other department prisoners. Housing prisoner 5. PBT test 15. Ordinance violation 1. 911 Hang up. Phone nuisance calls. Scene supervision. Traffic direction. Motor carrier traffic stop. Fire truck maintenance/Radio 1. Multiple dwelling fire. Fire dwelling single family. Miscellaneous outside fires. Fire alarm. Vehicle fire. Smoke investigation. Wires down. Fuel spill. Outside fires garbage dumpster. 7 Hazardous materials. Odor investigations. Carbon monoxide detector. Solicitor complaint 2. Natural gas leak. Fire inspection 1. Lift assist 4. Knox box1. Mutual aid to other department. Follow-up inspection. Radar enforcement 1. Crossing Guard. Parks and Recreation Area 2. Crime prevention extra patrol 67. Follow up/death message/criminal complaint. Service request Road Commission. Miscellaneous details. Prisoner transport 4. Police training/fire training 8. School Liaison activity 2. Selective enforcement. Beverly Hills Public Safety Department Fire Prevention Bureau 18600 West Thirteen Mile Road – Beverly Hills – MI – 48025 Phone: 248-540-3400 – Fax: 248-540-3437 Fire Prevention Bureau Bi-Weekly Report Week of: 10/13/2014 – 10/26/2014 Calls for Service: 20 – EMS/Rescue 1 – Injury Accident 21 – TOTAL FIRE/EMS RESPONSE Additional: CLEMIS – Co-Chaired the Fire Records Management System Focus Group meeting. OCMCA – Attended training for department representatives of the OCMCA Approved Continuing Education Sponsorship. CLEMIS – Attended Fire Governance Committee meeting (MABAS 3201 Representative) Continued to participate in coordination of upcoming South Oakland Public Safety MABAS training. BIRMINGHAM AREA CABLE BOARD MEETING MINUTES – OCTOBER 15, 2014 – PAGE 1 Present: Heldt, Kelly, McAlear, McLain - Birmingham Heyman, Schneider,Verdi-Hus – Beverly Hills Ettenson – Bingham Farms Stakhiv – Franklin Absent: Borgon– Beverly Hills Also Present: White - Executive Director Currier - Attorney for Cable Board Rota - Bloomfield Community Television Amanda Thomas – Birmingham staff Fred Eaton – Comcast representative Celeste Oberhausen & Ken Parson - WOW representatives McLain called the meeting to order at 7:47 a.m. in the Village of Beverly Hills municipal building at 18500 W. Thirteen Mile Road. APPROVE MINUTES OF CABLE BOARD MEETING HELD SEPTEMBER 17, 2014 Motion by Heldt, second by Schneider, that the minutes of a regular Cable Board meeting held on September 17, 2014 be approved as submitted. Motion passed. PUBLIC COMMENTS None ADOPTION OF RESOLUTION AUTHORIZING TRANSFER OF CONTROL FROM COMCAST TO NEWLY FORMED COMPANY Fred Eaton representing Comcast stated that the Attorney for the Cable Board has been provided with additional information regarding the particulars of the 394 transfer process and the new organization. Comcast systems in Michigan are going to come under the ownership of a new company, temporarily named Midwest Cable. This change is coming about as a result of Comcast’s pending acquisition of Time Warner Cable. Eaton said that nothing has been changed from previously distributed information, but the material provides more detail that was not available when the FCC Form 394 Application was sent out in June. In the following weeks, a great deal of activity has taken place in terms of establishing how relationships would operate with the new company during the transition from Comcast. Comcast will likely receive federal approval of the larger Time-Warner deal in January. Midwest Cable is the working name of the new company; GreatLand Connections will be the name of the post-transaction company in March or April. Eaton explained that, initially, the company will be owned by two-thirds Comcast shareholders and one-third by Charter Communications. Comcast Corporation going forward will have no management, ownership, or control over the new company. Cable Board Attorney Tim Currier questioned the status of the 30-day extension of the Transfer Agreement Resolution requested by the Cable Board at its September meeting. Eaton responded that he has received notification that the extension will be approved but did not have written documentation of that approval. BIRMINGHAM AREA CABLE BOARD MEETING MINUTES – OCTOBER 15, 2014 – PAGE 2 Currier outlined the background and current status of the Transfer of Control process from the perspective of the Birmingham Area Cable Board. On June 18, 2014, the Cable Board received FCC Form 394, which is the Application for a Franchise Authority Consent Transfer of Control of the Cable Television Franchise. Written inquiries on behalf of the Cable Board were sent to Comcast on July 11; a response from Comcast was received on July 24 providing more detail on the transaction. Fred Eaton from Comcast has had communication by phone with Tim Currier regarding the transaction. Prior to Cable Board action on the Resolution Granting Consent to the Transfer Control of the Cable Television System at its September 15, 2014 meeting, Leslie Brogan from Comcast sent a proposed red-lined resolution to Currier, which was a counter proposal to the Resolution prepared by the Board’s legal counsel. Brogan attended the September 17 Cable Board meeting at which time she and the Board agreed to a 30-day extension to November 17 for the BACB to act on the 394 Application. The Cable Board, through its attorney, responded to Ms. Brogan’s proposed resolution with a revised resolution. On October 6, Currier contacted Ms. Brogan and Mr. Eaton regarding media reports of a change in the transaction details and requested a further extension at that time. On October 9, Currier had a telephone conference with Mr. Eaton and was informed that a supplemental filing of the transaction (Form S-1) would be made with the Securities and Exchange Commission (SEC) on October 31, 2014. At that time, Currier made a request on behalf of the Cable Board for an additional month in order to allow the Board and the local communities it represents to review the final executed agreements as well as the SEC Form S-1 filing. On October 13, Mr. Eaton provided Currier with supplemental information that was provided to Meridian Township in response to their inquiries. Currier discussed timing. A franchise authority has 120 days in which to act on the receipt of a Form 394 transaction unless there is an extension. Possible actions include consent of the Transfer; disapprove the Application; and consent subject to reasonable conditions. If a municipality fails to take action, the Transfer of Control is automatically approved. As it stands now, the Board does not have the SEC S-1 Filing in hand to determine the exact terms of the transaction; the document will be filed at the end of the month. The next BACB meeting is November 19, two days after the expiration of the current deadline. Following its recommendation regarding the Transfer Resolution to its member communities, the Cable Board must transmit that recommendation to the municipalities and request action at their next Commission or Council meetings. It would be midDecember before the member communities could act on the Transfer of Control resolution. This is the reason for the Board requesting an additional extension. It was Currier’s recommendation that the Board set a special meeting for Wednesday, October 29 to consider the Transfer of Control resolution. That meeting could be canceled if the BACB received a formal extension of the deadline for action on the final executed agreements and the SEC Form S-1 filing. Motion by Heldt, second by Ettenson, that the Birmingham Area Cable Board postpone action on the Resolution Authorizing Transfer of Control from Comcast to a newly formed company and schedule a special meeting for Wednesday, October 29, depending on whether a formal extension period is granted. Further, the chairperson is authorized to adjust the special meeting date and time based on the availability of Board members or to cancel the meeting if necessary. BIRMINGHAM AREA CABLE BOARD MEETING MINUTES – OCTOBER 15, 2014 – PAGE 3 Questions and comments from Board members were addressed by Tim Currier. Roll Call Vote: Motion passed (9 – 0). COMMITTEE REPORTS Cable Action Committee White reported that committee members present at the last meeting reviewed the website and noted areas that needed updating or adjustments. There was also discussion of whether members’ personal email addresses should be posted on the BACB website. McLain clarified that messages sent to the current email address posted on the website are answered by Executive Director Cathy White ([email protected]). There were members who did not want their personal or business email addresses posted on the BACB website. The concern was that complaints may go to Board members rather than be routed to the Executive Director, who responds to problems and escalates them to the appropriate cable company personnel. There was agreement that an effort should be made to change the Board’s contact email address from ‘info’ to ‘executivedirector’. The next meeting of the Cable Action Committee will be Thursday, November 6 at 5:30 p.m. at the Baldwin Library. PEG COMMITTEE Heldt reported that the high school athletic broadcasts authorized by the Board are continuing. The PEG Committee will meet following today’s Board meeting. Treasurer’s Report Heldt discussed the MBS brokerage account statement distributed to Board members. The funds as of August 31, 2014 total $832,154.41. EXECUTIVE DIRECTOR’S REPORT Executive Director White’s report outlined several complaints from last month that were resolved. She will follow up on one billing issue. Five new complaints were received since September with resolution pending on two issues. All matters relating to outages have been addressed. Financial information including budget to actual figures as well as account balances for MBS, BBCU and Beverly Hills accounts were provided in this month’s material. Checks were written for grants approved by the Board and for sports programming taped by BCTV. White requested Board authorization to pay a bill from Stream Dynamics for work performed for BCTV. Motion by Heldt, second by Ettenson, that the Birmingham Area Cable Board authorize payment to Stream Dynamics in the amount of $370.00 for work performed for BCTV based on an invoice dated October 3, 2014. Roll Call Vote: Motion passed (9 – 0). Updated rosters have been provided in this month’s meeting materials. Lists of BACB meeting dates and Cable Action Committee meeting dates for 2015 have been provided to the Board. BIRMINGHAM AREA CABLE BOARD MEETING MINUTES – OCTOBER 15, 2014 – PAGE 4 PROVIDER RELATED TOPICS Comcast Fred Eaton mentioned that Comcast has partnered with an organization called the TDF Foundation whose purpose is to help with the digital divide. Comcast is hosting a program in Ypsilanti Township this evening whereby 25 computers will be provided to Internet Essentials families in the area who cannot afford computers. Eaton talked about Infinity Home, a home security and home management system offered by Comcast. AT&T There was no representative in attendance. WOW Celeste Oberhausen from WOW announced a rate increase on November 1 of this year. She introduced the new customer advocate for WOW, Ken Parson. BAPA/BAMA REPORT Steve Rota highlighted programming outlined in the written report from Bloomfield Community Television on programming taped for Municipal Channel 15 (BAMA), PA Channel 18 (BAPA), and programming from BACB area organizations during the last month (information included in BCTV monthly report for September 18, 2014 through October 15, 2014). The next camera workshop is scheduled for Tuesday, October 22 from 10 am to noon or 6:30 pm to 8:30 pm. Call 248-433-7790 to sign up. McLain heard from a subscriber who said that sound adjustments vary with the program when listening to BAPA/BAMA channels on U-verse or AT&T. Rota responded that BCTV staff will work on adjusting this on their end. OLD BUSINESS McLain said that she hand delivered a Certificate of Appreciation from the Cable Board to former member Dorothy Pfeifer. NEW BUSINESS None PUBLIC COMMENTS None BOARD COMMENTS McLain mentioned that David Lurie resigned from the Board last month; he will receive a Certificate of Appreciation signed by Board members. The meeting was adjourned at 8:48 a.m. PARKS & RECREATION BOARD MEETING MINUTES – OCTOBER 16, 2014 – PAGE 1 Present: Chairperson Kondak; Vice-Chairperson Hausman; Members: Davis, Greening, Ruprich and Schmitt Absent: None Also Present: Assistant Manager/Clerk, Marshall Council Liaison, Mooney Vice-Chairperson Kondak called the meeting to order at 7:30 p.m. in the Village municipal building at 18500 W. Thirteen Mile Road. APPROVE MINUTES OF REGULAR PARKS & RECREATION BOARD MEETING HELD SEPTEMBER 18, 2014 Motion by Schmitt, second by Greening, that the minutes of a regular Parks and Recreation Board meeting held on September 18, 2014 be approved as submitted. Motion passed. PUBLIC COMMENTS None REVIEW AND CONSIDER REQUEST FROM GROVES HIGH SCHOOL ORCHESTRAS TO USE BEVERLY PARK FOR THEIR THIRD ANNUAL FORTE 5K RUN ON SUNDAY, MAY 17, 2015 Barb Seidel and her son Patrick Seidel presented a proposal on behalf of the Groves High School Orchestras to hold the third annual Forte 5K Run and Walk on Village streets and at Beverly Park. The Concert, Symphony, and Electronic String Ensemble Orchestras under the direction of Mr. Paul Shawver are provided with many opportunities to perform at national and international venues. Patrick Seidel talked about various trips and performances he has experienced as a member of the orchestra. The 5K run is the biggest fundraiser that makes those experiences possible. The event would be held on Sunday, May 17, 2015 from 7:30 am to 11:30 am. Registration will begin at 8:00 am in the pavilion where the Run will start at 9:00 am along Village streets in the West Beverly subdivision. The group will require use of the pavilion. Ms. Seidel requested that fees for renting the pavilion be waived. If the orchestra group is able to solicit vendors for the event, a waiver from selling goods in the park will be requested from the Village Council. The 5K organizers will be contacting the Public Safety Department regarding the route. Motion by Greening, second by Hausman, that the Beverly Hills Parks & Recreation Board recommends Village Council approval of the request from Groves Orchestras to hold the third annual Forte 5K Run on Sunday, May 17, 2015 between 7:30 am to 11:30 am. This event will begin and end at the Beverly Park pavilion, and they will utilize Village streets and sidewalks for the run. It is recommended that fees for use of the pavilion be waived and that the restriction on sales in the park be waived for this event. PARKS & RECREATION BOARD MEETING MINUTES – OCTOBER 16, 2014 – PAGE 2 Ayes – Davis, Greening, Hausman, Kondak, Ruprich Nays – Schmitt Motion passed (5 – 1). DISCUSS HALLOWEEN HOOT ASSIGNMENTS Halloween Hoot organizer Pat Greening outlined the schedule for the 19th Annual Halloween Hoot activities on Sunday, October 26 and informed the Board when and where help was needed. Volunteers are welcome throughout the day. At least eighteen neighborhood associations and community groups are participating in setting up stations along the trail this year. ELECT CHAIRPERSON Kondak reviewed that Cindy Arvant stepped down from her position on the Parks and Recreation Board due to a work conflict. Kondak opened the floor for nominations for chairperson of the Parks and Recreation Board. Hausman nominated Bill Kondak for the position of Board chairperson. Kondak accepted the nomination. There were no further nominations. Kondak was elected chairperson by acclamation. Ruprich nominated Janice Hausman to serve as vice-chair of the Parks and Recreation Board. There were no other nominations. Hausman accepted the nomination and was elected vice-chair by acclamation. LIAISON COMMENTS Mooney said that there was discussion at the last Parks and Recreation Board meeting about bringing in professionals to do necessary landscaping maintenance in Beverly Park. He anticipated that Council would approve a proposal for regular landscape maintenance in the park. Mooney informed the Board that Brian LaFerriere has resigned his position on Council for the reason that he has moved out of the Village. Council will be reviewing applications and will appoint an individual to fill his seat for the remainder of his term. If any Board members are interested in this position, application can be made at the Village office. Mooney added that three people are running for four open positions on Council at the November 4, 2014 Election. There is at least one person who is registered as a write-in candidate for Council. Mooney will be meeting with Paul Turner from the Beverly Hills Little League. He asked if Board members had any suggestions regarding the finish work on the storage shed in Beverly Park. It was noted that the bricks for the lower part of the structure have not been installed. Mooney commended Scout Ethan Webster of Troop 1024 on a great Eagle project that involved filling the ditch on the sled hill in order to prevent erosion and make the hill safer. He noted that Troop 1024 members have done a lot to improve Beverly Park over the years. Pat Greening informed the Board that she has obtained proposals from three local landscaping firms for maintenance of Beverly Park. Greening provided Clerk Marshall with the proposals for review and consideration. PARKS & RECREATION BOARD MEETING MINUTES – OCTOBER 16, 2014 – PAGE 3 ADMINISTRATION COMMENTS At last month’s meeting, Marshall talked about a product that could be used to replace worn and weathered boards on picnic tables with a recycled plastic material. She informed the Board that the cost of the retrofit kits available through the BarcoBoard company was $338 per kit; the cost of shipping was $234 per kit due to the weight of the product. The cost to repair one picnic table would be $572. Marshall has not found a similar product that is available locally; the product is available in Wisconsin or in Illinois. Board members discussed repair versus purchase of new picnic tables. There are 12 picnic tables in need of repair. Marshall will provide additional information to the Board, and this will be a topic of discussion at an upcoming meeting. At last month’s meeting, Board members talked about purchasing and installing a pet drinking fountain in Beverly Park. Marshall found three quotes and informed the Board that the cost of this type of fountain was in the range of $4,000-$5,000. There was no action taken on these proposals. In response to an inquiry, Marshall reported that there have been no applications received by the Village as yet to fill the vacant position on the Parks and Recreation Board. BOARD COMMENTS Hausman mentioned that the concept of the Little Free Library is catching on with residents. There are a number of books available. However, there is a need for more children’s books. Hausman observed that one of the tire see-saw toys in the park needs repair. She reported that a tree fell and damaged a portion of the fence along Allerton near the back ball field. These repairs were noted by Marshall and will be addressed by Village staff. Greening thanked Board members for their help and hoped that they all come to the Halloween Hoot. Davis congratulated the new chairperson and vice-chair of the Parks and Recreation Board. Both Davis and Greening were advocates of hiring a landscaping firm to clean up the park. Schmitt congratulated the new officers of the Parks and Recreation Board. Kondak commented that he missed last month’s meeting; he was sorry to see Cindy Arvant step down from the Parks and Recreation Board. She was hard working and had great ideas. Hopefully, Cindy will be available to volunteer for park activities. The meeting was adjourned at 8:16 p.m.
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