Board of Trustees 4-9-12 Non-profits to get Township money? Savoie a director at both places.

Hi All,
Monday, April 9, 2012 is a board of trustees meeting at 7 pm.
The agenda was posted on Thursday, with Friday always closed to township business.   http://www.bloomfieldtwp.org/Government/Agendas/BOTCurrentAgenda.htm
You must go through a series of clicks to actually get to the BOARD PACKET for this meeting. 

FYI:  The board packet for this meeting has the minutes from March 26, where it was reported that your water and sewer bills are going UP.
FYI:  This board packet also will recognized another one year firefighter/paramedic.  HOW MANY have been hired since the Feb. 2010 1.3 mills was approved to keep the status quo?  
FYI:  View the board packet for the entire agenda.  
However, I see:
 TWO CONCERNS with the agenda:
There is NO information about what the following two agenda items are really about:  $$$  is my guess.  Why can't the township be HONEST about the agenda items and notify the public their intent?  Stealth agenda items.

AGENDA ITEM #2:  Woodward Avenue Action Association - A Year in Review -  Presented by Heather Carmona, Executive Director, Woodward Avenue Action Association (WA3)
The board packet has only listed an annual report for this non-profit.  Why is the director coming to a township meeting?  WA3 will most likely ask the township for membership dues.  Not all communities along Woodward Ave. have been paying dues.  It is voluntary.   Not all join.  Why has the township joined in the past and are we joining again?  The extra police needed for the Dream Cruise event come out of township dollars, not the WA3  dues funds.  Leo Savoie is on the Board of Directors of this non-profit. 
My opinion:  our tax dollars should NOT go to non-profits, especially one where our supervisor is a director.  Individuals and businesses may contribute to this organization. 


AGENDA ITEM # 8:  Preservation Bloomfield - Presented by Supervisor Savoie
The board packet has NO information at all concerning this agenda item. Why is it an agenda item?
Is Savoie going to report that the non-profit corporation has paid the more than $100,000 loan back to the township taxpayers?  I doubt that.  More likely, a request for more money.
Leo Savoie and trustee Brian Kepes are on this non-profit board of directors.   
What has the City of Bloomfield Hills been contributing?  The Bloomfield Hills School District?  The Bloomfield Historical Society?  They are part of this non-profit.
It is time to quit being party to  Bloomfield Hills School District (BHSD) projects with township taxpayer money.  Not all township residents are in the BHSD.   These interlocal agreements never seem fair.  The township and others can claim all may use these facilities...but it is a BHSD project.  I live in the Birmingham school district.  Do those kids have access to the "historical" buildings in exactly the same way?  I don't think so.
My opinion:  our government should not be a party to a nonprofit organization with tax dollars being a major part of funding.  Taxpayer money should NOT go to non-profits, especially one where our supervisor and a trustee are directors.  Individuals and businesses may contribute to this organization.
It is time to dissolve this interlocal agreement and give the project and the funding responsibilities to just the Historical Society.

SOME HISTORY
In 2004 some township board of directors were on the strategic planning committee of the Bloomfield Hills School District's seniors group known as Greater Bloomfield Senior Association.
THAT RELATIONSHIP  ended up costing the township millions of dollars as that group is now a township department and the taxpayers built them their own senior building.
WHAT NEXT with Preservation Bloomfield?  Well, the township is OBLIGATED to BUY the land that these "historical" buildings are on at the school farm....within _ days/ with cash....if the BHSD wishes to sell.  How did that agenda item go without any PUBLIC hearing in 2010?
Easy, no one pays attention and the board just gets away with all kinds of agenda items.

OLD HISTORY FROM DECEMBER 10, 2007
    

FROM JUNE 28, 2010
ITEM #7    Consider Approval of Farm Property Agreement Between Bloomfield Hills School District & Charter Township of Bloomfield

Supervisor Payne advised the board and audience that when the Township became involved with restoring the historical log cabin and Barton farmhouse, a verbal agreement was made with the Bloomfield Hills School District to move these structures to the Bowers Farm property. Attorney Hampton added that when this agreement was made, the Township committed to buying the farm property if the school district chose to sell. If a sale were to take place, the classroom building would remain the property of the school district and a lease agreement of the land would be negotiated with the Township. This written agreement accurately sets forth the discussions that have taken place between the two parties and is basically in effect to protect the Township’s interests in the historical buildings.

MOTION by Barnett and SUPPORT by Buckley to APPROVE the Farm Property Agreement Between Bloomfield Hills School District & Charter Township of Bloomfield.

AGREEMENTBoard of Trustees Meeting Charter Township of Bloomfield June 28, 2010 Page 8

This Agreement made and entered into this _____ day of ___________, 2010, by and between the CHARTER TOWNSHIP OF BLOOMFIELD (hereinafter referred to as “the Township”), whose address is 4200 Telegraph Road, P.O. Box 489, Bloomfield Hills, MI 48303-0489, and the BLOOMFIELD HILLS SCHOOL DISTRICT (hereinafter referred to as “the School District”), whose address is 4175 Andover Road, Bloomfield Hills, MI 48302.

RECITALS

A.    The School District is the owner of an approximately 5.9 acre parcel of property having the legal description contained on Exhibit A, which is attached hereto and incorporated herein by reference, said property being hereinafter referred to as the “School District Property.”

B.    A portion of the School District Property is currently being leased by the School District to Preservation Bloomfield for the purpose of the location and operation of the Barton House and Log Cabin, said property being hereinafter referred to as the “Preservation Bloomfield Leased Property,” subject to the terms and conditions of a certain Land Lease entered into between the School District and Preservation Bloomfield.

C.    In the event that because of financial need and/or any other reason the School District decides to sell the School District Property, the parties hereto are desirous of entering into this Agreement to provide that subject to the terms and conditions contained herein, the School District will be obligated to sell the School District Property to the Township and the Township will be obligated to purchase the School District Property from the School District, and upon said purchase of the School District Property by the Township, the Township shall continue to lease the Preservation Bloomfield Leased Property to Preservation Bloomfield pursuant to the terms and conditions contained in the existing Land Lease between Preservation Bloomfield and the School District.

D.    The parties by entering into this Agreement desire to memorialize their agreement as it relates to the School District’s possible sale of the School District Property to the Township.

NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto based upon good and valuable consideration, the receipt of which is acknowledged by both parties, as follows:

1.    In the event that the School District decides to sell the School District Property, as legally described on Exhibit A, it shall be obligated to sell the School District Property to the Township and the Township shall be obligated to purchase the School District Property from the School District as provided herein. Upon the School District deciding to sell the School District Property, it shall send a written notice to the Township, which written notice shall indicate the sales price that the School District is seeking for the School District Property and, if the sales price is agreeable to the Township, the Township shall notify the School District of the same in writing and the parties shall, subject to the terms, conditions and provisions

Board of Trustees Meeting Charter Township of Bloomfield June 28, 2010 Page 9

contained herein, within sixty (60) days from the date of the Township’s written notice of acceptance of the sales price to the School District, close on the sale of the School District Property to the Township. In the event that the sales price that the School District is seeking for the sale of the School District Property is not agreeable to the Township, the Township shall notify the School District of the same in writing, and the Township and School District shall mutually select three independent appraisers who will appraise the School District Property, valuing said property as having a highest and best use as vacant single-family residential property and the median of the three independent appraisers’ final conclusions of value shall be the sales price that the School District shall sell the School District Property to the Township for with the closing on the sale of the School District Property to the Township to take place subject to the terms, conditions and provisions contained herein, within sixty (60) days from the date that the parties are advised in writing as to what the median of the three independent appraisers’ final conclusions of value is.

2.    On the date that the parties close on the sale of the School District Property, the School District shall convey to the Township by warranty deed fee simple title to the School District Property, subject only to the permitted encumbrances (as defined in Section 3 below), and the Township shall pay to the School District the sales price as established in this Agreement in the form of cash and/or certified check, said payment to be made in one lump sum. The closing of the sale of the School District Property shall take place at a mutually agreed upon location and, except as otherwise provided herein, the School District shall, at closing, deliver and the Township shall accept possession of the School District Property free and clear of the rights of all others and the School District Property shall be vacated at closing. At closing, each party agrees to execute and deliver such other documents called for by this Agreement and any additional documents as are reasonably requested by the other party in order to effectuate the purposes of this Agreement and the consummation of the transactions contemplated hereby.

3.    As evidence of title of the School District Property, the School District agrees to furnish to the Township within thirty (30) days from the date that the sales price is established, a commitment for title insurance in an amount not less than the sales price and bearing a date later than the date that the sales price has been established, said title commitment to be from a title company agreeable to both parties, with said title commitment guaranteeing the title of the subject property required for performance of this Agreement. The cost of the title commitment and title insurance policy shall be split equally between the School District and the Township and the School District and Township will each pay for one half (1/2) of the total cost of the title commitment and title insurance policy. If title can be conveyed as required by this Agreement and all other conditions of this Agreement are met, the Township agrees to complete the purchase of the School District Property when the conditions stated in Section 5 of this Agreement have been satisfied. If the Township objects to the title of the School District Property, the School District shall have twenty-eight (28) days from the date it is notified in writing of the particular defects claimed by the Township to either (1) remedy the title or (2) obtain title insurance as required above satisfactory to the Township. If the School District is unable to remedy the title or obtain title insurance within the time specified, the Township, in its sole discretion, shall have the right to terminate this Agreement unless the Township waives

Board of Trustees Meeting Charter Township of Bloomfield June 28, 2010 Page 10

such objections. The exceptions to title shown on the title commitment that the Township does not object to are referred to as the “permitted encumbrances.”

4.    All taxes and assessments that have become a lien upon the School District Property, whether recorded or not recorded, as of the date of closing shall be paid for by the School District. Current taxes, if any, shall be prorated and adjusted as of the date of the closing in accordance with a due date basis of the municipality or taxing unit in which the School District Property is located. Interest, rents and water bills shall be prorated and adjusted as of the date of closing. The School District shall be responsible for and pay all transfer taxes with respect to the sale of the School District Property to the Township. The School District shall be responsible to pay all special assessments or liens against the property, or past due bills of any kind whatsoever associated with the property, including, but not limited to, water, sewer, natural gas, electricity, telephone, etc., prior to closing.

5.    The Township shall have thirty (30) days “due diligence” from the date that the sales price for the School District Property is established to perform feasibility studies, examine the property and obtain necessary approvals, as well as other required approvals and permits. The School District shall provide to the Township within fourteen (14) days from the date of commencement of the due diligence period all documents within the School District’s possession related to the School District Property, including, but not limited to, topographical studies, boundary surveys, mortgage surveys, engineering studies and environmental studies. Within twenty-one (21) days from the date of commencement of the due diligence period, the School District shall provide a current ALTA or mortgage survey to the Township, certified to the Township if applicable. The cost of the current ALTA or mortgage survey to the Township shall be split equally between the parties and both the School District and the Township shall for one half (1/2) of the total cost of the current ALTA or mortgage survey to the Township.

6.    At the closing, the School District shall execute an Affidavit attesting to the following:

(a)    The property has been used by the School District in compliance with all environmental laws, and that the School District knows of no pollutants, contaminants, toxic waste, hazardous substances or other environmental hazards at, on or under the property.

(b)    Other than the Lease between the School District and Preservation Bloomfield pertaining to the Preservation Bloomfield Leased Property, there are no other leases, agreements of sale, options, mortgages, encumbrances, or any other agreements or arrangements, oral or written, relating to, affecting or binding on the School District Property or any part thereof.

(c)    The School District has not failed to disclose, in writing, to the Township any material fact or matter relating to the property.

7.    In the event that the School District decides to sell the School District Property to the Township and the Township actually purchases and becomes the owner of the School

Board of Trustees Meeting Charter Township of Bloomfield June 28, 2010 Page 11

District Property, the Township agrees to continue to lease to Preservation Bloomfield the Preservation Bloomfield Leased Property subject to the same terms and conditions of the existing Lease between Preservation Bloomfield and the School District.

8.    In the event that the School District decides to sell the School District Property to the Township and the Township actually purchases and becomes the owner of the School District Property, the School District shall have the option to notify the Township in writing at the same time it notifies the Township in writing that it is selling the School District Property, that the School District is exercising an option to have the Bowers Academy to remain located and in operation on the School District Property and, if said option is exercised by the School District, the parties agree to and shall execute a lease agreement allowing the Bowers Academy building to remain on the School District Property for a lease term of ninety-nine (99) years with rent of One Dollar ($1.00) per year, with the Bowers Academy to be limited to use only by the School District or its successor entity and to be used only for educational purposes. The School District’s use of the Bowers Academy shall not interfere with or impair the Township’s use of the remaining portion of the School District Property.

9.    Within ninety (90) days from the date the parties close on the sale of the School District Property, the School District shall have the right to remove any of the School District’s personal property located on the School District Property and, in the event said personal property is not removed by the School District within the ninety (90) day period, the Township shall at no cost become the owner of the personal property and shall have the right to use and/or dispose of said property in any way the Township desires.

10.    The provisions of this Agreement and the covenants, promises, agreements, rights, responsibilities and obligations contained herein shall be binding upon and inure to the benefit of the parties and their successors and assigns.

11.    This Agreement shall be construed under the laws of the State of Michigan.

12.    This Agreement may be amended and/or modified only by the agreement of the parties in writing.

13.    This invalidity or unenforceability of any part or provision of this Agreement shall not affect the validity or enforceability of any other part or provision.

IN WITNESS WHEREOF, the parties hereto have signed their names and affixed their seals on the day and year first above written.

BLOOMFIELD HILLS SCHOOL DISTRICT

_____________________________________ By:

Its:

Board of Trustees Meeting Charter Township of Bloomfield June 28, 2010 Page 12

AYES: NAYS:

CHARTER TOWNSHIP OF BLOOMFIELD

_____________________________________ By: David Payne Its: Supervisor

Barnett, Buckley, Devine, Kepes, Payne, Roncelli, Savoie None

RESOLUTION DECLARED ADOPTED.

I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the foregoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on June 28, 2010.

_________________________ JANET M. RONCELLI, CMC TOWNSHIP CLERK