Bl. Twp. Water/Sewer Lawsuit: Judge read into the RECORD !

Hi All,
This is my account of today's event:

YOUMANS JAMILA vs. BLOOMFIELD TWP
 2016-152613-CZ
    
July 12, 2018
 
Reading by Judge DANIEL P. O'BRIEN into the record:  was to begin at 1:30 pm  at the Oakland County Circuit Courthouse,  but apparently began earlier around 12:30 pm.   The reading continued until approximately  4: 17 pm.  with just one small break.

Gregory D. Hanley, Attorney for the Plaintiff was present in the courtroom along with  Jamila Youmans (also class action suit) in the audience.   Others in attendance:  Bill McMaster, (TaxpayersUnitedMI.org ), a vocal voice at township meetings about water and sewer issues and how the township was/was not dealing with issues;   David Thomas, former candidate in Nov. 2016 election for Supervisor (lost by less than 500 votes to current Supervisor Leo Savoie) and the lead person with a petition for a forensic audit of the water and sewer department that was quickly ignored by the township leadership; and me, Marcia Robovitsky,  self appointed watchdog of Bloomfield Township issues and the author of the many articles in this blog and archived blogs some concerning water and sewer issues.

A surprise visitor sitting quietly during the almost 4 hours of reading into the record turned out to be none other than the Judge's mother.  This was a very complicated and difficult case,  and she has every right to be proud of the detail and attention and legal standards that her son, Judge D.P. O'Brien gave to this case.

Also in the Courtroom were the attorneys for Bloomfield Township:
William P. Hampton,   retired from Secrest Wardle, now independent $100,000/year contracted attorney for the township;   and  Mark S. Roberts,  Secrest Wardle law firm.   For a few hours, current Treasurer Brian Kepes was in attendance, but left early.

So, you want me to get to the point?  WHAT HAPPENED? 
Well, I'll just tell you this:
Bill Hampton and Mark Roberts left the courtroom quickly.
From what I heard and understood,  (and I arrived late because of the earlier start than scheduled)  - Bloomfield Township took a BIG HIT..... the Plaintiff prevailed to some degree in many of the various issues the Judge ruled on.   Can you say millions?   The parties still need to return to the court.  I believe the judge is giving the township time to "reflect"  and to settle with the plaintiff attorney some more case-related sections as to appropriate damages.

The Township's lack of transparency and methodology among other damning comments were scattered throughout the 4 hour reading.  The Township and how they managed this department, how the budget was shown , rate formulas, fees, etc. and the way some employees perhaps kept information from being transparent were basically the reasons they lost  ( that's how I understood the 4 hours).  I will write more when the transcript is available and publicly correct in my next blog any mis-spoken/ printed information here today, if any.

Whatever the cost,  I am ordering a transcript of this decision.  All township residents should read this decision !

All Bloomfield Township residents should heed one of the many comments made by the judge:   my paraphrasing:   the courts can't decide everything....but the CITIZENS  should go the the BALLOT  BOX  when election time comes.  Each citizen should know about each candidate and how he/she will run the municipality and then vote your preference. 

FYI:
The 2016  Bloomfield Township election was decided at the PRIMARY in August 2, 2016.    There were no Democratic candidates in November.     There were CHOICES  for the first time for ALL seven of the Bloomfield Township positions.   Only 2 candidates that I supported won.  However,  the voting was VERY close (scroll down in link for local results).  Unfortunately,  those two  (Buckley and Walsh) are constantly outvoted on many issues by the other five.  Change needs to happen in Bloomfield Township.   Next chance:  August Primary in 2020.

Please,  pay attention to ALL elections.

Fair warning:   August 7, 2018....... there are some Bloomfield Township ballot issues on the PRIMARY BALLOT.   READ!     Public Transportation and Safety Path Millage 

Proposal Language for the August 7, 2018 Primary Election

  Proposal List

and of course,   CHOOSING  the candidates you want to represent YOU in Michigan in the NOVEMBER 2018  election.   Candidates that do NOT win in August will NOT have their name on the November ballot.   Choose wisely.   Here is a link for Bloomfield Township residents to see THEIR sample ballot for THEIR specific precinct.   Not all ballots are the same as Bloomfield Township has different boundary lines for some district representatives.
 https://www.bloomfieldtwp.org/Government/Services/Clerk/Elections/Voting.aspx

Bloomfield Township Offices:

4200 Telegraph Road
P.O. Box 489
Bloomfield Township, MI 48303-0489
Phone: 248-433-7700
Fax: 248-433-7714

Supervisor:  Leo Savoie    lsavoie@bloomfieldtwp.org



Attorneys for the Plaintiff:

Kickham Hanley PLLC
32121 Woodward Avenue
Suite 300
Royal Oak, Michigan 48073
Main:   (248) 544-1500

Time is running out ! DECISION for 173 = Retire Before 12/2/16 or lose Pension "Guarantee"

11/19/16  UPDATE:   TIME IS RUNNING OUT.
  
Has Bloomfield Township leadership really explained this pension change to the employees?  I spoke with someone the other day that had no clue about this provision change. 

With no preliminary budget presented by our Supervisor to date and no mention about who is doing the negotiations for the expiring employee contracts on March 31, 2017  how can the employees make an informed decision by December 2, 2016?

"Ignorance is bliss"  .. not what I think.   That's why I continue to write my blog.  See archived blogs.
  
$11 million class action lawsuit about water and sewer still to be litigated
Leadership continues the "no bid" practice of hiring vendors and contractors: friends/family/favors
Leadership continues to advance interests of developers over residents including changing zoning
Leadership continues to have undisclosed "conflict of interest" issues but vote anyway
Leadership continues to refund bonds/add new bonds and move money around to different accounts
Leadership does NOT  promote open and transparent government -  behind closed doors works here  
FBI has not come to Oakland County, yet

Original blog posted 9/30/16

Hi All,
Bloomfield Township still has 173 or so active employees in the Defined Benefit Pension Plan.  This DB Pension Plan was closed to new hires in 2005.

Since 2005, the newly hired employees are in a Defined Contribution Pension Plan 401(A).  Currently there are 91 active employees and 16 employees (that terminated employment) that have an ending balance.   The entire account balance as of 6/30/16 is: 

In 1961, this DB pension plan began with Connecticut General Insurance Company and the Guarantee obligation was taken over by Prudential in 2005.   The township offered to the retirees a certificate from Prudential with a guaranteed annuity to pay the pension.


Basically,  when an employee retired the township followed this procedure ( as I understand it)  to determine the pension.  First, take the average of the best 3 years of the last five of the annual salary BASE pay.   Then, depending on the union or the contract at the time,  there is a % factor number which is not the same for all employees that is then multiplied with the average base pay number.  A third factor is the number of years of service.  That is then multiplied to the new resulting number from base pay times the % factor #.   This new number is then divided by 12 months/ to arrive at the monthly pension figure.  Of course, there will be taxes and other costs deducted like always before the check is mailed.

Bloomfield Township notifies Prudential that there is a new retiree from the DB Pension plan and several determining factors such as the actuarial figures, the interest rates, the economy and the investments, etc.... the township makes a cash payment to Prudential for each new employee that retires and Prudential gives the retiree a guaranteed annuity certificate that will make the monthly payments to the retiree.    The range of that cash payment by Bl. Township at the retirement date can vary widely as the wages/years of service/ etc.  will play an important role.   From several hundred thousand to perhaps even a million dollars (don't know the actual figure... but think of Dave Payne as Supervisor with good pay and having 40 years employment at the township).

The part of the DB pension plan that gave the employees SECURITY....was the GUARANTEE from Prudential.... the insurance annuity for the retiree.  If for some reason, the township went bankrupt and was unable to make ARC  (annual required contributions) payments, the retirees would still receive their monthly pension from Prudential.  The insurance company is obligated to make the payments.

AND NOW.... at the Sept. 26, 2016  Board of Trustees meeting..... changes.... a new resolution:

 Well, after several closed session meetings over the past 3 Board of Trustees meeting, the Board came back to the table on 9/26/16  and made and passed  2 motions based on agenda #5 and # 6.


The Township E-News wrote this review 9/29/16:
Here's what happened at Monday's Board meeting:
Discussion was held on refunding UTGO Series 2007 Township Campus Bonds and LTGO 2008 A Water Bonds and 2008 B Sewer Bonds.
The Board adjourned into closed session to discuss Memorandum of Agreement for Bloomfield Township Fire Fighters Union, and in open session authorized the supervisor to sign Memorandum of Agreement for the Bloomfield Township Fire Fighters union. In closed session the Board discussed attorney/client opinion regarding the Defined Benefit Plan, and in open session the Board approved a resolution regarding guaranteed annuities for employees who retire after Dec. 2, 2016.

I find it incredible that the Township Board would take such action concerning THIS DB pension plan before the expiration of the current 6 year contract that ends 3/31/17.  I also find it incredible that the UNIONS  accepted the action plan.  However, there are employees at the township that are not represented by a union.  Will they now form a union?  

My best advice to my readers  is to view the very short presentation that is the audio/video recording of the  9/26/16  meeting of the Board of Trustees.  I would not want to misstate the action taken by the Board of Trustees.  Both motions passed unanimously.     https://vimeo.com/184514876    You can drag the time line to 1:04:52 and then watch to end of video approx. 5 minutes

AS I UNDERSTAND what happened.....

Bloomfield Township is notifying Prudential that they are exercising the right to cancel w/ 30 day notice the contract that  GUARANTEES payment to any employee that retires and enters the Prudential Pension Plan AFTER December 2, 2016.
 

The township will continue to fund the Prudential fund for each township employee currently in the DB Pension Plan when they retire after Dec. 2, 2016  but Prudential will basically have a separate account... one that does not purchase a guaranteed annuity for  all those retirees after Dec. 2, 2016.   The balance in the Prudential DB Guarantee Pension account as of 6/30/16 is: 


I don't know what "song and dance"  Supervisor Savoie and others negotiated and promised in backdoor memorandums/ other means.   Perhaps the pension payout will simply operate as if nothing has happened.  However,  with the pension payments possibly lasting for decades per person/beneficiary,  no one knows how the township will be financially managed over those years and whether or not bankruptcy will ever happen to Bloomfield Township.  Those with the Guarantee will be paid by Prudential.  If the township goes bankrupt,  the "after Dec. 2, 2016 retires" will not be paid/ or  perhaps get something negotiated in bankruptcy proceedings.   On the positive note,  while the guaranteed retirees have the money in fixed safe investments at Prudential, the "after Dec. 2, 2016 retirees"  could have Prudential taking more risk with that money and thus have earnings increase....  or perhaps not.

WHAT IS PUZZLING.... is the behind closed door agreements with the Unions.

NOW.... if I were an employee in the Township ... and eligible to retire.... I would think long and hard about all the consequences of retiring on or before 12/2/16  vs staying employed.   Unless there is some secret deal,  this decision can not be changed after Dec. 2, 2016.   You need to accept and live with the deal you choose for yourself and your family.  Unfortunately,  you do not have a new contract yet.  The contract you are working under expires 3/31/17.   What will the new contract say?  Would the language and terms of the new contract sway you to stay?  You have a deadline to decide:   retire or work.

WHAT IS SCARY.... is the possible run on the retirement and many people choosing to accept the guarantee certificates on or before 12/2/16.   How many of the 173 are eligible to retire and how many will?   How much cash would need to be deposited into the Prudential Fund to satisfy the actuarial figures? What if 30 people choose to retire?  That could be a potential $15 million (more or less) that must be taken out of the DB Pension Equity Fund  (from the original $80 million in bonds) and sent to Prudential.    The $80 million that Savoie, et al,  promoted to fully fund the defined benefit pension plan several years ago is not functioning as planned.  More people have retired than expected at this point in time.  The money was partly invested in an equity fund with the goal of raising revenue.  However, each time an employee retires, funds must be withdrawn from the equity fund and deposited into the Prudential Fund.   The more that retire, the less cash in the equity fund to invest.  Thus having less chance of gaining significant revenue.  Last figure I found 6/30/16  for the balance in that Equity Fund for the DB Pensions is:
See financial statements in the August 8, 2016  Board of Trustees... Board Packet

On March 10, 2015 in the Bloomfield Township Board of Trustees BOARD PACKET for the study session ...... the current (as of above date) retired employees are listed (not by name) and their monthly pension amount.

QUESTION?

WHEN are those BOND HOLDERS  from the $80 million bond sale due their invested money returned?  There is a limit to how much the citizens can afford to pay in taxes  without jeopardizing their own budgets and way of life.

THE NEXT SIX MONTHS :

• Supervisor Savoie and Clerk Roncelli must deal with the Secretary of State and/or the Attorney General's office with the complaints filed against them. 

• Clerk Roncelli will be busy with a general election on November 8, 2016.  

• The township will have to accept whatever number of employees choose to retire and accept the guaranteed pension certificate on or before Dec. 2, 2016.   That could involve a huge cash withdrawal from the Pension Equity Fund current managed by Schwartz & Co.  to be deposited into the Prudential Pension Fund. 

• The Departments will need to re-evaluate their staffing needs depending on the number of retirees before Dec. 2, 2016 deadline.   Will the budget be able to afford to replace /hire new people?  I think downsizing the number of employees should be good for the budget.

• Where is a strategic plan for our community for the years going forward?   The last strategic plan ended with the final report given in February 2014.    Since that report, employees have received raises for the last 4 years.  What is the debt for the township now?  Are property values back to pre-recession figures?   What are the predictions for the future?  What is needed? Will we still be AAA rated?   What is the township doing to protect that rating?

• Supervisor Savoie needs to present a preliminary balanced budget before the end of 2016/ and approved before April  1, 2017.

• The township must negotiate contracts with the various unions/ and employee groups.  Current contracts expire 3/31/17.   WHO  is doing the negotiating for the taxpayers?  We need experienced negotiators and we need the Trustees to weigh in on what is and is not negotiable as far as protecting the interests of the taxpayers.   Has anything already been completed?  By whom?  When?   Egads.

• The township must deal with a class action lawsuit @ $11 M possible payout concerning the Water and Sewer department.

• Trustee Brian Kepes becomes Treasurer Kepes on November 21, 2016 for the next 4 years.  Is he prepared to do the work?   He does not have the same investing background and certificates/ degrees as current Treasurer Dan Devine.   Who will he and the township go to for advice?  Will there be competitive bids and companies to compare?  Will he do this job full time?  He wanted to make it a part time job with part time pay for Dan Devine.  What is his position now?  Will someone monitor his hours at his desk at the township?

• Will the refunding of the $20 million plus Campus Construction Debt Bonds and the refunding of the $7- 8 million in Water and Sewer Bonds be transacted?  So far, Savoie and Kepes have suggested Fifth Third Bank as the Underwriters... with no bids from others... and they have not recused themselves because of conflicts of interest.   The other parties to the refunding of the bonds issue  are long term vendors... perhaps had a contract at some point... but in my opinion are NO BID vendors at this point.   Bendzinski & Co.,  Dickenson Wright, Fifth Third Bank and ?? others?    

• For the past six years, the township was able to legally "opt out" of a state law concerning employee health care.   There has been NO STUDY SESSIONS to date that seem to be dealing with this issue or any of the other issues mentioned above.  Why not?  This year, with a new contract, the opportunity to "opt out" have ended.  The township must follow the law.  Who is advising them on this change?

• The TRUSTEES should be involved to protect the interests of the taxpayers of this township.  Too many suspicious deals and hiring of consultants and legal firms by Savoie /others without Board approval.   Savoie claimed transparency in his re-election literature.  In my opinion, that is just one lie of many he made to get re-elected.   

• Now,  the next six months will be critical to the future of this township.  This AAA rated township needs ethical leadership, a strategic plan, policies that are relevant and adhered to, transparency at all levels of doing business with competitive bidding,  and a Board of Trustees that the citizens can respect for their due diligence on all issues and their vote on all issues that are in the best interests of the township.

My blog... my opinions...
Marcia

FYI:
http://bloomfieldtwpmi.minutesondemand.com/
See the Board of Trustees BOARD PACKETS for related data
November 23, 2015 reg. meeting
March 10, 2015 study session packet    THIS one lists the retirees (not by name) and the monthly pension they receive ....among other data

See  archived blog for more data:
http://bloomfieldtwphappenings.blogspot.com/2016/05/50000-report-whats-new-defined-benefit.html

Refinance Bonds? No documents=Problem

Hi All,
At the Monday, Sept. 26, 2016  Board of Trustees meeting,  the posted agenda :


FYI:

There was absolutely NOTHING in the Board Packet with any details of the above agenda item.  Supervisor Savoie had asked Trustee Brian Kepes (not the current Treasurer Dan Devine) to investigate and present this item .  I'm worried because 17 year current Treasurer Dan Devine, will be replaced by Mr. Kepes in November as our Treasurer.    Trustee Kepes and the township municipal bond advisor, Bobby Bendzinski seemed unprepared,  the trustees had nothing to review, and  Mr. Bendzinski, Mr. Kepes and Supervisor Savoie suggested Fifth Third Bank to be part of the proposed "bond refinance deal"... that had no documentation.  Neither Savoie nor Kepes revealed their conflict of interest in dealing with Fifth Third Bank.  That is unacceptable.  More to come at the next Board of Trustees meeting.

FYI:

Research that I could find:   2007 Campus Construction Debt Fund/  $ 26,000,000 in bonds

                                              Outstanding principal as of 3/31/16        $ 22,400,000

                                              Debt payment before 3/31/17                 $ 600,000 principal 

                                                                                                              $ 974,225 interest



As for the water and sewer:  2008  Series A -  WATER Phase 2        $ 4,750,000  in bonds

                                              Outstanding principal as of 3/31/16      $ 3,900,000

                                              Debt payment before 3/31/17               $ 200,000 principal
                                                 due May 1 and Nov. 1 fiscal yr
                                                  as semi-annual payments                  $ 138,200 interest

                                             

                                              2008  Series B -   SEWER                   $ 4,000,000  in bonds

                                            
                                             Outstanding principal as of 3/31/17     $ 3,400,000

                                             Debt payment before 3/31/17               $ 200,000 principal
                                               due May 1 and Nov. 1 fiscal yr
                                               as semi-annual payments                    $ 120,000 interest




What I heard at the 9/26/16 meeting: 

• Want to refinance within 60-90 days if possible

• our municipal bond advisor, Mr. Bobby Bendzinski  needs an"engagement" letter

• Terry Donnelly @ Dickenson Wright would write a resolution for the Board

• Fifth Third Bank would be the Underwriter

• the deal would be negotiated vs competitive bid sale

• supposedly, the refinance would provide a $2 million savings for the Campus bonds and $500,000 savings for the Water and Sewer bond refinancing.   NO documents to show that.

• held in escrow.. the debt defeased ... 3rd party holding.... call date is May 1, 2018

• guess-timated costs to those "friends and family and favors"  making the deal would be  $40,000 to Bendzinski & Co.; and $100,000 to Fifth Third Bank;  and no $$ mention to Dickenson Wright? but certain will be ; wonder..would the third party holding until May 1, 2018 also get money? ;  who else?     What will the ACTUAL numbers reveal?

•  Savoie did not know how the payments were made. He assumed level principal payment. Not.

• documents will be provided at the next meeting for the trustees and public to review.  MY comment/opinion:   assume the vote will take place at the next meeting.... prediction 5-2 vote/ because of the conflict of interest issue with Fifth Third Bank.

• Mr. Kepes... trustee not treasurer at this point in time...  was "given" the opportunity to "save the community money"..... by Supervisor Savoie.   My comment/ opinion:  The treasurer, Dan Devine, was overlooked by Savoie... deliberately to present this issue.

But then again, 2 guys (Savoie and Kepes) with a conflict of interest with the same bank/underwriter (Fifth Third)  ... presenting the refinance issue ?  And Savoie and Kepes got voted in for 4 years... Supervisor and new Treasurer.   I'm not happy about that... my opinion.

Please  listen to the PUBLIC COMMENT about the conflict of interest.... at the 9/26/16 meeting ... at this link:
//www.bloomfieldtwp.org/Services/cable/Videos/BoardOfTrusteeMeetings.asp 

Please attend the Board of Trustees meetings.  Next scheduled :  October 10, 2016 @ 7 pm

Marcia

Joint Development Council - Ruled on Issue/Bl. Twp and Pontiac

Hi All,
Today (10-21-2015), the Joint Development Council (JDC) met at Pontiac City Hall.  Too bad Pontiac City Mayor, Deirdre Waterman first went to the Bloomfield Township Hall.  That delayed the start of the meeting by 22 minutes.  By the way, she also totally missed the  JDC meeting in September, showing up AFTER the meeting adjourned. That meeting was about the same issue as today's meeting.   Apparently she and Supervisor Savoie did meet on Sept. 23, 2015 after the adjourned meeting and they discussed.... what?? ... too bad not part of the official minutes.  Hmmmm.

Pontiac is represented by their Mayor, Ms. Waterman; and Bloomfield Township is represented by their Supervisor, Mr. Leo Savoie. The third member of the JDC is Mr. Dennis Cowen.  He is the "NEUTRAL" member and the chairperson of the JDC.   REDICO is the current developer.

From the September 23, 2015 meeting of the JDC, the minutes state that Supervisor Savoie.. "would like time to allow Attorney, Bill Hampton  to review the Development Agreement as it pertains to this issue."  This issue being:  IS colorful graphics on mesh construction screening considered a sign according to the 425 Joint Development Agreement?  Asking for a "review" because Hampton previously made a ruling for the Township and the JDC that it IS a SIGN.

While Supervisor Savoie said at the JDC meeting he wanted Bill Hampton's "review", Mr. Savoie never asked or approached Mr. Hampton for an update or comment on his previous rulings on this very same issue.  Hampton's previous ruling was:  it WAS considered a SIGN.  If that ruling stands, the 3  JDC members should/must vote NO... not permitted.

Meanwhile, the "neutral member", Dennis Cowen,  apparently was "invited" to the Bloomfield Township Board of Trustees meeting on October 12, 2015 to talk about the project and the upcoming VOTE of the JDC about a request from REDICO to put up ...  wind screening with colorful graphics on the fence on the Telegraph side of the property.
   
Mr. Cowen, chairperson of the JDC, and an attorney, told the Bloomfield Board of Trustees how HE didn't think it was a sign.  Cowen didn't ask about Township Attorney Hampton's written opinion (Hampton was conveniently not present at this meeting and his substitute sat silent).  The comments Cowen made were not neutral... he was definitely expressing HIS opinion as to the issue and the development in general.... and he stated he was.." urging the Board members to favorably consider this request".  Clearly, Supervisor Savoie also let the Board of Trustees know HE didn't think it was a sign and that he (Savoie) didn't agree with with the previously written attorney opinion.

At that same meeting (Oct. 12, 2015)  Treasurer, Dan Devine (who is also an attorney and was a member of the JDC in prior years) gave the history of this exact same issue. He explained Township Attorney Hampton's written opinion and what happened in past years.  Trustees Barnett (also an attorney) and Kepes both made what I consider snarky remarks toward Mr. Devine.  The Joint Development Agreement is to be adhered to for any issue concerning this land.  Mr. Devine was trying to make that point. 

WHERE WAS BILL HAMPTON.... the Township Attorney??  Why didn't Savoie at least ASK for an update?
Is it because Savoie didn't care?  Was he was going to vote for the screening no matter what? Taking this issue to the Board looks like Savoie was just convincing 5 other people from the township to say... go ahead... forget our attorney's previous opinion.  If there is any future "blame" ...Savoie can possibly say it isn't all his fault.

 
SO..... ABOUT THIS MORNING'S MEETING OF THE JDC  (Oct. 21, 2015)
First:  Minutes of the previous meeting were approved. 
Next item:  the request from REDICO for the graphic and colorful screening.   

First to speak was Savoie who announced to the group that the Bl. Trustees gave him by a 6-1 vote, permission to vote in the affirmative to allow the colorful graphics on the windscreen.

Then the three members of the Joint Development Council again simply announced HOW they would vote:
Savoie announced that he would vote YES. 
Ms. Waterman announced she would be voting YES.  (Wonder how she came to that conclusion?)
 Mr. Cowen announced he would vote YES.
 
Instead of having a DISCUSSION, they announced their intended vote.  
Then someone made a motion to approve. 
The AUDIENCE... asked for public comment on the issue. 
Mr. Cowen DENIED any public comment at this time and took the vote. 
There was NO discussion.  No one even mentioned the previous (Attorney Hampton's) written opinion that said it was a sign and went against the Joint Development Agreement.
The developer representative from REDICO sat silent.  He has no vote.... and he knew the outcome.   

Vote Taken:   3  YES... unanimously approved.

THEN... after the vote:   4 people spoke during public comment:
Marcia Robovitsky (me)
Dan Devine
Marcia Battles  
Billie Swazer

All four wanted the 3 JDC members to follow the AGREEMENT.  
This issue was denied in the past by the JDC... why is it allowed now?   

Basically, the reasoning was : 
 ... all three council members agreed on what they wanted to do... and because they have given the unanimous " Yes " vote.....REDICO got approval to proceed with the graphic wind screening by this JDC.  

BUT... did the the JDC members go against the 425 Joint Development Agreement?  A unanimous vote violating the AGREEMENT language... is 3 people making the wrong decision.

So, on Telegraph Road, north of Square Lake.... driving by, your attention will be diverted from watching the road to wondering what the  "colorful graphics on mesh construction fencing" means.  
OH, it must be .... a SIGN.... that something will start happening soon.... or whenever.... at that site.
Demolition would be a good start.

WELL,  what is the next item the three JDC members will agree to do...?  and will it comply with the JOINT DEVELOPMENT AGREEMENT?  Do you think they will ask for an attorney opinion if they are not sure?  And if so, which attorney? Or.... will they just vote UNANIMOUSLY .. and let it happen?

Here is a question I have for those reading this blog:
Does anyone know... or can tell me where I can find who are the INVESTORS of the "corporate shell company" who bought the foreclosure rights from Wells Fargo ...  that those foreclosure rights are now owned by REDICO ?  Please leave a COMMENT with the information.  Thanks.

That company is:  Bloomfield Village Investor Holdings       WHO ARE THE INVESTORS?
 

below from:  http://www.freep.com/story/money/business/michigan/2014/10/21/bloomfield-park-foreclosure-rights-new-owner/17646669/

"In filings last week in Oakland County Circuit Court, mortgage holder Wells Fargo identified the new owner of foreclosure rights as Bloomfield Village Investor Holdings, a corporate shell company. Precisely who that entity is, and its plans for the property, were not immediately clear on Monday."

Savoie Doesn't Agree With Attorney Opinion

Hi All,

At the Oct. 12, 2015 Board of Trustees meeting, the Bloomfield Township Board voted 6-1 to send Township representative  Supervisor Savoie to the Joint Development Council (JDC) meeting this Wed., Oct. 21, at 9 AM to be held at the Pontiac City Hall, 47450 Woodward Ave.   to cast a YES vote to approve the proposed mesh fencing with graphics.  Six of seven Bloomfield Township board members agreed with Savoie and determined that mesh screening with colorful graphics was NOT a sign.  Treasurer Dan Devine, the former Township representative on that JDC committee, informed the board that our Township Attorney, Bill Hampton,  had previously written an opinion on the very same subject. Two times the previous developers apparently dropped the request for this kind of mesh fencing presumably because of the attorney opinion.  Supervisor Savoie said at the meeting:  "The question is whether this is signage.  I've read the attorney's opinion, and I don't agree with it."

The Township posts PACKETS for the Board of Trustees meeting.  There is a LOT OF INFORMATION concerning DETAILS about this mesh fencing/graphics.  READ the PDF pages concerning this mesh fencing/graphics issue at: 
http://bloomfieldtwpmi.minutesondemand.com/
choose:  Board of Trustees
from drop down menu choose: Board Packets
then choose 2015/  Oct. 12    wait for PDF to download
then choose AGENDA #3   pages 12-31 of the PDF are about the issue/  Graphics/ mesh fencing

The Township also audio/video's the Board meetings.  Go to this link: https://vimeo.com/142249385
to view the Bloomfield Township board meeting/ word for word.

At this Wednesday's  Joint Development Council meeting, discussion will concern the area under the 425 Agreement. The site was known as "Bloomfield Park".  REDICO now owns the approximate 80 acre property and is in preliminary site development for what they are calling the Village at  Bloomfield.  The 425 Agreement should be the framework for proceeding with all work. 

At the August 19, 2015 meeting, the following was presented. 
The last paragraph of those meeting minutes say:
 

 
There was another JDC meeting held at the Bloomfield Township offices on September 23, 2015 to discuss the same issue, however, Ms. Waterman did not attend this meeting.  The minutes for that meeting are not posted at this time.  I stated (during public comment) at this meeting that I was in favor of the mesh fencing with graphics.  There was NO picture shared with the audience of the design.  I did not realize that it was multicolored and that detailed in design. I also did not know about the prior attorney opinion with previous developers.  I have since changed my opinion and feel that the graphics do make this mesh fencing a "sign".

Graphics on the fences/ or mesh on the Telegraph Road front  is the main discussion for this upcoming Wednesday, Oct. 21, 2015 meeting.
I wonder..... Is there a document governing the Bloomfield Township 425 Agreement?  If so, where can one read the details?  What is permitted and what is not?  How many times will each issue or  design proposal come before the Council? THIS IS THE THIRD  JDC MEETING WHERE THIS FENCING IS A TOPIC OF DISCUSSION. I believe the taxpayers pay money to the participants to attend each meeting. This could be costly. I certainly hope that THIS time a project can be completed on that site, but I also believe that adhering to the 425 Agreement in all cases will hopefully eliminate potential problems and/or lawsuits.  

Therefore, when the Township attorney writes an opinion... IS IT in Supervisor Savoie's or the Trustees authority to ignore that opinion?  This may be a minor issue in many minds... but it suggests that some Trustees and Savoie are willing to do what they want.. not necessarily what is correct or recommended by counsel.

The JDC meeting is a public meeting. 
Wed., Oct. 21, at 9 AM to be held at the Pontiac City Hall, 47450 Woodward Ave.