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

$25M + W & S Department EXCLUDED from Twp Prelim. Budget. WHY?

Hi All,
Monday, November 27, 2017  @ 7 pm is a Board of Trustees meeting.  One agenda item is :

You can review the 2018-2019 Prelim. Budget document:
 BOARD PACKET  for Board of Trustees/ 11/27/17
 
You can read the Annual Report 2015  (last one reported on twp. website)  for Water & Sewer

Last year, Supervisor Savoie deliberately EXCLUDED the water and sewer department budget from the approval process.  The rest of the Board of Trustees went along with that move.  This year,  the water and sewer budget is again EXCLUDED.   Why?   Does the Class Action Lawsuit against the township concerning  water and sewer  have anything to do with this decision?  Keep the information out of the public review?  I heard that the lawsuit has a court date in early January 2018.

From an earlier (and typical report) in the annual 2015-2016 budget is the following about water and sewer revenues and expenses:








Millions of that water and sewer REVENUE  pay for both current and former employee wages/ health/pension/life insurance and other benefits.   Those "millions"  were collected as "fees" on all water and sewer bills.  Where and how our Water and Sewer FEES.... this is NOT TAXES... are spent should be made public.  There are about 17,000 households in the township plus an unknown number of commercial/business/etc.  buildings in the township.

The Board of Trustees have approved all EMPLOYEE wage increases by 2% each year... for six years in a row now.  For the township water and sewer department our FEES/ bill payments  are paying those employee costs. That is not right!   We pay property taxes to run our local government.  We expect the township to pay the employees hired with that money.   For some departments, the taxpayers have approved at the ballot box special millages to pay for wages and programs such as police, fire, roads and senior services.  That is taxpayer approved money.   

Think about this:  why can the township spend money such as buying expensive vehicles for so many employees to drive around in and gas up on the township tax money, but can't (or just don't)  choose to pay the water and sewer employees wages and benefits?  The W & S employee wages are coming from the fees charged on YOUR water and sewer bill.  (Same "fee" payment is happening with Cable and other departments and wages/benefits- but that's another blog).

Note also from the above chart that there is a FUND BALANCE at $50.7 million per budget 3/31/16.  What is that figure today?   Where is that money deposited?  Is it invested?  This  W & S FUND  is NOT part of the AUDIT  of township funds. 

This W & S  department of the township isn't included in this preliminary  BUDGET report.   What is the township hiding?  Please attend the meeting Monday night.  Public comment is agenda # 1 ONLY @ 7 pm sharp.

There is soooo  much I could write about this issue.  However, it gets very complicated and makes for a long blog. 

some previous blogs:

http://bloomfieldtwphappenings.blogspot.com/2017/02/township-budget-review-vote-coming-soon.html

http://bloomfieldtwphappenings.blogspot.com/2016/09/class-action-lawsuit-certified-11m.html

Marcia

PS:
some information about the water and sewer lawsuit can be found at this person's link ( he ran for Supervisor in the August 2016 Primary and lost to Savoie by less than 500 votes):
https://www.electdavidthomassupervisor.com/home.html