Bl. Twp. W & S Trial OC Circuit Court 2-5-18 @ 1:30

Hi All,

Update 2-6-18 @ 10:45 pm:   Correction on the Courtroom.  It is 2 H.   Opening statements have been made and one witness was called by the Plaintiff.  Next trial date is THURSDAY,  Feb. 8, 2018 @ 8:30.  It will be just the morning session.  More dates and times were discussed.  Projected end of the trial is before the end of February.

Monday,  February 5, 2018 at 1:30 PM 
at the Oakland County Courtroom 2F, second floor,
the long awaited WATER AND SEWER class action TRIAL commences.
Public may attend.  No cameras/etc.  in the building.

Circuit Court
1200 N. Telegraph Rd
Dept. 404
Pontiac, MI 48341-0404

Phone: 248-858-0344 

Hours: Mon-Fri 8:30am - 4:30pm

Case Summary   https://courtexplorer.oakgov.com/

Case Number

2016-152613-CZ

Entitlement

YOUMANS JAMILA vs. BLOOMFIELD TWP      

                   

Judge Name

DANIEL P. O'BRIEN

Case E-Filed

YES

Case Filed

04/21/2016

Case Disposed

00/00/0000 

Attorney for Plaintiff:
 http://kickhamhanley.com/
Gregory D. Hanley
 http://kickhamhanley.com/class-action/youmans-v-bloomfield


Attorney for Defendant/Bloomfield Township
William P. Hampton   formerly w/ Secrest Wardle/  independent in-house attorney for Bl. Twp.
Mark S. Roberts   Secrest Wardle
Dennis R. Pollard  Secrest Wardle
http://www.secrestwardle.com/



MY COMMENTS:
The Bloomfield Township citizens have had many complaints and questions concerning their water and sewer bills for quite some time.

• At the Feb. 22, 2016 Board of Trustees meeting (agenda #4),  a citizen had a petition with 200 signatures asking for a forensic audit of the water and sewer fund.   
• At the April 25, 2016  BofT meeting (agenda #8), then Treasurer Dan Devine attempted to get documents/resolutions from the township and to help the more than 200 people who signed the petition requesting at least an independent audit of just the water and sewer fund.  
• Again, at the May 9, 2016 BofT meeting,  then Treasurer Devine tried to get more data on water and sewer projects.  His efforts were repeatedly stopped by the majority of the Board of Trustees.  Only Trustee David Buckley supported the effort.  

Archived minutes can be found here.
Archived audio/video recordings of the Board of Trustees meetings can be found here.

Since the filing of the lawsuit by J. Youmans in April 2016  the township has given various comments on the status of the issue.  The lawsuit started out as filed by one person, but has gone to class action status.   The comment that bothers me the most is by Supervisor Savoie who was quoted in June 2017 as saying :
          Savoie says he’s “100 percent” sure the lawsuit, which was filed last year, will be dismissed.

          “I’m very confident because we didn’t do anything wrong,” he said.

I believe there are issues with the water and sewer rates and budget.   I'll let the attorney's litigate that in court.

Hiring the legal firm of Secrest Wardle and also independent township council (as of Jan. 2017) William Hampton has cost the township a lot of money on this lawsuit.   Other communities have settled out of court on similar issues.

The Board of Trustees gave Mr. Hampton  (upon retiring from Secrest Wardle at the end of 2016) a $10,000 a month contract for all of 2017 and has extended that into 2018 as our "in-house" attorney.  The township continues to also hire Secrest Wardle often with monthly fees of over $20,000.

I'm guessing there are other costs involved with this lawsuit.  Viewing Payroll and Vouchers documents  I noticed that the recently retired Director of the EESD ,  Wayne Domine, has been receiving checks after retirement.  Over $10,000  in 5 payments July through December 2017.  Are those checks because he is helping prepare for this court case?  Don't know for sure.  The Director of the Public Works Department is and has been Tom Trice.  I would think he would be doing document searches.  However, according to the 2015 Annual Report:

 

Twp. Supervisor, Leo Savoie,  has made it very difficult to review facts of the WATER and SEWER  fund/ budget  because he eliminated the Water and Sewer Fund from the annual budget review last year.  Why?   Previous blog on subject

The preliminary budget for upcoming fiscal year 2018-2019  starting April 1, 2018 is not listed under BUDGET on the township website.  I did find a preliminary draft copy missing water and sewer fund however  in the Nov. 27, 2017 Board of Trustees BOARD PACKET.  

What are the rates now being charged?   On April 24, 2017,   24 days after the start of the new fiscal year,  Water and Sewer rates  were presented to the Board and approved. See:   Agenda item #5.  Minutes of 4-24-17 Board of Trustees 

FYI:
Years ago, the township voted to join SOCWA.  The purpose was to save money.  However, after making some expensive changes,  SOCWA  did NOT vote Bloomfield Township into their group.  Therefore,  while SOCWA members get a discounted rate for water,  the township gets a different/higher rate.

Then, the township also raises the rates again to the Twp. citizens, usually on April 1, the beginning of the fiscal year.  However,  the Water and Sewer Authorities selling/providing water and sewer, usually announce the change in the rate to the communities in early summer.  So, several months of higher rates to the township than the township pays to acquire.

FYI:  There are Bonds and other Debts associated with the Water and Sewer Fund.   I wrote several blogs in late 2015 concerning the Water and Sewer Funds.

http://bloomfieldtwphappenings.blogspot.com/2015/10/you-dont-pay-watersewer-bills-to-fund.html

http://bloomfieldtwphappenings.blogspot.com/2015/10/will-twp-rob-restricted-w-fund-to-pay.html

http://bloomfieldtwphappenings.blogspot.com/2015/12/financial-issues-affecting-your-w-s.html

http://bloomfieldtwphappenings.blogspot.com/2015/12/bltwp-resident-calls-for-forensic-audit.html



A trial date has been set 4 times then rescheduled.  So far, this 5th  date is a go.

07/02/2016

APR

DATE SET FOR TRIAL ON 05302017 08 30 AM

05/04/2017

APR

DATE SET FOR TRIAL ON 09112017 08 30 AM Y 08

06/27/2017

APR

DATE SET FOR TRIAL ON 11062017 01 30 PM Y 08

 10/25/2017

APR

DATE SET FOR TRIAL ON 01082018 01 30 PM Y 08

11/22/2017

APR

DATE SET FOR TRIAL ON 02052018 01 30 PM Y 08

01/31/2018

ORD

ORDER FILED DECLARE COMPLIANCE JOINT TRIAL BINDER ORD

 I hope to attend this TRIAL  on Monday, Feb. 5, 2018  @  1:30 PM.   I'll try to give updates or perhaps some journalist will cover the story.  

Marcia
   

Almost $98 MILLION cash...but Township Threatens CUTS if millages fail

Hi All,
Here is the information I received from Bloomfield Township in regard to a FOIA request.
See the data chart at the end of this blog.
I think it is important for the taxpayers to know that the Township has almost $98 MILLION dollars deposited in various FUNDS at the end of the 2013-2014 fiscal year.

The Township leadership may argue that the 2013 taxes were just collected in September and December (basically) and that is why the FUND balances may seem high.  They will claim that they use this money in the FUNDS to pay the bills due in April through September... until the next tax year bills are collected in Sept./Dec.  Fair enough...BUT.... when the taxes are collected again and all bills are paid by the Treasurer.... the FUND balance remains about the same at the end of the next fiscal year. That means that the FUND balance is really money that is SAVED.    $98 MILLION CASH.

THERE IS MONEY IN THE BANK..... BUT....
THERE ARE ADMINISTRATION MANAGEMENT ISSUES

So why does the Township leadership tell you in the winter months that there is no money for plowing or salting or no money to fix potholes when there is $2.3 MILLION in savings to be spent on roads and a $4 MILLION annual budget just for roads?  Why does the leadership complain about all the overtime hours for the road crew and others, when it is the leadership that recommended and enjoys (since 2008 to save on energy costs) the four day work week?  The township needs to go back to a five day work week and save much more by eliminating a lot of overtime hours.

Why does the Township leadership tell you they will CLOSE a fire station and cut police and fire personnel when there is $12 MILLION in savings  and one of the millages they have on the 8/5/14 ballot does not even expire until 2016.  Why does Township leadership purchase ladder trucks with $650,000 in "mystery" money.... as the purchase was not in the budget?  Where and when and from whom does the leadership purchase vehicles as perks for themselves and other employees?  How many police cars does the township own?  These items are never presented or voted upon at an open meeting.  At the height of the recession in 2010, the township asked for an addition 1.3 mills for 10 years in a stealth February election to "maintain the status quo"... and then gave ALL employees a 2% raise.... with another wage opener coming in 2015.

Why does the Township leadership threaten reducing hours at the Senior Center when there is three years of millage money in the savings account?  Is it because if they SCARE THE SENIORS WITH THEIR SAFETY OR THEIR ENJOYMENT HOURS.... the leadership believes that they can get the seniors to vote for anything?  Come on seniors.... we are SMARTER....

The Township leadership approved a $13,000 expenditure for a survey for this upcoming millage. This is JUST ONE... of the things told to the 300 people that agreed to participate that was NEVER discussed by the township leadership at any public meeting... and I do NOT BELIEVE any of what is told to these people in this paragraph to be true. This is SPIN  to get people to vote yes....... it is legal to lie, you know....    Remember, I heard with my own ears, Supervisor Savoie tell the assembled group at a study session, if all the millages fail.... there is enough money to make the approved 2014-2015 budget work.....  so why this message????  SCARE TACTIC !!!  Remember... one of these public safety millages doesn't even expire until 2016....money will be collected regardless in 2014 and 2015. 


David Payne, the former Supervisor, (with a rumored six figure retirement) signed a contract with the employees WAY before the existing contract expired...giving them a new six year deal.  It just so happened to be BEFORE a state law (PA 152) went into effect requiring employees to pay more for their own health care.... which OUR township leadership has (since 2011) "opted out" complying with that law (legally because of the six year contract). 

Our Township leadership may have changed the pension plan for new hires... but giving the employees 14% for some and 10 % for others of their base pay into the new plan....seems excessive.  This is not matching funds.  My next FOIA should be showing the township taxpayers how much group and one on one  financial advising the employees receive on our dollar so their retirement funds grow, while many of us need to dip into our retirement funds just to pay our taxes.   I think it is time for an update on that $85 MILLION dollar bond for underfunded pensions.  I think you all should know that the Schwartz Co. made almost $500,000 just in commissions on the township portfolio they set up with that bond money.  More bonds are being sold now (July 2014) for the many road repaving projects.  The latest round of bond sales is for over $5 MILLION dollars.  Who will be receiving payments and how much for those transactions?  The subdivisions getting the road repaving...are NOT told... the details of the extra $100,000 + tacked on to the bill by the Township leadership.  Why not?

Why is there $5 MILLION + in the CABLE FUND?  Is this the money that produces the TOWNSHIP SPIN shows? The Supervisor's wife, Mrs. Sally Savoie,  is currently hosting some programs on the millage issues.  Why isn't this money being spent to VIDEO ALL PUBLIC MEETINGS?
Answer, the township leadership really doesn't want you to see and hear the proceedings of those meeting.  Don't believe me?  All of you... send emails or telephone calls to request that all PUBLIC meetings be audio/video recorded and archived on the website.  See what happens.

There is a problem in this township.  It is not open and transparent.  Salaries/ Pensions/ contract language/ credit card expenditures by department leadership/ vouchers and payroll details and much much more should be readily seen on the township website. This is OUR tax money and we need to know where and how it is spent... or not.   We have high taxes compared to other township communities.  Our cost per resident is $1834  which is $992 MORE than the regional average for townships.  We are the only township in the state of Michigan that has it's own road department...and  that department budget is $4 MILLION annually. 

The only way I can figure out how to get the Township leadership to listen to the CITIZENS.... is for them to send the leadership a message on August 5, 2014   by voting NO, NO, NO, NO  on the township ballot questions.  It will not be the end of the world.  Voting NO,NO,NO,NO should not mean any cuts in personnel or services or closed fire stations.   THERE IS MONEY IN THE BANK.  By voting NO on all the ballot issues that should make the leadership take a hard look at what really needs to be done.... and if millages are truly needed, present them in a responsible way at a NOVEMBER election ONLY.

FYI:   ALL seven of the township leadership have their term expiring with the November 2016 election. Is there anyone out there interested in government jobs?  First step... know the rules to get on the primary ballot in August 2016.... get started way before May 1, 2016....

BLOOMFIELD TOWNSHIP ...... CITIZENS FOR RESPONSIBLE SPENDING...PLEASE VOTE