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In this edition:

1) Youths address commission on skate park
2) City buys into $100,000-plus sign design plan
3) Opinion: Keep close tabs on city spending
4) Birmingham trims 'virtual' fees
5) McEntee named Chamber's First Citizen
6) Three get nod for PSD board despite effort to tie appointments to a review of agency
7) Stores hope for strong holiday sales
8) Lanzetta offers yet another ethics code draft
9) City gets top bond rating
10) Decision pending on code of ethics
11) City status a possibilty for Bloomfield Twp.
12) Roads an issue with Bloomfield Park
13) City welcomes Chafetz as first gay mayor
14) Opinion: Issues still linger with settlement
15) Opinion: Skate park is appropriate
16) Commission picks Chafetz as mayor
17) Opposition to Bloomfield Park plan fading
18) Birmingham will get township property
19) City set to sign 'wayfinding' deal
20) Fuller wins bidding for Jacobson's Maple site
21) Letter: Exhibit, talk to focus on Cranbrook
22) Letter: It's time to restrain the Plan Board

1) Youths address commission on skate park

Dec. 1, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Build it big and we will skate -- that's what a group of skateboarders and Rollerbladers told the Birmingham City Commission Monday on the prospect of building a city skatepark.

"We do get hurt riding big ledges and big shelves," said Austin Brown, a student at Birmingham Seaholm High School. "But that's what we like to ride. So if you are going to build a skate park, make it street oriented. Kids won't ride two-foot high ramps."

When skaters ride outside of established parks, they leap, slide and zigzag around just about anything. A set of steps, a handrail or a concrete incline are perfect proving grounds for one of the fastest growing sports in the country.

"I really hate having to go to Jacobson's and defacing the ledge," said skater Michael Myer. "...The police stop you and say you are vandalizing the city. I don't want to do that... I want to be good to my city."

Myer and Brown were two of about 20 children who showed up to ask the city to proceed with plans to build a skate park.

The students were a bit shy at first, but they soon began telling city officials how to avoid ending up with a park that few skaters would use. They said they needed plenty of room and big enough equipment to learn advanced tricks. And the more expensive cement construction was far better than the portable ramps the city is planning to use, they said.

As the demands grew, a parent advised the skaters that any park would be better than none. And insisting upon having the biggest and best could kill the whole concept, she warned.

The warning worked as the talk turned to the need for building the city's first skate park.

"I'm just a beginner," said Michael Nelson. "I don't get to practice much because the other parks are too far away. We need this."

Another skater offered to help raise money if the city lacked the money to build a skate park.

The Birmingham Parks and Recreation Board recommended converting a 120-foot by 120-foot section of a city lot adjacent to Kenning Park into a park for skateboarders and in-line skaters. The parking lot is near the city's ice arena on Lincoln near Eton Street.

Ann McBride, a member of the parks board, said the location is suitable because the city won't have to buy land. She also said it's close to city staff but far from residential areas. Its proximity to the ice arena will allow outside patrons to use the same refreshment stand and restrooms that ice skaters have used for years.

The basic plan calls for a section of the lot to be resurfaced and fenced off. The city would then install modular obstacles such as ramps and stunt rails that could be moved or altered periodically. Another option is installing permanent cement pools that cost much more and cater to advanced users.

The parks board asked the Birmingham City Commission for permission to hire a consultant to do a feasibility study. The $15,000 study would make sure the city ends up with the best possible park for the city's needs. The commission approved the move on the condition that the consultant would have a clean slate going in.

When and if the consultant ends up with a formal plan for a skate park, the commission will have the final say on whether it gets built.

McBride said she hopes something will get built by spring. Preliminary estimates peg the cost of a park at $200,000.


2) City buys into $100,000-plus sign design plan

Dec. 1, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Anyone who has trouble getting around Birmingham will get help -- the city has agreed to spend more than $100,000 to design a sign system.

Carter & Burgess, a national architectural firm with offices in Bingham Farms, was hired Monday for a base salary of $98,750 plus travel expenses.

The hire came over the objections of City Commissioner Rackeline Hoff.

"I'm somewhat uncomfortable with Carter & Burgess," said Hoff. "Their Web site says nothing about wayfinding. The majority of their staff is from out of town and the lead designer is from Denver."

Hoff said she would have a preferred a company that had a better understanding of Birmingham.

A representative of Birmingham architectural firm Rossetti Associates complained that the city's bid process was inadequate. He said his company would have bid on the job had it known about the project. Tom Markus, Birmingham city manager, said the city followed the standard bidding procedure of placing an ad in a daily newspaper and advertising on Bidnet -- a Web site that many municipalities use -- and received three proposals. Markus said the city sometimes invites local companies to bid on work but didn't in this case.

Members of the commission confirmed proper bid procedures were used then awarded the contract to Carter & Burgess.

Joseph Labozan, company vice president, promised to work with residents in the community to devise a set of signs that would fit the character of the city. The aim is to establish a system of words and graphics that will inform and direct people downtown and throughout the community. Public art may be an integral part of the wayfinding program.

The job is supposed to be done by Dec. 31, 2003. The cost of new signs wasn't included in the contract.


3) Opinion: Keep close tabs on city spending

Nov. 28, 2002

From the Birmingham Eccentric

The tab is climbing: $574,500 for a small section of sidewalk that is likely to get little use, and $98,000 to redesign the city's signs.

These are recent expenses approved by the Birmingham City Commission. We question if this is a wise use of taxpayers' dollars.

Birmingham has had a history of splashing money around with dubious results. The Shain Park design plan of 1997 cost $260,000 and produced nothing. Urban planner Andres Duany has been lured back to take another look at Shain Park for $10,000.

The city made a major production of choosing its city colors. And the city turned down $280,000 from the Michigan Department of Transportation to revamp an intersection on at Woodward and Old South Woodward.

These days, communities across Michigan are starving for money.

Birmingham is signing checks like they are scrap paper.

This city is in fine financial shape. It is one of just three cities in Michigan to get a AAA bond rating. But that is no reason not to value every penny and make the most of every dollar.

No one could fault the city for trying to make it an even better place to live. But do we need a "wayfinding" program?

When was the last time someone got lost in Birmingham? And where is the perceived clutter of street signs? Do we need to spend nearly $100,000 to clear the clutter, if it does indeed exist?

These kinds of questions should be asked routinely whenever the city considers an expenditure, especially those in the six-figure range. There may come a time when Birmingham will look back on these expenditures and rue the day money was spent so casually.

Every expenditure should be scrutinized with an eye to the future and with the assumption that each dollar must be spent wisely.


4) Birmingham trims 'virtual' fees

Dec. 1, 2002

From the Birmingham Eccentric

By Larry Ruehlen

It will no longer cost $600 for a permit to paint a front door in Birmingham's business district.

Earlier this year, merchants complained that the city charged unreasonably high permit fees for simple projects like new signs or facade improvements. They said permit costs often exceeded the cost of the improvements.

At first, city officials said the fees were not only necessary, but also agreed upon by the Principal Shopping District -- a taxing authority with a board comprised primarily of business leaders. They later relented and said they would try to work out a deal to lower the fees.

A deal was approved Monday that substantially reduces all "virtual-reality" fees.

Before the rules were adopted by the Birmingham City Commission, merchants had to pay $600 every time they made a small improvement to the facade of a building and $150 when a new sign went up. Fees for new construction started at $6,000 and went up depending on the size of the building.

The new fees are $50 for facade improvements and signs and $500 plus 2 cents per square foot for new buildings To reduce the fees, the city had to buy its own computer software and training for $7,100 and agree to have the PSD chip in some $8,000 per year to fund updates to the city's computerized virtual reality model of downtown.

Vantage Point Technologies, which spent $600,000 developing the model, changed the way it does business and now sells the software to design professionals. It once concentrated on selling to municipalities.

The virtual reality model allows city officials to see the impact of proposed construction before it happens. Birmingham is the first and only city to use the technology, which produces a computer rendering of storefronts, alleys and just about everything else in the city.

Planners use the model to see how proposed buildings fit in with surrounding structures.

Several recent developments are not in the city's model because the program wasn't in effect when they were first proposed. But it may only be a matter of time until buildings like the Willits and Palladium are added, said Birmingham City Manager Tom Markus.

"Everyone comes back to city hall eventually," he said. "That is our opportunity to convince them of the value of this project."


5) McEntee named Chamber's First Citizen

Dec. 1, 2002

From the Birmingham Eccentric

By Greg Kowalski

"I want to feel like I'm part of something and make a difference. There are wonderful opportunities to contribute."

Sheila McEntee has made those words come alive many times in the past 15 years or so since she and husband, Darryl, moved to Birmingham.

Her list of volunteer activities is as impressive as it is extensive. Among other - many other - things, she was co-founder of the Quarton Lake Neighborhood Association and served as its secretary and vice president and as editor of neighborhood newsletter The Quacker.

She was the Quarton School PTA secretary, and the Quarton School representative on the Community Education Central Advisory Council. And she was a member of the Birmingham school board from 1996 to 2001.

There's more. She served as a member of the Birmingham Planning Board from 1994 to 1997 including being chairwoman in 1996-97, and is a member of the Birmingham/Bloomfield Taskforce on Race Relations and involved in numerous professional associations such as the Family Law Association of Michigan and the National Association of Social Workers.

For all that, and more, McEntee was selected as the Birmingham Bloomfield First Citizen and will be honored at the Birmingham Bloomfield Chamber Celebration of Service Dinner tomorrow at the Townsend Hotel.

"Sheila's commitment to diversity and her advocacy for the best educational opportunities for all are everyday, constant endeavors," said Laura Whitesides Host and Brad Host, in their nomination of McEntee.

"She is so self-depreciating she might tell you her greatest accomplishment is putting the little boy and little girl pictures over the bathrooms on the main floor at Quarton School ... No problem is too small when it comes to her involvement in the community."

For McEntee community involvement is a way of life.

"I think curiosity has a lot to do with it. It's wonderful to find out how things work," she said. Those things can be the functions of a city or a school district.

"One thing ties into another," she said. She got involved in the schools through her children and the city through the Quarton neighborhood association.

With the city planning board, she was involved with the creation of the Birmingham 2016 plan that was designed to help set the course of the city's development.

The 2016 plan is one of the accomplishments she is most proud of, she said. "We really saw the community come together," she said. "This was a great process."

The aftermath has been less satisfying as the plan was never formally or fully adopted although the city enacted ordinances to make it feasible. Perhaps too many ordinances.

"People pushed ordinances beyond what they had expected," McEntee said.

Yet the 2016 process showed how different elements of the city could come together for a common good.

"I have seen what a difference people can make when they work together," McEntee said.

The McEntees have been married for 24 years and had planned, reluctantly, to move out of Birmingham because of Darryl's job requirements.

That has since changed and they will remain in Birmingham.

"This is a nice place to live," she said with direct simplicity.


6) Three get nod for PSD board despite effort to tie appointments to a review of agency


Nov. 28, 2002

From the Birmingham Eccentric

By Larry Ruehlen

He stormed away with indignant defiance, but Birmingham merchant Richard Astrein was still reappointed to the city's Downtown Principal Shopping District Monday.

Still, the controversy may not be over.

"I'm respectful of the work these people have done, and I mean no insult," said Birmingham City Commissioner Donald Carney. "The intent is to bring this to the commission's attention."

Carney made the comment as the commission considered the reappointment of Astrein, Robert Benkert and William Roberts to volunteer positions on the PSD. Carney listed several concerns about how the PSD is run and said he wanted to table the appointments until the commission could study the issues at a January long-range planning session.

The speech touched off a contentious debate.

"What I see is a person (Carney) who would like to muzzle people in the PSD," said Birmingham resident Clinton Baller. "You say this is your best method to bring these issues to the forefront. You've had a year to bring this forward. Why couldn't you have held a meeting to talk about the PSD?"

Council watcher Dorothy Conrad also had some words for Carney.

"Isn't there enough turmoil in the business district without this?" said Conrad. "... You are not helping the business district at all ... look at the names. They are hard-working people and what you are proposing is insulting to them."

In the 2001 city election, Astrein and many other retailers in the PSD supported a slate of candidates that opposed Carney and displayed the political signs of his opponents in their store windows.

Astrein was first up for reappointment a few weeks after the 2001 election. At the time, Carney asked Astrein several pointed questions about the effectiveness of the PSD, and the issue of politics in local elections was raised.

Astrein was not reappointed and continued to serve for the next year without formally getting the position. Astrein left the meeting Monday when Carney posed the possibility of once again delaying the appointments.

Carney explained that he wasn't directly trying to insult anyone on the PSD board. He said he was concerned that the PSD gets some $100,000 per year from the Woodward Dream Cruise and questioned whether the money should go directly to the city. He questioned whether anyone on the PSD should talk to developers on behalf of the city or release statements to the media, when the commission is also charged with that responsibility. Carney also mentioned the past political activity of the PSD.

Commissioner Rackeline Hoff, whom members of the PSD also campaigned against in 2001, led the charge to reappoint Astrein, Benkert and Roberts. The PSD, as an organization, did not endorse or oppose any candidates. Hoff said they were volunteers doing their best to serve the city and their reappointment wouldn't preclude Carney from addressing issues in the future.

In the end, the commission voted 4-3 to reappoint all three members to the PSD. Newly-named mayor Seth Chafetz cast the deciding vote with little hesitation, leaving Carney, and fellow Commissioners Dante Lanzetta Jr. and Gordon Thorsby on the losing side of an issue for the first time in recent memory.

Carney has denied wanting to disband the PSD, but he did ask for a review that compared the budgets and operating policies of the 10 PSDs in the state earlier this year.

Before the PSD was formed, merchants would "pass the hat" to pay for marketing. Now they are all involved in a cooperative effort to promote downtown. The PSD now holds special events that draw people downtown including the Art Gallery Tour, Day on the Town and Jazz Fest.

The commission did agree to discuss the PSD at length at its Jan. 25 long-range planning session. A likely topic will be whether to continue the special assessment the PSD charges every year.


7) Stores hope for strong holiday sales

Nov. 28, 2002

From the Birmingham Eccentric

By Robin D'Angelo

Tempered by the closing of the Jacobson's stores, optimism is the key word in Birmingham this holiday season.

Despite misgivings by the Michigan Retailers Association, local merchants are continuing to remain optimistic about the level of crowds in the upcoming holiday shopping rush.

In a recent survey of retailers across the state, the Michigan Retailers Association expects holiday sales will grow just under 4 percent this year.

That's their lowest forecast since tracking began a decade ago.

"A bright spot is that more retailers than last year are forecasting holiday increases," said MRA chairman Larry Meyer.

"We continue to see solid retailer optimism, although it's tempered by the realities of a slow-growing economy."

Birmingham Bloomfield Chamber of Commerce Director Chris Winans said despite the negative results of the survey, she expects sales to be very good in downtown Birmingham.

"I think optimistic is the way to be this season, and all of our store owners are very optimistic," Winans said.

"Especially with the addition of some beautiful new stores like Graziella and Harvey's, there are some wonderful reasons to come to downtown Birmingham if you haven't already."

Melissa Sundling, manager and buyer at Frankie & Debbie's, 120 W. Maple, said she expects the store to be busier when holiday hours begin two weeks before Christmas.

"We've been a lot busier on the weekends than the weekdays, but we expect that to change after Thanksgiving, especially when we're open until 9 p.m.," Sundling said

Shelley Littman of Adventures in Toys, 163 W. Maple, said with the early Hanukkah this year, it will be like two seasons in one for the store.

"Although Jacobson's' closing has hurt Birmingham shopping, we've had good crowds so far," Littman said.

"It's going be a good Christmas."

But Karen Daskas, who owns Tender, just across the street from the vacant Jacobson's store on Maple, has a different perspective.

"Since the closing of Jacobson's there has been a very noticeable decrease in the level of foot traffic," Daskas said.

"When we sit in Tender, I have a full view of what's going on in the street. We have no foot traffic."

As the holiday season is approaching, Daskas saw just a 5-percent increase in business in October. "This is not acceptable. We are very concerned."

But the staff at Harvey's Luggage on Pierce, which opened Nov. 21, is bracing for a larger crowd this Christmas.

Manager Jeff Higgins said that because fears of traveling have gone down since last year, more people are resuming their regular routines.

"We're expecting a bigger Christmas crowd this year than we had last year, since travel was down last year due to 9/11.

"However, fears of traveling are going down now, and people always need luggage.

"From the 20th on, we'll probably be very busy."


8) Lanzetta offers yet another ethics code draft

Nov. 28, 2002

From the Birmingham Eccentric

By Larry Ruehlen

After months of revisions to a proposed ethics ordinance, the Birmingham City Commission trashed much of the last draft and decided to pursue one offered by Commissioner Dante Lanzetta Jr.

"It's far easier to read and it's shorter and simpler," said Commissioner Donald Carney. "But I still like the idea of an ethics board."

Lanzetta said the work wasn't entirely his, but was a combination of two existing ordinances from Laguna Beach, Calif., and Farmington Hills.

Lanzetta focused on eliminating conflicts of interest and using one's public office or city job for personal gain.

The idea of an ethics ordinance was first raised by the Birmingham Presidents' Council of Homeowner Associations, which said one was needed to eliminate the possibility of corruption in City Hall.

The council offered an ordinance, but it was set aside for one that City Manager Tom Markus, City Attorney Tim Currier and City Commissioner Don Carney, who is also an attorney, worked on.

The commission asked Currier to check Lanzetta's version for possible legal problems and add a section on the formation of an ethics board as well as a disclosure clause that would force city employees and elected and appointed officials to reveal their business interests to the public.

Markus said if the city ends up with an ethics ordinance, having an ethics board would be a good idea.

"The ethics board allows a great deal of independence," said Markus. "It removes it from the very people who may be involved."

Markus said those appointed would have to be well-respected people in the community who don't have political axes to grind.

"Look for a retired judge who hasn't been indicted," said Markus. "Look for a longtime ex-commissioner who everyone agrees served the community well."

City Commissioner Rackeline Hoff remained cautious about the possibility of establishing an ethics ordinance.

"Does this send a message that we trust no one?" said Hoff. "Up to now, we have trusted people on their word."


9) City gets top bond rating

Nov. 24, 2002

From the Birmingham Eccentric

By Larry Ruehlen

With confidence in the city's finances soaring, two national agencies have upgraded Birmingham's bond rating to AAA -- a rating shared by only two other cities in the state.

This is a very comprehensive rating process," said finance expert Robert C. Bendzinski. "The rating agencies don't give these away very often. It (the rating) has to come from strong fiscal management of the city."

Bendzinski owns Bendzinski & Co., a finance company that helped the city sell $15.7 million in bonds for recreation projects.

Standard & Poors and Fitch Ratings upgraded Birmingham from a AA rating to AAA. The other major agency, Moody's, rated Birmingham AA+.

The AAA rating is the highest a city can get and is a sure sign of financial stability, said credit analyst Jane Ridley.

"Standard & Poor's expects that the city will continue to maintain its good financial performance and fund balance levels, as well as maintain strong management of its operations and debt profile," said Ridley.

As for what the rating means to residents, Bendzinski estimated it will save taxpayers $500,000 over the 20 years it will take to retire the recreation bonds. And issuing future bond will be all the easier with the upgraded rating.

The rating process also revealed the following about the Birmingham finances:

* Birmingham's total tax base is $1.5 billion.
* The city's total market value is $4.1 billion, or $214,000 per capita.
* Residents have a median household income of $80,000 per year.
* The city has some $4 million in undesignated reserves.
* Birmingham City Manager Tom Markus reflected on the good news.

"It is a real indicator to our citizens that they can have confidence in the job that city officials are doing."

Many officials gave much of the credit to Birmingham Finance Director Sharon Ostin.

The other to cities with AAA bind ratings are Troy and Bloomfield Hills.


10) Decision pending on code of ethics

Nov. 24, 2002

From the Birmingham Eccentric

By Larry Ruehlen

A long-awaited decision on whether city employees and officials will have to abide by a code of ethics will be decided tomorrow.

But after months of debate, the Birmingham City Commission appears divided on the issue.

"There is no higher priority that we as government officials have than to build a greater trust," said Commissioner Gordon Thorsby. "The development of an ethics ordinance is fundamental to guarantee that trust."

Commissioner Rackeline Hoff struck a more cautious tone.

"I think having a simple ethics statement that people could sign is more in line with what I would find acceptable," said Hoff. "I felt the last version went too far."

The idea was put forth by the Birmingham Presidents' Council of Homeowner Associations, which cobbled together a sample ordinance using language from existing ordinances in other communities.

Members of the President's Council have said an ethics ordinance is necessary to eliminate the possibility of corruption at city hall. During the past few years, the city has investigated several charges of corruption and improper behavior but no one has been charged with a crime. Some cases involved development projects, but there were also allegations of campaign irregularities in local elections.

The council's version was set aside, but a second effort between City Manager Tom Markus, City Attorney Tim Currier and City Commissioner Don Carney proceeded.

Michael P. Salhaney, an attorney with the city's law firm, warned that sections of the suggested ordinance could be against the U.S. Constitution.

Commissioner Dante Lanzetta Jr. raised a slew of concerns including a section that may infringe on freedom of speech to another that could limit one's employment opportunities.

He advised the city's legal staff to take yet another crack at the ordinance and the commission, after a lengthy debate, voted 4-3 to have Currier do that. After a month of revisions, Currier said the constitutional concerns have been addressed. He also said there is a concern that an ethics ordinance could stop good people from applying for city jobs and political offices.

"It's a lot easier changing the price of a dog tag than adopting an ethics ordinance," said Currier. "Is it overkill? That's the concern everyone is wrestling with."

Ethics ordinances are common in other cities and most have provisions that, among other things, require officials and employees to disclose outside business interests and refuse gifts in exchange for favors. The city of Farmington Hills has a three-page guide on ethics for employees, and violators of the rules can be fired.

The last version of Birmingham's ordinance included an ethics board that would conduct inquires on possible breaches of ethics and report to the commission. The commission would then be responsible for disciplining appointed officials, and the city manager would handle city employees.

There was no provision for disciplinary action against commissioners because voters have the right to recall them at any time by city charter.

Lanzetta opined on the question of whether Birmingham residents would have more faith in local government with an ethics ordinance in place.

"I would hope so, but Birmingham is only a small part of a larger society beset with skepticism," said Lanzetta. "For a long time, government has been the easy target, but corporate scandals have broadened the cloud. In such a climate, an ethics ordinance may be the least we can do."


11) City status a possibilty for Bloomfield Twp.

Nov. 24, 2002

From the Birmingham Eccentric

By Sam Tricomo and Larry Ruehlen

The idea of becoming a city might gain momentum in Bloomfield Township now that an agreement to allow developer Craig Schubiner to build his proposed $1 to $2 billion Bloomfield Park project appears certain.

In order to prevent another annexation attempt by neighboring Pontiac, the township might have to consider the switch as Michigan law only allows cities to take land from townships and villages.

"I'm sure the board will have to look at that in the future," said Bloomfield Township Treasurer Dan Devine.

Devine and the rest of the township's Board of Trustees recently reached a tentative four-way deal to end law suits stemming from Schubiner's plan to construct several high-rise buildings on land he owns at Telegraph and Square Lake roads.

Those involved with the deal are not talking about it until public hearings describing it are held. The township will discuss the matter in an open meeting Monday, at 7 p.m., at township hall.

Schubiner had been working with township officials for several years on gaining approval for his project but was refused because its scope did not fit their zoning regulations.

The developer took his case to Pontiac where zoning laws allow for the taller, more dense developments like that proposed for Bloomfield Park. Voters in that city approved a plan in September, 2001, to take jurisdiction of the land from the township under the state's annexation law.

Bloomfield Township attempted to circumvent the annexation by entering into a protective agreement with Birmingham over the land.

That deal, known as an Act 425 agreement, remains in effect on portions of the land and will serve as a protection for the township until 2006.

But incorporating into a city comes with a price tag.

Cities are expected under law to provide certain services like a department of public works. Bloomfield Township already operates its own road program.

Those things are provided in Bloomfield Township, but Devine said he would be most interested in seeing how the tax obligations of residents would be changed by the switch.

"I would be very cautious with making the change. I certainly would want to know what it is going to mean to taxes," he said.

Though an elected official, Devine, as well as Supervisor Dave Payne and Clerk Wilma Cotton are also paid employees of the township.

In its current form of government, Payne serves as leader to the Board of Trustees and generally the CEO of the township.

His role, as well as that of Devine and Clerk Wilma Cotton could change under a new city designation.

Cities are typically run by managers who are appointed or hired by commissions or councils.

"But we have a clean slate here and any new city charter could be created to reflect what the people want," Devine said.

The creation of a city charter is, by law, an open process where a series of public meetings are required.

Annexation has become an issue in the area in recent years. In March, neighboring West Bloomfield faced an annexation attempt residents near Cass Lake sought to become part of neighboring Orchard Lake because they feared the township was planning major development to land near their homes.

That movement failed on technical grounds but served to keep the issue in the forefront.


12) Roads an issue with Bloomfield Park

Nov. 24, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Not a penny will be spent to improve Square Lake or Telegraph Roads under the proposed settlement to allow the controversial $1 billion Bloomfield Park development to proceed.

Rush-hour traffic on those roads already bottlenecks as motorists head south in the morning and north in the evening. And despite the fact that the new development may bring some 4 million square feet of office, hotel, retail shopping and residential space to the region -- which would in turn bring thousands of motorists per day -- the lengthy settlement agreement does not address major road improvements.

Rob Morosi, spokesperson for the Michigan Department of Transportation, commented on whether the state will be left holding the bag.

"The development can't be landlocked," said Morosi. "When they apply for building permits, the state will require a traffic impact study... and the developer will have to maintain the current level of service for both roads."

Morosi said the 4 million square feet of new space would add significant traffic to the area, but he also said there are no plans to widen either Telegraph or Square Lake. He said additional dedicated turn lanes and traffic signals may be needed to maintain the traffic flow.

The Bloomfield Park settlement will be discussed in separate public hearings Monday as officials in Bloomfield Township and Birmingham ponder whether to end a dispute with developer Craig Schubiner, of Harbor Companies, and the city of Pontiac. The hearings will be in Birmingham city hall and Bloomfield Township town hall, respectively, with the township meeting at 7 p.m. and Birmingham at 8 p.m.

Schubiner once proposed a $2 billion development with 9 million square feet of new space and buildings as high as 20 stories. Controversy erupted when township officials objected to the density and scale of Schubiner's first development proposal. The plans didn't conform to existing zoning laws and several lawsuits followed. Schubiner then took his proposal to the city of Pontiac, which set out to annex the site.

Under Michigan law, a city can annex land from a township if area voters approve. Voters did approve that more than a year ago but appeals and lawsuits kept the case pending in court. Birmingham also joined the fray by entering an Act 425 Agreement with the township.

Terms of the proposed settlement transfer land for the development from Bloomfield Township to the city of Pontiac, which will provide all governmental and economic development services at the Bloomfield Park site.

Although the Bloomfield Park residents will vote in Pontiac and be part of the Pontiac School District, the two communities will share tax revenue from the site. Bloomfield Township will get 3 mills and Pontiac will get 13.5 mills.

A three-person panel consisting of a person appointed by the township and Pontiac, and a third person chosen jointly by the township and city will oversee development plans.

Also as part of the agreement, the city of Birmingham will amend the alliance it formed with Bloomfield Township. Birmingham will still control acreage that fronts Telegraph Road and get tax dollars from the township. Continuing the 425 Agreement with Birmingham will protect Bloomfield Township from future annexation efforts from Pontiac until 2006.

Pontiac held a public hearing Thursday but did not vote on the agreement. Some residents in Pontiac questioned why the township should get any tax money from the deal. Another Pontiac public hearing is scheduled for Wednesday.

Officials are under a court order not to discuss the terms of the agreement until the public hearings are held in Pontiac, Bloomfield Township and Birmingham.


13) City welcomes Chafetz as first gay mayor

Nov. 21, 2002

From Pridesource.com

By Sharon Gittleman

The city of Birmingham has its first openly gay mayor.

On Monday, the Birmingham City Commission unanimously voted to name their colleague, Seth Chafetz, mayor of their community. Birmingham periodically rotates the positions of mayor and mayor pro tem, the city's second-in-command, among the elected commissioners. Chafetz, who has served on the commission since he was first elected in 1999, previously served as mayor pro tem.

The Birmingham vote comes as a strong contrast to the actions of politicians in neighboring communities. In one nearby city, a candidate printed campaign materials that used his straight opponent's stand for equal treatment under the law for gays as an indictment of his opponent's suitability for office. Other local and state candidates also pilloried straight office-seekers identified as "gay-friendly" in the media.

In Birmingham, Chafetz's sexual identity was a non-issue.

Outgoing Mayor Dianne McKeon looked puzzled when asked whether electing a gay mayor was a factor for her colleagues.

"What's the big deal?" she asked. "I don't see it as an issue."

"The real issue is whether I'm a good mayor and do my job," Chafetz said.

According to Chafetz, his primary duty will be to facilitate the sometimes contentious City Commission meetings.

"I'd like to set the example of how to conduct yourself," he said. "My behavior is reflective of the city."

In his first speech in office, Chafetz also announced his intention to focus on finalizing the city's ethics ordinance and make improvements to the community's physical environment.

Dozens of well-wishers turned out to watch Chafetz voted into office, including family members, friends and neighbors.

Chefetz's stepfather, Grant Hilliker, and his mother, Adele Hilliker, came from Ohio and sat in the front row to see their son named mayor.

"I was a City Councilman in Falls Church, Virginia during the 1950s," said Grant Hilliker. "I enjoyed it."

Chafetz's elderly mother daubed tears from her eyes as she watched her son take his oath of office.

"It's very exciting," she said. "I was at his Bar Mitzvah, his college graduation and his skating competitions. Never in a million years did I think I would get to see this."

Former Birmingham Mayor Chuck Moss, who currently serves as an Oakland County Commissioner, also watched the swearing-in ceremony.

"I came to applaud Seth," he said. "I supported him as a City Commission candidate and I support him as mayor of Birmingham."


14) Opinion: Issues still linger with settlement

Nov. 21, 2002

From the Birmingham Eccentric


While a tentative agreement has been struck, the development of Bloomfield Park - if it actually occurs - could still be a long way off.

How the economy will impact the proposed $2 billion development at Square Lake and Telegraph is uncertain. Even in good economic times, $2 billion is a mighty big investment.

In any case, the township got about the best deal it could have from this arrangement, although it certainly is far from what it wanted, which was no development at all.

But at least, under this agreement, the township will get a portion of tax revenue from the site. But in reality, it has lost the property to Pontiac.

Still, it could have been worse. This had the potential to erupt into an ugly confrontation between the township and Pontiac. As it was, this was probably to closest thing the township has seen in a divisive issue in years.

But it underscores the changes in dynamics that are occurring. For decades, Bloomfield Township has been an upscale community that took such a low profile that it didn't even have welcoming signs identifying the community.

These days, the township actually has been facing financial troubles, as was demonstrated by the need for the recently-passed public safety millage.

Times, indeed, are changing.

As this deal moves forward the township must continue to play a critical role in the development. Under terms of the agreement, the township will have an oversight role and the ability to help determine what goes where on the site.

And once again, we raise the question: Should Bloomfield Township incorporate as a city?

So long as it remains prime real estate, it remains fair game for further annexation. Granted, this particular site made annexation somewhat easier because of its low residency rate and position next to Pontiac. But that doesn't preclude someone from trying it again, and dragging the township into another long, expensive legal battle.


15) Opinion: Skate park is appropriate

Nov. 21, 2002

From the Birmingham Eccentric

It isn't a big thing, but Birmingham is making plans to create a skate park by next summer.

The park will be located on what now is a parking lot on Lincoln near Eton. It's a good choice for a skate park because it is a distance from residential areas and close to the ice arena, and its refreshment stand.

For years, skaters have been asking for a site. It's clear that skateboarding and in-line skating are here to stay as legitimate recreational activities, not just a fad.

Birmingham offers an wide range of recreational activities. Skating deserves to receive the same consideration as others. A skate park is most appropriate.


16) Commission picks Chafetz as mayor

Nov. 21, 2002

From the Birmingham Eccentric

By Larry Ruehlen

A once-disgruntled resident is now the mayor of Birmingham. Seth Chafetz, who originally ran for the Birmingham City Commission because he was unhappy with the way a neighbor stored debris behind a garage, was sworn in as Birmingham's latest mayor Monday.

"This is my honor to serve my favorite city," said Chafetz. "As a candidate for the commission three years ago, I ran on the issues of process, civility and responsiveness. We are your city commissioners. We are here to serve the needs of the community... We are here to debate the issues, gather the information... and set the direction for our town.

"As your mayor, I will expect business to be conducted in a friendly, civilized and respectful manner. I remember all too well what it's like to attend a city commission for the first time," said Chafetz. "I welcome and cherish participation from all the members of the community and am looking forward to talking to many people in the next year.

"Our city has much to look forward to... we will be discussing what to do with the Barnum property (site of a future community center), the expansion of Shain Park, continued environmental improvements along the Rouge River walking trail," said Chafetz. "And appropriate protections for city trees and those on property undergoing construction. We will continue to implement the 2016 Plan and the award-winning parks master plan. We will finish on the ethics ordinance and much discussion will take place on maintaining and improving our wonderful and beautiful neighborhoods."

Chafetz also said he would continue to make sure future generations enjoy tree-lined streets. His speech was greeted with a round of applause as was that of outgoing mayor Dianne McKeon, who received two standing ovations for her parting words.

"It was as much fun being the mayor as it was work," said McKeon.

Donald Carney was also chosen Mayor Pro Tem.


17) Opposition to Bloomfield Park plan fading

Nov. 21, 2002

From the Birmingham Eccentric

By Sam Tricomo

Opposition to the agreement worked out between parties involved in the contentious Bloomfield Park plan could be minimal during Monday night's meeting of the Bloomfield Township Board of Trustees.

The main group involved in opposing the estimated $2 billion project, Bloomfield Citizens for Detachment, will be there, but members are not planning to object to the agreement reached last week by Pontiac, Birmingham, Bloomfield Township and developer Craig Schubiner.

"I'm in support of the agreement," said Citizens founder John Richards. "I don't think anything will be solved by objecting to this. Nothing will get done, and it will just drag on and on."

Officials from all parties involved in the dispute are under court order not to discuss terms of the new agreement, according to court-appointed facilitator George Googasian.

Both Birmingham and Bloomfield Township will hold public hearings Monday, Nov. 25, in city hall and town hall, respectively. The township hearing will be at 7 p.m., and the Birmingham meeting will be at 8 p.m. Both meetings are designed to gauge residents' attitudes toward the new agreement.

While little has been made public about the agreement, the general concession achieved by the township appears to be the "tiered" approach of the project in terms of scale and size with smaller, three-story buildings fronting Telegraph. Behind those, five- and eight-story buildings will be constructed.

"So it's not like you are going to have these huge buildings right off Telegraph," Richards said.

The township, city and the developer have been locked in complicated court battles for more than two years since the Harbor Companies development firm announced plans to develop the 75-acre site at Telegraph and Square Lake with a $2 billion residential and commercial project. The township immediately opposed the plans, claiming the proposed high-rises violated township zoning ordinances.

Under terms of the agreement, the land will be transferred to the city of Pontiac, which will provide all governmental and economic development services at the Bloomfield Park site.

Although the Bloomfield Park residents will vote in Pontiac and be part of the Pontiac School District, the two communities will share tax revenue from the site.

A three-person panel consisting of someone appointed by the township and Pontiac, and someone chosen jointly by the township and city will oversee development plans.

Also as part of the agreement, Birmingham will amend the alliance it formed with Bloomfield Township to assume control of the land, essentially allowing Birmingham to bow out of the picture, although their agreement technically will stay in place until Aug. 30, 2006.

After the public hearings, Birmingham, Bloomfield Township and Pontiac officials will have to formally approve the settlement. This should end the seven lawsuits and appeals that are pending in the Michigan Supreme Court, Oakland County Circuit Court and the Michigan Tax Tribunal.

Schubiner had proposed his development plans to Bloomfield Township. But the township rejected them, saying the proposed high-rises did not conform to existing zoning and did not fit the character of the community.

"I think in the end if Schubiner would have just stuck it out and negotiated with the township, they would have landed at this anyway and he wouldn't have to pay those high tax rates to Pontiac," Richards said.

In September 2001, Schubiner took his proposal to Pontiac, which set out to annex the site. Under Michigan law, a city can annex land from a township if voters in the area approve.


18) Birmingham will get township property

Nov. 21, 2002

From the Birmingham Eccentric

By Larry Ruehlen

A chunk of Bloomfield Township may yet become part of Birmingham.

Last week, Bloomfield Township and Pontiac announced an agreement that would pave the way for a major development at Telegraph and Square Lake roads.

That development, a $2 billion residential and commercial project called Bloomfield Park, was the subject of several lawsuits between the township and developer. Birmingham stepped into the picture by entering an Act 425 Agreement to transfer Bloomfield Township land to Birmingham.

Critics said the agreement was a sham that was intended to thwart Bloomfield Park and that Birmingham and Bloomfield Township had no plans to develop the property.

A judge placed a gag order on city officials, and none has said much. But documents obtained by The Eccentric show that the city and township are proceeding with an amended version of their agreement, which does involve a transfer of land to Birmingham.

The document offers a legal description of the land but doesn't indicate how many acres are involved. The land described for possible transfer to Birmingham fronts Telegraph. Birmingham originally was to get 89 acres of land. The amendment is likely to cut the amount of land transferred to Birmingham roughly in half.

Birmingham and Bloomfield Township will hold public hearings on Monday, Nov. 25, in city hall and town hall, respectively. The township hearing will be at 7 p.m., and the Birmingham hearing is scheduled for 8 p.m.


19) City set to sign 'wayfinding' deal

Nov. 21, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Splashy neon signs won't be part of Birmingham's wayfinding project, said Joseph Labozan, vice president of Carter & Burgess, an architectural firm that helps people navigate through cities.

Labozan came before the Birmingham City Commission Monday to talk about the process that could lead to the city establishing its own system of signs.

"The discovery is finding out what character of signs will work in your community," said Labozan. "Nothing would be presented that doesn't reflect the character of your community."

Labozan was responding to concerns that his designs commonly use flashy colors and vibrant images - both of which aren't common in the traditional atmosphere of Birmingham.

The slide show presented Monday offered images of Labozan sign designs for the boardwalk in Atlantic City, downtown Colorado Springs and the Miami International Airport. Most of the sign schemes were bold, but they reflected the wishes of those communities, said Labozan.

Historically, Birmingham has involved citizens in decisions on everything from choosing the official color of the city to major projects like a downtown development plan. Most decisions involve many meetings of the minds and eventual consensus.

Labozan said if given $98,000 and a year's time, he could follow the city's process and come up with something that will find favor with everyone.

"It seems like half our job is facilitating agreements between end users," said Labozan. "And part of what we bring to the table is our ability to show the options, work through the design process and defend in the best manner possible something that will work for everyone."

Gary Kulak, chairman of the Birmingham Planning Board, said the city commission should hire Carter & Burgess to develop an effective wayfinding program to eliminate the glut of signs in town. The aim is to establish a system of words and graphics that will inform and direct people downtown and throughout the community.

The majority of the commission was for the concept but some were concerned with the contract language. Birmingham City Commissioner Rackeline Hoff said she wasn't sure who would pay for travel expenses and that bothered her because Carter & Burgess employees would have to fly to Birmingham from other cities.

The commission eventually voted to hire Carter & Burgess provided the city can come up with a clear contract that both parties agree to. That contract will be before the commission for possible approval at its 8 p.m. meeting Monday at 151 Martin.


20) Fuller wins bidding for Jacobson's Maple site

Nov. 21, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Edward Fuller emerged from U.S. Bankruptcy Court in Detroit Tuesday owning the former Jacobson's store on Maple Road. But a last-second bid nearly turned the deal upside down.

"I thought the judge made the correct decision," said Fuller, calling from a cellular telephone while riding back to Birmingham from court. "I don't think there was a warm, vertical body on the face of the earth that (Josh) Joseph didn't try to get a bid from. Everyone knew about this in time."

Fuller was reacting to a bid from three Downriver investors that came in at 6 p.m. Monday -- hours after the deadline for the auction that was to decide the fate of the store came and went.

Josh Joseph is a Chicago-based agent with Hilco Realty, the company that is selling Jacobson's assets. He was aggressively seeking bids, and the offer that could have topped Fuller's deal had to be at least $4.5 million.

But when U.S. Bankruptcy Judge David Stosberg rejected the second offer, Fuller's $4.2 million bid was declared the winner.

Jacobson's -- Birmingham's retail anchor store since 1950 -- went bankrupt earlier this year, and city officials have said recruiting another department store is key to the vitality of the downtown.

While all department stores initially passed on the chance to bid for either of the Jacobson's stores in Birmingham, Lord & Taylor has reportedly offered to spend up to $20 million to build a new store provided it doesn't have to pay for land or rent.

When asked if he would call Lord & Taylor, Fuller said "absolutely, we are already on the phone." Fuller also said he would call every other department store that could possibly be good for Birmingham.

Lord & Taylor also proposed a collaboration with the city, but nothing came of it. Lord & Taylor officials have refused to comment on the possibility of coming to Birmingham.

Fuller's latest acquisition offers 102,000 square feet of prime real estate. And while retailers are anxious to see what will become of the store that once attracted throngs of holiday shoppers downtown, Fuller said he hasn't established a time line for its redevelopment.

"We hope to get a department store, but at some point you have to throw in the towel if it becomes clear it won't happen," said Fuller. "And if that occurs, office would be the only remaining alternative."

Birmingham Mayor Seth Chafetz summed up his opinion of the deal.

"Fuller has a reputation for getting things done," said Chafetz. "The worst possible thing for the city would be for nothing to get done, so I think it will be fine."

The Birmingham Planning Board is researching the possibility of requiring office developments to provide on-site parking.

Currently, offices downtown are allowed to pay a special assessment in return for parking privileges at city garages. Brian Blaesing, a member of the planning board, once expressed concerns that the change would stop construction of office buildings and that the move could be seen as an attempt to ensure offices are not built on either of the Jacobson's store sites.

Board chairman Gary Kulak denied the connection and said the board began talking about the change long before Jacobson's demise.

Fuller said the possible parking amendment could hinder the redevelopment of the Jacobson's site.

"We're in a Catch-22," he said. "The city doesn't need more $1 million condominiums, and height restrictions make it impossible to make a profit on affordable housing."

Birmingham City Attorney Tim Currier said Fuller will have to live with whatever zoning ordinances are in place when he files a preliminary site plan with the city.

If a department store like Lord & Taylor signs with Fuller, it could be years before it opens for business. The typical planning and construction process for major projects in Birmingham takes two to four years, and local experts have said the current structure is so outdated it will likely have to be torn down.

There is, however, a possibility it could be remodeled for use as an office building.

Fuller said the bankruptcy process offered "two exciting hours" that ended well. As for what he would have done if the judge allowed the higher offer to stand, Fuller said: "Luckily, we didn't have to make that decision."

Hilco still hasn't received an offer that creditors would accept for the former Jacobson's men's store on North Old Woodward. It remains vacant as the shopping season is set to begin.


21) Letter: Exhibit, talk to focus on Cranbrook

Nov. 21, 2002

Thought you would like to know that the Robert Kidd Gallery will open an exhibition on Dec. 7th titled "Cranbrook Fundamentals," featuring the work of Marshall Fredericks, Harry Bertoia, Zoltan Sepeshy and Bertold "Tex" Schiwetz.

These artists were the core group that helped establish Cranbrook Academy of Art as the preeminent institution it is today.

There will also be a lecture at the Community House on Thursday, Dec. 5th at 7:00 p.m. The speakers will be Joy Hankansan Colby, the noted art critic for the Detroit News, and myself, Ray Frost Fleming, Director of the Robert Kidd Gallery. We will talk about the history of Cranbrook Art Academy from a personal point of view with some very spicey anecdotes that reflect the times of that creative period, such as the visit of John Steinbeck and his dog Charley.

This is really wonderful event for the people of Birmingham/Bloomfield, and all are invited. Hope to see you there.


Ray Frost Fleming
Birmingham

22) Letter: It's time to restrain the Plan Board

Nov. 21, 2002

Any governmental body that steps beyond the bounds of its charter and authority is subject to public scrutiny and should be subject to public restraint.

It seems to me that Mr. (Gary) Kulak has determined that the Planning Board's authority is only limited to what he thinks it should be limited to, and that he can choose to define his actions as he sees fit.

I'm reminded here of Mr. Kulak's assertion during the public tree ordinance debate that "the ordinance would not require a resident to pull a permit to trim their trees" when the proposed ordinance clearly stated that pruning or substantially altering trees would require a permit. (Does the phrase "that depends on what your definition of 'is' is," ring a bell?)

I can only roll my eyes whenever I hear someone say that Birmingham does not have enough parking. I've worked in and around this town for years. I've shopped here since I was in high school. I have never, NEVER, had a problem finding a parking space. That includes peak shopping times of the year (Christmas).

That said, it usually occurs that the most visible decks and surface lots fill up first, but if people would just take the time to realize that there are FIVE decks in this town and that even if they parked in one as far away from the shop they wanted to visit, the walk would be about equal to one taken from the outer parking ring of any mall to a store in the mall. That may be asking too much of some folks, who expect nothing short of a parking spot IN the store they wish to visit; walking is after all a very difficult proposition in this day and age.

So too is growing up, and Birmingham continues to grow up, much to the chagrin of people like Mr.Kulak, who seem uncomfortable with any type of change.

Robert Lawrence
Birmingham

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