Board of Trustee Minutes

P. McCullough, Director, Planning and Building, noted that the item had been tabled to allow the applicant to return with a grading plan. The plan has been reviewed by HRC and Bloomfield Township. The original application stated that 1,000 cubic yards would be required; 2,379 cubic yards were added. A new site plan was submitted with elevations and grades shown. The applicant also provided a new landscape plan that conforms to Township policies and side setbacks. McCullough highlighted items that the applicant must meet should the Board choose to approve this request. A copy of the report is on file in the Clerk’s Office.

Dan MacLeish, Jr., landscaper, addressed the underground drainage and drainage at the lake. There is no sea wall permit, and there will be no construction of a sea wall. The trees on site will be preserved, if possible. The applicant agreed to meet recommendations by the Twp and Mr. Scott.

Attorney Ron Reynolds, representing Greg Capler, 1595 Kirkway, complained about insufficient information from the homeowner. He asked that the homeowner be required to post a $50,0000 – $60,000 bond to assure that work completed will be as approved on the plan.

Supervisor Payne stated that the owner would be required upon completion to provide a certified as-built plan to be reviewed by the Township. A bond was unnecessary.

Randy Ford, Hubbell, Roth & Clark (HRC), Senior Associate, addressed Mr. Scott’s concerns. Ford made suggestions to avoid erosion problems in order to slow storm water drainage. Regarding the trees, there is no intention to cut them down along the property line. The homeowner has pulled everything out of the 16 ft yard setback. There are 4 ft natural retaining walls.

Clerk Roncelli questioned the use of all white pines. Ford was not qualified to comment.

Trustee Stefanes questioned if the fill should have been removed. Mr. Payne said it should not. McCullough addressed this concern.

MOTION by Savoie and SUPPORT by Barnett to APPROVE the fill permit request as submitted with the recommendations of Township staff, HRC and the selection of trees in agreement with Mr. Scott and the homeowner.

AYES: Unanimous

P. McCullough, Director, Planning and Building Department, presented the proposal of 31 acres to create an industrial park. She noted the potential for 17 site locations. Each and every unit would require Board approval. Some existing residences will be demolished on Franklin, Fremont and Furse. Bloomfield Township’s wetland consultant reviewed the plan. Bloomfield Township’s wetland ordinance has been satisfied. McCullough noted that the cul-de-sac meets Oakland County and Bloomfield Township Fire Department specifications. This item has already been before the Planning Commission, Design Review Board and Wetland’s Committee. McCullough made recommendations and noted several items provided in the Board packets, including a request from the Fire Department for a second fire hydrant. A copy of the report is on file in the Clerk’s Office.

Clerk Roncelli questioned the reason for the calls from surrounding neighbors. McCullough responded that neighbors have shown concern regarding the length of time that this proposal has taken, concern that wooded areas will be disturbed and tentative purchase of homes in the area.

Patrick Raye, Developer/Owner of Bloomfield Technology Park, L.L.C., addressed the Board. Trustee Buckley questioned the type of business tenants. Raye stated that they anticipated quality, high-tech, up-scale businesses with a low density of employees. Trustee Savoie questioned the impact the development would have for the residents located on N. Berkshire. Raye addressed Savoie’s concerns.

The following residents addressed the Board:

James Wright, 370 Furse St.

Robert Mitchell, 350 Fremont

Kaywin Goodman, 236 N Berkshire

Lucille Peck, 374 Fremont

Ralph Garabedian, 236 N. Berkshire

Treasurer Devine noted that one lot is being preserved in perpetuity as a wetland area. He acknowledged the neighbors concerns, but noted that the property is zoned for commercial use.

MOTION by Devine and SUPPORT by Buckley to APPROVE the final site plan for Bloomfield Technology Park as submitted with all recommendations.

AYES: Unanimous

P. McCullough, Director, Planning and Building Department, presented the request for a Tavern License. Parking will remain as is and is in compliance due to a Certificate of Occupancy approval granted by elected officials in 2001. McCullough noted correspondence from surrounding residents. A copy of this report is on file in the Clerk’s Office.

Trustee Barnett questioned that if the Board approved this proposal and the service should change from a food line to a bar, would a review of license be required? McCullough stated that it would.

Trustee Savoie asked for clarification of the parking requirements for this development and McCullough addressed his concerns.

Lisa Hamameh, Attorney, Adkison, Need, & Allen, L.L.C., spoke on behalf of the petitioners, Omar and Saber Ammori, who are asking for a Tavern License. She stated that Fuddruckers is a restaurant, not a bar. also There would be no change in the use of the restaurant or in the hours of operation. The owner has two other restaurants that have a liquor license and there have been no complaints

Trustee Buckley inquired about the hours of operation: 11 a.m. - 9 p.m. during weeknights, and 11 a.m. – 10 p.m. on the weekends.

Clerk Roncelli asked for clarification of a Class C Liquor License vs. Tavern License. Derk Beckerleg, Township Attorney, stated that a Tavern License is for service of beer and wine, not hard liquor.

Trustee Savoie questioned the petitioner as to whether they were seeking a license to enhance their business. Ammori stated that most Fuddruckers have a liquor license and those businesses do approximately 95 percent food and 5percent beer sales.

Trustee Savoie noted his concerns in regards to the parking and congestion at this development.

MOTION by Stefanes and SUPPORT by Devine to APPROVE a Tavern License for Bogart’s, Inc. dba Fuddruckers Restaurant.

AYES: Stefanes, Devine, Roncelli, and Buckley

NAYS: Savoie, Barnett

P. McCullough, Director, Planning and Building Department, made note of the developer’s visit to the Board two weeks ago and the reason for his return. She noted requirements made by the Board at the meeting on Sept 26, 2005, and pointed out items provided to the Board in their packets. She then summarized the current condition for the Board’s consideration. It was noted that the applicant provided new plans at approximately 4:00 p.m. today.

The following made public comment on this issue:

Craig Schubiner, Harbor Property Management

Bruce Measom, Attorney, Harbor Property Management

Martin Stoneman, Attorney, Stanford United, L.L.C.

Derk Beckerleg, Bloomfield Township Attorney

Mark Schostak, Partner in Olga’s Joint Venture Restaurant

Ray Behling, Senior Development Manager, Schostak

Ed Kickham, Attorney, Craig Schubiner

Following public comment, the Board discussed a variety of concerns, possible solutions and the ramifications of those solutions. Attorney Beckerleg noted that it was a violation to install the curb cuts. He disagreed that the applicant had a valid site plan. The applicant’s refusal to meet all the requirements of the Board negates the site plan.

MOTION by Devine and SUPPORT by Barnett for the Stop Work Order to REMAIN until a new application and revised site plan are submitted, reviewed by the Planning Commission, and subsequently approved by the Township Board. The matter of loading access to Pier One has not been adequately addressed due to the closure of the curb cut, requiring that a new application form and revised site plan be submitted as soon as possible.

AYES: Unanimous

Supervisor Payne made note that this ordinance would help with internal staff costs.

Clerk Roncelli confirmed with Attorney Beckerleg that once the ordinance was adopted, the Board would have to establish fees by resolution.

MOTION by Barnett and SUPPORT by Roncelli to INTRODUCE Ordinance No. 564, Cost Recovery Ordinance.

AYES: Unanimous

Attorney Beckerleg introduced the ordinance and stated that this would bring Bloomfield Township in compliance with State law.

MOTION by Barnett and SUPPORT by Buckley to INTRODUCE Ordinance No. 565, 93-Day Misdemeanor and Increase Value Amendment.

AYES: Unanimous

P. McCullough, Director, Planning and Building Department, submitted the request for an Assistant Planner. She noted that she had presented this to the Board for the 2005 Budget. Due to the workload and the proposed master plan update, she requested that the Board go forward with approving this position for 2005 instead of 2006.

Trustee Savoie inquired about the salary which McCullough noted would be approximately $50,000 – $60,000.

Supervisor Payne referred to a memo provided in the Board packet from R. Perkins, Accounting, regarding the available funds in the budget.

MOTION by Savoie and SUPPORT by Barnett to APPROVE the request for hiring an Assistant Planner, Planning and Building Department.

AYES: Unanimous

Supervisor Payne introduced the proposal which is on file in the Clerk’s Office. He stated that there is a need to find permanent housing for seniors and a need for capital improvements in the Township. Payne recommended approval for two surveys: one could take place this fall and the other after the first of the year. Decisions must be made by May of next year regarding items that these surveys would affect.

MOTION by Barnett and SUPPORT by Stefanes to APPROVE the Mitchell Research & Communication Proposal for Telephone Surveys.

AYES: Unanimous

MOTION by Roncelli and SUPPORT by Devine to APPROVE payment of payroll and vouchers A001132 – A001166; B007996 – B008190; and E001590 – E001605 totaling $34,475,380.31.

AYES: Unanimous

Included in the packet for Board review:

Bloomfield Township Fire Department Monthly Reports, June and July 2005

Oakland County Miscellaneous Resolutions, # 05172 and #05231

Janet M. Roncelli

Bloomfield Township Clerk