An open letter to Jon Whitman.
NEW: Need a pot hole filled on your street? Click here.
Latest description of Whitman parcel from Steve Lennex.
E-mail some of the Bedford Watch members:
Kevin
Judy
Dennis
Doug
Jim
E-mail the Bedford Township Board:
Walt
Bob
Sherri
Larry
Gail
James
Paul
Call Bedford Township:
734-847-6791.
Check out the township board's agendas.
Have a Michigan question? Click here.
Monroe County general info- toll free:
888-354-5500.
Monroe County Departments &
Offices.
Wal Mart Watch.
Watch the free movies:
PBS movie.
Wal Mart movie.
Watch the Wal-Mart :35 Fact Commercial.
Read the Wal-Mart book for free.
Can't view something?
Download the free Adobe reader.
Absentee Ballot application.
Check out the Bedford Township planning commission's next agenda.
Bedford Township Boards and Committees Application.
Master Plan.
Whitman parcels.
Contact web host.
Monroe County streets and roads:
734-240-5100.
Monroe County
Planning Dept:
734-240-7375.
"You can fool all the people some of the time, and some of the people all the time, but you cannot fool all the people all the time," Abraham Lincoln.
"It takes very little effort to write something in a small newspaper, editorial or blog. It takes a tremendous amount of effort and time to actually do something good for a community in which you live." Your Bedford Watch website is based on factual knowledge. We are a non-profit LLC citizens group interested in preserving and protecting Bedford Township and we will continue to do our best to keep Bedford Township a great place to live, work and raise our families.
We have spent almost 10 years of our lives and hundreds of hours of our time along with many other members of this community researching what a big box store would do to Bedford Township. Bedford Watch feels that sound zoning and planning should also include infrastructure, traffic studies, impact studies, feasibility studies and input from nearby area residents.
Bedford Watch appreciates your continuous donations, your positive e-mails, comments and your support. To all of the hundreds of people who have sent us things and donated money, we can only say one thing: Thank you. Click here to be added to our e-mail list. Click here to read a Bedford Now letter from someone who has taken the time to read the facts.
Help us protect your community by donating to bedfordwatch. Please make all checks payable to "Bedfordwatch LLC." Click here to donate.
If you cannot view any of the following documents, download the free Adobe reader by clicking here. Anything highlighted in blue has a document attached that you may view.
BREAKING NEWS:
Jon Whitman gave a deposition on June 15, 2010.
WHITMAN FORD IS NOW UP FOR SALE.
The entire Whitman parcel including Whitman Ford is now up for sale. Click here to view the complete Whitman parcel information from realtor Steven R. Lennex and the Lennex Realty Company.
LAWSUIT:
According to Phil Goldsmith, Bedford Township attorney, "Jon Whitman's lawsuit will go to pre-trial in September of 2010. A trial date should be announced sometime in September of 2010." For the latest article from the Toledo Blade, click here. The honorable Judge Joseph A. Costello Jr. will preside over this lawsuit.
NEW INFORMATION ON THE JON WHITMAN TRIAL:
On June 15, 2010, Jon Whitman gave a deposition before the upcoming trial.
Jon Whitman:
Background: Jon Whitman no longer lives in Bedford Township. Jon Whitman assumed control of the Whitman Ford dealership and the surrounding land from his father- Paul Whitman. Paul Francis (a current Bedford Township Board member) is related to Jon Whitman. Paul Francis’s wife (Garnet Francis) works full time at the Bedford Township Hall.
In this new deposition, Thomas Hanson, (Jon Whitman’s lawyer) admits that Wal-Mart is the only corporation that has put in at least 2 offers to purchase the property at Lewis and Sterns in Temperance, Michigan since it has been up for sale. The property has been listed with the same realtor- Steven R. Lennex from the Lennex Realty Company for the past 10-12 years.
Overview: The deposition is 122 pages. Click here to read the complete deposition. All of the pages listed below are highlighted in yellow in the deposition. Present: Jon Whitman, Tom Hanson and Phil Goldsmith.
Highlights:
PAGE 104 line 2:
Thomas Hanson, (Jon Whitman’s lawyer) admits that there might have been more than one contract with Wal-Mart.
PAGE 92 line 4:
Jon Whitman admits that his father, Paul Whitman, privately talked to Walt Wilburn. Paul Whitman wanted to make sure the new board voted on the rezoning, without Dennis Steinman around. It appears that Jon Whitman got to select the time and date and which board would actually vote on the Whitman rezoning. Days after the new township board was sworn in, the new township board (with new board members James Goebel and Gail Hauser-Hurley) voted to allow the majority of the Whitman parcels to be zoned C-2 and C-3, the highest commercial zoning permitted in Bedford Township.
PAGE 74 line 12:
Jon Whitman admits that his last rezoning proposal could have ended up being a large retail store.
PAGE 97 line 17 to PAGE 98 line 2:
Jon Whitman claims that the referendum was being promoted by inaccurate information, (this was noted in the previous depositions by Walt Wilburn and Dennis Jenkins), but when asked point blank what these inaccuracies were, he could not identify even one inaccuracy.
PAGE 90 line 9:
Jon Whitman admits that he has had discussions with Paul Francis, a current Bedford Township Board member and a family member.
PAGE 100 line 13 to PAGE 101 line 4:
Jon Whitman talks about Paul Francis- his family member- and how he wasn’t sure if the Bedford Now opinion article that was written by Paul Francis (and appeared a few days before the important referendum vote) was accurately stating what was transpiring.
PAGE 33 line 17:
Jon Whitman admits that there was never a market demand study performed for any portion of the Whitman Ford property.
PAGE 38 line 17:
Jon Whitman admits that there was never any feasibility study or economic analysis for his last rezoning proposal.
PAGE 47 line 15:
Jon Whitman admits that he never really planned to build anything on the proposed RME, RM-2 or PBO parcels (click here to view parcels 1, 2 and 3 that border the west side of his property). He just picked those parcel designations based upon the outcome of the previous trial that he lost.
PAGE 9 line 17:
Jon Whitman admits that he didn’t obtain transcripts from anyone that testified at the 2008 trial.
PAGE 37 line 17:
Jon Whitman is asked about the middle parcel that he wanted changed from R2A to C-2.
PAGE 41 line 12:
Jon Whitman is asked about the impact that the proposed rezoning would have on the adjacent parcels in the area that surround the Whitman Ford property.
PAGE 42 line 7:
Jon Whitman is asked if he consulted with a professional planner.
PAGE 103 line 5: Highlights: PAGE 103: Walt Wilburn states that "This is not about a Wal-Mart." Is this and was this ever about a Wal-Mart? Click here to read the Toledo Blade article, “Consultant report casts doubt on store’s plans.” Bedford Watch does agree that some of the ordinances pertaining to landscaping, architecture and lighting were too restrictive for existing businesses from 2003 to 2005, but we do not feel that the size limits of commercial zoning also needed to be increased in Bedford Township with 32,000 residents. Background: Bedford Township Planning and Zoning Coordinator for about 22 years. Dennis is a soft-spoken gentleman who is also well liked by many of the Bedford Township residents. Page 102: It is revealed that Larry O’ Dell suggested PBO for parcel 6 (click here to view the parcels). This is the only parcel that the township board would not grant Jon Whitman his rezoning request on December 2, 2008.
Jon Whitman admits under oath that he did have a contract with Wal-Mart.
_____
Walt Wilburn and Dennis Jenkins gave depositions on December 23, 2009 for the upcoming trial.
Walt Wilburn:
Background: Walt has been the Bedford Township Supervisor for the past 5 years. Many positive things have taken place since he became the supervisor including a New Bedford Township Hall, parks improvements, a new fire station and an increase in the size of the police department. Walt is well liked by many of the residents in Bedford Township.
Overview: The deposition is 138 pages. Click here to read the complete deposition. Present: Jon Whitman, Tom Hanson- Jon Whitman’s lawyer and Larry O’Dell- Bedford Township Board member.
View the previous newspaper articles including the very first one from 2001, in which Jon Whitman said, and we quote, “Wal-Mart was coming to this area one way or another. We thought it was better to have it at Lewis and Sterns than farther north.” Click here to read Jon Whitman’s exact words from The Toledo Blade.
The Whitman's announce contract with Wal-Mart. Click here to read the article from Bedford Now.
Click here to read the original headline from the Bedford Press- "Wal-Mart, like it or not, is coming to Bedford."
Click here to read the original headline from Bedford Now- "Watch for Wal-Mart."
Click here to read a copy of the Monroe Evening News article, “Wal-Mart deal hits snag.”
Big box battle brewing in Bedford. Click here to read a copy of the Toledo Blade article.
In 2006, the Bedford Township Board voted on a 204,000 square foot Wal-Mart. Click here to read the original article from the Toledo Blade.
Bedford Township Board rejects Wal-Mart plan. "The people spoke, it's that simple," said Walt Wilburn. Paul Francis abstains from voting and admits that there is a "conflict of interest" since he is a cousin of Jon Whitman. To read the complete original article from the Toledo Blade, click here.
Size limits for commercial C-1, C-2 and C-3 zoning:
On August 20, 2002, the previous Bedford Township Board under Supervisor R. LaMar Frederick changed the size limits for C-1, C-2 and C-3 zoning with ordinance #44A-214. Click here to view an edited version of the ordinance. The size limits for commercial zoning that LaMar Frederick and the old Bedford Township Board put into place were changed to: C-1: maximum 15,000 square feet, C-2: maximum 70,000 square feet and C-3: maximum 25,000 square feet. These size limits were in effect until a new township board under supervisor Walt Wilburn changed them.
Click here to read the Toledo Blade article under Supervisor LaMar Fredrick that limited the development of big box stores.
Page 108/109: Walt Wilburn admits under oath that he was a part of the Bedford Industrial & Commercial Association (BICA).
Click here to see the initial BICA application with Walt Wilburn's name listed as one of the four officers and an anonymous letter, both of which were sent to Bedford Watch recently.
Who is BICA and what did they do?
Jon Whitman, Steve Lennex and Chuck Faller are the founding members of BICA. In an article dated September 26, 2002, current Bedford Township Supervisor LaMar Frederick warns the BICA group and said, "he would not put the interests of business owners above that of area residents." Click here to read the original newspaper article from the Toledo Blade describing BICA.
PAGE 109: Walt Wilburn said, “Size limitations were taken off the books” shortly after be began serving as supervisor, and he began working on this prior to him even becoming township supervisor.
On September 20, 2005 under Supervisor Walt Wilburn with ordinance #44A-244, the size limits were changed to: C-1, C-2 and C-3: "All buildings and structures, when considered collectively as a whole, shall not exceed an area greater than 25% of the net parcel area. Net parcel is defined as the gross parcel area minus the road right-of-way." Click here to view an edited version of the ordinance.
With the current building size limits based on acreage, (one acre is equal to 43,560 square feet), a 204,000 square foot big box store would theoretically only take up 4.68 acres of land mass and would only require an 18.72 acre C-2 or C-3 parcel, not including road right of way.
Just as Walt Wilburn, the Bedford Township Board and the Bedford Township Planning Commission changed the C-1, C-2 and C-3 size limits in 2005, we strongly feel the size limits can be changed back to what they were originally in 2002.
Can a township board in Michigan change size limits?
Yes.
The Michigan Zoning Enabling Act from 2006 clearly states, "A local unit of government may adopt land development regulations under the zoning ordinance designating or limiting the location, height, bulk, number of stories, uses, and size of dwellings, buildings, and structures that may be erected or altered, including tents and recreational vehicles." Click here to view the document.
At the Bedford Township Board meeting on October 20, 2009, one of the Bedfordwatch.com members asked the Bedford Township Board members to initiate the planning process to commission a review for the current C-1, C-2, C-3 and PBO zoning.
One month later in November of 2009, our first ordinance proposal was submitted and later turned down.
PAGE 114: Walt Wilburn admits that he sent the initial Bedford Watch ordinance proposal to change the size limits of commercial zoning directly to Gene Stock, since "he was on the board of the original BICA organization." Click here to view the e-mail that Walt Wilburn sent to Gene Stock on Friday November 13, 2009.
PAGE 45: Walt Wilburn said, "If you increase the traffic flow by thousands of cars a day, traffic would be an issue."
According to the Michigan Department of Transportation (MDOT)- there are about 22,200 cars and 570 trucks which equal 22,770 cars and trucks that travel up and down Telegraph Road in Monroe, Michigan near the old Wal-Mart on a daily basis. That equals 159,390 cars and trucks weekly. These are 2008 figures (the latest available), when that store was only 125,000 square feet. Click here to view the document. To see the exact figures from MDOT, click here.
The new Super Wal-Mart on Telegraph Road in Monroe, Michigan is over 176,000 square feet (over 40 percent bigger than the old Wal-Mart). The traffic report from MDOT for the new Super Wal Mart will not be available until mid 2011.
The proposed Wal-Mart in Bedford Township was over 200,000 square feet, which is over 63% larger than the car and truck statistics above for the 125,000 square foot Wal-Mart store.
Where will the additional 159,390 cars and trucks come from on a weekly basis?
According to demographic documents, 125,301 people live within 5 miles of Lewis and Sterns. Click here to view the latest demographic document on the Whitman parcel from realtor Steve Lennex.
How many cars drive near Lewis and Sterns currently?
12,651 per day or 88,557 weekly. These figures are from 2008, the latest available. Click here to view the document sent to us from the Southeastern Michigan Council Of Governments (SEMCOG). Click here to contact SEMCOG.
Lewis and Sterns is currently listed as the second highest crash intersection in Bedford Township. Click here to view the statistics from SEMCOG. Secor and Sterns is the highest crash intersection in Bedford Township near the 65,511 square foot Kroger's in Lambertville. Click here to view the property file on Kroger's in Bedford Township.
PAGE 20: Mr. Wilburn admits that they are getting ready to update the Bedford Township Master Plan in the near future.
PAGE 35: Walt Wilburn admits that he doesn't agree with everything that Adam Young from Wade Trim and Associates suggested.
PAGE 60: Parcel 6 is inconsistent with the Master Plan after the December 2, 2008 vote.
PAGE 122: Mr. Hanson asks if there may have been settlement discussions on the Whitman property.
The May 5, 2009 referendum:
Jon Whitman asks for and receives a public vote. Jon Whitman said, "Clearly, the Township has embarked on a calculated effort to keep Wal-Mart out without a public vote. We are also a proud member of Bedford Industrial and Commercial Association,” Click here to view a part of the paid advertisement that appeared in Bedford Now on March 14, 2003.
Through the constitution and made procedurally possible through the zoning enabling act or the statutes, the township could not do anything to prevent a public vote referendum from happening.
The May 5, 2009 referendum reversed the Bedford Township Board’s decision of December 2, 2008 and the 32,000 residents of Bedford Township decided what is best for their township. To read the article from the Toledo Blade, click here. To watch the video from Fox 36 Toledo, click here.
On May 6, 2009, the Toledo Blade accurately reported, "Bedford voters kill rezoning of parcel for a big box store." To read the article from the Toledo Blade, click here.
If a big box store is built on the Whitman property, Bedford Township residents will have to pay millions of dollars in damage to the roads, loss of property values, and additional taxes to pay for an increase in our police and fire departments.
Dennis Jenkins:
Overview: The document is 162 pages. Click here to read the complete deposition. Present: Jon Whitman and Tom Hanson- Jon Whitman’s lawyer.
Highlights:
Page 19: Julie Johnson, the planning consultant from Wade Trim and Associates, has now accepted a new position as a planning director in Bolder, Colorado. Click here to read Julie’s original report from Wade Trim and Associates dated January 8, 2003.
Page 46: Mr. Hansen tries to get Mr. Jenkins to admit that the new “planning and zoning expert opinions from Adam Young constitute sound zoning and planning for the Whitman property."
Adam Young from Wade Trim and Associates is the “new” planning consultant on the case. Adam offered a totally different report on the Whitman property from Julie’s original report. Adam’s report coincided with a new township board that was sworn in on November 20, 2008 and had their first meeting on December 2, 2008.
Page 91: The new Bedford Township Board is discussed. Dennis Jenkins informs Mr. Whitman that "a new township board is about to be voted in" and it is up to Jon Whitman and his lawyer Tom Hansen, to decide what they wanted to do.
The December 2, 2008 Bedford Township Board meeting:
The New Bedford Township Board, at their first board meeting after being sworn into office, rezone the majority of the Whitman property to C-2 and C-3, potentially allowing a big box store to be built on the property. Click here to watch the video from FOX 36 in Toledo.
Bedford Watch members did not believe the township board acted in the best interests of its 32,000 residents when they rezoned the Whitman parcel to allow a big box store. To read the article from the Toledo Blade, click here.
Bedford residents then had to make a critical decision on the Whitman property. To read the article from the Toledo Blade, click here. For the news story from WTOL Toledo 11, click here.
We would like to thank the Toledo Blade, Fox 36 Toledo and Toledo 11 for their fair and accurate reporting on this critical issue in Bedford Township.
OTHER LOCAL NEWS: ADOPT-A-ROAD:
In 2009, Bedford Watch adopted a 3-mile section of a road in Bedford Township by joining the Monroe County Road Commission’s Adopt-A-Road Program. We are working alongside our Bedford Township residents as we strive to keep our community roadsides clean. The focus is to have citizens assist in keeping our county’s primary roadsides clean & attractive. Participants "adopt" a section of road to clean 3 times a year. There is no fee to participate, but you must have approval from the Monroe County Road Commission and you must review a safety video. Signs designating the "adopted area" will include the name of the organization that has adopted that particular section. For more details on how to adopt a road, please call Donna Richileau at 1-888-354-5500 ext. 5102.
BEDFORD TOWNSHIP BUDGET LACKS BIG CUTS AND LAYOFFS.
To read the recent story from the Toledo Blade, click here.
BEDFORD TOWNSHIP TIGHTENS REGULATIONS ON OPEN BURNING:
According to our survey page, open burning in Bedford Township was one of the biggest things that area residents disliked. Now, Bedford Township has tightened regulations on open burning. To read the latest article from the Toledo Blade, click here.
BEDFORD SCHOOLS HOPEFUL UNIONS WILL OK CUTBACKS:
To read the latest story from the Toledo Blade, click here.
PARKS COMMISSION SEEKS NEW 0.175-MILL PROPERTY TAX.
The owner of a $200,000 house with a $100,000 taxable value will cost the homeowner an extra $17.50 a year in taxes. To read the article from the Toledo Blade, click here.
2010 CENSUS:
If 100% of households mailed back their forms, taxpayers would save $1.5 billion dollars. Click here to see how Bedford Township is doing in the 2010 Census count.
JON WHITMAN:
Jon Whitman has asked for 9 zoning change requests and he has filed 2 lawsuits. In 2007, Jon Whitman sued Bedford Township and lost.
In the final decision of the 2007 lawsuit, Judge Costello wrote the following comments, "Since the very beginning the western-most portion of the property was zoned residential. The township has remained consistent in maintaining this classification. Our system of government is based upon a representative democracy, and one would hope that any legislative body would consider the wishes of their constituents."
The referendum will of the people should be upheld. The Indian Acres subdivision that borders the Whitman property is the largest subdivision in Bedford Township and it was well established before the construction of the Whitman Ford automobile dealership.
BEDFORD WATCH:
We have spent almost 10 years of our lives and donated hundreds of hours of our time researching what a big box store would do to Bedford Township. This included going to township, planning commission and Monroe County board meetings; hiring and talking to lawyers, studying and reading books, contacting 60 Minutes, watching the latest movies on Wal- Mart; attending the court trial of Bedford Township vs. Whitman Ford; going out of town to visit 3 Wal-Marts; contacting local and regional police, fire, sewer and drain commission departments; getting a referendum on the ballot; collecting 2,433 signatures, collecting donations and talking to professionals in the industry to gather factual information to provide to the residents of Bedford Township.
WHY DID YOU DO THIS?
Read the open letter to Jon Whitman in response to his paid advertisement in Bedford Now on November 29, 2008. Bedford Township residents will now go thru a total of 9 requested zoning changes and two lawsuits from Jon Whitman in the past 9 years.
This website has 5 pages including our new questions and survey page, just the facts, previous history and a links and comments page. Questions are answered per your suggestions on our survey page. We will not respond to any comments unless you leave your real name and e-mail address.