Promoting intelligence and reason in city government. Our mission: To inform and involve all Birmingham citizens.

VISIT OUR WEBSITE at http://www.bhambuzz.org for:
-- Up-to-date news items
-- Resources such as the 2016 Plan and the proposed Ethics ordinance.
-- A calendar of important city events
-- A lively and intelligent discussion group

We want to hear from you! Please send questions, suggestions and feedback to info@bhambuzz.org
{{PERIOD}}
In this edition:

1) Editorial: When governance turns criminal it's time for us to say, 'Enough is enough!'
2) Tholen admitted trespass prior to resignation
3) Plan Board, seeking OK to inspect buildings, is told by city attorney to mind its own business
4) New rule to limit most buildings to four stories
5) Model city encourages neighborhood parking
6) BZA reverses Plan Board, grants preliminary site plan OK to single-family unit downtown
7) To be removed, send email to info@bhambuzz.org
{{PERIOD}}

1) Editorial: When governance turns criminal it's time for us to say, 'Enough is enough!'

Oct. 23, 2002

We can now put to rest any question whatsoever that the Birmingham City Commission and its appointees on its advisory Planning Board are dangerously -- and in at least one case, criminally -- out of control.

It's one thing to zealously carry out the duties of an appointive office. When the zeal turns criminal, it's time for a community to stand up say, "Enough is enough!"

Former Planning Board member Charles Tholen, a "pillar" of our community according to his supporters on the Commission and board, admitted trespassing on private property in the misguided conduct of his duties. He later resigned his office. Members of the City Commission praised him and refused to accept his resignation. And in an astonishing display of bravado, the Planning Board sought to compel applicants for site plan review to consent to site inspections by Board members and city planning staffers.

City Attorney Tim Currier swatted them away Monday night with an unequivocal legal opinion that basically said: Mind your own business. Don't expect his opinion to have much effect. At the same meeting, Commissioners appointed George Dilgard, one of their longtime cronies, to replace Tholen on the Planning Board.

Commissioners and Planning Board members have totally lost sight -- if they ever had it -- of their roles in city government. City Commissioners, for example, now insist on reviewing every request for removal from city property of any tree, no matter how sickly. Teaming up with the Planning Board, they have spent countless hours in the last month deliberating over the calculation of parking requirements for restaurants, earnestly laboring to solve a problem that doesn't exist. Planning Board members rule on the color of brick mortar on proposed commercial buildings.

Brick mortar!

These are just a few examples of the insanity that passes for governance in Birmingham.

Don't dispair. Pockets of sanity remain in City Hall. Among the intelligent, reasonable and potentially influential survivors are City Manager Tom Markus, Police Chief Richard Patterson, Building Official Mary Ferrario, City Planner Jim Sabo and Commissioner Rackeline Hoff.

It is time for these and other influential members of our community to stand up and cry, in the immortal words of Howard Beale, "I'm mad as hell, and I'm not going to take it any more!"


2) Tholen admitted trespass prior to resignation

Oct. 23, 2002

Former Birmingham Planning Board member Charles Tholen admitted to police six weeks before he resigned that he trespassed on private property that was the subject of a site plan review before him.

Birmingham Police Chief Richard Patterson met with Tholen and Planning Board Chairman Gary Kulak on June 3. The trespass occurred May 12 at 720 Forest St. in the then-under construction offices of builder Mosher, Dolan, Cataldo & Kelly. The property was the subject of a site plan review by the board.

Tholen resigned on July 13.

Patterson said he told Tholen that trespassing, even in the good faith conduct of his duties as a Planning Board member, is nonetheless illegal, and that such site inspections require consent of the property owner, and must be carried out by the city's Building Official.

"The bottom line is: There was no complainant, but I had an obligation to let them know that this is illegal... The police can't even do it! ... Whatever they've done in the past, my point was: Don't do it in the future," Patterson said Wednesday.

City planner Jim Sabo reported Tholen's trespass. Sabo did not return a phone call Wednesday, but Patterson said, "Sabo was concerned enough to bring it to our attention."

In a May 15 email to then-Community Development Director Patricia McCullough, Sabo reported his recollection of a conversation with Tholen two days prior:

"He said something along these lines," Sabo wrote, paraphrasing Tholen.

" 'Jim I have some concerns about the petitioner request. I was over at the site reviewing it for the [May 15 revised final site plan review] meeting. I noticed that there were window wells for the basement that were not part of the approved site plan. I walked over to the building and pryed [sic] open one of the window wells and crawled down into the basement and looked around. What I say concerned me because they have finished the walls in the basement. There is drywall and it looks like they plan to occupy that space. My question is, if they do that, will it then change their parking requirements and their approved site plan. He said look into it and if there is no issue, don't worry about calling me back. I said I would call the petitioner and let them know. He said "oh don't do that; I like to see their faces when I bring it up at the meeting." ' "

According to a report of Tholen's meeting with the Chief of Police written by Police Commander John Van Gorder, "Mr. Tholen said in order to get a closer look into the basement, he lifted the window well cover, stepped into the well and peered through the window. Mr. Tholen said he never entered the building nor did he pry anything. He felt the closer inspection was warranted due to the request of the builder for the approval of the changes."

Tholen did not return a call Wednesday. Kulak said he had no comment.

According to Van Gorder's report, Doyle Mosher, a principal in Mosher, Dolan, was told of the incident by Community Development officials on May 14, but declined "to make an issue of this intrusion into his property."

J.C. Cataldo, another principal of Mosher, Dolan, and himself a former Planning Board member, said Wednesday, "It's really unfortunate that that's the way they chose to handle it. Had they called us, we would have gladly given them a tour."

Van Gorder's report of the Tholen meeting noted that Tholen apologized to Patterson. Cataldo said he was unaware of any apology to Mosher, Dolan.

After Tholen resigned, the City Commission, led by Commissioners Donald Carney, Dante Lanzetta and Seth Chafetz, refused to accept his resignation. Carney publicly praised Tholen and urged him to reconsider his decision. Kulak also praised Tholen, calling him "one of the pillars of this community."

Kulak also began efforts to seek permission for Planning Board members to conduct site inspections of properties up for site plan review. Planning Board members appeared Monday before the City Commission to argue that applicants for site plan review ought to be compelled to consent to inspections by board members and city staff.

City Attorney Tim Currier rebuffed their request in a legal opinion reported below.

Visit http://www.bhambuzz.org/pdfs/Tholen_pox.pdf to read Sabo's email and two police incident reports on the matter.


3) Plan Board, seeking OK to inspect buildings, is told by city attorney to mind its own business

Oct. 22, 2002

In a stern admonition to the Planning Board and city staff, City Attorney Tim Currier has told the Planning Board that it is the responsibility of the city Building Official, not the Planning Board or city staff, to conduct site inspections of properties that are the subject of applications before the board.

Planning Board Chairman Gary Kulak had asked whether application forms could be revised to include language that states that an applicant must give permission for Planning Board members and city planning staff to conduct site inspections of subject properties. .

"The answer to your question is no, as to do so would violate various City of Birmingham ordinances and the fourth amendment of the Constitution of the United States of America," Currier wrote in a letter to City Manager Tom Markus and City Planner Jana Ecker.

Planning Board "decisions and site plan approvals must be based on what is in the ordinance and on the record. Taking into account information not presented at a meeting conducted in accordance with the Open Meetings Act could be viewed as being inappropriate and would be beyond the scope of the record. Decisions made on information outside the record could be ruled to be improper," Currier said.

Visit http://www.bhambuzz.org/pdfs/site_inspections.pdf to read Currier's complete opinion.


4) New rule to limit most buildings to four stories

Oct. 24, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Historic buildings in downtown Birmingham will get plenty of air and sunlight -- but the same rule that protects those buildings may hinder the redevelopment of Jacobson's sites downtown.

"Based on the actions taken last night, residential is the only way those sites could be developed with five stories," said Jim Sabo, Birmingham city planner.

But in practice, it's unlikely a five-story building of any sort could be erected in most circumstances.

"I doubt very much that many five-story buildings will be proposed or built under this ordinance," said City Manager Tom Markus.

On Monday, the Birmingham City Commission voted 5-2 to amend a city ordinance to restrict future construction of five-story buildings using the downtown overlay zoning district. Commissioners Rackeline Hoff and Russell Dixon voted against the changes.

The overlay zoning district requires a mix of retail, residential and office uses. Such a mix was encouraged by Andres Duany, an urban planner who authored the Downtown Birmingham 2016 Plan.

The city's other zoning class that allows five-story buildings requires just residential uses. Potential development plans including a five-story mixed-use building and a hotel have been suggested for the Jacobson's sites but both remain for sale at a reported $10 million. Developers have said they need five stories to make a profit, especially considering the uncertain economy.

Dante Lanzetta Jr., city commissioner, said the new rules will prevent five-story buildings that look like six-story buildings from being built downtown. He and other elected and appointed officials have said the city has to do more to protect the historic character of downtown. Earlier, the commission also reduced the height of buildings allowed downtown.

Months ago, hundreds of merchants vehemently opposed a proposal to eliminate the fifth story option altogether. They said allowing a fifth story makes projects viable because they can make a profit in the overlay zoning district, which requires expensive construction materials. Not one complained Monday even though the new changes could, according to one expert, accomplish the same thing.

"The way this is written there is no way to build five-stories downtown," said Bob Gibbs, an urban planner who worked with Duany. "It's a typical political game. They can look you in the eye and say they still allow five stories when it isn't true. It's shameful the way they handled this."

Nicholas Lomako, a planning consultant hired by the city, said the new language is more precise and based on light and air concepts that are common in the planning industry. He also said it would be up to the planning board to interpret whether proposed buildings would block the light and air of neighboring residential and historic districts.

Since most residential and historic districts contain one and two story buildings, it is difficult to imagine how a five-story building would not block sun or air from reaching surrounding districts, said Gibbs.

The new language would also let the board decide whether a five-story building is appropriate given the height, mass and scale of adjacent structures on abutting properties. Basically, the only way a five story building could be built with retail is if it's next to a current five story building that isn't near smaller buildings.

5) Model city encourages neighborhood parking

Oct. 20, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Without a single parking garage, the Canadian town of Niagara-on-the-Lake is able to accommodate more than 3 million visitors each year. It does so by encouraging visitors to park in neighborhoods -- a concept that could solve Birmingham's parking problem, should city officials decide to expand Shain Park into adjacent city parking lot No. 7.

"It's always a balancing act between the rights of the residents and the rights of the visitors," said Niagara-on-the-Lake Lord Mayor Gary Burroughs. "It's a challenge... but this town is the way it is because its people really care."

Burroughs was talking to a contingent of 26 people from Birmingham who visited Niagara-on-the-Lake Thursday to take a look at the city's parks and discover how the historical town deals with the influx of people.

"It was an interesting concept," said Birmingham Mayor Dianne McKeon, on neighborhood parking. "But I don't know how well it would be accepted in Birmingham."

Niagara-on-the-Lake has less than half the parking spaces Birmingham has but manages to keep most motorists content with a combination of free parking on the outskirts of town, a few interior lots and metered parking on streets. Some of the spaces have traditional parking meters, but others have "pay and display" parking machines that take credit cards. Only one machine is needed per block, thus eliminating the need for rows of meters.

McKeon, who lives near Shain Park, said the city will likely explore installing more parking around the perimeter of the park if the expansion goes through. Shain Park is just over an acre but the expansion, if it includes lot No. 7 as anticipated, would double the size of the park.

The city recently hired noted architect Andres Duany to begin planning the expansion and city officials are talking about what could occupy the added space.

Bob Fox, Birmingham assistant director of public services, said proposed expansion of Shain Parks will depend on the opinions of residents and the Birmingham City Commission. But the thing he liked most was the band shell in Simcoe Park.

That opinion was enthusiastically shared by June Taylor McGregor, the woman who has been organizing Birmingham's summer Thursday night Concerts in the Park for more than a decade.

"I wish we could load it up and take it home with us," said McGregor, of the band shell. "If there is one thing Birmingham needs, it's a band shell."

McGregor has been using a portable stage for annual events like Jazz Fest and for weekly concerts. That stage doesn't protect performers from the rain and most of the time, musicians have to stare into the setting sun as they play.

A new band shell could face north and include a roof, said McGregor, who is already planning fund-raisers to bring a band shell to Birmingham.

The only disappointing thing to McGregor was that the band shell in Niagara-on-the-Lake is rarely used because local residents near the park object to loud music. Only acoustic performances are allowed in Simcoe Park and some eight concerts a year take place.

"I can't believe it," said McGregor, "they have the shell and don't use it, and we have the concerts and no shell."

Niagara-on-the-Lake is a city of 14,000 people near Niagara Falls in Ontario, Canada. It is known as Canada's prettiest town and Thursday's visit convinced Birmingham folks that the nickname is well earned.

"It was the most beautiful display of horticulture I've ever seen," said Fox. "We need to engage our residents and find some people who are really gung-ho to capitalize on this."

Flowers and ornamental trees line major streets and regularly appear in most residents' yards. It seems as if most Niagara-on-the-Lake citizens must own stock in the local plant nursery because the grounds of house after house are lush and manicured.

Fox said Birmingham could begin a major beautification project that resembles the effort in Niagara-on-the-Lake that would make downtown more aesthetically pleasing.


6) BZA reverses Plan Board, grants preliminary site plan OK to single-family unit downtown

Oct. 13, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Mel Kaftan is moving up to a deluxe apartment in the sky.

"I'm elated that the BZA recognized the ambiguity of the ordinance," said Kaftan. "... I'm excited about finally getting to live downtown in the urban setting."

Kaftan's new place will be above a commercial building at 369 E. Maple. The Birmingham Board of Zoning Appeals decided 7-0 Wednesday to allow one residential unit to be built above the store, reversing an earlier decision by the planning board. The BZA also took the unusual step of granting preliminary site plan approval. Kaftan needs only to pass final site plan approval at the planning board and he'll be able to build after more than a year of haggling with the city.

Kaftan is one of several people who have been held up at the planning board over differences of opinion.

The planning board put a hold on Kaftan's site plan approval on the advice of Nicholas Lomako, an urban planner and consultant for the city. In a June 19 report Lomako said a study of the ordinance revealed that "only multiple-family dwellings are allowed above commercial or office use" and that at least three units had to be included to meet the ordinance.

Kingsley Cotton III, chairman of the BZA, explained the ruling.

"Zoning ordinances generally allow less intense uses to occur," said Cotton. "It really doesn't make sense to allow multiple units and not single units."

Kaftan said he bought the building after the city approved single-family dwellings above commercial space on two other occasions. He said he was willing to take his case to court if necessary -- though that now appears unlikely.

Months ago, Gary Kulak, chairman of the planning board, said the board's prior approvals for single units were based on advice of city planners who have since left Birmingham for other jobs. He also said the ordinance was clear to him.

"What's required is multi-family," he said. "...Obviously, either someone didn't understand the ordinance or they had a different interpretation of it."

The opposing interpretation, which the BZA followed, was that the multi-unit rule was a maximum limit, not an absolute requirement.

Kulak said he is still convinced multiple units should be required. As for the BZA granting preliminary site plan approval, Kulak said he had "never heard of them doing that before."


7) To be removed, send email to info@bhambuzz.org
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Promoting intelligence and reason in city government. Our mission: To inform and involve all Birmingham citizens.

VISIT OUR WEBSITE at http://www.bhambuzz.org for:
-- Up-to-date news items
-- Resources such as the 2016 Plan and the proposed Ethics ordinance.
-- A calendar of important city events
-- A lively and intelligent discussion group

We want to hear from you! Please send questions, suggestions and feedback to info@bhambuzz.org
{{PERIOD}}
In this edition:

1) Civil rights charge looms in Kelly case
2) Downtown is a regional destination
3) Birmingham seeks ways to attract shoppers
4) Union sent packing in library vote
5) Parks & Rec Board considers skate park
6) Ethics code advances with provision for board
7) Latest Presidents Council minutes posted
8) Editorial: Commission succeeds in quest to force down value of downtown real estate
9) To be removed, send email to info@bhambuzz.org
{{PERIOD}}
1) Civil rights charge looms in Kelly case

Oct. 6, 2002

>From the Birmingham Eccentric

By Larry Ruehlen

Edward Kelly is no closer to getting unimpeded access to his house, and the Michigan Department of Civil Rights is on the verge of filing charges against the city of Birmingham.

"Mr. Kelly is simply asking for an accommodation," said Yarkpazuo Bah-Deh, a field agent with the civil rights department. "When there are laws on the books, they should help people; not be used against them. If the city doesn't reconsider, the next step would be to file charges."

Kelly, a Birmingham resident of 34 years, is trying to enclose the front porch of his house on Lincoln to make it easier for him to get in and out with his walker. In March, the city's zoning board of appeals denied a variance that would have allowed Kelly to proceed. But Kelly, a recent retiree with two bad hips, wouldn't take no for answer.

He contacted the U.S. Fair Housing and Equal Opportunity department and the department of civil rights. An investigation was launched, and the civil rights department has sided with Kelly, who is becoming less amused every day.

"If I were a tree they'd all be running over to check up on me," said Kelly. "They haven't been here, but then again, I'm only human... I don't understand what they are thinking."

City officials have been known to make house calls when the life of a tree is at stake. In this case, BZA members haven't showed up to see how hard it is for Kelly to get into his own house.

Kelly now has to make a sharp turn to the left and lift his walker over a step to get to the living room. He got the idea to enclose the porch from a neighbor, who had already done the same thing.

He hired the same contractor to draw up the plans but soon found out he needed a variance because the enclosed porch would have been 10 feet too close to city property. After paying $1,000 for a city-required survey, Kelly went before the BZA with several pictures to illustrate his predicament.

His neighbors didn't object and in fact signed a letter of support for the project.

Though the decision wasn't unanimous, the majority of BZA members said Kelly's request didn't meet a specific set of criteria mandated by state law, and they had no choice but to deny it

Dan Schulte, assistant city manager, said neither the city administration nor the Birmingham City Commission has the power to reverse a decision by the BZA. Daniel Christ, an attorney with the city's law firm, said the BZA was told by Kelly's contractor that a vestibule wasn't needed -- a charge both Kelly and the contractor refute.

The city has basically asked Kelly to apply for a reconsideration of his case at the BZA. Kelly said he's done trying to cut through the city's red tape and Bah-Deh said he shouldn't have to make another appearance at city hall.

Members of the board could not be reached for comment.


2) Downtown is a regional destination

Oct. 6, 2002

>From the Birmingham Eccentric

By Larry Ruehlen

Regional marketing could improve the bottom line for merchants in downtown Birmingham.

That was one of the key findings of an extensive survey conducted by Southfield-Based company The Strategic Edge.

"They are drawing customers from a far broader area than they believed," said Joan Primo, principal at Strategic. "It's a huge difference."

In 1996, the city commissioned a similar survey that concluded that 75 percent of its core customers were coming from five zip codes in Birmingham, Franklin, Bloomfield Hills and Bloomfield Township. The new survey revealed that 49 percent of customers come from six area zip codes. The added core customers came from Troy. The survey also identified a second emerging group of customers that is driving from city's all over Oakland County.

"Our marketing and advertising will take on a more regional approach," said Larry Sherman, a downtown businessman for more than 40 years. "We'll spend 30 percent more on television for the Christmas season this year... but a lot will depend on the repositioning of Jacobson's."

Another interpretation of the same statistics is that some 26 percent of the 1996 core customers no longer frequent downtown.

Surveyors were positioned outside 32 Birmingham establishments and they interviewed 437 people on the street in May and June -- before Jacobson's went bankrupt.

The results of those interviews include:

* Over 70 percent of Birmingham residents shop downtown at least once a week
* Downtown shoppers stay an average of 1.5 hours per visit
* More than half of the patrons come to town to eat rather than shop
* Nearly 14 percent of Birmingham residents consider downtown their core shopping area
* Downtown rated equal to or better than Troy's Somerset Collection in 9 of 12 categories

Primo said the city is fairing well considering the close proximity to Somerset. She did, however, say that finding a replacement department store for Jacobson's would be key -- a sentiment echoed by just about every merchant in town.

"The key is offering a variety of soft goods like ready-to-wear clothes and shoes," said Geoffrey Hockman, a member of the Principal Shopping District Board. "We continue to lose that presence in town, and we need to buttress it."

What the survey wasn't able to pin down was what would draw more people downtown. That's because the overwhelming majority of those surveyed said they didn't desire any specific additional stores, restaurants or services.

Parking problems were the biggest complaint of those surveyed.


3) Birmingham seeks ways to attract shoppers

Oct. 8, 2002

>From the Detroit Free Press

By Laura Potts

Traffic is tough, parking spaces are precious and prices are premium, but downtown Birmingham still manages to attract a loyal -- and, city officials hope, growing -- base of shoppers.

That's what a study conducted recently for Birmingham's Principal Shopping District found, after consultants from the Strategic Edge, a Southfield consulting firm, interviewed 437 people in May and June. The study released last week also outlines a number of other characteristics about shoppers and their habits, likes and dislikes.

Now, the city wants to use the information to enhance what it has to offer and target more potential shoppers.

"All is quite well in Birmingham," Joan Primo, a principal with the Strategic Edge told the shopping district board Thursday. "You have a lot of strengths, and you do keep building on them."

The Principal Shopping District is a 12-member board, composed of business owners and residents, that promotes Birmingham businesses and activities, such as the Moonlight Shopping Spree.

Primo praised Birmingham's walkability, quaint feel and variety of stores, restaurants and entertainment venues.

The study looked at a primary trade area composed of Birmingham, Bloomfield Hills, Franklin and Troy, as well as a secondary trade area of cities farther north, east, west and south. In the total trade area of 539,500 people, the median household income was $85,572.

According to the findings, more than 70 percent of Birmingham residents and about 50 percent of those in the trade area visit downtown Birmingham at least once a week.

The city has been considering ways to market itself, including starting a newsmagazine for residents. The city commission has formed a subcommittee to study such options and met Monday night, said commissioner Rackeline Hoff.

Birmingham City Manager Thomas Markus said the study demonstrates that the city "needs to gear towards a larger market area." He said more efforts must be made so Birmingham can continue to compete with the nearby Somerset Collection in Troy, which has many more stores and free parking.

The typical visitor to downtown Birmingham:

* Is a 42-year-old white woman with a household income of nearly $125,000.
* Spends a median amount of about $40, with retail spending averaging $86 per visit.
* Visits downtown Birmingham at least once a week, spending about two hours on an average trip.
* Most likely drove there. Eighty-eight percent arrive by automobile, including two-thirds of city residents.


4) Union sent packing in library vote

Oct. 6, 2002

>From the Birmingham Eccentric

By Larry Ruehlen

Healing strained employee relations will be key in the wake of a union vote that divided the staff at Birmingham's Baldwin Public Library.

"The library prevailed in the election," said Marti Custer, library director. "This was really an issue for and between the staff. I am hopeful that we can go forward.. with shared goals and a common vision for the future of Baldwin Public Library. It is my intention to do everything that I can to make that happen."

The Thursday vote on whether to join the American Federation of State, County and Municipal Employees union was 20-19 against joining.

Some librarians claimed key employees were being run out of their jobs. They also said the power of union solidarity could protect them. Before the vote, library director Custer tried to quell rumors that she had fired staffers and said all nine had "left on their own." A statement that proved true.

When Custer came to the library she identified smoothing over strained relations between administration and the staff as a top priority. A staunch advocate of change, Custer overhauled operations in several departments and hired new staffers.

One of those new staffers was Julie Farkas, who, though under the age of 30, got the job as assistant director.

Farkas is under 30 and some long-term staffers claimed her hiring was a message that older people weren't welcome.

Custer denied that charge, but she did say she liked "positive, bright, upbeat people."

Farkus said the staff would get passed the election.

"A positive workplace climate and atmosphere is a priority of our management team," said Farkas, assistant director of the library. "... There is room and channels to disagree on changes. Change brings certain levels of tension, yet it also helps create new dynamics."

Librarians are the only city employees that aren't in a union.

Employees who wanted to join the union would not comment.


5) Parks & Rec Board considers skate park

Oct. 1, 2002

The Birmingham Parks & Recreation Board will soon recommend that the City Commission approve a skate park for skateboarers and inline skaters.

The board is "very enthusiastic" about the idea, and has appointed a subcommittee to study the idea, according to a letter submitted by board member Ann McBridge to the commission for Monday night's meeting.

Visit http://www.bhambuzz.org/pdfs/skate.pdf to read the letter.


6) Ethics code advances with provision for board

Sept. 25, 2002

>From the Detroit Free Press and Birmingham Eccentric

The march toward a Birmingham ethics ordinance proceeded Monday despite concerns that one wasn't needed.

"I think we know for the most part what ethical behavior is," said Birmingham City Commissioner Rackeline Hoff. "Ethical people already follow the rules, and for unethical people, signing a piece of paper on ethics won't matter."

While Hoff questioned the need for an ordinance, others said it would be the best way to keep everyone on the right track.

"Officials are bound to observe the highest moral standards, and the public interest must be of the highest concern," said Gordon Thorsby, also a commissioner. "... This is what builds trust in local government."

On Monday night, the City Commission examined two proposals aimed at promoting accountability. On a 4-3 vote, the commission referred one version to City Attorney Tim Currier to review and clarify some commissioners' questions about the 11-page document.

Commissioners Dante Lanzetta, Donald Carney, Thorsby and Mayor Dianne McKeon voted in favor of advancing the ethics ordinance. Hoff and commissioners Russell Dixon and Seth Chafetz voted in the minority.

The proposal, modeled after ethics ordinances in other Michigan cities, was written by Currier, Carney and City Manager Tom Markus. It is to be taken up again by the commission in about a month. If approved, it will be added to Birmingham's city code, hopefully by December, said Thorsby.

The proposal calls for the formation of a board of ethics, comprised of three Birmingham residents appointed by the mayor and approved by the commission.
Members would serve for three years, interpreting the code of ethics and advising the city.

Thorsby, who called the proposed ordinance a "top priority," said it was spurred by nationwide corporate scandals and a push from the Michigan Municipal League and the National League of Cities. He said it's needed "to build trust with residents."

"Every city should have one that is put into the city charter so everyone understands the intent of elected officials," Thorsby said.

But other members of the commission said the proposal was too broad, and raised questions about how city officials must handle things like outside employment and contact with constituents.

"I'm not happy with this at all," said Chafetz. "I think this is just overreaching. This needs to be chopped down considerably."

The ethics board would be composed of citizens with a law background, a fact that didn't sit well with Chafetz.

"Any time I hear about lawyers getting involved, the hair on the back of my neck stands up," said Chafetz. "We need to get something much shorter and to the point... we don't need a huge volume on ethics to tell people in the city how to behave."

Lanzetta said he is confident the city can create a useful ordinance, but said the proposed language is not "concise or coherent enough." He said the portion on "Incompatible Employment" raises concerns about whether city officials would be allowed to hold jobs.

"That suggests we need to quit our day jobs," he said.

Detroit adopted an ethics ordinance in 2000 and other metro-area cities, including Farmington Hills, Rochester Hills, Royal Oak, Livonia, Wayne and Sterling Heights, all have adopted such directives in recent years. Most large cities, including New York, Los Angeles and Chicago, have ethics provisions.

Michael Reinemer, director of communications for the National League of Cities, said the 18,000-member league offers a model for cities eyeing ethics ordinances.

"It's useful to have these guidelines in place so gray areas become more clear and people have guidelines to make sure everything is above the board," he said.

The proposed ordinance can be seen on Birmingham's Web site at http://www.ci.birmingham.mi.us.


7) Latest Presidents Council minutes posted

Sept. 26, 2002

Visit http://www.bhambuzz.org/pcmin0802.htm to read the minutes from the Aug. 20 President Council meeting. Help keep an eye on this band of wanna-be neighborhood representatives. You never know when they're going to stand up in public and claim to represent YOU!


8) Editorial: Commission succeeds in quest to force down value of downtown real estate

Sept. 26, 2002

The Birmingham City Commission and Planning Board have finally achieved some success in their shortsighted quest to devalue Birmingham real estate.

Commission members have often mocked million-dollar condos and complained of what they perceive to be too-high rental rates.

Recently, at least one commissioner, Russell Dixon, was heard to say publicly that lower property values downtown might not be such a bad thing.

Of course, most of us know that the value of any property in Birmingham, including neighborhood homes, is tied closely to the health, vitality -- and value -- of downtown.
So anybody who cares about those values ought to be deeply concerned about this policy, and in particular the recent abortive auction of Jacobson's downtown properties.

The properties were removed from the bankruptcy auction of Jacobson's assets last week because bids weren't high enough. Bidders and others familiar with the auction said low-ball offers from some, and the withdrawal of offers from others, were a result of the political climate in Birmingham.

"You would have to be a developer with deep pockets and a mean spirit to fight the lions in Birmingham," Dan Jacob, a broker with Southfield's Signature Associates, told the Birmingham Eccentric. "I had two developers retract bids at the last second."

Jacob told the Eccentric that the potential for litigation and current anti-development attitudes led to speculation that it would take a protracted effort to tear down the current structures and build something to replace them.

This has enormous significance. Jake's was our largest retailer and our largest taxpayer occupying the biggest chunk of retail space downtown.

That's all gone now, and all we have is a couple of very large, very vacant, very non-revenue generating buildings.

Redevelopment of these properties is essential.

This fact seems to be lost on your city leaders. In its first meeting since the auction, the Birmingham City Commission Monday night ignored the issue, and instead debated, among other things, the merits of an unnecessary ethics code and an unnecessary proposal to unnecessarily increase the parking requirements for restaurants.
This failure to discuss, debate or otherwise act upon a real, live, important issue -- one of the biggest problems facing our city -- is inexcusable, but perfectly in character for our current Commission.

By flip-flopping on the master plan, changing the rules in the middle of the game, and nitpicking and micromanaging developers and city staff, the City Commission and Planning Board have now caused an actual and demonstrable devaluation of downtown property.

Congratulations, folks. Mission accomplished.


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