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THE BIRMINGHAM BUZZ
-- "It's the 2016 Plan, stupid."
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Buzz # 20 -- May 17, 2002

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 Tree Preservation 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
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In this edition:
1) Chafetz opposes regulation of private trees
2) Buzz Editor calls for Lanzetta's censure
3) Ain't Email Great Dept.: Lanzetta shows he's not above name-calling and innuendo
4) City investigation finds no signs of corruption
5) Tree law is buzz of town as hearing is set
6) Editorial: Read, then speak out on tree law
7) Editorial: Fun, and intelligent life, is on streets
8) Ain't Email Great Dept: Neighbors avoid confrontation at Planning Board hearing
9) Public hearing is set on tree ordinance
10) Racky's quick wit adds levity to Commission
11) Commission misses chance to pluck thorn
12) To be removed, send a request to info@bhambuzz.org
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1) Chafetz opposes regulation of private trees

May 17, 2002

Birmingham City Commissioner Seth Chafetz says he will oppose provisions of the proposed Tree Preservation Ordinance that place restrictions on private property owners.

In a letter sent Wednesday to Nick Leo, of the South Poppleton Park Homeowners Association, Chafetz said "I do not wish to impose any restrictions on private property owners and will work to bring out the few good ideas that do exist... I will ask that the rest of the ordinance be tabled."

"I believe that the residents do want trees and have demonstrated their commitment to maintaining trees!" Chafetz wrote. "The city needs to step up to the plate at this point and match the tenacity the residents continue to show. The process that has taken place has been very interesting. The city is focused on trees, and I think that is a very wonderful and healthy topic to be discussing in our town."

Chafetz also said, "The tree ordinance has provoked a lot of editorial comment -- both in the papers and around town. The document is huge and combersome."

Chafetz was responding to a letter from Leo to city officials about the ordinance. "My neighborhood association is against this ordinance as written, and we are very curious as to why we are continually told that we are reading it wrong when the language is very clear," Leo said.


2) Buzz Editor calls for Lanzetta's censure

April 15, 2002

At least one Birmingham resident has said "enough is enough" when it comes to longtime City Commissioner Dante Lanzetta, and he is urging city residents to join the call for Lanzetta's censure by the City Commission.

Clinton Baller -- a longtime resident of the city, business owner and editor of the Birmingham Buzz website and email newsletter -- is calling on the commission to censure its senior member after Lanzetta called Baller a "guttersnipe" and a "liar."

"The citizens of Birmingham expect and deserve public officials who act with dignity and respect. Lanzetta does not, and his peers should publicly censure him," Baller said in an open letter to the commission submitted for the commission's agenda Monday night. "...You cannot be silent in the face of such repugnant behavior. If you are, then you condone it."

You can read the letter at http://www.bhambuzz.org/pdfs/Lanzetta.pdf

The brouhaha began when the Buzz published an editorial last week (see http://www.bhambuzz.org) noting Lanzetta's history of run-ins with fellow commissioners and members of the public and city staff. The editorial called Lanzetta "obnoxious, rude, condescending, snickering, obfuscating, pedantic, sophomoric, arrogant, pompous, snide, sarcastic."

After Monday night's commission meeting, at which a public hearing was set on the proposed Tree Preservation Ordinance, Baller sent a message to several residents and city officials who were either involved in drafting the ordinance, or who had commented on the ordinance Monday night. It asked for help in debunking the myths surrounding the proposed ordinance. Lanzetta was included, and responded within hours.

The exchange is published below. Lanzetta didn't respond to the plea for help, and instead attacked Baller with name-calling and innuendo.

Baller called Lanzetta's response "outrageous."

"The amazing thing is, Lanzetta has behaved this way for years. He is truly a loose cannon. His frequent pontifications are one thing, but when he resorts to blatant name-calling and innuendo, it's time to say 'enough is enough.' This community deserves better, and all of us, most of all Lanzetta's colleagues on the commission, who so often themselves are the targets of his abuse, need to stand up to him," Baller said.

Former Commissioner Mike Wooley, whose run-ins with Lanzetta were legendary during Wooley's eight years on the commission, said, "I went head-to-head with this guy because somebody had to step up and try to counter his tactics... The last two years were pure hell, because I was the only one willing to stand up to him. I knew that eventually it could cost me an election, because people in general don't respond well to that kind of behavior, particularly in a public forum. But if I didn't do it, nobody would."

"I'll go to my grave trying to figure out" why residents have put up with Lanzetta for so long, Wooley said, adding that Lanzetta has "reached the saturation point" of citizens' willingness to accept his behavior. "He needs to take a back seat for a while. He's obviously not up for reelection. He's certainly not positioning himself for it."

Wooley said he would join in calling for Lanzetta's censure.

Longtime Birmingham activist Dorothy Conrad, a Lanzetta supporter, said "I've watched him for many years. It's part of his personality."

She told the Buzz: "I think you have to look at your record and the comments you have made about him. Why would you expect a nicer answer."

Wooley said public figures should be held to a higher standard. "I had people stand in front of me [at meetings] and call me" names. "I had to just sit there and smile."

Baller drew a distinction between a citizen's fair and reasoned criticism of a public official -- even if harsh -- and a public official's use of name-calling and innuendo. "Lanzetta acts like the ballplayer who lashes out at the fan who calls him a 'bum.' ... Lanzetta seems to have adopted as a role model the infamous and despicable Roy Cohn, counsel to Senator Joseph McCarthy," Baller said in his open letter.

You can urge commission members to censure Lanzetta by contacting them individually or by sending an an email to all of them.

Visit http://www.bhambuzz.org/Write_to_city.htm for a list of individual email addresses and phone numbers.


3) Ain't Email Great Dept.: Lanzetta shows he's not above name-calling and innuendo

Subject : Debunking Tree Ordinance Myths
Date : Tue, 14 May 2002 16:35:00
From :
To :Dante Lanzetta

Folks,

At least one commissioner (Lanzetta) and one member of the public (Dorothy Conrad) expressed opinions Monday night about "misinformation" that has been published about the proposed Tree Preservation ordinance.

Unfortunately, they did not identify the misinformation.

The Birmingham Buzz would like to set the record straight.

We don't doubt that much misinformation has spread by word of mouth. And we don't dispute that news reports have been, in some cases, ambiguous or misleading or downright wrong.

I have attached most of the published material on the issue (presented in reverse chronological order), and I would like to ask your help in identifying the misinformation and correcting it.

I think this is a worthwhile and relatively simple project. While we all may not agree on the ordinance, I think we can all contribute meaningfully to an objective reading of the ordinance and the news reports, and an effort to set the record straight.

Clearly, time is of the essence, and so your timely cooperation is essential.

Thanks in advance for your comments.

Clint Baller
Buzz Editor


Subject : Debunking Tree Ordinance Myths
Date : Tue, 14 May 2002 17:59:00
From : Dante Lanzetta
To :

Once again, you are wrong. I have given you the benefit of the doubt before -- allowing that you are no more than ignorant, or perhaps not very bright. It has becoming obvious that, over and above being a guttersnipe, you are a practiced and intentional liar.

When you show up running for office (assuming your masters give you leave) against the people of Birmingham, I will recall exactly when you started campaigning. That will be the time to lay bare your record of vicious personal attack and each and every lie.

I'd say, "Shame on you," but I don't think you have the requisite conscience -- but your mother should be ashamed.

D


4) City investigation finds no signs of corruption

May 16, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Corruption is not running rampant at city hall, but investigations can and do take place when specific concerns are raised, said Tom Markus, Birmingham city manager.

"If it would have been true, it would have raised strong concerns," said Markus. "The city takes these matters very seriously, but I would prefer if people came directly to me."

Markus was talking about the latest in a long series of internal investigations launched into alleged corruption at city hall. Bob Gibbs, an urban planner and member of the city's Historic District Design Review Commission, raised the possibility of wrongdoing at a Feb. 20 meeting.

During an open discussion portion of the meeting, Gibbs said a client of his that planned to add on to a historic building was told by a city employee that "those buildings tend to fall down a lot during construction, and don't worry if it falls down."

The client, who Gibbs refused to identify at the meeting, interpreted the conversation to mean that the city employee was encouraging him to have the building "accidentally" cave in during construction. Some years ago, a historic building did cave in during an addition project and the city made the contractor rebuild it.

According to a transcript of the Feb. 20 meeting, Bill Dow, a Birmingham resident and historic preservationist, also urged an investigation to make sure city staff wasn't playing a role in the destruction of historic buildings.

"This is not the first story I've heard of this kind of thing happening," said Dow. "It is very, very disturbing and it has disturbed a lot of people in this community on, quite frankly, how some of this building department stuff has been going on with some of the developers."

As a result of the meeting, Markus did launch an internal investigation that revealed the following:

* The conversation took place 12 years ago between Gibbs' client and a city building department staff member.
* The conversation did not pertain to a historic building.
* The employee no longer works for the city.

Gibbs said he raised the issue during public discussion because it is always best to "shed light on the issues."

As for the result of the investigation, Gibbs said he wasn't aware the conversation had taken place long ago or that it didn't involve a historic building.

"I was very glad the city followed through," said Gibbs. "The city did exactly the right thing."

Markus said several complaints have come lately and all make city staff uneasy and cost time and money to investigate.

"I don't want to discourage people from coming forward but it should be done the right way," said Markus. "If people come to me, I will handle it. They should tell me whatever accurate information they have. It's the misinformation that puts people on edge."

Several years ago, a member of the building department was fired for misconduct after a similar investigation.

Markus said many more internal investigations have been ordered since then but none have uncovered illegal activity.

Dow also complimented the city for looking into the situation.

"I'm very pleased that the city looked into this and that the allegations proved to be false," said Dow.


5) Tree law is buzz of town as hearing is set

May 16, 2002

From the Birmingham Eccentric

By Larry Ruehlen

After months of debate over whether the city should have the power to regulate trees on private property, residents will have a say at an 8 p.m., June 10 public hearing in the city commission chambers at 151 Martin St.

The Birmingham City Commission scheduled the hearing on a 4-3 vote Monday. Some commission members said they wanted to talk about the measure more before it went to the public but others said eight months of study and talk by city officials was enough.

Birmingham City Commissioner Dante Lanzetta Jr. said last week that he was getting irate telephone calls from residents. On Monday, the effect of those calls was evident.

"I didn't write this thing so I'm not ready to stand behind it," said Lanzetta.

Several Birmingham residents spoke in favor of the ordinance Monday and said there has been misinformation about it in the press. Gary Kulak, chairman of the planning board and the primary author of the ordinance, attempted to set the record straight.

"This ordinance doesn't prohibit anyone from taking down a tree," said Kulak. "I doesn't prevent you from cutting down a tree on private property."

But the ordinance requires a permit to remove a "landmark tree" and the city commission may deny the permit, thus prohibiting someone from cutting down a tree on private property. Under the ordinance, the only recourse a resident would have if denied would be to file a lawsuit against the city.

George Dilgard, a supporter of the proposed ordinance, said he wants to be sure people realize that normal pruning of a tree on private property does not require a permit. But Mike Barger, owner of Troy-based Mike's Tree Surgeons, the company working with the city on the ordinance, said residents who prune trees in ways that result in a major alteration could be punished.

"We don't want people whacking the side off of a tree," he said. "We are just trying to be practical about it."

At 19 pages long, the proposed tree preservation measure would give the city the power to control most trees in the city with a permit and inspection process for tree removal and pruning on public and private land.

Under the proposed language, protected trees would include those that are greater than six inches in diameter, with the exception of nine undesirable species, including silver maple and willow, that may be chopped down without a permit. Special protections for 46 "landmark" species including ash, elm and birch are also included, and the proposed ordinance goes to great lengths to preserve them.

Anyone who removes a protected or landmark tree would have to pay the replacement costs for the tree. A city expert estimated that one in three residential lots contains at least one landmark tree.

Barger said establishing the replacement cost of a landmark tree is difficult because it depends on the tree's species, condition, size and location and all factors must be assessed by a professional. He said his company charges $75 per hour to assess trees. Residents would also have to pay those costs.

A 24-inch maple in excellent condition would have to be replaced with many smaller trees to equal the diameter of the tree removed, said Barger, and current prices for a 2-inch maple are in the $300 range so replacing the maple would cost some $3,600.

Residents would be able to remove diseased or dangerous trees and would also have a right to cut down up to two trees or 10 percent of the trees on a given lot per year as long as those trees aren't of the landmark variety.

Barger said as the ordinance grows closer to possible approval by the city commission, people have called his company for estimates on removal costs. He said he is telling people not to rush, but other companies are profiteering on the fear factor of possible fines that reach into the thousands of dollars.

"Believe me, they are having trees cut down, but a good number of them (the trees) wouldn't fall under the ordinance anyway," he said. "There are companies feeding on this. Telling people they better remove the trees now or it will cost more later. We are telling people to be patient."

6) Editorial: Read, then speak out on tree law

May 16, 2002

From the Birmingham Eccentric

Judging by the turnout at Monday's City Commission meeting, concern is growing about Birmingham's proposed tree ordinance.

Several people spoke about the ordinance as the discussion focused on setting a public hearing for 8 p.m. Monday, June 10, in the commission chambers. The commission -- which wasn't legally obligated to hold a public hearing because the Planning Board already had one -- should be ommended for its willingness to listen to residents.

The potential impact of the ordinance is far reaching and could, over time, hit everyone in the pocket book. Becoming well-informed before the public hearing is key.

Members of the commission and tree-ordinance supporters said misinformation has been rampant in the press. Specific examples weren't offered, and we believe people were merely using broad generalities to deflect criticism from an ordinance that spun out of control when too many like minds got together.

We therefore urge everyone to get involved before the city commission takes further action -- go to the public hearing and see for yourself. Listen to the comments of your neighbors and speak your mind.

The ordinance, as written, is a blatant abrogation of personal property rights. The intention, to preserve Birmingham's natural character, is sound. But this is not the way to do it.

The ordinance is 18 pages of micromanagement that taken to the extreme would give the city a certain amount of control over what a person can or cannot place in his or her own back yard.

Further, the ordinance states the city "shall have the power to control the removal, alteration and destruction of protected and landmark trees on private property."

The ordinance is almost dizzying in its complexity and aspects. To see it in its entirety, check out the city's Web site at http://www.ci.birmingham.mi.us.

Read it, but above all, go to the public hearing. This is the key opportunity for people to voice their opinions. There are indications that the commission is already having second thoughts on the ordinance, given the rising negative feedback it has been getting.

Although the city commission plans to hold the hearing as part of the regular commission meeting in its chambers, it might want to rethink that plan. The chambers were packed at Monday's meeting, which was just to set the public hearing.

The hearing itself may draw a far larger crowd. We hope it does. While there have been a few voices speaking in support of the ordinance, most that have been raised to us have been against it.

There is value in having a tree ordinance, and, indeed, many communities have them.

But it should be reasonable, practical and fair. This proposed ordinance fails on all three counts.

7) Editorial: Fun, and intelligent life, is on streets

May 16, 2002

From the Birmingham Eccentric

Abominable tree ordinances. Absurd "virtual reality" fees. Draconian building codes.

It can be easy to get caught up in the often maddening world of Birmingham city operations and the machinations of city hall.

So every so often it's good to take a step back and look in a different direction. While there are plenty of hot issues swirling around city hall, there are also many plans in the works to have fun in Birmingham.

Just this week, the Principal Shopping District and the organizers of the Revvin' With Ford Dream Cruise activities announced plans for a special event on Thursday, June 20, in downtown Birmingham.

Called the Revvin' with Ford Walk of Fame, the event will offer an evening of shopping, parties and music around the town.

That, coupled with other events, such as the JazzFest, concerts, art fairs and the Dream Cruise itself in August makes for a full venue of fun activities.

The importance of that cannot be understated.

Having fun is a critical element in the makeup of a successful city. Providing enjoyable activities beyond recreational programs is crucial to the vitality of a town. They bring in people from beyond the borders and give the whole community a sense of life.

Sidewalk traffic after 5 p.m. is a key indicator of how strong a community is and anything that can be done to promote it is welcome.

So while the folks in city hall may squabble and weigh the relative worth of worthless ordinances, there are signs of intelligent life on the streets of Birmingham.

Take part and enjoy.


8) Ain't Email Great Dept: Neighbors avoid confrontation at Planning Board hearing

From: Barbara Armbruster
Date: Wed, 15 May 2002 23:20:28
To:
Subject: Request for assistance regarding a Planning Board Issue

I was told that you may be able to help me out. I received a letter Saturday notifying me that Hamilton Hotel will be installing a new air conditioner unit on the northwest corner of the Hamilton Hotel. For me, that is basically my backyard. I am very very concerned about the noise that the unit will create day and night and that I will be able to hear it not only outside, but inside my house. (there currently is no unit there)

How do I go about objecting to this change in the hotel that could significantly affect my property and my enjoyment of living where I do and my enjoyment of spending time outside in the summer?? I don't suspect I will receive much support from my one neighbor since they just sold their house and I don't know about the other neighbor.

I understand that this is on the agenda for next week's Planning Board meeting.

Can you please give me some feedback on how to proceed quickly and effectively?

Thanks
Barbara Armbruster
524 Oakland Ave

From:
To:
Sent: Thursday, May 16, 2002 9:37 AM
Subject: Request for assistance regarding a Planning Board Issue

Barbara,

Read the notice carefully. I have to assume, since you got the notice, and since you mentioned that it is on the agenda of the Planning Board, that it would give you an opportunity to comment upon it, either at the Planning Board meeting, or in writing in advance, or both.

Call the City Clerk at 644 1800 for the deadline for written comments for the meeting.

Then send the letter and/or attend the PB meeting. (The clerk accepts email, by the way.)

You also might consider contacting Planning Board members in advance and inviting them over to survey the property. Their names, phone numbers and email addresses are listed on the Buzz at http://www.bhambuzz.org{{PERIOD}}

In Birmingham, the squeaky wheel gets the grease.

One more very important note. It always helps to approach an issue like this with alternatives. Try not to be 100% negative. I suggest you try to work with the owners/managers of the hotel to come up with a mutually agreeable solution. I believe the hotel is owned by longtime Birmingham resident, businessman and civic leader Geoff Hockman. I can't imagine that Geoff wouldn't be sympathetic and willing to work with you.

Hope this helps.

Clint Baller
Buzz Editor

From :
To :
Cc :
Date : Thu, 16 May 2002 19:04:00 -0400
Subject : Request for assistance regarding a Planning Board Issue

Barbara:

Clinton forwarded your e-mail with regard to the request for the Hamilton Hotel for an air conditioning unit. My name is Jeff Hockman and I am one of the owners of the hotel. I believe once you have the facts of our request your concerns should be alleviated. The facts of the request are:

1. The unit will located at the corner of the building next to the sidewalk and will face Woodward. It will not be at the property line where our two properties abut. The unit will be at least 20-25 feet from the property line.
2. The unit is a small residential unit. We only need to cool the lobby area.
3. The unit will be screened as required by the city code.
4. I would anticipate you hearing less noise than if your neighbor installed a unit because of the distance and the screen wall.

If you have any additional questions please contact me.

Jeff Hockman

From : Barbara Armbruster
To : Clinton Baller Date : Thu, 16 May 2002 22:49:00 -0400
Subject : Request for assistance regarding a Planning Board Issue

Mr. Baller,

Thank you for your response. In fact, Mr. Hocker, [sic] from the hotel has already sent me a message - Thank you!!! It looks like many of my concerns will be non-existent, but I am trying to meet with him shortly on Monday.

I will attend the meeting in any case, and if necessary send out those letters, if the hotel and I are not able to resolve any concerns. But so far, I feel very positive.

Thanks again.
Barbara Armbruster


9) Public hearing is set on tree ordinance

May 14, 2002

The Birmingham City Commission Monday night set a public hearing to obtain citizen input on the proposed Tree Preservation Ordinance. The hearing is set for Monday, June 10, at 8 p.m.

The place of the hearing was tentatively set for the commission chambers at City Hall, but Mayor Dianne McKeon acknowledged that the venue may not be big enough, and said that if a new location is chosen, it will be announced to the public.

Members of the public were urged to review the 19-page proposed ordinance, along with a summary, on the city's website at http://www.ci.birmingham.mi.us.

10) Racky's quick wit adds levity to Commission

May 14, 2002

Ever a source of amusement, the City Commission didn't disappoint Monday night. But it wasn't Dante Lanzetta's pontifications that brought chuckles. It was Commissioner Rackeline Hoff's quick-witted reply to one of Mayor Dianne McKeon's polite efforts to assert herself.

McKeon, bless her sweet soul, makes up for a lack of true leadership skills by keeping order in the court. Sometimes she goes overboard.

On Monday night, during discussion of a proposal to pave Hazelwood Street in the Holy Name area, Planning Board member James Neuhard addressed the commission on neighborhood efforts to plan for future improvements.

Commissioner Hoff had a question. McKeon recognized her.

"Mr. Neuhard...," Hoff began, facing Neuhard.

McKeon interrupted. Please address questions to the chair, she told Hoff.

Hoff wheeled toward McKeon. "Mr. Neuhard," she repeated, facing McKeon squarely, and barely missing a beat as she continued her question.

We're likin' that Racky more and more every week.

11) Commission misses chance to pluck thorn

May 14, 2002

The Birmingham City Commission missed an opportunity to remove a thorn from its side Monday night when it turned away Julie Plotnik from her bid to join the General Investment Committee.

The advisory committee assists the city treasurer in determining appropriate investments for the city. Plotnik, a licensed stock broker, lost the appointment to Kenneth Pocius, an attorney.

Plotnik, of course, ran against three of the commissioners in the last election. She's thrown her hat in the ring three times since for advisory boards, including the Parking Advisory and Traffic & Safety boards.

We thought the relatively innocuous investment committee would have been the perfect place for the commissioners to stash Plotnik, and effectively end her bid to replace John Henke as the "Susan Lucci" of Birmingham politics.

Henke, who ran for commission in the last election but withdrew at the last minute, also applied for numerous boards and was turned down. Susan Lucci is the soap star who was nominated for Emmy Awards 19 times before finally winning one.

Interestingly, Plotnik won the support of one of her former opponents, Rackeline Hoff.


12) To be removed, send a request to info@bhambuzz.org
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