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THE BIRMINGHAM BUZZ
"Let independence be our boast,
Ever mindful what it cost;
Ever grateful for the prize,
Let its altar reach the skies!"

--Joseph Hopkinson, "Hail, Columbia!"
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Buzz # 24 -- July 3, 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 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
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In this edition:

1) PAC backers hit with $1,300 state fine
2) Editorial: 'Ambiguity' in zoning delays plan for single-family home in business district
3) Editorial: The value of Jacobson's
4) Gutting of planning staff nearly complete with resignation of development director
5) Old Woodward sewer work strangling business
6) Editorial: Backing off on tree law was smart
7) MDOT official calls rejection "amazing"
8) Letter to Buzz: Allow some lefts at Bowers
9) PSD urges residents to participate in survey
10) To be removed, send a request to info@bhambuzz.org
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1) PAC backers hit with $1,300 state fine

July 3, 2002

From the Birmingham Eccentric

by Sam Tricomo

Allowing the paperwork to "slip through the cracks" led to two Birmingham business owners being fined $1,300 by the state's election commission for failing to file the paperwork for their political action committee.

Ted Fuller, owner of Central Park Properties, and Arnold Krieger, an owner of the accounting firm Parker Wittus & Co., are officers in the Birmingham Citizens Against 425 -- a political action group they formed last year to defeat a partnership between Birmingham and Bloomfield Township aimed at blocking annexation of a portion of Bloomfield Township by Pontiac.

"When we formed the group I was under the impression that (Krieger) would file the paperwork," Fuller said. "It's just something that slipped through the cracks."

An investigation by the Michigan Department of State found the group failed to file paperwork to legally establish the organization last fall. The state also found the citizens group also failed to file pre- and post-election financial documents detailing revenues and expenditures.

Ellie Gerber of Caddell's office said her office received several complaints last October from people who received literature from the group.

"People wanted to know where it was coming from and we didn't have any paperwork on the group," she said.

The group filed its pre- and post-election financial reports several months after the November election. That filing led election workers to notice the group had not filed its initial incorporation paperwork.

Fuller, who owns several properties along Birmingham's primary shopping district, Old Woodward, became upset last year the state of governmental operations.

He supported a slate of city commission candidates made up of Mike Wooley, Carol Greenslade and Julie Plotnik as the best choices for business and residents.

In backing that group, Fuller formed the Birmingham Citizens for Responsible Government. Paperwork for that group was correctly filed with the state and county.

Though his candidates and issues were defeated in November's election, Fuller said he remains committed to his local political ideals.

"Things are getting so bad that I feel the residents of Birmingham must get the correct information so they can do something about it," Fuller said. "I will continue to work toward that."

The past year in Birmingham has seen its elected officials wrangle over building heights, the scope of its downtown and the feasibility of partnering with neighboring Bloomfield Township to circumvent a $2 billion shopping/office and residential community at its border with Pontiac.

Even with political losses in these areas, Fuller said he will continue.

"Politics is a dirty business and I'm not familiar with it," Fuller said.

In becoming familiar with it, Fuller and Krieger will need to pay $1,300 in late fees to the county, according to Gerber.

Of that $300 dollars will pay for not originally filing their group and two $500 charges were handed down for their tardiness in filing financial reports.


2) Editorial: 'Ambiguity' in zoning delays plan for single-family home in business district

July 3, 2002

Should single-family residential dwellings be allowed in Birmingham's central business district? The Planning Board can't seem to make up its mind. After approving two single-family residences, it now say says that our overlay zoning ordinance is ambiguous. Last Wednesday, it tabled a third request until it can study the issue in more detail at its next meeting.

The latest request comes from local developer Mel Kaftan, who was told his request for a preliminary site plan approval might have to wait at least three months if the Planning Board and City Commission decide that the ordinance needs to be rewritten.

Kaftan, who is seeking the approval for the property now occupied by Changes on the north side of Maple just west of Woodward, says he doesn't want to wait three months. He wants an answer: thumbs up or thumbs down.

If approved, he'll go ahead and renovate the retail space, and construct a home for himself above it. If denied, he says he'll go the Board of Zoning Appeals, and to court if necessary.

The Planning Board approved plans for single-family homes above Illusions by Sherri, on Hamilton Row, and on the site of the former Alvin's bridal salon on Pierce. On the basis of those approvals, and after speaking with two members of the city planning staff, Kaftan says he purchased the property. Kaftan described the most recent assurance he got from former planner Jill Bahm, whose City Hall office overlooks the Pierce Street project. "She pointed out the window and said, 'Look, they're doing it right there,' " he said.

Indeed, the city even extracted thousands of dollars in fees from Kaftan so that his proposed addition could be programmed into the city's virtual reality computer software. That programming was on display at Wednesday's meeting. The Planning Board was short on explanations of why the virtual reality work would have been required on a non-conforming proposal, but promised Kaftan a refund if his project is not approved.

Kaftan is understandably frustrated. "I don't mind tough," he says about municipal planning boards in general. "I've been in this business for 37 years, and I can deal with tough. But this?"

"This" appears to be a combination of factors.

Three city planners have resigned, including the two who assured Kaftan his development would be OK. They haven't been replaced yet, and in the meantime, their work is being done by an outside consultant who lacks local experience and perspective, who has a vested interest in telling city officials what they want to hear, and who clearly interpreted our zoning ordinance differently than those who resigned. The consultant, Wade-Trim, recommended that Kaftan's request be tabled, and didn't even prepare a report that the Planning Board could consider Wednesday.

In addition, city staffers who remain appear to be gun shy. City Building Official Mary Ferrario declined to interpret the ordinance, and left it to the Planning Board to sort out any ambiguity.

Birmingham's 2016 Plan clearly encourages more residential use in the central business district, and many properties are not suitable for multiple dwelling units. Illusions by Sherri, the former Alvin's site, and Kaftan's development all seem in line with the vision of the 2016 Plan, and the Planning Board's own decisions on the first two seemed to recognize this.

Any ambiguities in our ordinance need to be cleared up quickly. In the meantime, Kaftan's plans should be reviewed under the same interpretations afforded to the other two applicants.


3) Editorial: The value of Jacobson's

July 3, 2002

From the Birmingham Eccentric

It's too soon to publish the obituary for Jacobson's, but clearly the company is in desperate trouble.

Embroiled in bankruptcy and having defaulted on a loan to save itself, the company is weighing a plan to sell its buildings and possibly continue on with a leasing arrangement.

That may or may not work. If it doesn't, Birmingham, and indeed, the nation, is going to lose an historic retailer with rich history. Jacobson's was founded in 1868 and has had two buildings in Birmingham since 1950.

Losing them would be a blow to the city, not only for the impact on the retail base but also for its longtime presence in the city.

If Jacobson's goes under, it will follow in the tracks of such other once-major retailers as Montgomery Ward's and Crowley's. And we even lost the presence of Hudson's, as it was absorbed by Marshall Field's.

Perhaps that's that natural progression of the retail industry. Our shopping future may lie in Target and Wal-Mart and other stores like them.

If that's so, it's too bad. We have nothing against those stores, but losing the old anchor department stores is like losing a piece of our history.


4) Gutting of planning staff nearly complete with resignation of development director

June 23, 2002

From the Birmingham Eccentric

By Larry Ruehlen

Patricia McCullough has resigned.

McCullough, Birmingham's community development director, resigned Thursday to become the planning director for Bloomfield Township. Her last day will be in mid-July, said Dan Schulte, Birmingham assistant city manager.

"Losing a key department head is a certainly a loss for the city," said Schulte. "And we wish Patti well. But turnover is a natural part of life in the city... We'll have to make some adjustments."

McCullough could not be reached for comment on why she left the city after 16 years, the last seven of which she served as department head. Her departure is the third from the city's planning department in recent months. Keith Edwards, former city planner, took a planning job in Grand Blanc Township, and Jill Bahm, also a former Birmingham city planner, left for a job in the private sector.

When Edwards resigned, the city hired a private consulting firm to pick up the extra work. The city has not hired staff to replace Edwards or Bahm, but Schulte said the city will likely increase the role of consultants.

City Manager Tom Markus was not available for comment.

David Payne, Bloomfield Township supervisor, said a position was created and McCullough was the logical choice because of her planning expertise in the Birmingham/Bloomfield area. Both governments have signed a joint development agreement for a large parcel of land in the township. The city of Pontiac tried to block the development, and the matter is still in the courts. But if it does come to pass, McCullough will be key in carrying out the plans, said Payne.

When Edwards was planner, he was asked by the planning board to refrain from giving his professional opinion on zoning matters during a meeting of the planning board. He was visibly frustrated at the meeting, and resigned shortly thereafter without commenting on why he left.

Members of city commission have also questioned why city planners list the "unintended consequences" of proposed zoning changes on city memos. While such lists are supposed to point out possible adverse affects of decisions, members of the commission have said they didn't want the unsolicited opinions of city staff discussed at public meetings.

Birmingham Mayor Dianne McKeon said Friday that losing McCullough was cause for concern. She said it was easy to explain Edwards' departure because he got a promotion. McKeon said she couldn't explain why McCullough left.

"I really don't know of any animosity between the commission, the planning board and city staff," she said. "I know I treat people with respect and so do (commissioners) Russell Dixon and Rackeline Hoff. But I don't know what happens when I'm not around."

In January, an attorney representing Birmingham building official Mary Ferrario accused members of the city commission of meddling in personnel matters and threatened to file a sex discrimination lawsuit against the city. McCullough also hired an attorney but no lawsuit was filed.


5) Old Woodward sewer work strangling business

June 23, 2002

From the Birmingham Eccentric

by Michelle Jarboe

Though her business has survived a chemical spill and a fire, Ann Gail is now drowning in a sea of broken cement.

After closing her store on Telegraph Road in Bloomfield Township before the flood of construction began there in 2000, Gail was hit by a veritable downpour of cement at her Wyandotte and Detroit office supply shops. And it's going to be a rainy business season now that sewer work has begun on South Old Woodward - right in front of Gail's Office Supply.

Gail said 90 percent of the store's business is usually from walk-in customers who come through the front door. Now, with the building's front obscured by rows of nearly 6-foot high sewer pipes waiting to be buried, business has stagnated.

"I don't want people to think we're going out of business next week," she said. "But we need business badly."

Gail, who received a letter of notification from the city on May 22 announcing the construction, said she wishes there had been more time to plan for the disruption.

"They (the city) must have known for a month or more," she said. "If we had known, we would have asked people to take vacations, ordered less product and had signs made. If anything comes of this, they ought to learn to notify people... it's common courtesy."

Dennis Dembiec, director of Engineering and Public Services for the city of Birmingham, said the city policy is to notify affected residents and merchants about two weeks before construction begins. He also said the city has responded to merchant criticism by installing new directional signs to help customers find shops, but there is little the city can do to increase foot traffic, as people often avoid construction zones.

"We sympathize with them (the merchants), and we'll probably take a look at the (notification) policy," Dembiec said. "But, most of the time, we don't know the impact of a project until it begins."

The city's current project is meant to upgrade the sewer system and alleviate problems like basement flooding and backups. The installation of this massive $2.5 million relief sewer under South Old Woodward is currently progressing at a rate of 150 feet per day, and Dembiec said some concrete has already been replaced, placing the completion date for most of the work to the end of July.

Though the news that construction is ahead of schedule may ease some merchants' worries, many S. Old Woodward store owners feel the damage has already been done.

"I know it (the construction) has to be done, but oh my God, it created an awful situation for us," said Martha Twomey, co-owner of the M. T. Hunter Country Store.

Twomey, who sells furniture, colonial lighting and gifts of various sorts, has sent out flyers and worked to advertise her business. But she said there is little that can be done aside from wallowing in frustration as less customers stop by.

"Customers can't get in," she said. "And, if the people can't get in, they're not going to drop in by helicopters."

Though the current projection for completing the project is a bit of a relief to Twomey, who said she had no idea what she was going to do if the sewer work actually lasted until the originally forecasted finish of mid-August, she still cannot believe the situation she is presently in.

"People can't even see the store from across the street," Twomey said. "It seems like the construction descended upon us like a bunch of locusts intending to block off any traffic."

Rick Reaver, owner of the neighboring Charles Kent Reaver Diamonds store, has lost 60 percent of his business due to the blockage at his storefront. Though he runs radio and television ads encouraging customers to set up appointments to come in, the majority of his business typically comes from spontaneous walk-ins, who can use his parking spaces.

Without the parking and with no storefront visibility, Reaver is suffering.

"How many companies can survive on 40 percent of what they're used to?" he said. "I don't know how anybody can survive."

Although he attended a meeting about the construction and received prior notification, Reaver said the reality of the past couple of weeks still has been a total shock.

"We were told there would be construction, but the reality of seeing the street blocked off for this period of time is completely different from hearing about it in the abstract or in a meeting," he said. "I perfectly understand that the street has been blocked off for the past two weeks, though. There's just no way around it. But it looks to me as though they're going to park all their stuff in front of my store for the next few weeks - there's nowhere else to put it."

And Reaver said the directional signs that have been put up in response to merchants demands have been and will be of little help to him.

"They (the signs) aren't going to do anybody good," he said. "Merchants always like to see their names on a sign, I guess, but that's a poor substitute for access to your store."

Trying to soothe these merchant concerns, John Heiney, the executive director of the Birmingham Principal Shopping District, has been working as a liaison between the city and the shopkeepers. And he said, despite the general frustration, the fact is this sewer work is an absolute necessity for the city of Birmingham.

Heiney also confirmed construction workers are well ahead of schedule, and he said the city has been fairly sensitive to merchants by setting the work on a tight timeline and keeping it moving up the block as quickly as is feasible.

"The merchants would like to see it (the construction) completed as soon as possible, and we're working to get that done," he said.

Still, Gail's Office Supply and neighboring businesses are not yet out of deep water and no one is satisfied with the situation.

Reaver said an engineer with the construction company doing the work apologized for the inconvenience.

"I corrected him and said that is not the appropriate use of the word inconvenience," Reaver said. "When 60 percent of your business is deprived, it's something more than an inconvenience."


6) Editorial: Backing off on tree law was smart

June 20, 2002

From the Detroit News

Birmingham commissioners have sent the city's proposed tree trimming ordinance back for a rewrite. City officials got the message after residents criticized the measure at a public hearing.

For the moment, homeowners in the Oakland County community are largely free to prune or cut their own trees in the way they see fit. They don't need a city permit. And the homeowners need not go to court to reverse an unfavorable city pruning decision.

That's the way it should be. The first job for any ordinance rewrite: Uphold property ownership rights.

From the beginning, Birmingham's proposed tree ordinance was a stretch. The 18-page proposal begins by declaring a fiction called an "urban forest." It then proceeds to regulate the "forest" by protecting 47 popular trees, including birch, maple, oak and ash.

In dictating to residents, the ordinance defers to the standards of a special interest group, the International Society of Arboriculture (ISA), an Illinois-based organization of arborists, or tree care specialists. Among ISA's goals: "Driving change in public policy."

Cities, however, should be wary of letting special interests drive change, especially if it impinges on private ownership rights. A city, for example, would not defer to a society of contractors for zoning norms -- nor should it.

The tree ordinance specifically allowed the city government to consult with professional foresters, arborists, landscape architects, planners and engineers. Costs would be passed along to whoever applied for a pruning permit. In some quarters of Birmingham, wags dubbed the ordinance the Landscaper Job Security Act.

The ordinance is a maze of rules. Depending on its size and type, a tree can be designated "landmark" or "protected." A chart is used to determine a tree's "health." And in what smacks of a "Saturday Night Live" skit, the law says a tree with zero percent health is "dead."

Overall, the ordinance favors shade. That's a risky esthetic call for government because -- elsewhere around the country -- people are demanding "sun rights," access to sun unobstructed by a neighbor's shade tree.

Birmingham commissioners seek a narrower focus for the ordinance. For example, one area of legitimate concern involves contractors who damage trees on public property during construction.

Some say the ordinance should also regulate private trees whose roots and branches span two properties. But those are matters traditionally and properly left to neighbors. Birmingham need not be in the business of assessing fines and misdemeanor charges if such spats arise.

Overall, the commissioners did the right thing. They backed away from a bad law. They should be careful that the rewrite addresses specific public issues and not a general love of shade, however desirable.


7) MDOT official calls rejection "amazing"

June 16, 2002

From the Birmingham Eccentric

By Larry Ruehlen

A stack of free cash offered by the state to fix a dangerous intersection was rejected by the Birmingham City Commission Monday.

"I've been in this business for 34 years, and I've never heard of a municipality turning down a safety project," said Bob Lariviere, an engineer with the Michigan Department of Transportation. "This money was free. We were going to do the project... it (the rejection) is amazing."

[A diagram of the proposal is at http://www.bhambuzz.org/MDOT.htm.]

Lariviere has been trying since December 2001, to get the commission to accept up to $280,000 to eliminate the merge at Woodward Avenue and South Old Woodward. The intersection is particularly dangerous because vehicles traveling 25 mph on South Old Woodward must merge with vehicles on Woodward Avenue near Lincoln that are traveling nearly twice that speed. MDOT offered Birmingham the money provided the city follow the state's plan to redesign the intersection.

Earlier this year, members of the city commission said MDOT's concept was contrary to the Downtown Birmingham 2016 Plan and asked the state to take another look at the city's preferred option of installing a European "roundabout."

Though the state hasn't approved a roundabout in the past, Lariviere said the department did look into it but determined more study was needed -- study that the city would have to conduct and pay for. The plan Lariviere returned with Monday was unchanged, and he said the commission, after half a year of talking, had but a day to accept it.

City Commissioner Dante Lanzetta Jr. said he wasn't convinced bad road design was the problem because the state's accident statistics showed driver error played a factor in 102 of 109 accidents.

"What did the man say, 'if it doesn't fit, you must acquit,'" said Lanzetta. "Well, the numbers aren't there."

Lariviere said Lanzetta was focusing on the wrong statistics because the state's intent was to eliminate 100 percent of "sideswipe" accidents that occur at the intersection. He said no current traffic engineer would design the intersection as it is now configured, but the new design would eliminate all sideswipe accidents.

City Commissioner Rackeline Hoff said the area is dangerous and urged her colleagues to approve the plan. But Birmingham resident Paul Reagan said diverting traffic away from businesses and into a residential area was a bad idea and pedestrians would have to be "insane" to try and cross the road under MDOT's design.

Only City Commissioner Russell Dixon sided with Hoff in a 5-2 vote that rejected the state's offer.

Lariviere said the state had to spend the money soon so it would move on to other projects. He said Birmingham could get another shot at the cash in future years but the city has work to do.

"They wanted a roundabout, but the traffic improvements in the 2016 Plan are years off," said Lariviere. "It would take a lot of study and planning. It's not the state's job to bring forth the 2016 Plan."

City attorney Tim Currier said the commission's decision wouldn't increase the city's legal liability for future sideswipe accidents. He also said anyone with $100 could file a lawsuit that would test his opinion.


8) Letter to Buzz: Allow some lefts at Bowers

June 14, 2002

I frequent the travel area you mentioned (several times daily; I have an office on Elm) and want to point out one of the key issues here. It involves the traffic flow a few blocks north of the merging area.

When the traffic people eliminated left turns from southbound Woodward onto Bowers (a good idea) in the last year or so, they also eliminated left turns onto Woodward from Bowers. This has never been a back up problem but probably done on principle of no left turns at the entire intersection.

With no left turn allowed, westbound Bowers traffic desiring to go south on Woodward is forced onto busy Old Woodward, resulting in new congestion at that intersection (very difficult to complete the left turn onto Old Woodward) and then further aggravating the merging issues (as you detailed) as they proceed south.

I sent this suggestion to the traffic planners in Birmingham after having some experience with the changes made, but I never received the courtesy of a reply, much less any action. Maybe the power of the Press would help.

Thus, I am convinced that allowing Bowers traffic to turn left onto Woodward would alleviate matters considerably.

Lee Miskowski
Birmingham


9) PSD urges residents to participate in survey

June 17, 2002

The Downtown Birmingham Principal Shopping District (PSD) is urging Birmingham residents who are called to participate in a telephone survey to be conducted soon as part of a market research study by the Strategic Edge.

The research will also include an on-street survey. The goal is to determine primary trade area; shopping and dining habits, preferences and perceptions; shopper and population demographics and downtown Birmingham patrons and non-patrons living in the trade area.

The research is to be completed by September 2002, and will assist the PSD in its marketing, advertising and promotional efforts.


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