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THE BIRMINGHAM BUZZ
"It's the 2016 Plan, stupid."
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Buzz # 43 -- March 13, 2003

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

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In this edition:

1) Party turnout light, except for commissioners
2) PSD pissing match heats up in O&E letters
3) Snow falls, fines pile up
4) League to sponsor forum on bigfoot homes

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1) Party turnout light, except for commissioners

March 12, 2003

Turnout for the Paul Marion Reagan-sponsored "fellowship" party Thursday was less than 25% of expected, according to several attendees. Unclaimed name tags outnumbered claimed tags by about three to one.

Nonetheless, a majority of the current City Commission was in attendance. Mayor Seth Chafetz and commissioners Dante Lanzetta, Donald Carney and Gordon Thorsby constituted a quorum, but reportedly no city business was conducted. That's good, because if they happened to discuss city business (imagine that!), they would have been in violation of the Michigan Open Meetings Act, which requires public notice.

Commissioners Russell Dixon, Dianne McKeon and Rackeline Hoff were not invited and didn't show. Planning Board member George Dilgard told one attendee the three were "outsiders" who had chosen to go "out on their own."

The low-budget, alcohol-free event featured stale doughnuts and cookies -- and no speeches. The coffee was average, and bottled water was available -- until it was whisked away at 8:55 p.m., five minutes before the announced close of the party. Reagan interrupted his hosting duties for a foray to the parking lot, where he removed Buzz leaflets that had been placed on car windows.

It was held, appropriately perhaps, in a small corner of the dying Adams Square mall.


2) PSD pissing match heats up in O&E letters

>From the Birmingham Eccentric

Points missed

March 6, 2003

The article about the PSD dispute in the Feb. 24 Eccentric failed to mention several critical points that I believe should be brought to the attention of the public.

One of the reasons for the changes that I am advocating is to eliminate the conflict of interest presented by the city manager both choosing the members of the board of directors of the Principal Shopping District (PSD) while at the same time sitting on the city commission and on the board of the PSD.

The PSD is a department of the city and the city manager is an employee of the city. With the PSD taking political stands in the past as a board, the city manager is put in a position where a board on which he participates (the PSD) is opposed to positions taken by the city commission. In my view, this sets up a conflict for the city manager.

The recent joint meeting between the city commission and the PSD made it clear that the PSD would very likely be taking political positions in the future. The problem will continue.

Second, I am advocating a change with regard to the rental of Shain Park. The rental of Shain Park during the Dream Cruise produces much of the $100,000 per year profit that has been generated for the last two years by the event. In my view, it is inappropriate to allow rental income from a city park to be allocated to the PSD, particularly in view of taxpayer support for the $25 million bond issue for park improvements (including Shain Park) in the fall of 2001. This is taxpayer property and therefore taxpayer revenue.

The PSD has now received $6 million over a period of 10 years. Some aspects of the PSD have been successful, while others, (particularly in view of the recent failure of Jacobson's) should be given close scrutiny. In my view, a review of the PSD ordinance at this time is appropriate and in the best interests of the citizens of Birmingham.

Donald F. Carney, Jr.
City Commissioner
Birmingham

Slighting the PSD

March 13, 2003

In the March 6, Eccentric, Letters to the Editor, I find dubious the rebuttal letter of Birmingham City Commissioner Donald Carney, Jr. and his "lame" reasons for slighting the PSD!

Is this the same Donald Carney, Jr. who, along with several others (I assumed former) Birmingham Eccentric readers and subscribers, vowed to never read, subscribe or participate with the Birmingham Eccentric ever again after the last city election?

Yeah, I know it is -- at least this guy is consistent!

Randy S. Moore
Birmingham

'Misrepresentations'

March 13, 2003

I would like to clarify some gross misrepresentations and distortion of fact by commissioner (Donald) Carney in his most recent letter to the editor.

First, there is simply no conflict of interest in having the city manager make the initial selection of PSD candidates. What Commissioner Carney conveniently neglected to mention is that he and the remainder of the commissioners subsequently have the final power to approve or reject any and all of the city manager's choices.

In addition, a review of all votes taken at the PSD will reveal that the city manager abstains from voting on any issue directly involving city service, rules or regulations.

Second, unlike any other board in the city, the PSD operates from funds collected solely from landlords/merchants located within the defined PSD district. They do not utilize any citizen tax dollars. In an effort to ensure that the downtown continues to serve as a center for business, service, social, cultural and community activities, the PSD has a responsibility to represent that group. That is what commissioner Carney calls "political." I suspect that if you were anti-business or anti-development then the PSD would not be your favorite board.

Third, the PSD strives to provide leadership in marketing, advertising and promotion of downtown Birmingham. It did just that in developing the Dream Cruise event into a profit-making venture. Commissioner Carney is correct in his statement that Dream Cruise generates $100,000 in PSD revenue. Add that amount to the taxes provided by the PSD members and you have a PSD budget in 2002-03 of approximately $956,000.

Now the interesting part: What commissioner Carney again fails to mention is that over one-third of that budget ($331,000 to be exact) goes directly back into city services. Event-related police and fire protection, snow removal, sidewalk cleaning, equipment rental, flower watering, holiday lighting, doggie scoopers and permit fees are all paid for by the PSD.

In light of recent commission expenditures does anyone really believe the city can spend that $100,000 any more effectively?

Finally, Commissioner Carney's attempt to infer that the PSD is somehow responsible for the demise of Jacobson's is ludicrous as well as shameful. I would urge all commission members and the citizens of Birmingham to read the PSD's mission statement and use that as a yardstick to determine the value provided to the city by this hard working, dedicated and passionate group of volunteers.

Douglas R. Fehan
PSD Board Member
Birmingham


3) Snow falls, fines pile up

>From the Birmingham Eccentric

By Larry Ruehlen

March 9, 2003

Though numbers are dropping, hundreds of Birmingham residents continue to get fined when snow falls on the sidewalks of Birmingham.

"We've seen a dramatic decrease in violations," said Bob Fox, assistant director of public services. "I hope people are getting the message."

On Jan. 5, 438 Birmingham residents were ticketed for failing to clear snow from their sidewalks in a timely manner.

Resident Deanna Roll was ticketed but has since managed to avoid fines. Despite that fact, Roll still isn't happy with the city's policy.

"I still wish they would send out warnings," said Roll. "That way, they would know who the habitual offenders are instead of attacking the average person who is trying to keep up but doesn't have time to shovel that day."

Roll was ticketed $65 after returning from vacation. She complained that she wasn't home when the flakes flew on Jan. 2, but it didn't help. As Roll was planning an appeal, a letter from the city arrived that said she didn't have to pay after all.

All 438 residents who were fined the week of Jan. 5 were let off the hook because the city didn't follow its own legal notice rules. Although the ordinance was adopted in 2000, the city, by law, publishes the ordinance every year as a reminder for residents. That reminder was posted in December 2002 and the violations were issued in 2003, so the city had to re-post the ordinance and revoke the tickets.

Once the city published the ordinance the correct way, non-shovelers were once again fair game.

On February 23, 5.8 inches of snow fell in Birmingham and just over 200 residents were ticketed -- less than half the number ticked the time before, said Fox. When 4 inches of snow fell Wednesday, the number of ticketed residents dropped below 200.

"We left an explanation of the ordinance this time," said Fox. "We are trying to eliminate repeat offenders."

According to the ordinance, residents must clear snow or ice within 12 hours. If snow stops falling in the middle of the night, it must be removed by 6 p.m. the following evening. In the neighborhoods, residents must keep sidewalks clear of snow and make sure firefighters have access to hydrants.

If the snow is at least an inch deep, a contractor clears the sidewalks within the city's principal shopping district area. The cost is picked up by the PSD. Merchants are still responsible for additional snow in front of their stores, including the area near parking meters.

City inspectors drive around town after storms and residents file complaints as well. Either way, if the city verifies that snow has not been shoveled in time, a work order is issued and a city crew clears the walk.

When the city shovels snow for a resident, it does so without warning. Fox said shoveling crews are now leaving letters of explanation after they finish the job, but residents still get billed $65.

If the bill isn't paid within 60 days, a special assessment roll is created and the outstanding amount is added to the annual property tax bill.

Subsequent violations can be subject to $100 fines and appeals can be made to the Birmingham City Commission.


4) League to sponsor forum on bigfoot homes

>From the Birmingham Eccentric

A panel discussion on "Big Foot" housing and how it impacts cities, townships and villages will be presented by the League of Women Voters Oakland Area at 7 p.m. on Tuesday, March 18, at Harlan Elementary School, 3595 N. Adams, between Big Beaver and Wattles in Birmingham.

West Bloomfield Township Planner Tom Bird and township Assessor Lisa Hobart will be joined on a panel by Irvin H. Yackness from the Building Industry Association of Southeastern Michigan. A question-answer session will follow the panel discussion.


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