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THE BIRMINGHAM BUZZ
"What are you mad about?"
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Birmingham Buzz # 49 -- June 9, 2003

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In this edition:

1) City knew about failing sewers, but didn't make warranty claims or notify
2) Farmers market support is overwhelming
3) Woodward trees stressed, but alive
4) Duany fields proposals for Shain Park
5) Duany evaluates city's development
6) Chamber director abruptly steps down
7) Hilton Hotel eyed for Woodward Site
8) Comment: Axis tastes own medicine: 'Yuck!'
9) Community House garden construction halted
10) Comment: PSD 'debate' was absurd
11) Ugly site a blight, man says
12) Work snarls parking structure traffic
13) Comment: Meetings start late, last too long
14) Comment: Thornsby charges into losing battle
15) Comment: Ethics Ordinance is bad lawmaking by bad lawmakers; apply to board in protest
16) Comment: Is Ralph Seger really the right man to invest our cash and decide Barnum's fate?
17) Ethics law will be revisited by city
18) Budget passes, PSD money intact
19) Comment: Ignore the new ethics ordinance
20) Comment: Scrap the new ethics ordinance
21) Letter to Buzz: Passage was power play
22) Letter to Buzz: Swear-in is good enough
23) Comment: Sidewalk not needed
24) Quarton Park may stay closed until 2004
25) Letter to Buzz: Get real about tax increase
26) City adopts far-reaching ethics law
27) New tree law carries hefty fines
28) Comment: Anti-development policies = tax increases


1) City knew about failing sewers, but didn't make warranty claims or notify homeowners

The City of Birmingham was aware that Orangeburg sewer connections were failing during their 30-year warranty period, but didn't make any claims on the warranties, and failed to notify city residents of the problem, according to a report to be presented to the City Commission Monday night.

Petitions signed by dozens of Birmingham residents will back up a plea for more city money to repair the so-called "lateral" sewer lines that connect many homes to Birmingham's sewer system.

The presentation, prepared and submitted by nine city residents, will form the basis of a town hall meeting before Monday's regular City Commission meeting. The presentation begins at 7 p.m. at City Hall.

The residents are seeking more city funding for repairs to failed Orangeburg sewer connections. The connections were installed between 1945 and 1962. The Orangeburg material was a form of paper. City officials say it was state-of-the-art when installed. But the residents say the city was aware of problems with the material in the late-1960s, but did nothing.

The city is taking the position that a sewer lateral, which runs from the home to the sewer main, serve only the property owner. So despite the fact that a portion of the sewer runs under public property, maintenance or replacement of the lateral is the property owner's responsibility.

The residents say that policy is inconsistent with other city policies. For example, they say that the city considers a tree on city property to be city property. When the roots of that tree damage a sidewalk, the city will pay for repairs. But when the same roots damage a sewer lateral, the city requires the property owner to pay for repairs.

The city has developed a program to help residents determine the extent of damages and bid out work, but it has refused to pay any of the direct costs of replacements.

The residents say that's not enough, and they want commissioners to consider several alternatives, all of which would have the city pick up part or all of the tab.

With the average cost of a repair estimated at $5,000, the cost to repair all failing sewers in town would run into the tens of millions.


2) Farmers market support is overwhelming

June 9, 2003

Sixty-two of 70 respondents to a city survey said they support the idea of a farmer's market on Gallery Row. All 18 merchants who responded supported the idea. Forthy-four of 52 residents expressed support.

The regular Sunday farmers market would become a summer tradition if plans are approved by the City Commission at it's 8 p.m. City Hall meeting tonight.

The market -- proposed for Parking Lot #6 on North Old Woodward, just north of Harmon -- would begin Sept. 7 and run through Oct. 26. The eight weeks would be a test run for a longer stint proposed for future years.

Area farmers and Birmingham merchants have been invited to participate in the market, which would run from 8 a.m. to 2 p.m. each Sunday.

The event was proposed by Birmingham residents Julie Plotnik and Stephanie Jacobson. (Plotnik is a Buzz editor.) Although the event would be administered by the Principal Shopping District, no city funds have been requested for the event. Plotnik and Jacobson have already obtained private commitments of $10,000, and they are confident that upon approval, they'll be able to raise the additional $30,000 to pay for the event this year.

The plan was presented to the commission at its May 19 meeting. A decision was deferred until neighboring merchants and residents could comment.

Results of the PSD survey, which can be read by visiting http://www.bhambuzz.org/pdfs/farmers_market_survey.pdf, will be presented at the meeting tonight. Public comments also will be welcomed.


3) Woodward trees stressed, but alive

The Armstrong maples transplanted last year into the redeveloped Woodward Ave. median show signs of stress, but root growth and circulation appear to be good, according to a report presented to the City Commission Monday. It may take up to five years for the trees to fully recover from their transplantation.

City staffers, contractors and several consultants have examined the trees over the past several months. Last week, a representative of the Michigan State University Department of Horticulture took several soil samples aimed at determining salt and nutrient content.

City staffers promised to monitor the trees and provide regular updates on their progress.


4) Duany fields proposals for Shain Park

June 5, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

That residents want to expand Shain Park was made clear Saturday, but whether it will happen remains unclear.

"This is one of the better meetings for Birmingham in terms of people coming together," resident Leo Eisenberg said. "But we shouldn't fall into this distinction about town and city. It's the same by any name ... I'm 48, so please do this in my lifetime. When I start to hear that we are going to dig to the bottom of the earth for a parking structure that we can then sublease to New York, I get nervous."

Several residents said Duany's 1996 impression that Birmingham wanted to become a bustling city may have been misguided. They asked for a simple "village green" concept to expand the park that would contain traditional playground equipment.

"There is an appeal to a village green," Duany said. "You know that everything is very specific and calmed down. Even the fountain is very sophisticated. A village doesn't have a fountain. This just happens to be what kids really love at this moment."

Others in the crowd were more receptive to the city concept and welcomed the idea of a children's play fountain that would draw throngs of people downtown on warm days. They liked Duany's suggestion of a permanent pavilion that could function as a performance stage that would bring the whole community together for concerts in the park.

Duany's design shows one half of the park as a "formal room" with a water fountain and ornate trees and the other as an informal space with a section of grass, a band shell and 48-space parking lot. Land for the expansion would be gained by planting grass on much of what is now municipal parking lot No. 7, next to the park

"The single most important thing is moving that parking lot," Duany said. "Restoring that space would really be an improvement."

The meeting was a charette where ideas between the designer and residents are shared freely. Most in the audience agreed that more green space was needed. Birmingham City Commissioner Dante Lanzetta suggested turning all of lot No. 7 into park space and adding more head-in parking around the perimeter of the park. Duany said the idea was a good one and that he could easily come up with a drawing to show how it would work.

Another plus of Lanzetta's idea, Duany said, is that the Freedom of the Human Spirit sculpture could be moved to the new center of the park, which would actually be on Merrill Street.

Parking was once again a major topic of conversation. Officials from The Community House said adequate parking for their patrons should be provided. Birmingham resident George Dilgard said he researched the idea of adding underground parking and it would likely work in the city. Duany advised against it and said trees often struggle when planted above garages.

Birmingham resident Chris Ilitch said the city should look for outside financing if need be for improvements.

In the end, the Birmingham City Commission asked Duany to submit a proposal to draw a basic village green concept and a plan that incorporates Lanzetta's parking suggestions into his current design.

No date for receiving the document was set, but Duany said it would cost an additional $10,000.

Published with permission from the Birmingham Eccentric


5) Duany evaluates city's development

>From the Birmingham Eccentric

After the meeting on Shain Park, urban planner Andres Duany sat down with Birmingham Eccentric Reporter Larry Ruehlen. The topic of conversation was the Downtown Birmingham 2016 report - a plan Duany authored that was supposed to shape development in Birmingham for the next 20 years. Duany, who along with his wife has planned 200 towns, was recently named one of the 50 most "revolutionary" people of his generation by AARP The Magazine.

How would you assess Birmingham's progress with the 2016 plan?

There has been a huge of amount of pioneering done. Some of the bigger buildings, such as the new movie theater, have been built. That was absolutely essential and it is already done. Some of the small things like the street improvements have started as well. They have actually done quite a bit. The next step is the development of the former Jacobson's buildings. It would be nice if whatever happens to them fits in to the fabric of the community and I believe they will.

There has been a lot of talk about whether Birmingham should be a five- or six-story town. Does it matter either way?

You either have one- to three-story towns or four- to six-story towns. The difference between five or six is trivial. It doesn't matter at all. It's a matter of personal taste. What doesn't work is an eight-story building in a three-story town.

It seems that some of the people at today's meeting weren't content with how much the implementation of the 2016 plan has changed the city. Does that concern you?

The one thing that I took from the 2016 charette process was that Birmingham was a very ambitious place. Its people wanted to see the city get to the next level very quickly. What we are seeing now is a bit of a backlash and that's understandable. Some said the original process wasn't representative, but I will tell you that I was here talking to the people for 10 days. I went to the shops. I talked to residents for hours at a time. It was a very immersive experience and those people were ambitious. They wanted to see Birmingham get to the next level and that is reflected in the (2016) plan. Shain Park could be fine as a village green, and I'm not ruling that out at all. My job is to raise possibilities and bring ideas to life.

If you had your way, is there anything in the plan that you would implement right away?

More of the traffic-calming measures. Some of them have been done, but not enough. And I would encourage more tall buildings around the perimeter of Shain Park. Without them something is lost. That park should be the city's living room and tall buildings would help define the space.

Published with permission from the Birmingham Eccentric


6) Chamber director abruptly steps down

June 5, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

Political fallout from an ill-timed comment may have forced the resignation of Birmingham Bloomfield Chamber Executive Director Christine Winans.

Winans resigned Monday in the wake of a Wednesday merchants meeting where Winans questioned whether Birmingham Mayor Seth Chafetz was pro-business. Chafetz was in the room but Winans didn't know it at the time.

"It may have factored into her resignation," said Birmingham Bloomfield Chamber President Carol Greenslade.

Winans didn't comment on why she resigned, but she did say it was a "mutual decision" she reached with the chamber officials. Her resignation was effective immediately and she had moved out of her downtown Birmingham office by Tuesday.

"I am proud of what the chamber accomplished in the eight years I was director," said Winans. "The chamber has substantially increased membership and established many popular programs and benefits for members.

Greenslade said the chamber will begin searching immediately for a replacement and expects to fill the position within four to six weeks.

"We want to find someone who will continue to re-establish and build strong relationships with merchants and local city officials," said Greenslade.

There is a merchants' association and a chamber in Birmingham and the two groups haven't always been allies. Greenslade said she would like to see more merchants involved in the chamber.

Relations between elected city officials and the chamber have been strained since the 2001 city election, when individual chamber members backed a losing slate of candidates for the Birmingham City Commission. Since then, the majority of the commission has made decisions that some merchants considered anti-business. Most of the decisions were related to development issues, and chamber members often spoke out at city meetings.

Winans' 2002 candidacy for the 40th District in the Michigan House of Representatives also raised a few eyebrows in town. Winans didn't make it past the primary, but some questioned her decision to run while still the chamber director. Winans took unpaid leave to focus on the campaign, and Greenslade said Winans "actually did a pretty good job of keeping the issues separate" during the election.

Greenslade said politics do play a role in the chamber, and Winans, in an appropriate setting, wouldn't have been out of line in telling members which commissioners support business.

"But this wasn't a political gathering," said Greenslade, "it was a merchants' meeting."

Winans said she is looking for a job in the non-profit sector.

"I'm lucky in one respect," said Winans. "My resume is already done."

Published with permission from the Birmingham Eccentric


7) Hilton Hotel eyed for Woodward Site

June 1, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

A vacant gas station would be replaced by a five-story hotel, and The Hunter House restaurant would be torn down and rebuilt under a proposal presented to the city Wednesday.

"The reality is that some things don't always stay the same," said Mark Papazian, owner of The Hunter House, 35075 Woodward Ave. "But I wouldn't even consider this if Victor (Saroki) didn't assure me he could rebuild the place and make it look 53 years old."

Saroki is a local architect who has designed several buildings in downtown Birmingham. He presented a preliminary sketch of a 135-room hotel planned for a site currently occupied by a vacant Sunoco Gas Station at 35001 Woodward Ave. at Maple. Saroki outlined the plan to the Birmingham Planning Board.

A formal site plan has not been submitted, and Papazian said final contracts for the development haven't been signed.

The planning board has approval powers over granting a fifth story. The board can deny the fifth story of a building if it would, in the board's opinion, negatively impact the sunlight and air of neighboring residential or historic districts. The board can also deny a fifth story if the building isn't harmonious with adjacent structures.

Under city zoning rules, the fifth story would have to be residential, and the proposal includes 10 apartments on the top floor. It also includes retail spaces for the Maple Road frontage, which meets another requirement.

"I would say the response was generally favorable," said Jim Sabo, Birmingham city planner. "But the board did have some concerns."

In the Downtown Birmingham 2016 Plan, urban planner Andres Duany recommended transforming what are now two gas stations into a gateway to the city including twin buildings with a retail component.

"Concerning the twin buildings proposed, they are so rare in the United States that, if Birmingham were to conjure up a pair like the ones illustrated, they may well become a regional or even national landmark," said Duany, in the report.

There is also a gas station on the south corner of Maple and Woodward. Sabo said the hotel could be the first of two buildings that would form the intended gateway.

Papazian said the place would be rebuilt much the same as it is today but with many upgrades such as new air conditioning that would make it better for customers. The Hunter House would fit under one of the corners of the hotel and guest rooms would effectively be right on top of the restaurant.

"We wouldn't become a modern burger joint at all," said Papazian. "It would be the same, only bigger and better."

Papazian is also involved in a Hilton Hotel currently being built in Detroit's Harmony Park area.

Christine Winans, director of the Birmingham Bloomfield Chamber, said recent surveys haven't indicated a need for more hotel space.

"You can't build a hotel based on needs for special events," said Winans. "But certainly the Hilton wouldn't be looking at Birmingham unless the city could support another hotel."

The next step would be for the developers to submit a formal site plan to the city.

Published with permission of the Birmingham Eccentric.


8) Comment: Axis tastes own medicine: 'Yuck!'

May 30, 2003

Mayor Seth Chafetz and Jacqueline Carney, wife of Commissioner Don Carney, got a taste of their own medicine this week when the city's Community Development Department briefly shut down their pet garden project at the Community House. (See story below.)

Chafetz and Carney's husband have been openly distrustful of city staff, and supported efforts by the Planning Board to limit city staff authority to issue so-called administrative approvals, which include permits and approval of changes to site plans.

Efficient operation of the city and projects going on here require that city staffers be authorized to use their best judgment in approving permits and minor changes to site plans. After all, isn't that what we pay them for?

But the Planning Board and Mssrs. Chafetz and Carney don't think the experienced, paid professionals are capable of doing the job. They think a Planning Board populated by obstructionist cronies (for some reason, the name Gary Kulak comes to mind)are better able to make those judgments.

At one point a few months back, the pressure was so great that City Manager Tom Markus suspended all administrative approvals. Builders and others, including the Community House, were caught in the middle. Many, like the Community House, chose to go ahead with their plans despite the cumbersome restrictions.

The Community House, for example, in a project unrelated to the garden planting, was forced to go before three boards over numerous months to gain approval to place two elegant statues by the late, great Marshall Fredericks, in front of its building. It spent almost $3,000, and untold staff hours, complying with the requirements, and ultimately installed the statues before gaining final approval from the City Commission.

While the strict moratorium on staff approvals has been lifted, the threat of being called on the carpet by the likes of Carney, Chafetz, Planning Board Chairman Kulak and others has staffers still walking on pins and needles.

That's why, this week, when a city staffer saw an obvious violation of ordinances, even for such an innocuous project as a garden planting, a stop-work order was issued. It took Markus' intervention to lift the order.

Chafetz and Carney were oblivious to the order until it had already been lifted, much the way they -- and the likes of Krazy Kulak -- are oblivious to most of the real challenges faced by people working in our city every day. We doubt Chaftetz, Carney or Kulak would have been willing to cough up $3,000 to run the gauntlet they forced the Community House through!

After it was all over, and after all the people who actually have to make things work did their jobs, Carney and Chafetz reportedly expressed indignation over the episode.

Aw.


9) Community House garden construction halted

May 30, 2003

Construction of the new Community House gardens was halted earlier this week, and a stop-work order was placed on the project, after officials failed to obtain proper permits for the project.

Jacqueline Carney, a local florist and the wife of City Commissioner Donald Carney, is in charge of the project. Mayor Seth Chafetz is an honorary chair of the garden committee.

"It's all resolved," said Shelley Roberts, President of the Community House. The stop work order was placed on the project around 5 p.m. Tuesday, "and by 3 o'clock the next day, it was lifted," Roberts said.

The gardens are to be unveiled at a charity preview party and gala grand opening June 13 and 14. Roberts said the gardens would be finished in time for the opening.

Numerous local florists and landscapers are participating in the project. Construction was shut down after a city staffer noticed the closure of Townsend St. as the Community House took delivery of plant materials.

The street closure, and the construction project itself, both require approval of the city. The latter is required because the Community House operates under a Special Land Use Permit. Any changes to the exterior of the property, including landscaping, are subject to approval by no fewer than three city boards: the Historic District and Design Review Commission, the Planning Board and the City Commission. In some cases, however, administrative approval by city staff is sufficient.

Several months ago, the Community House wanted to install two Marshall Fredericks baboon sculptures. But under pressure from Planning Board members, who repeatedly challenged staff approvals and insisted on rewriting the rules for them, City Manager Tom Markus temporarily halted all such approvals. As a result, the Community House was forced to go through all three boards, and spent nearly $3,000 plus staff time complying with the rules, Roberts said.

This time, staff approval was sufficient to allow the planting to proceed.

Roberts said Carney and Chafetz were upset with the order, but didn't find out about it until after it was resolved. Chafetz and Carney's husband have been critical of city staff and staunch supporters of those seeking to curb staff approvals.

10) Comment: PSD 'debate' was absurd

>From the Birmingham Eccentric

May 22, 2003

The Birmingham City Commission approved funding for the Principal Shopping District, but the "debate" that accompanied the approval was absurd.

City Manager Tom Markus, who sits on the PSD board, was challenged with having a conflict of interest by Commissioner Don Carney. Markus shot back at Carney, saying he has a conflict of interest because his wife owns a business in the PSD.

Markus sits on the PSD as part of his job. Carney's wife certainly has a right to own a business anywhere she chooses, and that doesn't automatically disqualify him from speaking on the issue.

The point is that neither of these charges carries any weight.

The PSD performs a valuable function. It helps contribute to a healthy downtown, which is essential to maintaining the community. The commission had to good sense to recognize that and approve the PSD funding. If only it would develop the good sense to not argue over the matter.

Published with permission of the Birmingham Eccentric.


11) Ugly site a blight, man says

May 25, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

It's ugly and has to go, said John P. Morgan, speaking of a 1929 apartment building on Birmingham's Bloomfield Court.

"It's been gutted and boarded up, so it would look perfect in downtown Detroit," said Morgan, an architect. "I call it Cass Corridor north." Cass Corridor is a section of Detroit with many dilapidated buildings.

Morgan said his neighborhood of 11 single-family houses is no place for an apartment building, let alone one that has been long-neglected.

A development company recently purchased the apartment building with plans to turn it into condominiums. Morgan wrote a scathing letter to the Birmingham Board of Zoning Appeals asking it to block the renovation project. The BZA voted the other way and plans are proceeding.

Birmingham City Manager Tom Markus said the BZA had little choice because the multi-family use runs with the property, not the owner. The company that now owns the building, Orchard Lake-based Paramount Development, has the legal right to refurbish the building for multi-family use. Paramount officials could not be reached for comment.

Mary Ferrario, Birmingham building official, said Morgan would have to pursue the matter in court because the developers weren't adding square footage to the building -- a move that would have triggered a full site-plan review by the city. Current plans call for reduced density as the building will go from 12 apartments to eight condominiums.

"It's a legal, non-conforming use and there isn't much the city or the BZA can do about it," said Ferrario.

Markus agreed.

"We all want something to be different from time to time, but that doesn't mean we can do anything to change it," he said.

Morgan, a founding member of the Birmingham Historical Board, said the building lacks historical significance and is devoid of charm. He said condominiums can be done in an attractive manner but the proposed ones will be anything but.

"They are going to slap on some granite counter tops and call them high-end condos," said Morgan. "I call that condos on the cheap."

The BZA is by law an autonomous board. Its decisions can only be challenged in court -- a step Morgan said he is unwilling to take.

Published with permission of the Birmingham Eccentric.

12) Work snarls parking structure traffic

May 25, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

Getting in and out of Birmingham's Pierce Street Parking Structure will be difficult for much of the summer.

"When the work is done, the garage will handle exiting traffic better," said Paul O'Meara, assistant director of Birmingham city planning. "It will also have handicap access and look a lot better when it's done."

The garage's Brown Street entrance will be completely renovated. It will close on June 9, leaving only the Pierce Street entrance open during construction.

Workers will completely remove the existing drive lanes and replace them with lanes that are supposed to improve traffic flow. The pedestrian walkway between the Pierce Street Structure and the 255 E. Brown St. alley will be improved as well.

Pedestrians will be able to enter and exit the parking structure from both sides during construction. The Brown Street entrance is scheduled to reopen in July, with the entire project wrapping up in August. Once the Brown Street entrance reopens, the Pierce Street entrance will be closed for a one-week restoration project.

The redesign includes space for public art but a work hasn't been planned or purchased.

O'Meara said the city will strive to reduce inconvenience to people who use the garage. Anyone who needs more information or has concerns may contact the city engineering division at (248) 644-3865.

Published with permission of the Birmingham Eccentric


13) Comment: Meetings start late, last too long

May 21, 2003

Another City Commission meeting ended past midnight this week. In fact, Monday night's meeting, which started at 8 p.m., went well past 1 a.m.

What's going on?

First of all, Monday's meeting was really two meetings: First, a joint meeting with the Planning Board (which lasted more than two hours), and then a regular City Commission meeting.

But that wasn't the only reason things got out of hand. This and many other meetings last much too long because our city's elected and appointed officials are trying to manage many details of city administration that ought to be left up to paid professional staffers. They go far beyond setting policy. The City Commission insists, for just one example, on reviewing every request for the removal of a tree on city property.

Our recent mayors, Seth Chafetz and Dianne McKeon, have failed to exercise any real leadership or control over the meetings. Discussions, often repetitive and beside the point, drone on and on. Good leaders recognize the important issues and keep business on track.

One of the biggest reasons these meetings go on forever is because so many of the proposed ordinances and ordinance amendments are incomplete and/or ambiguous. Maybe that's because so many of them are written by the commissioners, Planning Board members and their cronies themselves -- often against the better judgment of the paid professional staffers and attorneys.

Until we have elected and appointed officials with some intelligence and reason, who understand their roles and trust their staffs, these meetings will drone on and on.

Until we have elected and appointed officials with some sense, these meetings ought to begin a lot earlier in the evening. Maybe then, the quality of the decisions will improve, and we can all get a decent night's sleep.


14) Comment: Thornsby charges into losing battle

May 20, 2003

Somebody ought to teach Birmingham City Commissioner Gordo Thornsby how to choose his battles. He made a fool of himself and lost a losing battle Monday night after attacking Julie Plotnik in her bid for an appointment to the General Investment Committee.

Some background: Plotnik ran against Thornsby in a commission race almost two years ago. She lost. Thornsby won. That should have been enough for him, but apparently it wasn't.

Plotnik, a Buzz editor, has applied for almost every board opening since her loss. She's been turned away every time, with Thornsby and commissioners Donald Carney, Dante Lanzetta and Mayor Seth Chafetz consistently voting against her, even when she was the lone candidate.

The General Investment Committee is one of the more innocuous advisory boards in town. Plotnik was the only applicant. At one point, Thornsby asked if anyone knew the last time the committee had met. Seven commissioners, the city clerk, the city manager, the city attorney and the city engineer were all present. Nobody knew. So it was the perfect place to put Plotnik and be done with her.

But that opportunity was lost on Thornsby, who thrust his hand into the air like a grade schooler when Chafetz asked if anyone wanted to question her.

Inexplicably using a Marty's cookie as a prop, he asked her about the objectives of the committee. He noted her recent public criticism of the ethics ordinance, and demanded to know if she would comply. And then he made a motion to postpone the appointment in the hope that more applicants would come forward.

That was all Commissioner Rackeline Hoff could take. She called the motion "offensive." Commissioner Dianne McKeon agreed, calling it "ludicrous." Carney said no offense to Plotnik (yeah, right), but the appointment ought to be postponed until he can figure out what the committee does, and whether it is even necessary. Lanzetta just sat back, filing his nails.

The motion failed, with Chafetz flopping to the side of intelligence and reason for a change

Hoff then quickly moved to make the appointment. The vote was 4-3, with the Axis -- this time led by Thornsby -- casting some of the silliest votes of their waning political careers.


15) Comment: Ethics Ordinance is bad lawmaking by bad lawmakers; apply to board in protest

May 16, 2003

So, the Ethics Ordinance is back on the table.

Carelessly ramrodded through by the Lanzetta Axis of Stupidity (that's Commissioners Dante Lanzetta, Donald Carney, Gordon Thornsby and Mayor Seth Chafetz) at the Commission's April 28 meeting, the Commission is now asking the City Attorney to make a series of "technical corrections" to the ordinance.

We think the technical corrections should have been made before the ordinance was passed into law. But a majority of the City Commission has repeatedly shown that it doesn't care what we -- or any other members of the public -- think.

The various issues and clarifications the attorney has been asked to address include:

* Does the term "consultant" include a consulting firm?
* Does the Commission want to reconsider requiring financial disclosure from the applicant's "immediate family," which by the terms of the ordinance includes great-grandparents, grandparents, parents, aunts, uncles, nephews, nieces, children, spouses and siblings.
* Exactly what does the term "close business association" mean?
* The ordinance, as written, literally exempts all existing officials, appointees and employees from the financial disclosure requirement. Is the intent of the ordinance to apply this requirement only to newly appointed, elected and employed individuals and their families?
* Does the ordinance apply to the independently elected Library Board?
* Does the ordinance apply to student members (and their families) of the boards?
* Should the ordinance include a procedure for filing complaints with the Ethics Board?
* What does the phrase "substantial non-compensated charitable or public service" mean?
* And finally, the Ordinance that was passed is numbered incorrectly. The Commission didn't even adopt what it publicly advertised was going to be adopted.

Visit http://www.bhambuzz.org/pdfs/Ethics_Letter.pdf to read the City Attorney's letter regarding the ordinance as passed.

This is clearly junk law made by an inept Commission working off of a draft written by Lanzetta himself (with help from Paul Marion Reagan and the hapless and phony Presidents Council of Homeowners Associations) -- a classic case of garbage in, garbage out.

Visit http://www.bhambuzz.org/pdfs/Ethics_Approved.pdf to read the ordinance.

Despite it all, the Commission is charging ahead with appointments to its McCarthyesque Board of Ethics. If history is any indication, look for rampant cronyism.


16) Comment: Is Ralph Seger really the right man to invest our cash and decide Barnum's fate?

May 16, 2003

Ralph Seger, chairman of the Barnum Steering Committee, a member of the city's General Investment Committee, and treasurer of the Presidents Council of Homeowners Associations, has a strange sense of humor.

During a discussion of the recently passed Ethics Ordinance before the City Commission, Seger commented on a suggestion that the maximum value of an acceptable gift go from $50 to $100.

"Increasing the amount of any gift from $50 to $100 is unwarranted," he said. "It is sort of like a man who asked a woman if she would go to bed with him for $1 million. She said, 'Yes.' She smiled and said, 'Yes.' The man said, 'How about $50?' She said, 'What do you think I am?' He replied, 'That has already been established. We are just negotiating the price.' "

Judging by his guffaw, City Commissioner Dante Lanzetta found Seger's comment amusing. Others in the audience, including citizen watchdog Dorothy Conrad, found it offensive.

At the same session, Seger professed Presidents Council support for the Ethics Ordinance. Indeed, the original idea for the ordinance came from the council, and its past president, Paul Marion Reagan, is said to have penned the version submitted by Lanzetta and ultimately approved. (The commission is about to reconsider that move; see related story below.)

The Presidents Council ostensibly represents all the neighborhood associations in town. But it is more representative of its half dozen or so individual members than the thousands of Birmingham residents it claims to speak for.

This was as true of its support for the Ethics Ordinance as for anything else. As Conrad astutely observed, her neighborhood association was never consulted about the ordinance. Nor were others.

So we've got a phony baloney with an offensive sense of humor leading the charge to put Barnum, an outdated and expensive facility, in direct competition with such established community institutions as the Community House, the YMCA, BASCC and the Birmingham Bloomfield Art Center. And he's helping make decisions about where the city invests its money.

Are you OK with that? We're not.


17) Ethics law will be revisited by city

May 15, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

Members of volunteer boards and committees in Birmingham may not have to report their grandmother's finances after all.

Last week, the Birmingham City Commission adopted a controversial ethics ordinance that required city officials and employees to reveal the business interests of family members or risk getting removed by the Birmingham City Commission.

On Monday, the commission decided to put the ethics ordinance on the May 19 agenda for possible amendments. The commission will meet at 8 p.m. at the Department of Public Works building at 851 Eton, but a joint session with the planning board will take place before the regular commission meeting.

The reason for the proposed change is that the commission may not have realized the implications of the ordinance before it voted the first time.

"I think there very well could have been people who didn't understand how far-reaching this was," City Commissioner Dianne McKeon said. "I remember thinking that part of the ordinance was ludicrous."

McKeon, who voted against the ordinance, was referring to a section that sets a $50 limit for gifts and requires appointed officials and some 20 city employees to sign financial disclosure statements that detail the ownership of business and real property for the officials and a long list of their relatives.

The ordinance uses the standard of "third degree of consanguinity" -- a legal term meaning parents, children, grandparents, siblings, grandchildren, great-grandchildren, great-grandparents, aunts, uncles, nieces, nephews and the official's spouse.

City Commissioner Rackeline Hoff, who also voted against the ordinance, said she realized the rule applied to extended family members, but not how far. She also said there are other areas of the ordinance that need to be revisited, including a section that may preclude city officials from getting future jobs.

"I don't know how they are going to enforce it," Hoff said. "I'm just pleased we are going to discuss it again."

Complaints and concerns started coming in shortly after the ordinance was adopted. Current members of boards and committees said they were reluctant to sign the disclosure statement. On Monday, the question of who added the consanguinity clause came up.

Dante Lanzetta Jr. said it was the city's law firm that suggested it. City Attorney Tim Currier said it wasn't. Currier said Tuesday that is wasn't clear where the suggestion came from.

"It may have come from us, but I don't know for certain," Currier said. "It may have started with an extremely casual conversation."

Lanzetta suggested taking a more basic approach when the matter is next discussed.

"I would say the way to handle this is to get rid of the legal term and specify the relations you need," Lanzetta said. "Include the person, parents and children."

There was also talk of keeping siblings in the requirement.

The disclosure rule applies to assets in Birmingham, contiguous municipalities and within the boundaries of Birmingham's Act 425 agreement with Bloomfield Township and Pontiac.

Department heads and assistant department heads have to abide by the new rules as well as a short list of city consultants. As for appointed officials, it applies to everyone on a board or committee in the city and the commissioners themselves. Commissioner Russell Dixon had suggested a version that required disclosure for the official and spouse, but it was rejected without a vote.

Affected city officials have until May 28 to file the proper disclosure forms with the city and three have done it so far. A three-member ethics board is to be appointed June 9. The board will conduct hearings on possible ethical violations and issue advisory opinions to the commission and City Manager Tom Markus.

Violators can be fired for ethical violations and there is no appeals process.

The possibility of rescinding the ordinance still exists, but at least one member of the commission would have to change his or her vote.

Currier said he didn't get a chance to outline the consanguinity clause.

"This thing was ramrodded through," Currier said. "The whole conversation took only 15 minutes."

Published with permission of the Birmingham Eccentric


18) Budget passes, PSD money intact

May 15, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

Adjustments to the Birmingham city budget saved the average taxpayer $24 Monday. But it was talk of the Principal Shopping District that dominated the public hearing.

"Sooner or later we have to come to grips with the fact that taxes just can't continue to go up," Birmingham City Commissioner Donald Carney said. "This is a revenue source that wasn't there 10 years ago. And we can use it for the overall benefit of downtown."

Carney led a charge to funnel proceeds of the Woodward Dream Cruise from the PSD to the city's general fund. The PSD makes more than $100,000 from the event from rentals of Birmingham's Shain Park and an adjacent parking lot. The rental contracts total about $162,000, but the PSD has to pay expenses relating to Dream Cruise events.

The PSD, which is a city department, uses the money to fund various programs, but Carney wanted to seize control of the cash. He said the commission could use it to expand Shain Park or for any project it chooses to fund. He said the PSD could come to the commission to ask for money if it needed to.

Members of the PSD weren't surprised by Carney's actions. Many showed up to voice their concerns over the possible loss of funding.

"There are a lot of expenses that we wouldn't be able to pay for," said Larry Sherman, a founding member of the PSD. "Obviously, I'm very disappointed."

Carney questioned Birmingham City Manager Tom Markus for several minutes. Carney wanted to know if Markus had sided with them on issues regarding the commission. Markus sits on the PSD board because that's called for in the enabling legislation.

"Here you are advocating a position and it's one board against the other," Carney said to Markus. "It's the inherent conflict."

At that point, the conversation grew heated.

"There is a conflict and Mr. Carney you have a conflict as well," Markus said. "Your wife owns a business within this PSD. You have a conflict as well. I'll acknowledge my conflict; but it's by design."

Carney said Markus' conflict was avoidable. He didn't otherwise respond to the possibility of him having a conflict of interest. At least one commissioner had heard enough.

"This is not beneficial," City Commissioner Rackeline Hoff said. "It is no longer about the $162,000. ... It has deteriorated to almost an attack on the PSD and on individuals."

In the end, only City Commissioner Dante Lanzetta supported Carney's motion and the PSD funding was left intact.

OTHER BUDGET ITEMS

Under the adopted budget, the average resident will pay $2,301 in property taxes, which is up from $2,197 last year. Also going up are sewer costs, with the average Birmingham resident paying $21 more. New tax and water rates take effect July 1.

Eighty percent of the increase will go to pay off new city debt and 15 percent is attributed to added costs for library services.

The $55 million budget includes several key items:

* $3.1 million in sewer improvements
* $1 million in water main improvements
* $1.3 million in repairs to Quarton Lake Dam
* $3 million for parkland acquisition and improvements

Added to the budget at the last minute was a $4,500 expense so city officials could attend the National League of Cities Conference in Washington D.C.

Published with permission of the Birmingham Eccentric


19) Comment: Ignore the new ethics ordinance

May 8, 2003

If ever there were a local law worthy of civil disobedience, it is the recently passed Ethics Ordinance. The Birmingham Eccentric, in an editorial reproduced below, calls it "absurd."

Your City Commission is now requiring members of volunteer boards to disclose financial interests not only of close family members, but of grandparents, great-grandparents, grandchildren, great-grandchildren, nephews, nieces, uncles and aunts.

Not only that, but the Commission, known lately for appointing barely qualified cronies to its advisory boards, is creating a Board of Ethics to oversee the whole thing.

The only officials apparently exempt from the ordinance are the commissioners themselves, who can be removed from office only by voters or the governor.

We agree with Margaret Betts, who said in a letter to the Eccentric that proudly swearing to uphold our laws is good enough.

We urge all those who are subject to the new ordinance to ignore it. Don't sign anything. Don't disclose anything.

Let's see what our righteous commissioners have to say about that!


20) Comment: Scrap the new ethics ordinance

>From the Birmingham Eccentric

May 8, 2003

It's questionable just how ethical Birmingham's new ethics ordinance is.

Last week, the city commission passed an ethics ordinance that is nothing short of absurd. It covers certain city employees, such as department heads and assistant department heads, as well as volunteers who serve on boards and commissions. And it likely is unenforceable.

The commission's intentions may be good, to ensure that persons in the employ of the city or who operate on its behalf are performing in an honest manner. But the reality is that this smacks of political overtones and may be a device to discourage some persons from running for office and others from continuing their employment with the city. For either to be true would be reprehensible.

The new ethics ordinance requires financial disclosures to the level of grandparents, grandchildren, nieces and nephews of the city person.

That's nonsense. The city has no business delving into the business dealings of those that far removed from persons it employs, or who devote their services as volunteers.

Failure to comply with the ordinance could result in dismissal. Of course, the city commission itself is immune from prosecution because state law requires that only the voters or the governor can remove an elected official.

Many towns have ethics rules that work just fine. However, sections of Birmingham's ordinance were patterned after the General Motors ethics ordinance.

But what's good for General Motors is not necessarily good for Birmingham. This is a city, not a business. And while the two entities share common interests in fiscal responsibility, the way each operates is worlds apart.

It should be noted that commissioners Russell Dixon, Dianne McKeon and Rackeline Hoff voted against the ordinance. But they were outvoted by commissioners Don Carney, Dante Lanzetta and Gordon Thorsby and Mayor Seth Chafetz.

Some people have privately said they will not comply with the ordinance, and it will be interesting to see what reactions this will stir among those affected. This could easily generate lawsuits, for which the commission will have to answer and the residents may have to pay.

The best thing the commission could do regarding this ordinance is scrap it. Barring that, we urge the city commission to appoint an ethics board that is above reproach. A board with the power to discredit city volunteers and employees is no place for cronies who licked envelopes for commissioners during a campaign -- it's a place for judges, attorneys and academicians with proven track records of ethical behavior.

Published with permission of the Birmingham Eccentric


21) Letter to Buzz: Passage was power play

May 8, 2003

In what could only be described as a power play, the Birmingham City Commission passed a controversial Ethics Ordinance last week.

Commissioners Lanzetta, Chafetz, Thorsby and Carney took advantage of a procedural formality to preclude consideration of a less controversial version of the ordinance offered by Commissioner Dixon.

Three commissioners, along with several citizens and current members of city boards, voiced strong objections to the original Ethics Ordinance.

Commissioner Dixon's version of the ordinance offered a compromise to many of the most controversial sections. However, Lanzetta, Chafetz, Thorsby and Carney, showing no respect for their colleagues and complete disregard for their constituents, manipulated the legislative process so that Commissioner Dixon's changes would not even be discussed, much less offered up for a vote.

Sadly, this has become "business as usual" for our city commission. Four commissioners bully and manipulate the process to serve their own egos instead of serving the public.

Julie Plotnik
Birmingham


22) Letter to Buzz: Swear-in is good enough

May 8, 2003

To the four commissioners who voted for an ethical committee to oversee any persons involved in doing business with, working or volunteering for the city of Birmingham:

I have worked city elections for a number of years. A 14-hour election day starts with me raising my right hand and proudly, yes, proudly swearing to uphold the U.S. and state constitutions and laws and perform my duties to the best of my ability,

Now Mayor Chafetz and Commissioners Carney, Thorsby and Lanzetta tell me, "That's not good enough."

Well commissioners, it may have to be.

Come Nov. 4, you may have a big party planned and there won't be anyone there to host it.

Margaret Betts
Birmingham


23) Comment: Sidewalk not needed

May 8, 2003

>From the Birmingham Eccentric

Scrapping the sidewalk proposed for the Adams Street Bridge was a good move on the part of the city.

Total cost for the project was more than $1 million, but the city would have been responsible for only $574,000.

Only.

Although there was an argument to be made that this might be a benefit in the future -- and we strongly support long-range planning -- there was not enough indication that this sidewalk was wanted or needed.


24) Quarton Park may stay closed until 2004

May 8, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

Despite efforts to speed up construction, residents probably won't be able to use Birmingham's Quarton Lake Park until spring 2004.

"For liability purposes, that facility will likely be closed as long as there is any type of construction being done," said Bob Fox, assistant director of public services. "And there is a chance the project could extend to 2004."

In March, the Birmingham City Commission canceled plans to pursue a $250,000 state grant for the work because it would have delayed the project even longer. Birmingham City Manager Tom Markus recommended going after the grant because $1.3 million in repairs to Quarton Lake dam were required by the Michigan Department of Environmental Quality.

At the time, Birmingham Mayor Seth Chafetz said the commission couldn't wait a year with no guarantee that the city would get the grant. The commission decided to have the city pick up the entire $712,000 cost of the park project.

A fence now surrounds the lake and area residents have expressed concerns that they want to be able to use the lake and surrounding park sooner rather than later.

With that in mind, Dennis Dembiec, director of engineering and public services, reassessed what could be done to advance the project. One aspect of it was the dredging and bank restoration work, which was being done under a 50 percent Rouge Program Office grant.

Dembiec learned that $195,000 of work listed in the original plans didn't need to be done. Cold weather prevented damage to local roads and paths because heavy equipment didn't sink in as expected. And a plan to draw down the lake level to eradicate carp was canceled in favor of shocking the fish to death - a savings of $54,200.

By shifting bid items from the park project to the dredging project, the city saved $97,500 because the grant will cover half the cost of the added work. It will also save a little time because workers won't have to do the project in as many phases.

"We definitely knocked a few weeks off of the completion date," said Dembiec. "We may be able to open some part of the fence sooner than expected."

Markus appreciated Dembiec's effort.

"Dennis basically paid for his whole salary with this one decision," said Markus.


25) Letter to Buzz: Get real about tax increase

May 5, 2003

The sales pitch [for the tax increase] is called reducing it to the ridiculous. Who in Birmingham cannot afford to pay another $149.00 in property taxes? And I would agree.

However, lets get real. Who in Birmingham pays $2,196.00 per year in property taxes? In actuality, with the average home in the city selling for almost $500,000, most residents in the City of Birmingham will face an increase in their property taxes of closer to between $300 and $500, with some paying as much as $1,000.

Bob Taylor


26) City adopts far-reaching ethics law

May 4, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

Anyone volunteering for a city board or committee will soon have to reveal the business interests of family members or risk getting removed by the Birmingham City Commission.

"I'm married and my wife rarely does what I ask her," said Brian Blaesing, a member of the planning board. "I can pretty much tell you that she'd object to signing this on principle ... there is no way I'm going to reveal this information so this is going to put me in a real bind."

Blaesing was talking to the commission just before it voted 4-3 to adopt the city's first ethics ordinance. The ordinance is designed to enhance the public trust and make sure people don't use their office for personal gain.

It sets a $50 limit for gifts and requires appointed officials and some 20 city employees to sign financial disclosure statements that detail the ownership of business and real property for the officials and a long list of their relatives. The rule applies to assets in Birmingham, contiguous municipalities and within the boundaries of Birmingham's Act 425 agreement with Bloomfield Township and Pontiac.

Department heads and assistant department heads will have to abide by the new rules as well as a short list of city consultants. An exact list of affected employees and consultants isn't yet available. As for appointed officials, it applies to everyone on a board or committee in the city and the commissioners themselves.

The actual ordinance uses the standard of "third degree of consanguinity" - a legal term meaning parents, children, grandparents, siblings, grandchildren, great- grandchildren, great-grandparents, aunts, uncles, nieces, nephews and the official's spouse.

While one resident said the new rules were long overdue and needed, the majority of residents who spoke at Monday's commission meeting disagreed.

"I am rather appalled," said Phyllis Eisenstein. "To implement something like this does damage to us as a city. I don't feel people who have served have done so for private gain ... we are an honest city. We are not Enron. Nobody is coasting away on a world cruise with the money they are getting."

Birmingham Mayor Seth Chafetz took a moment to explain the need for the new ordinance.

"If anyone wonders why we are having ethics policies," Chafetz said, "we are a multimillion dollar corporation and the last few years, every corporation I know has been nailing down their ethics ... whether the people want it or not, it's just a fact of life ... it's an affirmation that we are ethical; that we proceed ethically and we are proud of that."

Some commissioners who voted against the measure said the concept was good but the ordinance went too far.

Commissioner Russell Dixon suggested a version that didn't delve as deeply into the personal lives of officials but it was rejected by the majority. Voting in favor of the ordinance were Chafetz, and Commissioners Don Carney, Dante Lanzetta Jr. and Gordon Thorsby. Voting against were Commissioners Dixon, Rackeline Hoff and Dianne McKeon.

Ethics ordinances are common in other cities and most, like Birmingham's, require officials and employees to disclose outside business interests and refuse gifts in exchange for favors. The city of Livonia's includes a disclosure statement similar to Birmingham's but it doesn't go as high up in the family tree. Livonia officials need only disclose the financial interests of their spouse, parents, children and siblings.

Birmingham City Manager Tom Markus wasn't enamored with the level of disclosure required.

"The public has a right to know that their public officials are honest and serving for the right reasons," said Markus. "But is it fair for me to have to reveal my brother's business interests? Hell, no, it's not fair, and frankly that's what has people concerned."

Affected city officials have 20 days from publication to file the proper disclosure forms with the city. The commission must appoint a three-member ethics board that will conduct hearings on possible ethical violations when needed. The board will issue advisory opinions to the commission and Markus. The commission will punish volunteers and Markus will do the same for employees who violate the rules. Violators can be fired for ethical violations and there is no appeals process.

The only people who can't be fired with the process are members of the commission. State law dictates that only voters and the governor have the right to oust an elected official.

"For this to work, appointees to the ethics board will have to be respected by everyone in the community," said Birmingham City Attorney Tim Currier. "They will have to be people of the highest integrity or this could turn into a mess."

The idea for an ethics ordinance was put forth by the Birmingham Presidents' Council of Homeowner Associations. Members of the Presidents' Council said an ethics ordinance was necessary to eliminate the possibility of corruption at City Hall. During the past few years, the city has investigated several charges of corruption and improper behavior but no one has been charged with a crime. Some cases involved development projects, but there were also allegations of campaign irregularities in local elections.

Some people who are required to abide by the new rules said they may refuse. If they do, the city's new ethics code will be tested sooner rather than later.

"I think we'll lose a lot of people on our boards and committees," said McKeon. "They won't want to sign the disclosure statement."


27) New tree law carries hefty fines

May 4, 2003

>From the Birmingham Eccentric

By Larry Ruehlen

Mutilating city-owned trees could cost the perpetrator thousands of dollars in fines. But the average Birmingham resident should escape unscathed from the city's new tree ordinance.

"If you are doing construction in this city, your neighbors can be assured you won't damage their trees," said Birmingham Mayor Seth Chafetz. "And that wasn't the case before."

The Birmingham City Commission adopted the new law Monday. It was more than two years in the making and the final version focuses on protecting city-owned trees. While previous attempts put many restrictions on what residents could do with their own trees, the adopted ordinance contains only a few such restrictions.

First, residents must not prune or trim oak and elm trees between April 1 and Oct. 15. Exceptions are made for storm damage, construction, utility work or accidents. Second, dead trees or those with infectious diseases must be removed within 30 days at the homeowner's cost. Third, infected trees must be treated with a method approved by the city. The rules are to prevent the spread of oak wilt, Dutch elm disease and emerald ash borer, among other diseases.

Chafetz began pursuing a tree ordinance about two years ago when a person digging a basement destroyed the roots of a 100-year-old tree in a neighbor's yard. The tree later died and the homeowner had to pay thousand of dollars to have it removed. Chafetz wanted rules to protect trees during the construction process and this ordinance does that, though not to the degree Chafetz called for.

The construction section of the ordinance requires a tree survey as part of the building permit process. The survey has to show all city-owned trees and private trees within 25 feet of adjacent property lines.

All trees within that area must be protected during construction. City-owned trees must be protected with a wooden-frame box. Residents must also take precautions to protect their neighbor's trees within 25 feet of the property line.

Birmingham resident Stuart Sherman questioned the policy and wanted to know if he would have to build wooden boxes around his neighbor's trees as well.

"If I want to do anything I have to survey not only my property but that of my neighbor as well?" said Sherman. "It seems to be a little burdensome."

Trees on adjacent lots should be surveyed and protected if the neighbor cooperates, said Birmingham City Attorney Tim Currier. If they don't allow access to their property, a neighbor can't expect the protection afforded by the ordinance.

Anyone who violates the ordinance can be ticketed for a civil infraction. A first offense is $500 per tree and a second offense is $1,000 per tree. In addition, anyone convicted of killing a city-owned tree can be fined triple the replacement value of the tree - an amount that could easily exceed $10,000.

Residents who must remove a city-owned tree for a construction project must first get the city's consent and agree to pay to have it replaced.


28) Comment: Anti-development policies = tax increases

May 2, 2003

If you're looking for someone to blame for increased taxes in Birmingham, look no further than your City Commission and Planning Board.

Former Commissioner Chuck Moss began the slow drumbeat soon after his election to the Oakland County Commission a while back: Birmingham cannot sustain its services, he explained, on a tax base that's locked into place by the Headlee Amendment and Proposition A. Redevelopment is the only way to increase the tax base and bring more money into the General Fund.