Wednesday, August 27, 2003
Number 53: Aug. 27, 2003
1) City lays out sewer program options
2) Resident takes the plunge, pays for new pipes
3) Feedback nixes leaf from sign design
4) Comment: No way out of high price tag for aging sewers
5) City bends on pipe replacement plan
6) Attorney named to city’s ethics board
7) Details wanting in Shain Park proposal
8) Comment: Make history a community project
9) City eyes parking fee options
10) City will hear pipe replacement plans
11) ACO will replace Maskill’s Whistle Stop will get a tenant, too
12) Comment: Historical survey not worth the cost
13) Comment: Bury, don’t replace, Dante-ism
THE BIRMINGHAM BUZZ
"Cast your vote for intelligence and reason"
------------------------------------------------------------------------------
Birmingham Buzz # 53 -- Aug. 27, 2003
VISIT OUR LIVELY DISCUSSION GROUP:
http://www.bhambuzz.org/cgi-bin/ikonboard/ikonboard.cgi?s=3d74c2303510ffff;act=SF;f=1
SEND US FEEDBACK:
info@bhambuzz.org
{{PERIOD}}
In this edition:
1) City lays out sewer program options
2) Resident takes the plunge, pays for new pipes
3) Feedback nixes leaf from sign design
4) Comment: No way out of high price tag for aging sewers
5) City bends on pipe replacement plan
6) Attorney named to city's ethics board
7) Details wanting in Shain Park proposal
8) Comment: Make history a community project
9) City eyes parking fee options
10) City will hear pipe replacement plans
11) ACO will replace Maskill's Whistle Stop will get a tenant, too
12) Comment: Historical survey not worth the cost
13) Comment: Bury, don't replace, Dante-ism
1) City lays out sewer program options
Aug. 24, 2003
>From the Birmingham Eccentric
By Larry Ruehlen
Birmingham City Manager Tom Markus maintains that lateral sewer pipes benefit individual homeowners so the city shouldn't pick up the tab for repairs.
The Birmingham City Commission has thus far backed the policy, though Mayor Seth Chafetz has called for more dialogue with a vocal group of residents that petitioned the city months ago. The group wants the city to pay for repairs in the city right of way and reimburse residents who have already paid to have the work done.
Estimates vary, but officials said the repairs would cost between $11 million and $42 million, depending on many factors including how many pipes need to be replaced. In a worst-case scenario, changing the city policy would mean a $185 tax increase per household, said Markus.
Dennis Dembiec, director of public services, worked for months to come up with a program that cut repair bills for residents. Some residents had complained that contractors were price gouging and charging up to $15,000 for repairs so Dembiec studied the problem and came up with a way to cut costs in half. Some 80 residents have signed up so far.
Resident Albert Sterlini said he didn't know about the city program. Dembiec said the city would make sure that didn't happen in the future.
"From now on, whenever someone pulls a permit for a lateral repair, we'll make sure the resident has all the information they need," said Dembiec.
The contractor will have to take a packet of information from the city and give it to the resident, said Dembiec, and the resident will sign a form indicating that they were aware of the program but decided to go with a private contractor.
Sterlini could have had his sewer lateral repaired for $4,750 under the city program, said Larry LaBute, an engineer with Hydro Designs, the company that oversees the city program.
"It's too bad he didn't take advantage of the program," said LaBute. "I am the advocate for the resident. I tell them the best way to go and in this case, pipe bursting wasn't the best approach."
Eighty residents have signed up for the city program and none have had to use the pipe bursting method. In all cases it has been cheaper to line the pipe or tear up and replace the sidewalk, said LaBute.
Dembiec wants to make sure that residents know the program works for emergency repairs. Most laterals are replaced in one day in emergencies. It costs 5-25 percent more when a lateral has already collapsed, said Dembiec, but the repairs are done quickly.
Of the 80 people who have signed up with the city, only one has been an emergency repair.
Dembiec said he fears the city program isn't catching on as quickly as it should be because of the legal waiver.
"There is talk of a lawsuit but residents have to realize that these pipes have served some of the houses for 50 years," he said. "Nothing lasts forever."
Published with permission from the Birmingham Eccentric
2) Resident takes the plunge, pays for new pipes
Aug. 24, 2003
>From the Birmingham Eccentric
By Larry Ruehlen
Albert Sterlini flushed and what should have gone down came back up.
A crushed Orangeburg pipe connecting his house to the city sewer system had to be replaced quickly.
"It's nice that the city had a program but this backup had to be fixed now," said Sterlini. "If there's a class-action lawsuit settlement, I'll get my money back from the city anyway."
Sterlini bought his house on Derby Street in 1976. Back then, he knew nothing about Orangeburg pipes. The house was built in 1959, and the city used Orangeburg pipe to connect the house to the city sewer system. That type of pipe was made out of a tar substance that was less expensive than other types of pipe. It also proved to be prone to leaks and collapses -- a fact Sterlini learned Saturday.
"It was the auto industry influence," he said. "Do it fast and do it cheap. That was the mentality ... there was nothing wrong with the clay pipe but the Orangeburg collapsed. That's what happens when you make pipe out of tar paper."
Plumbers with heavy equipment arrived Monday and began digging. A 10-foot-deep trench soon bisected Sterlini's front yard. The trench extended from the front of his house to the sidewalk. On the other side of the walk crews dug another hole just as deep but even wider.
Sterlini wanted to spare the expense of replacing the sidewalk so a "pipebursting" method was necessary. Plumbers used a cable to pull a new pipe through the crushed remnants of the old one.
Sterlini boldly pointed to the clay pipe that was on his property and the Orangeburg that was in the city right of way. Both pipes were installed when the house was built. The clay pipe looked relatively unscathed, but the Orangeburg was crimped like a pinched straw.
The clay pipe was installed by the developer who built the house and the city put in the Orangeburg.
"They put in the pipe and it's on their property," said Sterlini. "So why should I have to pay? I'm Catholic so I can say this. If they can go after a priest for something that happened 50 years ago, we can go after the city for a pipe."
Plumbers were at Sterlini's house for three days and the job cost him $6,500. Workers said it would have been much cheaper but Birmingham requires things other cities don't. When a hole is dug in the right of way, the same dirt can't be used to fill in the hole. Clean sand must be trucked in and the other dirt has to be hauled away.
City inspector Rick Clark said regular dirt settles too much over time. After a few weeks there would be a depression on city property that would increase the risk of a fall. Sand doesn't settle so there won't be a hole, said Clark.
As the work was being done, neighbors stopped to ask questions and look in the hole. Many have the same type of pipe connecting their houses to the city sewer so they were curious what it takes to repair them. Others were thankful they lived across the street, in Troy, which didn't use Orangeburg.
"It's a mess," said Troy resident Tom Peerey. "His yard couldn't look much worse. And from what I hear, the city isn't going to help him pay either."
Thousands of lateral sewer pipes were installed in Birmingham over the years. Some were made of clay, some of cast iron and others of Orangeburg. City officials say laterals of all different types are failing. Tree roots invade the connections of some and sediment builds up in others, but experts have said Orangeburg pipes can be ruined by running water. City officials have said Birmingham used Orangeburg from 1945 to 1962.
Birmingham has a program designed to make repairs cheaper and easier to manage but it requires residents to sign a waiver that effectively gives up their right to file a lawsuit against the city.
Sterlini said he didn't know about the city program but his son is a building contractor so he went with workers his son knew. Once he found out about the program and the fact that he could have saved money, he wasn't willing to sign away his legal rights.
The workers installing the new pipe said home buyers are hiring them to video tape lateral sewer pipes before closing on the deal. If the tape reveals a collapsing Orangeburg pipe, the deal is often called off.
There are more than 7,000 houses in the city but no one knows how many Orangeburg pipes are in the ground.
Published with permission from the Birmingham Eccentric
3) Feedback nixes leaf from sign design
Aug. 21, 2003
>From the Birmingham Eccentric
By Larry Ruehlen
A crosstown rivalry doomed the design for new city signs.
"That looks like a Seaholm maple and it would anger the Groves folks," Birmingham resident Keith Deyer said. "To me, Birmingham is much more refined anyway. It doesn't need that leaf element."
Deyer's comments were made at a recent planning board meeting where the topic was the city's new wayfinding program. Wayfinding is a system of signs and visual elements that direct people around a city.
Birmingham currently has a hodgepodge of signs. The city hasn't been overrun with lost visitors, but officials want to make it easier for visitors to get around. With that in mind, they hired Joseph Labozan, a nationally recognized wayfinding expert.
Labozan met with residents and officials and recently came back with preliminary sign designs. Labozan is from out of town and it showed - his design centered around a maple leaf, the nickname of Seaholm High School.
"It's a little overdone and ostentatious," resident Denise Grzech said. "We need a little less 'wow.'"
Labozan said he included the maple leaf because the city has a tree on its logo. He also said his original choice was an oak leaf, but feedback from previous meetings led to the switch. He said the focus shouldn't be leaf choice, but the overall program.
"Enough said," he said. "You don't like it, so we will move on to something else."
Labozan, vice president of Carter & Burgess, has designed sign systems for big cities, major airports and small communities like Birmingham.
He showed plans for stand-alone kiosks, neighborhood signs and other directional and informational signs. Some 20 to 30 kiosks would be located around the city directing people to landmarks and places of interest. They could be high-tech with plasma screens or basic in design, he said.
A small group of people turned out to see the proposed signs and most liked the concept for neighborhood signs. It would require new street signs even though the city recently installed new street signs in many parts of town.
Officials asked Labozan to add city golf courses to the list of places that should have special directional signs. The list of places includes Shain Park, the Birmingham Historical Museum, the Baldwin Library and public facilities such as The Community House and Townsend Hotel.
Labozan was critical of the subdued nature of "Birmingham Green" and said a lighter shade would make the signs more readable. He is expected to redesign the signs sans the maple leaf and come back before the planning board.
The city spent $98,000 to hire Carter & Burgess and will have to spend additional cash for any new signs.
Published with permission from the Birmingham Eccentric.
4) Comment: No way out of high price tag for aging sewers
Aug. 21, 2003
>From the Birmingham Eccentric
It's a bitter pill for many Birmingham residents, but one they may be forced to swallow.
Last week the city commission proposed somewhat of a compromise on who will pay for failing sewers around the city. A number of residents have been petitioning the city to cover the costs, which can reach as high as $20,000 for a single residence. The city has balked at picking up the tab, citing an ultimate citywide cost in the area of $42 million.
To ease the pain, the city has proposed doing blocks of houses at a time, which would give residents a discount on volume. That falls far short of what some people are calling for, but realistically it's about the best that anyone can expect.
Apparently, even Birmingham has its limits when it comes to spending, and the city commission has made it clear that it isn't going to dole out $42 million or so to repair sewer lines that it contends are on private property.
While there is some precedent for cities assuming responsibility, there is just as much against it. A few years ago, residents nearby in a Bloomfield Township subdivision tried to have the township cover costs of its failing system.
The township successfully argued in court that the repairs benefited the residents, not the township as a whole, so it was the individual's responsibility to do the repairs.
In an area of White Lake Township, some residents now are being hit with $17,000 assessments to install sewer systems.
Birmingham is facing a reality that older cities everywhere are encountering. The infrastructure is aging and fixing it is expensive. And one way or another, the people are going to pay for it.
And as for this issue "getting out of the bag," as was stated in a commission meeting, and affecting property values ... gee, no kidding.
Postscript: Some months ago we were taken to task by the city for quoting a figure of about $40 million for the repairs, implying there was no basis for it. Last week the city released its own figure: $42.6 million.
Published with permission from the Birmingham Eccentric.
5) City bends on pipe replacement plan
Aug. 17, 2003
>From the Birmingham Eccentric
By Larry Ruehlen
Facing the possibility of declining property values and angry residents, city officials changed a policy Monday to encourage replacing lateral sewer pipes one street at a time rather than house by house - a tactic that would bring down prices but still stick residents with the bill.
"It seems that the cat is out of the bag," Birmingham Mayor Seth Chafetz said. "In my neighborhood and many others, people have problems with laterals ... people buying homes are on to the fact that there are sewer problems. It may be affecting our property values."
Chafetz said the city should start thinking "outside the box" to help people finance repairs. He also raised the possibility of the city paying for repairs. A vocal group of residents petitioned months ago, asking for city tax dollars to offset the cost of replacing failing lateral sewer pipes. The city installed the pipes, which connect individual houses to the city's sewer system, decades ago and they are failing all over town. Birmingham's policy is that the pipes are private property so residents must pay for repairs.
Some 40 residents showed up Monday to hear whether the policy would change.
"It's not that the cat is out of the bag," Birmingham resident Frank VonKoss said. "It's a gorilla that's out of a cage."
VonKoss said it was time for the city to step up to its responsibility to fix faulty pipes, much like automobile manufacturers do when they recall cars with bad parts.
Values impacted
Ruth Clevers, a local Realtor, said she was selling a house that was appraised four times and one of them reduced the value of the house $10,000 because of the city's sewer problems. She didn't say whether it was the city's lateral issue or other sewer issues that drove down the appraisal.
Dennis Dembiec, director of public services, worked for months to come up with a program that cut repair bills for residents. Some residents had complained that contractors were price gouging and charging up to $15,000 for repairs. The new program cut repair costs in half. The new policy of doing repairs one street at a time would save even more money for residents, but that failed to placate petitioners.
They asked Dembiec to explain why other cities pay a portion of the repair costs and still others create special assessment districts so expenses can be spread out over a period of years.
Dembiec said Monday that the city would have to spend an estimated $42 million to meet all residents' demands. That would mean a $185 tax increase per household, said Dembiec, who also said his report was based on "purely arbitrary" numbers because he has no idea how many residents need or would want repairs.
The crux of Dembiec's report was that many other cities face lateral sewer problems and most handle the matter like Birmingham - where residents must pay for the entire repair, including the section of pipe in city right-of-way.
"If you are going to have a program that replaces the pipe for free," Dembiec said, "I'm sure you are going to have 8,000 homes saying sign me up now. Because then they would have a pipe they know will work."
Dembiec said city involvement could drive up the overall price because people who may not need repairs would demand them from the city. City Manager Tom Markus cautioned against financing wide-scale lateral replacements. He said taxes would have to go up and residents would still be paying for repairs with the added costs of the city acting as a bank.
Strong reaction
Some residents were less than impressed with the city administration's stance.
"It's my impression that they started out with a premise and went to considerable lengths to support it," resident David Bloom said. "Two months of taxpayers' money and time have been squandered ... the people who put together this document ought to be ashamed of themselves."
Bloom and others said city staff had taken an adversarial stance when cooperation is necessary. Others were more adamant.
"To quote Mr. (city commissioner Dante) Lanzetta," resident Stuart Sherman said, "I think we really need to look at this sewer issue carefully. Let's win one for the neighborhoods."
Lanzetta used the "win one for the neighborhoods" rally cry weeks ago in a failed attempt to get a historical survey approved.
Thousands of lateral sewer pipes were installed over the years. Some were made of clay, some of cast iron and others of Orangeburg. Laterals of all different types are failing. Tree roots invade the connections of some and sediment builds up in others, but experts have said Orangeburg pipes can be ruined by running water.
Awaiting action
Tim Tate owns a house with Orangeburg pipe.
"I'm looking for the commission to take some action," Tate said. "It should do something. It's not a matter of if the Orangeburg is going to crush, but when."
Residents wanted to know why the city takes responsibility for sidewalks and trees in the right-of-way, but wants residents to fix the pipes under the same piece of ground. Markus said trees and sidewalks serve the entire city, while the pipe serves individuals.
In the end, the commission approved the program to allow the residents the option of getting laterals replaced when a street is repaved. Residents would get cheaper prices because many pipes would be replaced at the same time. The commission also formed a study committee including two residents. The committee will undertake a fact-finding mission so both sides can stop arguing about who is right and get down to problem solving.
"We want to be very clear that the discussion will continue," Chafetz said. "Something should be done to help the residents."
Published with permission from the Birmingham Eccentric.
6) Attorney named to city's ethics board
Aug. 17, 2003
>From the Birmingham Eccentric
By Larry Ruehlen
James D. Robb got the nod for the last seat on the city's ethics board Monday.
"We don't always have to be correct, but we have to be fair," said Robb, a Birmingham resident and attorney. "I think this ordinance is an important step for the city."
Robb, who got a one-year term, was chosen over attorney Daniel Beyer.
"I come more out of an interest in the community than anything legal or technical," said Beyer. "I saw this as an opportunity to become involved... to help solve problems before they get out of hand."
Birmingham City Commissioner Donald Carney, also an attorney, said he knew and respected both applicants.
"Both are top-notch lawyers," said Carney. " The city would be well served to have either."
The commission appointed Robb with a 5-0 vote and encouraged Beyer to seek another post.
Going into the appointment process, city attorney Tim Currier said board members must be "above reproach" so citizens and employees respect the ethics policy and board.
In Robb, the board gets an associate dean at Thomas Cooley Law School with more than 20 years of professional experience.
He joins attorney and arbitrator John Schrot Jr., and social worker and teacher Sophie Feirro-Share on the board. Schrot got a three-year term while Feirro-Share is serving a two-year term.
Retired judges and members of the clergy were sought but none applied.
While the ethics board will not hold regular meetings, it will convene to review questions of ethical conduct of city officials, staff and volunteers. Ethics board members will next determine a procedure for reviewing ethics.
The need for an ethics board was first presented to city officials about two years ago, as the city's council of homeowner association presidents suggested adopting such rules.
Published with permission from the Birmingham Eccentric.
7) Details wanting in Shain Park proposal
Aug. 17, 2003
>From the Birmingham Eccentric
By Larry Ruehlen
Details, details, details - that's what urban planner Andres Duany will have to come up with to convince skeptics that Shain Park can be expanded without gutting adjacent parking.
"This is the last shot at seeing if we can make this work," Birmingham City Manager Tom Markus said. "You can't double the size of Shain Park without drastic changes to the parking and traffic flow in the area ... the reason I supported bringing back Duany was so he could show us how this can work, and I'm not convinced that it will work."
The Birmingham City Commission approved contract language for a deal with Duany. The city asked Duany to include detailed drawings of two plans to expand Shain Park into what is now municipal parking lot No. 7.
Both must show the number of parking spaces that would be available under the respective designs with precise measurements included. Commissioner Donald Carney - who has long opposed Duany's involvement - had wanted to hire a local parking expert to conduct an analysis of the 12-block area surrounding the park, but other commissioners wanted Duany to handle the job.
Duany is a famous but pricey architect from Miami who in 1996 authored the Downtown Birmingham 2016 Plan.
The commission has struggled to expand the park for years. Most agree that a bigger park is a good idea, but losing parking is a daunting prospect to many, especially members of The Community House, which is a gathering place for many elderly residents who are unwilling or unable to walk long distances.
Duany is to explore the option of head-in parking around the perimeter of the park, which is now surrounded by parallel parking. City officials aren't sure the proposed plan will yield enough spaces. Duany met with city officials and residents in May and toured the park. 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.
At a meeting Monday, Birmingham resident George Dilgard reiterated his opinion that adding underground parking is the best option because head-in parking would reduce the potential park expansion by 15 percent.
Markus agreed, but said the commission has thus far been unwilling to spend the millions of dollars it would take to build an underground lot.
If Duany agrees to terms, the city will pay him $14,500 for the work. There is also a $3,500 option for Duany to come back to Birmingham to present his findings.
Published with permission from the Birmingham Eccentric.
8) Comment: Make history a community project
Aug. 10, 2003
>From the Birmingham Eccentric
By Greg Kowalski
I strongly support the efforts of every community to identify and preserve its historic buildings. I am in the midst of a historical preservation battle right now. And that's why it feels so weird to say that I can't support the historical survey Birmingham city officials have been considering.
Historic preservation can be a real hot-button issue, especially if it isn't handled properly, and a town can risk alienating the very people it needs to support preservation. That very nearly happened here.
Property rights must be respected with historical preservation integrated into the community with full knowledge and support of the residents. Some communities, particularly those on the East Coast where historical buildings, neighborhood and districts abound, have enacted severe preservation requirements, including restricting what colors people can paint their homes.
That's fine if everyone agrees to it up front through a vote. But if there is a hint that such measures are going to be summarily imposed, residents usually resist strongly. No one is suggesting that is what is planned for Birmingham, but some people perceive it that way.
Public buildings are a different matter and even major private buildings can be held to a different standard. Laws can be and are enacted in certain circumstances to enhance historic preservation. But ideally, preservationists want to educate homeowners to recognize whatever historical value their home has and preserve and highlight it.
It's been my experience that most people embrace their history and easily can be convinced to build on it without building over it. But no one likes to be told what to do.
Effective preservationists make history a community project. They get people involved or at least on their side.
That's the best way.
Published with permission from the Birmingham Eccentric.
9) City eyes parking fee options
Aug. 10, 2003
>From the Birmingham Eccentric
By Larry Ruehlen
Craig Dilworth's restaurant is empty on weekend nights because regular customers grew weary of waiting 20 minutes to leave the Park Street parking garage.
"It's been devastating to our business," Dilworth said. "They know when there will be an onslaught of people and still there are malfunctions ... there is a simple solution, but I guess the city bureaucracy won't let it happen."
Dilworth owns the Ocean Grill, 280 N. Old Woodward Ave. For most of his 15 years in business, his customers breezed in and out of the adjacent parking structure. But the opening of the Uptown Palladium 12 Theatre and Blue Martini bar drastically changed the number of people going to that part of town. Now getting in and out of the garage is so frustrating that his customers avoid Birmingham altogether, he said.
"The machine at the entrance breaks down or runs out of tickets," Dilworth said. "And it takes up to 20 minutes to pay to leave. My customers can eat anywhere, so why would they put up with the hassle?"
Dilworth wants the city to switch to a prepay system at the garage. Instead of people paying when they leave, they would pay a nominal fee when they enter the garage. Leaving wouldn't be a problem and extra staff could be added to handle the influx of cars at peak times.
The Park Street structure is a hot topic in town. Some city officials have floated the idea of switching to a $5 prepay to pay for police overtime. Motorists don't pay a dime to park in any city structure for the first two hours. The two free hours in the decks are supposed to free up spaces at parking meters and promote turnover of shoppers downtown. Altering that philosophy with a $5 prepay isn't the way to go, said Jeffrey Salz, chairman of the city's advisory parking committee.
"That's an absurd number," Salz said. "I don't believe it was serious at all because that deck would be empty. It would hurt everyone."
City officials are trying to find a way to pay for overtime police enforcement on Thursday, Friday and Saturday evenings. The overtime was ordered to increase police presence near the burgeoning entertainment district, where hordes of teens and young adults hang out.
Birmingham Police Chief Richard Patterson said there isn't a crime problem, but having three overtime officers on the streets is necessary for public relations. It adds up to $580 per night in extra costs. Officials believe the problem may go away when school begins, but they are looking for a long-term solution.
Not all officials believe the teens are a problem. Mayor Seth Chafetz has said having the city streets full of teens is a good thing and they aren't doing anything wrong anyway. The real problem is finding an equitable way to pay for the added security.
Business owners say they don't want to pay more taxes and they don't want their patrons to have to pay more to park.
Tim Currier, Birmingham city attorney, said raising parking fees at the adjacent Park Street parking garage is a good option because it is essentially a user fee directed at the people who frequent that area of downtown.
Dennis Dembiec, director of public services, recommended charging everyone $1 at the entrance. That's how much people are charged who stay for three hours, Dembiec said, so the city would get some revenue but exiting the garage would be automatic and much quicker.
Salz said the committee will make a recommendation to the commission by September.
The city is also considering piping in baroque music in the hopes that classical music around the theater will disburse teens quickly after movies let out.
Published with permission from the Birmingham Eccentric.
10) City will hear pipe replacement plans
Aug. 10, 2003
>From the Birmingham Eccentric
By Larry Ruehlen
A radical policy shift to use millions of tax dollars to help residents pay for failing sewer pipes isn't likely, said Tom Markus, Birmingham city manager.
"That would be so significant that perhaps the city commission would want to get the advice of the voters," said Markus. "It would increase our liability and change the course of city policy ... our recommendation is to do something that would further bring down repair costs for residents."
The topic of whether the city should help pay for lateral sewer repairs will be discussed at the Birmingham City Commission meeting tomorrow at 8 p.m. at City Hall, 151 Martin.
A vocal group of residents petitioned months ago, asking for city tax dollars to offset the cost of replacing lateral sewer pipes. The city installed the pipes, which connect individual houses to the city's sewer system, decades ago and they are failing all over town. Birmingham considers the pipes to be private property that are the sole responsibility of homeowners.
Residents want that policy to change. They say many of the pipes were made of Orangeburg, an inferior material that fails too soon. The petition asks that the city pay for the section of pipe that is under city right-of-way and reimburse residents who have had to pay as much as $15,000 to have the job done.
"We are looking forward to seeing the city's proposal," said resident David Bloom, who is leading the effort to change city policy. "And I expect the city will do the right thing for the residents."
Bloom has done much research on how other communities have dealt with the problem. He points to other cities such as Southfield and Warren that pay a portion of the repairs and a legal ruling by the Oregon department of justice that said cities in that state had to assume responsibility for repairs in the right-of-way. Other cities create tax-deductible special assessment districts that allow residents to pay for repairs over a period years, Bloom said.
Dennis Dembiec, director of public services, was charged with studying the points raised by Bloom and other petitioners.
"My job is to come up with a recommendation based on what is good for the entire community and that I have done," said Dembiec.
Markus maintains that the failing pipes benefit only individual home owners so the city doesn't have a responsibility to pay for the repairs - an interpretation that the commission has backed so far. Other cities agree with Birmingham's stance as well.
Thousands of lateral sewer pipes were installed over the years. Some were made of clay, some of cast iron and others of Orangeburg, which was the pipe of choice from 1945-62. Laterals of all different types are failing. Tree roots invade the connections of some and sediment builds up in others. Experts have said Orangeburg pipes can be ruined by running water.
John Thompson, a sewer expert with Liquiforce Sewer Services, said at a previous city meeting that Orangeburg was chosen because it was cheaper than other materials and that it took only a few years to realize the pipes would be a problem.
Most of the pipes are failing on the city's east side where the houses are older. If the commission changes course and agrees to have the city pay some or all of the cost, that would effectively have all citizens paying for the repairs because tax dollars or even bond money would be used.
Published with permission from the Birmingham Eccentric.
11) ACO will replace Maskill's Whistle Stop will get a tenant, too
Aug. 7, 2003
>From the Birmingham Eccentric
By Larry Ruehlen
Residents on Birmingham's east side will have another place to buy a hammer, and merchants are counting on ACO Hardware to revive the shopping scene at Adams Square.
"It makes a difference just in the appearance of the center," said Cindy Cheaves, owner of Technomasters, a store a few doors down from the now-vacant Maskill's True Value Hardware, where ACO Hardware will eventually reside. "Maskill's left in March, we had the road construction and then Whistle Stop closed down. But this is a stable center. The rest of us are still here."
Maskill's closed after more than 40 years in business at 619 S. Adams.
The owners said they couldn't compete with big box stores like Home Depot. Whistle Stop, a restaurant, closed down shortly thereafter and a months-long reconstruction of Adams Road had residents wondering if the shopping plaza would survive.
But news of its demise should cease, said Debbi Stevens, owner of half the plaza. Stevens said ACO recently signed a lease and Curves for Women, a fitness center, will occupy 3,000 square feet of the former Whistle Stop restaurant.
"It's wonderful news and we are very encouraged," said Stevens. "Both of them are getting ready to submit plans to the city so we don't know when they will open."
ACO officials confirmed the Farmington Hills chain would open its 67th store in Birmingham but declined further comment.
The center will still be without a grocery store - Farmer Jack's moved out long ago and continues to pay its long-term lease to keep competition from moving in.
"The construction was difficult, but we didn't lose any of our businesses," said Stevens. "Now things are definitely on the upswing."
According to ACO Hardware's Web site, the company was founded in 1946 by Ted Traskos and his four brothers, who opened their first hardware store in Dearborn.
Published with permission from the Birmingham Eccentric.
12) Comment: Historical survey not worth the cost
Aug. 7, 2003
>From the Birmingham Eccentric
While we strongly support the concept of doing a survey of buildings in Birmingham to determine their historical significance, the city commission was correct in denying funding for it.
The price tag -- $325,000 -- was too high, it was too sweeping and possibly unnecessary. Further, it raised serious questions about privacy and property rights.
Historical preservation can be a complex and explosive issue. It has to be approached carefully and openly because it can divide communities if it isn't done properly. The objectives of the survey must be clearly outlined to generate community support or it may be viewed as still another way for the city to exercise control over residents' private property.
And we've already seen reaction from citizens over the original version of the city's poorly conceived tree ordinance.
Still, there is value in such a survey. As Commissioner Dante Lanzetta pointed out, a survey would "objectively catalog the unique and special look and feel that is the soul of Birmingham."
Birmingham does have a special character that must be preserved.
But it shouldn't take a $325,000 survey to do that. There are already photos on file of the city's 9,500 buildings. And if further exploration of the sites is necessary, it should be done by volunteers or in conjunction with the Birmingham Historical Museum.
It is possible the survey will be back on the table, although it was rejected by the commission. Unless it is substantially altered and the cost cut substantially, it should be rejected again.
Published with permission from the Birmingham Eccentric.
13) Comment: Bury, don't replace, Dante-ism
>From our discussion forum
Posted by Publius: Aug. 07 2003,15:02
The 2003 BCC election is just around the corner. This is the Dante election. 2003 will be a referendum on the leadership, tactics and philosophy of 20 year veteran Commissioner Dante Lanzetta, his group of appointees, allies and supporters and their record in power.
Four years ago Lanzetta ran in a mixed coalition, including Chafetz, Dixon, and McKeon, receiving the smallest vote of any winner. Today he heads a tight clique that controls Commission policy and has declared war on his former partners. This group has formed what amounts to a functioning political party.
If this election is a referendum on "Dante-ism," how is that defined? The best guide is Lanzetta himself. In a recent letter to the Birmingham ECCENTRIC announcing his candidacy, Dante writes:
"Yes, I'm running. I need to finish the job the voters entrusted me with. The effects of development on our community's quality of life are still very vital issues. There are right ways and wrong ways to develop. We are always seeking a balance that will preserve Birmingham's residential character.
"Those who read the Eccentric or listen to the special-interest groups may not realize how much we have accomplished, like appointing a truly responsive planning board and passing a tough ethics ordinance. That's why residents voted for us. The powerful financial interests don't like what we have accomplished.
"Two years ago, they tried to buy an election - and the government (with) paid outside political operatives and call banks from outside the state. Against such well-financed tactics and a 'local' paper that is anti-resident, it will be very hard to get the truth out. But that's how democracy works and too much is at stake to quit now. I still care deeply about Birmingham and can't abandon the city that I've dedicated almost two decades to serving."
This letter neatly sums up Lanzetta's philosophy: "Birmingham is threatened by devils. As the only honest man in town, I alone can save you." Indeed, his entire career has been a one-note theme of devil theory. The names of the devils change, but the song never does.
In the letter Lanzetta identifies his current Designated Devils: the wealthy, special interests, developers, the local newspaper. As usual, he labels those who oppose him as "anti-resident," echoing without irony or shame the "Anti-Americanism" of Senator Joe McCarthy. His purpose for running is to "finish the job" of protecting Birmingham from devils, a task that will never be finished, because new devils can always be found.
If there's any one hallmark of Dante-ism, it's anger. Lanzetta himself is, basically, a very angry guy. His statements breathe with fury, his public demeanor is one part contempt and two parts barely suppressed rage. Every disagreement is due to his opponents' stupidity, bad motives, or more often, both. As his campaign letter shows, Dante-ism is the politics of anger, division, fear, and resentment.
A look at Dante's Commission record is interesting. If you study voting patterns, you'll see Lanzetta was actually on the losing side of most important issues. Always against, Dante is rarely FOR anything.
This negativity pervades his circle of acolytes and allies, who are are notorious for their paranoia, contempt for, and cruelty to their fellow citizens. For people who claim to be "for the residents," Dante's gang have hurt a long list of Birmingham residents and public servants whose only crime was to disagree or simply be in the way. Ruthless in their abuse of power, Dante allies have openly threatened political reprisals against citizens. They have fabricated lies to damage fellow citizens' reputations. They've treated the City Hall professional staff with an imperiousness worthy of Leona Helmsley.
This negativity has become the hallmark of Birmingham's political life. We're a regional laughingstock for it. In Birmingham, we now trash each other instead of debating issues. This is the legacy of Dante.
Now Dante himself must face the community. As usual, he casts this election as a fight between…guess what!! Good versus evil! Dante versus the devils! But this time Dante must face a broad-based coalition mainly composed of his former allies and friends. Nearly everyone who helped him eke out his narrow victory last time has been alienated by his past 4 years. Lanzetta, Reagan, Kulak, Gough, Seger, & Co. have accomplished a miracle: they've united Birmingham across traditional lines…against them.
But to beat Dante and Dante-ism, the opposition must present a clear alterative. To win the Dante election, opponents must offer an Anti-Dante, not merely a Dante in false clothing. Whoever seeks to replace Lanzetta must offer a politics of openness, humility, tolerance, inclusiveness. Candidates who just want to replace Dante's gang with their own gang will be rejected, because Birmingham would rather stick with the Dante we know than gamble with a Dante we don't.
So that's Birmingham 2003, the Dante Election. You want to replace Dante, provide an alternative, a choice not an echo. Bring people together, show positive goals, and treat your fellow citizens as friends and neighbors, not traitors and enemies. We know what Dante's against. What are you FOR?
It's time to retire Dante…and well past time to bury Dante-ism. Bury, not replace. 20 years is enough.
To be removed, send mail to info@bhambuzz.org
{{PERIOD}}
--------------------------------------------------------------------------------
BE INFORMED...GET INVOLVED...SPREAD THE WORD
Forward this email to friends, neighbors and others who are interested in EXCELLENCE for Birmingham.
Page 1 of 1 pages