County economy to stay positive

By Lisa Brody

According to University of Michigan economists, Oakland County's economy is predicted to return to normal this year and has a "solidly positive outlook" over the next few years.

A three-year economic outlook for Oakland County was presented on Monday, May 8, at Oakland University, where county executive Dave Coulter also presented the Oakland80 report, which dives into postsecondary attainment.

In the three-year outlook for the county by U-M economists Dr. Gabe Ehrich and Donald Grimes, they noted the national economy has not exempted southeast Michigan. While there has been growth in 2022, notably in the third quarter, “the county's jobs recovery has lagged Michigan’s as a whole. Oakland had recovered only 82 percent of the jobs it lost at the start of the pandemic by the third quarter of 2022, while Michigan had recovered 90 percent...We are optimistic that 2023 will feature a return to normalcy in Oakland County’s economy despite a slowdown in the national economy. We project the county to add 9,700 payroll jobs this year, a growth rate of 1.4 percent.”

The economists anticipate growth to be widespread across industries, noting that a remaining backlog of demand in the automotive and construction industries will likely cushion local unemployment against a possible mild recession. “Our forecast takes Oakland County’s payroll jobs count back to its pre-pandemic level in the second quarter of 2025 and to 1.2 percent higher by the end of the year.”

Oakland County's strengths – which include low child poverty, high educational attainment, a high share of residents employed in professional and managerial occupations, and a high median income –are among the economists' reasons for their optimism for the county's future.

However, they noted there are discrepancies and uneven economic prosperity within the county, with Birmingham, Bloomfield Hills, and Bloomfield Township maintaining stronger average household income compared to other municipalities, notably Pontiac and Waterford.

In the Oakland80 report, titled “The Road to Economic Success in Oakland County,” Coulter noted, “Oakland County is fortunate to be an economic leader in Michigan with the highest personal income per capita and second highest post-secondary educational attainment rate in the state. We want to build on and preserve this advantage for the future of our residents and ensure that all of our residents have the educational opportunities they deserve.”

He said the goal of Oakland80 is to work towards the ambitious goal of having 80 percent of adult residents of the county with a postsecondary degree or certified training certificate by 2030. Working with the leaders of Oakland Community College, Oakland Schools and Oakland University, in partnership with Gesher Human Services the county by using American Rescue Plan (ARP) dollars, developed a team of career and education navigators embedded throughout the county to help adults, “not only design their own educational pathways that satisfies both their interests and the needs in the local workforce but achieve their dreams.”

Substantially fewer Oakland County residents of color have postsecondary attainment. Only 42 percent of black residents and 47 percent of Latino/Latina residents have a college degree or certificate. Geography also makes a difference in post-secondary attainment. Residents in the Pontiac/Waterford area have a post-secondary attainment rate of 38 percent, and residents in west Oakland County have a below county average attainment rate of 53 percent while the Farmington/Southfield area is at 58 percent. The areas with the highest post-secondary attainment rates in the county are Birmingham, Bloomfield, Troy, and Rochester at 76 percent.

ARP funds are also being used to help with ancillary costs like transportation, books and childcare. “We rely on the strength of existing programs so that services aren’t duplicated, and precious resources can be dedicated to where they are needed most,” Coulter said.

Commission stalls on marijuana ordinance

By Grace Lovins

Birmingham city commissioners tabled discussions of a drafted Marijuana Ordinance at their meeting on Monday, April 24, directing the city attorney to continue working on the drafted language and potentially meet with other attorneys and subject matter experts to ensure the city is protected from potential litigation.

The commission reviewed the potential routes they could take for a marijuana ordinance during a workshop meeting on February 13. City attorney Mary Kucharek said during the workshop the city could remain opted-out of allowing marijuana business or they could create an ordinance in which they can regulate the time, manner and place, thereby avoiding a possible petition drive to put the issue on the ballot over which they would have little control.

Kucharek said the drafted ordinance allows for only two licenses, one for a medical facility and one for a recreational establishment, and essentially gives ‘bonus points’ if the licenses are colocated. Any business will need a license both from the city and state to operate. The process and standards for annual license renewal included in the draft mirrors the city’s current process for liquor license renewal.

Although Kucharek said the state hasn’t provided much guidance for municipalities, they do get some guidance on what the city is allowed to do per the result of a recent court of appeals decision regarding cannabis litigation against the city of Berkley. The court says the city could enact an ordinance as long as it isn’t unreasonably impractical, doesn’t conflict with other laws and the Michigan Regulation and Taxation of Marijuana Act, and reasonably regulates the time, place and manner.

The proposed ordinance includes a scoring system for the application review process that uses a points system. When an application is submitted, the city manager will go through all the different elements and provide a numerical score on each of the criterium and those with the highest scores can get the license. A score would be given for the site plan, security plan, business model and other required material.

Kucharek and city manager Tom Markus emphasized in the workshop that the intention with passing an ordinance is to be proactive. Several cities across the state have had citizen-enacted petitions and ended up with an approved ordinance in which the city had no say. Markus previously said that while the city is currently opted out of allowing cannabis-related businesses, it is not protected from a petition.

Michigan state statute allows for people to petition to have a cannabis ordinance placed on a ballot if it earns signatures from five percent of local voters in the last general election for governor, Kucharek explained during the workshop session.

If a citizen-initiated ordinance were to earn a majority of votes, commissioners would not be able to amend it or make determinations on the criteria for obtaining a license, and the petition does not have to be initiated by a local citizen but could be started by cannabis interests from outside the community.

State law and the city's proposed new ordinance provide that marijuana establishments and facilities can’t be located within 1,000 ft. of a school, religious institution, park or playground, or city owned recreational facility, according to Kucharek. In response to this, commissioner Clinton Baller proposed designating more parks throughout the city to eliminate any potential areas where establishments could be located. Commissioners Brad Host and Andrew Haig said they liked Baller’s suggestion and are interested in the city manager looking further into that option.

Two individuals from the public who own and operate marijuana establishments told the commission that Birmingham is considered a prime spot where many others in the industry are eager to get involved. One mentioned the ordinance’s scoring system could open the doors for hefty litigation, which is what they claimed happened in Berkley since the city didn’t have a way to break a tie using the scoring system. They also urged the commission to talk with experts in the industry, who they said mostly come from Birmingham, to make sure the ordinance is written in the best manner possible.

After hearing public comment, Baller suggested speaking to subject matter experts to see what could be changed in the ordinance. Mayor Therese Longe echoed that suggestion, saying that speaking to Keego Harbor officials, where voters approved an amendment to end the prohibition of medical marijuana facilities, and attorneys who specialize in helping cities with cannabis litigation might be beneficial.

Two members of the Birmingham Bloomfield Community Coalition, an anti-substance abuse group, who attended the meeting by Zoom, urged the city commission not to change the current opt-out position of the city when it comes to cannabis businesses.

The commission voted 7-0 to table discussions of the ordinance and directed Kucharek to seek guidance from attorneys who specialize in helping cities with cannabis litigation. Baller also asked for a better map that illustrates where these businesses could set up shop around the city.

Tenant’s rights rules tabled by Birmingham

By Grace Lovins

Commentary from citizens and landlord attorneys convinced the Birmingham City Commission to table a decision on passing a tenant’s rights ordinance at the meeting on Monday, April 24, after several shared their disappointment in the draft’s focus.

The commission directed city attorney Mary Kucharek to begin drafting a tenant’s rights ordinance back in December 2022 after former mayor and beloved resident Dorothy Conrad was nearly booted from her home in Baldwin House. Conrad’s situation opened the door for the commission to deliberate adding additional protections for renters related to source of income and the right to renew.

Kucharek presented the second draft of the ordinance at the meeting, noting the catalyst for the discussion being Conrad’s situation. After the last meeting, attorneys representing landlords shared feedback and complaints about the previous draft ordinance language, saying the right to renew protections could have unintended consequences for landlords and other renters. Kucharek suggested, given the feedback, focusing the ordinance on providing additional protections for renters over 65 years old.

“The new proposed ordinance in front of [the commission] really focuses on two things. One, that there would not be discrimination against persons over 65-years of age for their source of income in order to pay their rent; and that if there lease is going to renewed or not renewed, the landlord provide that information in writing with a 90-day notice period so that if it’s not going to be renewed for good cause as defined in state law, that person over 65 has more than weeks or days to scramble to figure out what their life is going to look like,” Kucharek said.

According to Kucharek, focusing on renters 65-year-old and over addresses what brought all of the issues regarding tenant’s rights to the commission and the language proposed takes into account the concerns from people opposing the ordinance, making it more protective of the city.

Many residents, along with commissioner Brad Host, disapproved of the focus on renters over 65 years old. Kucharek said the only law protecting age discrimination based on age was the Elliott Larson Civil Rights Act, explaining it was limited to employers questioning age, but according to other attorneys who spoke, the law applies to housing as well. Renters, fair housing attorneys and attorneys representing landlords all generally agreed in public comment that the ordinance should not pass as written.

“Something is needed, the question is to what degree,” said commissioner Andrew Haig. He proposed developing a tenant and landlord code of conduct to regulate interactions of both parties in the city. “Going to an attorney first can be an expensive, daunting, difficult proposition so if there was a way of having a mediating influence as the first step, perhaps we need to look at something like that,” he said.

Kucharek added that, if that’s the route the commission wanted to take, resolving disputes could be left to trained mediators servings as volunteers. Other commissioners said they would be interested in looking into the practicality of a code but would need to figure out the details and enforceability.

Commissioners voted 7-0 to table discussions of the ordinance. Kucharek was directed to look into the practicality of establishing a code of conduct between renters and landlords, the legality of offering protections to people only over the age of 65 years old, and removing the word ‘citizen’ from the document for inclusivity.