A post on the group’s Facebook page states: “We understand the County Building does not contain a court, but we have not verified this. If it is indeed not a court, open or concealed carry would be lawful and the county building would be covered under preemption.” There is no court in the building where county commissioners hold their meetings, at 220 N. Main St. in downtown Ann Arbor.

At the board’s Sept. 4, 2013 meeting, three people spoke during public commentary, urging commissioners to pass a resolution that would call for the repeal of Michigan’s “stand your ground” law. At that same meeting, board chair Yousef Rabhi indicated his intent to bring forward such a resolution on Sept. 18 – similar to one passed by the Ann Arbor city council on Aug. 8, 2013. Activists have been calling for the repeal in the wake of a Florida verdict in the Trayvon Martin case that was handed down in mid-July. George Zimmerman was acquitted of murder charges in large part because of a defense based on in a case that drew attention to Florida’s “stand your ground” law.

The resolution on the county board’s Sept. 18 agenda urges state legislators and Gov. Rick Snyder to repeal Public Act 309 of 2006 and Public Act 319 of 1990, and “to adopt common-sense gun regulations such as improved background checks, strengthened gun-free zones, and limits on the sale of high-capacity magazines.” [.pdf of proposed resolution on the Sept. 18 agenda]

The Michigan Open Carry Inc. website states four objectives of its group:

to educate and desensitize the public and members of the law enforcement community about the legality of the open carry of a handgun in public;

to exercise a natural right to self defense using the most efficient and common tool, a handgun;

to demonstrate to the public at large that gun owners are one of the most lawful segments of society and they have nothing to fear from the lawful carry of a firearm;

to protect our right to self-defense.

Ann Arbor has seen previous advocacy from open-carry supporters, including a picnic held in Wheeler Park that The Chronicle attended nearly five years ago, in October of 2008.

The county board’s ways & means committee meets at 6:30 p.m. on Sept. 18, followed immediately by the regular board meeting where the “stand your ground” resolution will be considered. Though the agenda states that the regular board meeting begins at 6:45 p.m., it usually starts much later – times vary depending on what’s on the agenda. Public commentary is held at the beginning of each meeting, and no advance sign-up is required.

Site plans available for inspection at city hall in Ann Arbor.

However, Scott Munzel, the attorney for Alex de Parry’s 24-unit proposal for Fifth Avenue, expressed disappointment that the project had become a “battle to the death.” He was alluding in part to a letter that council had received asking it to return the project to planning commission to be re-heard and re-voted on by that body, because of a technical violation of rules concerning the public accessibility of drawings in advance of public hearings.

The Chronicle used the occasion of Sunday caucus to pose questions to councilmembers on a range of other topics besides City Place, including the availability of the analyses regarding alternatives to the police early-retirement incentives, the openness of the budget and labor committee’s meetings, the possible re-appointment of Rene Greff to the board of the Downtown Development Authority, and a recent arrest of a citizen for carrying a handgun openly.

City Place Site Plan

The Chronicle: Are you going to be voting on the City Place site plan tomorrow night?

[Previous Chronicle coverage of the City Place project.] Mayor Hieftje indicated that it was on the agenda and that he had no information suggesting that they would not be voting. Following up, The Chronicle asked if the letter they had received from an attorney representing a member of the Germantown Neighborhood Association would have any impact. [The letter calls attention to a technical omission in connection with requirements about the availability of site plans in advance of public hearings.]

Hieftje said they had not heard from the city attorney’s office that anything required revisiting, but that they did hear that the city would respond appropriately. Asked if city council would undertake to send the site plan back to planning commission on its own, independently of advice from the city attorney’s office, Hieftje indicated that they would not.

Planning commissioner Ethel Potts weighed in at caucus on the question of the City Place site plan and asked councilmembers who were present to consider the meeting minutes of the planning commission session when the “by right” proposal was voted on. She said the minutes reflected that the planning commission had struggled with many aspects of the project.

Potts focused on the fact that the dwelling units in the proposed project had six bedrooms and that each bedroom could be leased to a different individual. On that basis, she said she was troubled about whether it met the relevant code. Questioned by Sabra Briere (Ward 1) about the fact that this was not the first project that had bedrooms set up in this fashion, Potts allowed that “we’re learning as we go.” Potts alluded to a project that had no windows for some of its bedrooms [Zaragon Place].

Briere asked how many previously approved projects there were that had six bedrooms that locked. Potts said she hadn’t counted. Mike Anglin (Ward 5) cited one project that had been built on Greene Street with such a configuration. Briere said that if council had approved things like that in the past she was conflicted about how they could not approve such configurations now.

When Scott Munzel, attorney for Alex de Parry and the City Place project, took the podium, he said, “I’m really sorry it’s turning into a battle to the death!” Briere responded, “You could withdraw the project!”

Munzel assured council that the project did in fact comply with all the relevant codes. He explained that the units had six bedrooms and that the bedrooms were not efficiency apartments unto themselves. The second point he made was that the setback requirements are met. And finally, Munzel explained, the height requirements were met. This, in response to some bulletins that have been sent to council recently by Tom Whitaker on behalf of the Germantown Neighborhood Association. The bulletins examine the clarity of language in Ann Arbor’s zoning ordinances and question whether the City Place project meets those particular code requirements.

On the procedural issue about which The Chronicle had asked, Munzel said that he did not know if, in fact, the procedural error had been made, because it’s the city of Ann Arbor, not the developer, which is in control of that. But if an error had been made, he stressed that planning commission is a recommending body only. If an error had been made, Munzel said, there had been no prejudice, as evidenced by the fact that the Germantown Neighborhood Association had participated fully in the process.

Any delay associated with sending the site plan back to the planning commission in order to rectify the technical error would raise issues of timing and financing, Munzel said. Munzel described how de Parry had met with the Germantown Neighborhood Association, and generated additional designs based on those meetings. De Parry had made substantial efforts to address their concerns, and in fact had developed conceptual drawings that met all of their concerns except for the basic fact that something would change, Munzel concluded.

Munzel asked council members to reflect on “the fundamental fairness of how you’re treating this applicant.”

Briere had some questions for him, prefacing them by saying, “These aren’t hostile questions, honest. They may be joking and sarcastic, but they’re not hostile!” Briere wanted to know why de Parry had not brought forward the alternate plans that had been developed with input from the neighbors. Munzel described how the interactions had gone around and around, and ultimately de Parry felt that he had met every issue about which neighbors were concerned – except the fact that things were going to change in the neighborhood.

This conceptual drawing reflects discussions between Alex de Parry and neighbors as a revision to a previous PUD version of City Place, but is no longer in play as a possibility.  The design would have had a connecting building to the rear of the preserved fronts of the existing houses.

Briere asked Munzel why de Parry did not want to bring that revised plan forward. Munzel explained that it would mean starting over. At some point, Munzel said, people don’t want to feel like they are banging their head against a wall. Carsten Hohnke (Ward 5) reported that he was a part of some of the discussions between de Parry and the neighbors. He said that the drawings were available and could be shared.

Hohnke continued by saying that the Germantown Neighborhood Association had decided their issues weren’t being resolved and had thus  decided not to continue with the discussions. For her part, Briere said: “At some point the neighborhood doesn’t get to decide,” stressing that she was completely committed to the idea of neighborhood participation. [Briere sponsored an ordinance change that now requires early neighborhood participation in development processes.]

An interaction between Hohnke and Munzel brought out the fact that one difficulty with an alternate design at this point was that it would have to be a completely new and different project from the previous PUD that had been proposed. [A planned unit development allows council to exercise more judgment in weighing the public benefit of a project.] Munzel described the option of revising that PUD with a  different design as “having lapsed.” [It would have required a motion to reconsider the PUD that council denied, which would have needed to come at the following council meeting.]

Briere then related the assessment of some other developers she’d talked to of the design being proposed for the City Place “by right” development. She said they had described it as the “worst of all possible designs,” meant to show how bad it can be in an R4C zoning district. Munzel replied: “That’s just not true.” Munzel said that with any property you look at the property, and you look at the zoning and you want to maximize the buildable area. He continued by saying he could not disagree more with the statement that they were deliberately intending to bring a poor design to council.

Munzel described how de Parry’s initial interest had been in a brownstone-style design but that it could not be implemented, because it was not possible to use a parapet wall under the 30-foot height requirement. The hip-roof style had been selected as an alternative, because it was felt that it would reflect the more residential character of the neighborhood than a flat roof. “Believe me, Brad Moore [the architect on the project] is not trying to build something that’s a poster child for sticking it in the face of the city,” Munzel said.

Resident Alice Ralph also spoke to the issue of City Place in general terms, suggesting that “matter of right” is not a “singular notion.” There is still an area that is subject to interpretation, namely the public safety and welfare, she suggested. She asked council to reflect on the possibility of turning down the project on that basis.

Police: Early Retirement Incentive

The Chronicle: [Council recently authorized an early-retirement incentive program for police officers that includes two years of service credit with an option to purchase a third year of credit.] At the last city council meeting during public comment time, John Floyd asked for an analysis of a scenario in which early retirement incentives would be offered to police officers in two years (instead of now), after the impact of the force reduction through attrition could be assessed. Leigh Greden (Ward 3) responded only by saying that there were no guarantees associated with an attrition strategy. Can we get a look at any analysis that might have been done on that scenario, as well as any others – for example, a scenario where only one year of service credit would be given with an option to purchase two years of credit?

Hieftje said that other analyses were presented to the budget and labor committee of the city council and that it was “wrapped up with union things.” Hieftje said that there were “other calculations besides just numbers.” Asked by The Chronicle if a regular report could be solicited from the budget and labor committee during the “communications from council section” at council meetings, Hieftje allowed that it would be possible, but that he would “not expect a lot of verbiage.”

Asked to clarify what the status of budget and labor committee meetings was with respect to accessibility to the public, Hieftje said that they were open to the public – although council members who were not members of the committee could not attend. He explained that if other council members attended that would constitute a quorum – the budget and labor committee consists of five members – and that because sometimes decisions are made by the committee, that would constitute a decision made by the entire council.

Police: Arrest of Citizen for Open Carry

The Chronicle: On Friday afternoon [May 29, 2009] a member of the community was arrested in connection with the exercise of the right under Michigan law to openly carry a handgun. During your regular Wednesday meeting with police chief Barnett Jones, can you get some clarification as to the details of that incident, and clarify for us whether Ann Arbor Police Department officers are clear about the provisions of the law?

Hieftje indicated that he was aware of the incident and that he was not sure if a charge would be brought. Asked if he could provide clarification to the public about the incident and Ann Arbor Police Department policy when that information was available, Hieftje said that The Chronicle should send him an e-mail.

Downtown Development Authority

The Chronicle: Have you decided whether to reappoint Rene Greff to the board of the Downtown Development Authority?

Hiefte said that he was under the impression – because others had told him – that Greff was not interested in continuing to serve on the board. So he said it was news to him to hear that she was interested in continuing her service. He referenced the DDA retreat when he had said the same thing. Asked again if he had made a decision, Hiefje said that he had not made a decision about whether to reappoint Greff. Responding to a follow-up question from The Chronicle about how someone might go about applying for the position, Hieftje said that there was an application form that could be downloaded on the web. He said that he would like to find somebody affiliated with the Main Street Area Association. Hieftje also indicated that he intended to meet with Greff within the next two weeks.

Argo Dam

Resident Sarah Rampton reported that the Pioneer High School girls rowing team that won a gold medal in a recent competition. She also wanted to clarify some issues surrounding the current discussion about the removal of the Argo Dam. First, she characterized the state’s Department of Environmental Quality (DEQ) deadline as negotiable. She also listed out various options for spending the $300,000 that has been allocated for the repair of the dam’s toe drains. One of those options, she said, is to take the $300,000 to build a portage for canoeists.

She also emphasized that one of the issues surrounding the generation of hydroelectricity at the dam has to do with carbon credits. In discussion on the question with Hieftje and Hohnke, they indicated that they understood how carbon credits within a cap-and-trade system were related to the issue. They gave assurance that such credits were a part of the analysis that the various commissions in the city were considering.

Rampton told the council members in attendance at the caucus that it would mean a lot to the rowing community if it had definite information that they were in fact going to be moved to a different location. Councilmember Marcia Higgins asked when the dam issue was going to come before council. Hieftje indicated that would be in mid-July. Rampton also wanted to know how the pond as a body of water counted versus the river as a body of water. She asked how council could quantify the beauty of the pond. Hieftje indicated that he had considerable personal experience walking and kayaking along that stretch of the Huron River.

Brian Jeffs.

As The Chronicle approached one of the conversational pods, Ron Gibson made an effort to make us feel welcome, inviting us to join them in their meal of hot dogs, burgers, pasta salad, and powdered-sugar donuts. Gibson rarely makes a trip into Ann Arbor from his Washington Township home – but the organizer of this particular event, University of Michigan student Julian Lizzio, wanted to host a gathering close to where he’s currently living. Organization took place through an internet forum. Brian Jeffs, described by other picnickers as the “figurehead of the group,” said that similar events associated with this group date back to December 2007 in Brighton, which drew three people at a McDonald’s. A gathering in Warren, though, had brought out 75-100 people.

Lizzio was satisfied with the Ann Arbor turnout of around 25, saying that too much publicity in Ann Arbor might have been counterproductive. Maybe a half dozen local Ann Arbor residents dropped by only because they said they’d read about it in The Ann Arbor News, which had published an item previewing the event. One of those News readers was Bob Powell, who had recently completed requirements for his Concealed Pistol License, but was unfamiliar with open carry.

Asked if he’d decided who he was voting for in the upcoming election, Powell said he was going to vote for Obama – despite the fact that one of the picnic tables contained a display with National Rifle Association literature outlining the case against Obama. Powell said that overall he felt like Obama had a lot of good ideas and that he wasn’t going to let his position on firearms be the one determining factor.

The Chronicle didn’t conduct a scientific poll of the gathering, but took at face value Gibson’s response to our question, “Do you figure we could find some Obama supporters here?” Laughed Gibson, “Good luck!” So Powell was likely the only Obama supporter in the crowd.

Bob Powell and Doug Scott read about the open carry picnic in The Ann Arbor News and decided to check it out. Scott is holding a handout with the title: "You Can Openly Carry a Handgun in MIchigan."

But not everyone was necessarily voting for McCain. Lizzio said that he was mulling the possibility of voting for one of the third party candidates like Bob Barr of the Libertarian Party. Although the Libertarian Party best reflects Lizzio’s attitudes on Second Ammendment isses, he says that he’s not involved with the campus Libertarian Party, which is fielding a candidate for mayor of Ann Arbor (Eric Plourde) in this November’s election. The College Libertarians at UM have conducted a free handgun giveaway in the past, although the giveaway does not entail bringing a handgun onto the campus, which is a weapon-free zone as declared by the UM regents.

There are various other place restrictions on open carry – banks, churches, courts, theaters, sports arenas, day care centers, hospitals, bars. The basic requirements of open carry were summarized for The Chronicle by Gibson, collaborating with other picnickers, as follows:

• the gun must be obtained legally
• the gun must be properly registered
• the carrier must be 18+ years old
• the carrier must be on foot

As a result, it’s easier to carry a weapon openly than concealed in Michigan. There are certain advantages, though, to having a Concealed Pistol License, which requires a licensing fee plus documented training at a range. Without a CPL, transport of a handgun with a motor vehicle to an event like Sunday’s picnic requires the weapon to be unloaded and inaccessible to occupants (e.g., in the trunk).

In an open carry setting, it’s not legal to unholster a weapon to check to see if it’s loaded – but most of the picnickers could determine their weapon’s loading state through visual inspection in the holster. Gibson pointed out the contrast between a raised tab along the top of the barrel – indicating a round in the chamber – on his own pistol, and the flush tab on a fellow picnicker’s gun, which indicated no round in the chamber, even though there was a magazine loaded. Drawing a weapon requires the wearer to believe that they are in mortal danger.

Ron Gibson checks out a volume by Ted Nugent.

The picnickers by and large seemed prepared to live with the fact that there are plenty of situations where they won’t carry their weapons – some prescribed by rule, and others by social constraints. Brian Jeffs says that he doesn’t carry while working his job as a geologist for the State of Michigan, because his employer doesn’t allow it. And Ron Gibson said he was refused open carry at a graduation party in his own family, but rather than disrespect the graduate by not attending, he left his handgun at home. A smaller group of the picnickers were planning to head over to Maison Edwards tobacco shop in Nickels Arcade after the Wheeler Park gathering. They’d called ahead and said the owner didn’t mind the open carrying – as long as they bought some cigars.

One of the messages that the assembled picnickers wanted us to take away was that guns are not bad and that people who own them are not bad people. “We’re not criminals,” said one picnicker. He fessed up to one infraction a couple of decades ago that resulted in a night in jail: public urination (in his own yard), which was recorded as indecent exposure. There’s something to be said about the importance of keeping things holstered, and yes, that joke was made.

Looking for an alternative view on the open carrying at Wheeler Park, The Chronicle spotted a woman in a big pink floppy hat sitting on a bench in the middle of the park soaking up the sun, and pegged her as a neighbor who would deliver just the anti-open-carrying quote that we needed to provide some balance. Nope. It was Charlotte Reaume – she’d accompanied her husband, who was over in the shade under the shelter. Reaume is a candidate for Monroe County sheriff in November’s election. Her recollections of a career in law enforcement patrolling Conrail railyards with a black German shepherd named Prince filled out the rest of The Chronicle’s afternoon at Wheeler Park.

A: Is there a round in the chamber or not?

B: Is there a round in the chamber or not?

A grill full of Koegel's at the open carry picnic.