But on Aug. 18, Gottlieb posted this message on the Selma Cafe website: ”Dear friends and supporters of Selma Cafe, As we move towards September, the board of directors of Selma Cafe, and I, are discussing what is next for Selma Cafe. The monthly breakfast parties are currently on hold. Please stay tuned for updates on activities, and thanks to all for the love!”

Selma Cafe began as a weekly breakfast salon in 2009, held on Friday mornings at the home of Gottlieb and Jeff McCabe in Ann Arbor’s Eberwhite neighborhood, on the city’s west side. Operations were suspended in mid-April of 2013, after the city notified the group that the breakfasts were violating local zoning ordinances. At roughly the same time, Selma’s previous fiscal sponsor – the nonprofit Food System Economic Partnership (FSEP) – froze funds it held on behalf of Selma Cafe, citing violations of a memorandum of understanding between the two entities. Artrain, an Ann Arbor-based nonprofit, agreed to take on the sponsorship responsibilities, and the IRS expedited Selma’s application for nonprofit status.

The volunteer-supported fundraising breakfasts resumed in June of 2013 at a new location – in the common house dining room at Sunward Cohousing, 424 Little Lake Drive. The cohousing community is located off of Jackson Road, west of Ann Arbor in Scio Township. The events shifted to a Saturday brunch, held monthly and featuring guest chefs and locally sourced food. Chefs this year have included Eduardo Rubio of Aventura and local attorney Nick Roumel, among others.

About a year ago, Selma Cafe received a 501(c)3 nonprofit designation from the IRS, a final step needed to secure financial autonomy.

Board members for the nonprofit include Roumel, local farmer Nathan Lada, long-time Selma Cafe volunteers Susie Baity and Kyoko Yamamoto, and McCabe, who also is owner of Nifty Hoops.

Gottlieb, who emailed The Chronicle with the news on Aug. 18, indicated that the transition over the past year has been difficult, requiring a tremendous amount of work for her personally, although she stressed that Sunward Cohousing has been welcoming and has worked to accommodate Selma Cafe’s needs. She has also become interested in nonviolent communication (NVC), describing it as “a form of conflict resolution and peace making that seems essential to our world these days.” She’s been working closely with NVC-certified trainers to bring workshops and classes on into the Ann Arbor area, including a year-long training program. “I am finding that is currently where I have passion and stamina,” Gottlieb wrote in an email.

“The board of Selma Cafe and I are in discussions about what is next for our organization,” Gottlieb wrote, “and we are all very invested in finding new and creative ways to support local food and sustainable agriculture in the near future, while allowing the format of the breakfast parties to shift to other activities. We are all tremendously grateful and appreciative for the love and support from volunteers, guests and friends of Selma Cafe. I’ll keep the website updated as we move forward.”

Selma Cafe now holds its monthly breakfast fundraisers in the common house dining room at Sunward Cohousing in Scio Township. (Photo courtesy of Lisa Gottlieb.)

According to co-founder Lisa Gottlieb, the IRS approval of Selma’s 501(c)3 application came late last week. Artrain, an Ann Arbor nonprofit that took on fiscal sponsorship of the cafe in early June, will transfer about $43,000 in cash assets back to a Selma Cafe account at University Bank as soon as a new account is set up. That’s likely to happen later this week, Gottlieb wrote in an email to The Chronicle. Artrain will take a 5% fee for their fiscal support in the transition to Selma’s 501(c)3 status.

Selma Cafe began as a weekly breakfast salon in 2009, held on Friday mornings at the home of Gottlieb and Jeff McCabe in Ann Arbor’s Eberwhite neighborhood. Operations were suspended in mid-April of 2013, after the city notified the group that the breakfasts were violating local zoning ordinances. At roughly the same time, Selma’s previous fiscal sponsor – the nonprofit Food System Economic Partnership (FSEP) – froze funds it held on behalf of Selma Cafe, citing violations of a memorandum of understanding between the two entities. FSEP set a May 31 deadline for organizers to find a new fiscal sponsor, or receive a 501(c)3 nonprofit designation from the IRS. Artrain agreed to take on the sponsorship responsibilities, and the IRS expedited Selma’s application for nonprofit status.

The volunteer-supported fundraising breakfasts resumed in June at a new location – in the common house dining room at Sunward Cohousing, 424 Little Lake Drive. The cohousing community is located off of Jackson Road, west of Ann Arbor in Scio Township. The events shifted to a Saturday brunch, and are being held on a less regular basis. A second breakfast was held on Aug. 3, and others are set for Sept. 14, Oct. 12, Nov. 9, Dec. 14, and Jan. 11. All brunches run from 9 a.m. until noon, with suggested donations of $12-$15.

Of the transition, Gottlieb wrote in an email: “The Sunward Cohousing community has been extremely warm and welcoming, and many of the cohousing residents have been volunteering, which is generous of them and really fun. Selma Cafe guests and volunteers are sharing that they love the new digs. It’s a beautiful setting, with a great kitchen and spacious dining room. The first two breakfast events there were successful and everyone had a great time. Everyone is happy that Selma Cafe didn’t miss a beat in getting things going again.”

Selma’s nonprofit board members are Susie Baity, Kyoko Yamamoto, Nathan Lada, Nick Roumel and Jeff McCabe, with Gottlieb serving as board president and operations/general manager. Gottlieb stated that the board is reviewing projects and events it might pursue, in light of its new independence as a nonprofit.

She also addressed previous concerns that had been raised regarding a possible conflict of interest by McCabe. He owns Nifty Hoops, a business that sells kits to make hoop houses to extend the growing season. “Selma Cafe hasn’t purchased any kits from Jeff, ever, and does not intend to do so,” Gottlieb wrote in an email. “All the hoop houses Selma loaned farmers money to purchase happened before Jeff started Nifty Hoops.” Kits that were purchased using Selma loans were bought from a hoop house company in Ohio, she stated.

For additional background, see Chronicle coverage: “Selma Cafe Finds New Fiscal Sponsor: Artrain” and “City Notifies Selma Cafe of Zoning Violation.”

The paperwork is being completed to transfer fiscal sponsorship from the nonprofit Food System Economic Partnership (FSEP) to Artrain, an arts and cultural organization. In a phone interview with The Chronicle, Gottlieb said the new sponsorship by Artrain means that FSEP will release the Selma Cafe funds that had been frozen, including $46,500 from cash donations.

In late March, FSEP had frozen funds it held on behalf of Selma Cafe and had set a May 31 deadline for organizers to find a new fiscal sponsor, or receive a 501(c)3 nonprofit designation from the IRS. If neither of those actions occurred, FSEP could take the Selma assets permanently, under terms of a memorandum of understanding between the two entities. FSEP’s board had decided to end its fiscal sponsorship of Selma Cafe because of what FSEP characterized as significant violations of the MOU’s terms.

At about the same time, Selma Cafe had been notified by the city of Ann Arbor of zoning violations. The violations were related to the location of the weekly breakfasts – in Gottlieb’s home, in the Eberwhite neighborhood on Ann Arbor’s west side. Because of those zoning issues, Selma Cafe suspended operations in mid-April. [For additional background, see Chronicle coverage: "City Notifies Selma Cafe of Zoning Violation."]

This week, Gottlieb said she’s close to securing a new location – or possibly more than one – for Selma Cafe to restart in some form. The basic format of guest chefs and volunteers will remain, with a focus on locally produced food and support for the farming community. But the previous weekly format will be reduced in frequency to once a month – at least initially. The monthly Saturday brunch would last from 9 a.m. until 1 p.m. Gottlieb hopes to hold the first one in late June.

Regarding Selma Cafe’s new fiscal sponsorship, Gottlieb made the connection to Artrain through Mark Braun, a musician known as “Mr. B” who attended high school with Gottlieb in Flint. He suggested approaching Artrain as a possible fiscal sponsor for Selma Cafe. Artrain had recently added “Mr. B’s Joybox Express Mississippi River Ride” to its roster of projects.

In a phone interview on Thursday with The Chronicle, Artrain CEO Deb Polich said the board approved Artrain’s fiscal sponsorship of Selma Cafe at its meeting in early May. She described the sponsorship as a “short-term reality” until Selma Cafe gets its 501(c)3 designation. If that doesn’t happen, then “we’ll work on a longer-term solution,” she said.

Polich reported that Artrain had set up a fiscal sponsorship program a couple of years ago, with a board-approved application process. Creation of the program was prompted by an individual artist who ended up not using it, Polich said.  So Selma Cafe is the first entity to go through the process. It’s not something that Artrain has promoted, she said.

According to FSEP board chair Ginny Trocchio, FSEP’s board approved the transfer of Selma Cafe assets at a board meeting earlier this week.

Gottlieb described Artrain as a better fit than FSEP, because Artrain is not asking for as much control over Selma Cafe’s operations. As a fiscal sponsor, Artrain’s main role will be financial oversight. In addition to the cash funds, Artrain will also be a fiduciary for about $110,000 in additional assets, including CD investments and loan payments related to hoop house kits and equipment.

As for the 501(c)3 application, Gottlieb said the IRS has agreed to give Selma Cafe’s application an expedited review.

A map posted earlier this year on the Selma Cafe website aimed to address parking and traffic concerns in the neighborhood.

The group has also received notice that the nonprofit Food System Economic Partnership (FSEP) has decided to end its fiscal sponsorship of Selma Cafe, citing “significant violations” of the terms in a memorandum of understanding between the two entities. The FSEP board voted to make the move in late March.

But it’s the zoning violations that could force a dramatic change in Selma Cafe, which often draws more than 200 people to the home of co-founder Lisa Gottlieb, located near Eberwhite Elementary School. The letter, dated April 3 from city planning manager Wendy Rampson, notes that home occupations are allowed in residential areas, but with certain restrictions. The letter states that Selma Cafe violates those restrictions in three ways: (1) more people are involved in the operation than are allowed under city code; (2) more than the permitted 10 vehicle trips per day are generated; and (3) the need for parking is not being met.

Reached by phone on Friday, Gottlieb said she plans to hand-deliver a response to the city on Monday. She believes the parking, traffic and congestion issues are resolved, and she is actively pursuing two other locations as possible venues for the weekly breakfasts. She disagrees with the city’s interpretation of the code, noting that Selma Cafe is not a business and the people who work there are volunteers, not employees. Although she hopes to continue holding the breakfasts, she said at this point it’s unclear how things will play out and whether that will be possible.

Gottlieb noted that one neighbor had criticized Selma Cafe for bringing thousands of people to the neighborhood since they started in 2009. Although the neighbor had cited that as a negative thing, Gottlieb said to her it seemed “pretty incredible” that the effort had been able to engage so many people in raising money for the local foodshed, keeping money in the community and helping local farmers.

Regarding the issues raised by FSEP, Gottlieb explained that she had withdrawn funds from the FSEP-managed bank account to transfer into a new account created as Selma Cafe transitions to become an independent 501(c)3 nonprofit. She had not first informed FSEP of the withdrawal, as required under terms of the memorandum of understanding. Even if that had not occurred, she added, “the fact is they wanted to be done with us.”

Obtaining the nonprofit status is taking longer than anticipated, so Selma Cafe is seeking another fiscal sponsor. Until that happens, the funds for Selma that remain in the FSEP-managed account – which total about $40,000 – are frozen. If no new fiscal sponsor is found and Selma does not obtain its 501(c)3 designation by May 31, FSEP could take the Selma assets permanently, under terms of the MOU. If that happened, FSEP would need to allocate those funds “in any manner consistent with applicable tax and charitable trust laws and other obligations.”

Selma Cafe: Background

Selma Cafe today still reflects its origins as a homegrown venture, started by Lisa Gottlieb and Jeff McCabe in their home on Soule Boulevard, just down the street from Eberwhite Elementary. The breakfasts are prepared and served by a staff of volunteers, often featuring chefs from local restaurants and using locally-produced food. Recent chefs have included Keegan Rodgers of the People’s Food Co-op, Peter Roumanis of Vellum Restaurant, Rebecca Wauldron of Busch’s, and others from The Beet Box at Mark’s Carts, EAT, Sweet Heather Anne Cakes, and Tantre Farm.

The effort started when the couple – now separated – hosted a fundraising dinner for the nonprofit Growing Hope about five years ago. Because the tickets for that event were fairly high, they decided to hold something more informal as well, and hosted a fundraising breakfast called Diner for a Day, featuring the filmmaker Chris Bedford. The event drew about 160 people – enough to indicate an interest in people willing to support the local food economy.

They decided to keep it going as long as there were volunteers to support it, and eventually grew their volunteer pool to more than 500 people. The breakfasts are held on Friday mornings from 6:30-9:30 a.m. Diners pay voluntary contributions for their meals, raising money for microloans to build hoop houses for local farms, as well as other local food-related activities. The Selma Cafe website cites a broader mission as well, describing it this way:

A hub, a center, a heart of the many ongoing efforts to improve our lives through community building, free access to affordable, healthy foods and the fostering of right-livelihood in vocations with meaning and purpose.

A celebration of seasonal, local ingredients from the abundance of what our region has to offer.

An inclusive community, building the next stage of our local-foods infrastructure founded on the principals of openness, transparency and joy. We seek your help in building the tools and organizational structure to maintain these foundational principles.

A source of funding for building new local-foods infrastructure through loans for hoop houses, affiliations with other community non-profits, and support for the Tilian Farm Development Center.

Money contributed at the cafe also supports Farmer Fund, which was created to administer the microloan program. According to the cafe’s website, University Bank originates and services those loans.

Selma Cafe has been warmly received by many in the community. For example, when Gottlieb and McCabe made a presentation to the Ann Arbor greenbelt advisory commission’s Nov. 10, 2010 meeting, commissioner Dan Ezekiel praised their work and said he’d eaten there many times: “Your efforts and your activism are amazing.”

The breakfast salon is regularly featured in local, state and national publications and blogs. A recent example is from a March 25, 2013 post on Shareable.net:

I was lucky enough to share a table at the [local economics] forum with Lisa Gottlieb, a social worker and founder of Selma Cafe – a community breakfast that benefits local, sustainable farming efforts. Lisa invited me to the Selma Cafe and I squeezed it in one morning. Though Lisa was on her way to work when I got there, I shared a meal and lots of interesting conversation with some remarkable people, including a man who volunteers part-time in Haiti doing healthcare and other friendly folks interested in the concept of Ann Arbor as a sharing town.

City Code Violations

The popularity of Selma Cafe has also led to complaints from some neighbors, even in its early days. As The Chronicle reported in July of 2009, an anonymous letter – signed from “an Eberwhite Elementary School parent” – raised concerns about various possible city of Ann Arbor and Washtenaw County code violations occurring at the home. The possible violations included operating a restaurant in a residential area without licensing and inspection. Those issues were resolved at the time to the satisfaction of city and county officials, but complaints have since re-emerged.

Specifically, the city’s planning staff have communicated with Gottlieb and local attorney Nick Roumel – a Selma volunteer and occasional chef – about complaints that the city has received. That culminated in a letter sent to Gottlieb on April 3 from planning manager Wendy Rampson. [.pdf of Rampson's letter] The letter references a discussion held with Gottlieb on March 11 that had raised the same issues that are outlined in the letter.

The letter states that home occupations are allowed in residential areas, but with certain restrictions. The city defines a home occupation in this way: “an accessory use of a nonresidential nature which is performed within a dwelling or within an accessory building, and conducted by members of the family residing in the dwelling and not more than one additional employee.”

The city contends that the operations of Selma Cafe – the weekly breakfasts as well as other activities that have been held there, including a happy hour and concerts – have violated Chapter 55 of the city code, in the section related to “use regulations” for home occupations. The relevant part of the code states:

(c) Home occupation, subject to the following performance standards:

1. Total floor area devoted to the home occupation in the principal or accessory building shall not exceed 25% of the gross floor area of the dwelling.
2. Outside appearance of premises shall have no visible evidence of the conduct of a home occupation.
3. No outdoor display of goods or outside storage of equipment or materials used in the home occupation shall be permitted.
4. No article or service shall be sold or offered for sale on the premises except those which are produced by such home occupation on the premises.
5. The nature of the home occupation shall not generate more than 10 business-related vehicle trips in any 1 day in the vicinity of the home occupation, and any need for parking generated by the conduct of such home occupation shall be provided offstreet in accordance with the offstreet parking requirements.
6. No equipment or process shall be used in such home occupation which creates noise, dust, vibration, glare, fumes, odors or electrical interference detectable to the normal senses beyond the property boundary.
7. The following are typical examples of uses which often can be conducted within the limits of these restrictions and thereby qualify as home occupations. Uses which may qualify as “home occupations” are not limited to those named in this paragraph (nor does the listing of a use in this paragraph automatically qualify it as a home occupation); accountant, architect, artist, author, consultant, dressmaking, individual stringed instrument instruction, individual tutoring, millinery, preserving and home cooking.
8. The following uses are not permitted as home occupations if conducted as a person’s principal occupation and the person’s dwelling is used as the principal place of business: vehicle repair or painting, dental office and medical office.

Selma Cafe violates the city’s Chapter 55 zoning code in three ways, according to Rampson: (1) more people are involved in the operation than are allowed under city code; (2) more than the permitted 10 vehicle trips per day are generated; and (3) the need for parking is not being met.

Rampson’s letter states:

To resolve this violation, you may discontinue your home occupation or make changes to bring it into compliance with the performance standards, which would substantially reduce the scale of the activity. Another way you may resolve the violation is to relocate these events to an appropriately-zoned location that allows for assembly use and/or a commercial kitchen.

I am in receipt of a letter from your attorney, Nicholas Roumel, and appreciate your interest in reducing the impact of SELMA Cafe’s activities on your neighbors. However, none of the methods suggested by Mr. Roumel to address the traffic and parking problem would bring the current operation into compliance with the ordinance, because traffic and parking is still being generated by the use, albeit in a more dispersed manner. I’d like to emphasize that the City has received numerous complaints from a variety of sources, including neighbors and parents of Eberwhite students, all of whom are concerned about the concentrated traffic and parking issues that result from SELMA Cafe’s operation.

Rampson asked for a response by Monday, April 15 that provides a schedule for discontinuing Selma Cafe or any other activity that doesn’t comply with the city’s home occupation standards.

In a phone interview with The Chronicle, Gottlieb said she plans to hand-deliver her response to Rampson on Monday.

Lisa Gottlieb, co-founder of the Selma Cafe, at the Nov. 10, 2010 meeting of the Ann Arbor greenbelt advisory commission. (Chronicle file photo)

Gottlieb said she first heard about these complaints in early March, though she wasn’t contacted directly by the neighbors. She characterized them as a handful of people who were primarily upset about the traffic, parking and congestion, as well as with a happy hour that was held as a fundraiser for the nonprofit Growing Hope. She said she immediately stopped all activities at her home – other than Selma Cafe – as soon as she heard about the neighbors’ concerns. Those events had included the happy hour, yoga sessions, some concerts by local musicians, and a Balkan dance party.

Gottlieb said the changes to parking – urging people who attend Selma to park outside of the immediate neighborhood – has eliminated that problem. Based on exchanges on the neighborhood’s listserv, she said, the general view is that issues stemming from parking, traffic and congestion at Selma are resolved. And since the Selma traffic and parking problem has been eliminated, she said, it’s now clear that the neighborhood has a serious problem with parents speeding through the streets on their way to drop off or pick up children at Eberwhite Elementary. Regardless of what happens with Selma, Gottlieb said she plans to work on addressing that problem.

Regarding the other issues cited by the city, Gottlieb indicated that she and Roumel disagree with the city staff about interpreting the code. For example, she said, Selma Cafe isn’t a home business, so the “not more than one additional employee” standard doesn’t really apply, since everyone there is a volunteer – including her.

Gottlieb likened the current situation to one that involved concerns raised by Washtenaw County public health officials a few years ago. Selma Cafe is unique and new, she said, and doesn’t necessarily fit within the strict understanding of existing regulations. Whenever something new like this emerges, she said, “it often meets with resistance.”

Because of its uniqueness, she said, there aren’t a lot of places that can accommodate the weekly event. She’s actively looking for another place, and is pursuing two possible alternative locations. She hopes to continue conducting Selma Cafe at her home in the meantime, but she’s not sure how things will play out and it’s unclear whether the breakfasts can continue there.

When asked whether she intends to advocate for changes in zoning so that this kind of event would be allowed, Gottlieb said she didn’t see that as her role, and that she didn’t have the energy to spare for such an effort. However, she said, the idea of changing the zoning is “worth a really thoughtful conversation” with city officials.

Responding to a query from The Chronicle, Rampson indicated that until she receives Gottlieb’s response, it’s premature to speculate on any further actions the city might take.

Relationship with FSEP

Separately, the board of the nonprofit Food System Economic Partnership (FSEP) has decided to terminate its relationship with Repasts Present & Future [Repasts/Selma] – the umbrella organization that operates Selma Cafe.

The original fiscal sponsor was Slow Food Huron Valley, a nonprofit that focuses on supporting local farmers and food artisans “who engage in sustainable agriculture and are committed to the viability of the land,” according to the SFHV website.

SFHV, a volunteer organization, got formally involved as a fiscal sponsor of Selma Cafe in 2009. SFHV’s participation was a way to address concerns raised by Washtenaw County public health officials that Selma Cafe was operating as a “food service establishment” but not complying with the 2005 U.S. Food & Drug Administration’s food code. Among other things, the code prohibits serving food to the public out of a home. The county had determined that if Repasts/Selma were a 501(c)3 nonprofit – or were affiliated with a nonprofit – then that would give them exemption from the definition of “food service establishment.”

As part of that sponsorship, Gottlieb joined SFHV’s leadership team and served as the nonprofit’s secretary. But the relationship lasted only about two years before SFHV transferred the sponsorship to FSEP in 2011. [Kim Bayer of SFHV is also on FSEP's board.] At that time, the bank balance was $12,799, according to documents related to the transfer. Those documents also indicated that in 2009 and 2010, Repasts/Selma had made loans to nine local farmers totaling about $62,800. The purpose of the loans – which ranged from $5,100 to $9,647 – was to build hoop houses. [.pdf of 2011 assets and liabilities]

Gottlieb said that SFHV had wanted more involvement with Selma Cafe than was realistic, including an expectation that Gottlieb would invest more of her own time attending SFHV leadership meetings. Given her full-time job and work organizing Selma Cafe, Gottlieb said it wasn’t possible to make more of a time commitment to SFHV. Gottlieb is a social worker for the Washtenaw County juvenile detention program.

From left: Jennifer Fike, finance manager of the Huron River Watershed Council, and Ginny Trocchio, who manages the city of Ann Arbor’s greenbelt and parkland acquisition programs. Trocchio also serves as chair of the board for the Food System Economic Partnership. Fike is FSEP’s former executive director. Fike attended the April 4, 2013 meeting of the greenbelt advisory commission, where this photo was taken, because of her interest in being appointed to the commission.

In April of 2011, FSEP took over as fiscal sponsor, with terms laid out in a detailed memorandum of understanding (MOU). [.pdf of April 2011 MOU] In a phone interview with The Chronicle, FSEP board chair Ginny Trocchio said the decision to get involved with Selma Cafe was based on FSEP’s mission – which is to support grassroots efforts related to the local food economy. Selma Cafe was a good fit in that regard, she said. FSEP did not provide financial support to Selma Cafe, but served as the “corporate home” for the group, and handled a range of fiduciary activities. Those activities included maintaining a bank account for Repasts/Selma and reporting Repasts/Selma’s financial information in FSEP’s tax documents.

In the spring of 2012, leaders of FSEP and Repasts/Selma could not come to agreement on terms for renewal of the MOU. Gottlieb told The Chronicle that FSEP wanted to add provisions that would allow FSEP to remove her as operations manager at any point, and that would give FSEP the right to distribute assets in the Repasts/Selma bank account, if the fiscal sponsorship were terminated. Gottlieb said those terms were unacceptable to her, and ultimately were deal-breakers for reaching a new agreement with FSEP.

In a letter dated June 11, 2012, Trocchio gave notice of the intent to terminate the MOU, and outlined a transition period during which Repasts/Selma would need to find an alternative fiscal sponsor or obtain its own 501(c)3 nonprofit status.

Although Repasts/Selma is in the process of seeking a 501(c)3 designation, that designation has not yet been secured.

Trocchio told The Chronicle that over the last few weeks, FSEP’s board became aware of certain issues – including the city’s notification of zoning violations – which prompted the board vote to end its fiscal sponsorship. FSEP notified Gottlieb in late March about its decision, and has given Repasts/Selma until May 31 to find another fiscal sponsor. Assets in the Repasts/Selma bank account – over $40,000, according to Trocchio – will not be released to Repasts/Selma until another fiscal sponsor is identified or until nonprofit status is secured. At that point, the assets will be transferred to the new fiscal sponsor, Trocchio said.

On Friday, March 29, FSEP posted this statement on its website:

By decision of the board of directors, as of March 27, 2013 the Food System Economic Partnership (FSEP) will no longer be acting as a non-profit fiscal sponsor for SELMA Café. Unfortunately, significant violations of the terms of our memorandum of understanding have made this termination necessary.

In addition, the scope of SELMA Cafe’s activities and programs have expanded beyond the original intent of the agreement, such that the two organizations’ missions are no longer closely aligned.

Dissolving the relationship between FSEP and SELMA Cafe will make it possible for both organizations to pursue their own programming independently, as each evolves and implements their core missions.

In accordance with our memorandum of understanding, FSEP will transfer the SELMA charitable donations to another accredited non-profit organization once it has been identified by SELMA Café and we wish SELMA well in obtaining their own 501(c)3 in the future.

Gottlieb said that she and Roumel have started the process of obtaining 501(c)3 status for Selma Cafe. That process included forming a board of directors. Co-founder Jeff McCabe, though no longer involved in day-to-day operations at Selma, serves as a board member. The group also now has an EIN (employer identification number) from the U.S. Internal Revenue Service, but has not yet received approval for the 501(c)3. The process has taken longer than anticipated, she said.

Meanwhile, they are looking for another nonprofit that would act as a fiscal sponsor. Gottlieb said there is one nonprofit that might be willing to act in that capacity, but no agreement has been reached yet, although she said it “looks promising.”

Regarding the MOU violations mentioned by FSEP as the reason for terminating its agreement with Repasts/Selma, Gottlieb said that as part of the process of creating the new 501(c)3 for Selma, she and Roumel had set up a separate bank account for the operation. She’d been advised by Roumel that she could transfer funds from the FSEP account to the new account, and did so without first informing FSEP. At that point FSEP froze the remaining assets in the account, she said, without informing her.

Gottlieb said she now realizes that her transfer of funds without informing FSEP violated the MOU, but “the fact is they wanted to be done with us,” she said. Since the assets have been frozen, she said she hasn’t been reimbursed for the $600-$700 that she has expended from her personal checking account each week to pay for Selma-related expenses.

She noted that the May 31 deadline is the point at which FSEP could take the Repasts/Selma assets permanently, under terms of the MOU:

If no Successor is found, after a time deemed reasonable to accomplish these tasks, FSEP may allocate RPF’s assets and liabilities in any manner consistent with applicable tax and charitable trust laws and other obligations.

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Lisa Gottlieb, organizer of the Selma Cafe, made a presentation with her husband, Jeff McCabe, at the Nov. 10 meeting of the Ann Arbor greenbelt advisory commission. (Photos by the writer.)

Noting that this was the second time they’d looked at the issue, GAC chair Jennifer S. Hall suggested exploring other ways that the greenbelt program might achieve the same result, but that wouldn’t involve regularly moving the program’s fixed boundary.

Another theme of the meeting was local food. Two local food advocates – Lisa Gottlieb and Jeff McCabe – gave a presentation about their work raising money to fund construction of hoop houses at local farms. Gottlieb and McCabe host the weekly Selma Cafe, a breakfast gathering every Friday morning at their home that regularly draws more than 120 people. Commissioner Dan Ezekiel praised their work, and GAC chair Jennifer S. Hall expressed the hope that they could find ways to work together in the future.

Also during Wednesday’s meeting, commissioners voted to recommend an agreement with Webster Township, which is offering to contribute $50,000 to the purchase of development rights for the 146-acre Whitney farm. The city council has already agreed to pay $707,122 toward that purchase.

Greenbelt program manager Ginny Trocchio reported that the city has closed on the 51-acre Gould property, adjacent to the recently protected 286-acre Braun farm – both farms are located in Ann Arbor Township. The Braun acquisition bumped the greenbelt program over the 2,000-acre mark, she said – about 2,200 acres are now part of the greenbelt. The Brauns have agreed to open their property for a celebration in the coming months.

In other action, GAC voted unanimously to set public commentary rules in alignment with other city boards and commissions. And Hall noted that two vacancies will be opening up next year on GAC – she encouraged local residents who might be interested in serving on the commission to attend some of their meetings, or talk to their city councilmember about their interest.

The commission also got an update from city treasurer Matt Horning, who was responding to questions that commissioners had raised regarding a drop in investment income on the latest year-end financial statement.

GAC Financial Report: Coda

At the commission’s Sept. 8, 2010 meeting, Kelli Martin, financial manager for the city’s community services unit, gave an update on the greenbelt program’s unaudited financials for FY 2010, from July 1, 2009 through June 30, 2010. Some commissioners questioned a sharp drop in investment income – from $815,261 last year to $130,011 in FY 2010 – and Martin agreed to ask the city treasurer, Matt Horning, to give a more detailed explanation of that decrease.

At Wednesday’s meeting, Horning began by giving a description of how the greenbelt monies are handled within the city budget. There are two funds: Fund 24, which includes revenue generated by the Open Space and Parkland Preservation millage; and Fund 29, which was set up for bond proceeds. [In FY 2006, the city took out a $20 million bond that’s being paid back with revenue from the millage. At the end of FY 2010, the remainder of the bond monies was $2.952 million.]

The bond proceeds (Fund 29) were invested separately from the city’s general operating portfolio, which pools money from various city sources to make investments. Separate investment decisions were made for the bond proceeds based on projected cash flow needs, Horning said, knowing that the city would be using the money for greenbelt purchases. There was a certain amount of guessing involved, he said, though they had targets for how much they thought they’d need for greenbelt acquisitions, and when those deals might flow. Every greenbelt purchase to date has been paid for out of the bond proceeds.

As the city has made greenbelt acquisitions, the bond fund has decreased, Horning said, so that by now, it’s approaching zero. [This includes purchases that have been earmarked from the $2.952 million, but not yet spent.] The intent is to merge the two funds, and close Fund 29. He noted that some confusion might have stemmed from the fact that the financial report given to commissioners consolidated the two funds, for reporting purposes.

When the two funds merge, Horning expects there will be $17.6 million in the combined fund balance. Additionally, he said there will likely be between $2 million to $4 million annually in excess revenue from ongoing millage proceeds available for the greenbelt program, after debt service payments are made.

Regarding concerns over investment income, Horning said the good news is the amount reported to GAC in September was an unaudited figure – the final number will be much higher, at about $492,000. To explain the difference, Horning said that at the end of the year, the city does a reclassification entry, required by the Government Accounting Standards Board (GASB). This mark-to-market accounting requires that the city record the actual market value of its investments at the end of the fiscal year – that is, what the value of their investments would be, if liquidated. If it’s worth greater or less than the book value of the investments, you have to record that difference, Horning said.

At the end of the last fiscal year – on June 30, 2010 – the city made a mark-to-market entry of about $362,000 for greenbelt investment income. That figure isn’t reflected in the financial statement that had been presented to the commission, Horning said. So the total investment income is actually about $492,000, he said.

Responding to a request for additional detail, Horning explained that on June 30 of this year, the fair market value of the city’s investments – its mark-to-market – was much higher than the book value, which is based on the investments’ original price. So on June 30, they recorded a large mark-to-market gain, Horning said, then closed the books on that fiscal year and prepared their financial statements. The next day, however, they made a reverse entry, he said. So the end-of-year snapshot showing a gain is almost immediately recorded as a loss for the start of the new fiscal year.

Horning said this accounting method, which is required by GASB, skews the financial statements when you look at them on an annual year-end basis. He described it as an accounting requirement, not a reflection of actual gain or loss.

Jennifer S. Hall said that Martin had indicated the investments for bond proceeds had performed better than the city’s general investment portfolio – was that the case? she asked. Yes, Horning said. He attributed the better return to the timing of their purchases of securities for Fund 29, which he said were able to achieve a higher rate of return than the general portfolio.

The current rate for the general portfolio is about 2.12%, and is projected to yield 1.57% in FY 2012. “Hopefully, I’m wrong,” he joked. “Hopefully it’s higher.”

Ezekiel asked what kinds of securities the city invests in. Horning said decisions are guided by the city’s investment policy and limited by state law – Public Act 20 – which describes the types of investments that government entities can make. Currently, the city’s portfolio is invested in the following percentages: 65% U.S. instrumentalities, 30% U.S. treasuries, 5% cash, in the form of repurchase agreements that Horning described as overnight investments collateralized by bonds.

Hall thanked Horning for coming, saying they now had a better understanding of how investments are handled.

Selma Cafe

Lisa Gottlieb and Jeff McCabe – hosts of FridayMornings@Selma, also known as the Selma Cafe – gave a presentation about their efforts to support the local food economy.

Gottlieb began by giving some background on the breakfast salon, which they hold each Friday in their home from 6:30-10 a.m., bringing together different volunteer chefs each week and using locally sourced food. The event, which regularly draws between 120-150 people, raises money for building hoop houses at farms in this region.

The effort started when they hosted a fundraising dinner for the nonprofit Growing Hope more than two years ago, Gottlieb said. But the tickets were high priced – even out of reach for them, she said – so they decided to hold something more informal. They hosted a breakfast for the filmmaker Chris Bedford, and called it Diner for a Day. The event drew about 160 people, and generated excitement for coming together to support the local food economy, she said.

They decided to keep it going as long as there were volunteers to support it, Gottlieb said. They now have about 500 people in their volunteer pool. They’ve served thousands of meals made by dozens of chefs – from some who own “fancy” restaurants to people who simply love to cook. They’ve raised about $120,000, she said. About $40,000 of that has gone back into the economy by purchasing local food and supplies. The remainder is being used for microloans to build hoop houses for local farms. To be eligible, farmers need to grow food to be sold locally at a reasonable price.

Next year’s goal is to build 20 hoop houses in 20 days, and they’re working to raise funds for that. The Farmer Fund was created for that purpose.

McCabe told commissioners that they are trying to plug into the goals of 10% Washtenaw – a campaign to ensure that 10% of the $1 billion that’s spent in this county on food each year is sourced locally. [See Chronicle coverage: "Column: The 10% Local Food Challenge"]

There are two main challenges to achieving that goal, McCabe said – finance, and four seasons. The Farmer Fund addresses this in two ways. Their microloan program will provide funds at a 2% interest rate, he said – he noted that a lot of farmers can’t walk into the bank and get financing. And by funding hoop houses, they’re providing a way for farmers to extend the growing season in this climate. By using volunteers to build the hoop houses, they’re also developing a skilled workforce, he said.

McCabe said he hoped that they could find ways to work with the greenbelt commission, and they are looking at next steps. He cited the example of the PCC Farmland Trust, a nonprofit created by the Seattle food coop PCC Natural Markets, as one model.

Selma Cafe: Commissioner Questions

Dan Ezekiel said he’d enjoyed several breakfasts at Selma Cafe, saying “your efforts and your activism are amazing.” He asked what their definition was of local food. It’s an issue that’s been tying the commission up in knots, he said.

Gottlieb said they first look for sources within Washtenaw County, or around the edges of the county. For things that aren’t grown locally – like tea and coffee – they buy from small local businesses and people who live and work in this community, she said, including the People’s Food Coop. McCabe added that sustainability is another factor. Sugar is one example, he said – do you buy Michigan GMO (genetically modified organism) sugar, or non-GMO sugar that’s non-local. It’s a difficult choice, he said.

McCabe said that for him, the slogan “Know Your Farmer” was a good one. The idea is to have a personal relationship with the people that provide your food.

Gottlieb said she was interested in opening up the definition of local food. She noted that they’d held a fundraiser the previous night featuring Michigan wines – the Mitten WineFest, hosted by wine expert Joel Goldberg. [Goldberg also writes a monthly wine column for The Chronicle.] Wine is an agricultural product too, she noted.

When asked by McCabe if his question had been answered, Ezekiel said that McCabe’s response doesn’t make the commission’s dilemma go away. GAC’s job is to advise the city council about how to spend taxpayer money, and that can’t be based on relationships – quite the opposite, he said.

In addition to geographical constraints of the greenbelt boundary, Ezekiel said they also struggled with the definition of locally grown food. Does it mean food that’s intended for local consumers, or just food that’s grown here, regardless of where it’s sold? For example, if a farmer grows sunflower seeds and some of it ends up as birdseed mix that’s sold locally, does that count as local food?

There are many nuances, McCabe said. For him, farms that grow corn and soybeans don’t contribute to the local economy, and might actually work against the local food system. He’d like to see an emphasis on food grown for local consumers.

Carsten Hohnke asked about the loan program – when loans are repaid, will the money go back out in new loans, creating an “evergreen” fund? Yes, that’s the plan. McCabe said they wanted to create something that wasn’t simply handing out money, and that could be a model to use as the dollar amounts grow.

Ezekiel asked for more information about the project to build 20 hoop houses in 20 days. McCabe said part of the impetus was that he didn’t want to give up 20 Saturdays next year, so they were aiming to consolidate their efforts into a shorter period. They also wanted to do a 20-day blitz to take advantage of student volunteers, and to get the work done between the time that farmers were planting and harvesting. Gottlieb added that the model harkens back to the time when farmers would help each other out for major projects on their farms.

Jennifer S. Hall wrapped up the discussion by acknowledging that these were difficult issues. She said when she first became involved in the greenbelt project, she’d been shocked to discover how many vendors at the farmers market came from outside of the greenbelt boundary. She said she hoped they could find areas of overlap to work with Gottlieb and McCabe, and to continue this discussion.

McCabe noted that the U.S. Dept. of Agriculture maintains a local food index, sorted by county. Right now, Washtenaw County has one of the worst local food index numbers in Michigan, he said, reflecting how most of the food consumed here comes from outside of the county. We have the opportunity to be one of the strongest, he said.

Subcommittee Formed to Study Greenbelt Boundary

At Wednesday’s meeting, GAC vice chair Dan Ezekiel proposed forming a subcommittee to examine possible expansion of the greenbelt’s boundary. [.pdf map of existing greenbelt district]

By way of background, in August 2007 the Ann Arbor city council expanded the greenbelt’s boundaries for the first time since the Open Space and Parkland Preservation millage passed in 2003. A summary of the ordinance for that expansion reads as follows:

Ordinance No. 26-07 amends Section 3:62(13) of Chapter 42, Open Space and Parkland Preservation of the City Code enlarging the boundaries of the Greenbelt District one mile to the west in both Webster and Scio Townships, one mile to the south in Pittsfield Township and one mile to the east in Superior Township and incorporates a new map of the boundaries, as revised, as part of Chapter 42.

Dan Ezekiel, left, talks with Carsten Hohnke before the start of the Nov. 10 greenbelt advisory commission. Ezekiel is GAC's vice chair; Hohnke is a GAC member who also serves on city council.

On Wednesday, Ezekiel explained that the original boundaries created a “nice, neat square.” As the commission started to develop a strategic plan, it became clear that some tweaks were needed, to take advantage of opportunities they had to protect land outside of those boundaries.

Similar reasons are driving the desire to again examine the boundaries, he said. As an example, Ezekiel cited two farm properties in Salem Township, owned by the same people and separated by a road. The owners wanted to sell development rights for both properties, but only one is inside the greenbelt.

He noted that several important properties that are now part of the greenbelt – including the Nixon and Smyth farms, which are helping to form a 1,000-acre block of protected land in Webster Township, as well as the Biltmore farm in Superior Township – lie outside of the original greenbelt boundary.

Another example can be found in Lodi Township, Ezekiel said. Until recently, there was little activity there related to the greenbelt. But that’s changed, and greenbelt properties now include the Girbach/Frederick farm, which will be put back into active farming.

Things have changed politically and economically over the years, he noted, and it’s worth another look at the boundaries.

Gil Omenn asked whether the subcommittee would simply look at the fixed boundaries, or whether they’d consider new criteria as well. He observed that no matter where you set the boundaries, there will always be exceptions that fall outside of those lines.

Ezekiel said he’s given that a lot of thought, and has talked to Peg Kohring of The Conservation Fund, which has a contract with the city to manage the greenbelt program. Kohring has a lot of creative ideas that they can consider, he said.

Omenn also asked Carsten Hohnke, a GAC member who represents Ward 5 on city council, whether Hohnke had any sense of council’s sentiment on this issue. Hohnke said he didn’t – other than the council would be open to investigating it. They’d probably want to know what properties have potential to join the greenbelt both inside and outside of the current district.

Jennifer S. Hall said she supported forming a subcommittee to discuss the issue, but she has some concerns. When they changed the boundary last time, her concern was that they were diluting the impact that the greenbelt had on Ann Arbor – proximity had been a selling point of the millage campaign. It was a large political change, she said. One proposal that didn’t get support in 2007 was a suggestion to leave the boundary in place, but to give them the option of going outside the boundary, if necessary. People wanted a fixed line, she said, and now they’re in the same position again. Rather than move the boundary every few years, they need to come up with a more permanent way to deal with this issue, she said.

Ezekiel said he took her concerns seriously, and they aligned with what Omenn had mentioned. They could look at language that would be more flexible and achieve the same goals. The last time they examined the boundary, Bob Johnson was a GAC member and on city council. At the time, Ezekiel said, it had been important to come up with something that would receive support on council.

Outcome: The commission unanimously agreed to form a subcommittee to examine whether to change the greenbelt boundaries, led by Dan Ezekiel. Any recommendation would then be considered by GAC, and ultimately the city council.

Agreement with Webster Township: Whitney Farm

The commission briefly discussed a resolution to accept a partnership agreement with Webster Township, which has agreed to contribute $50,000 toward the purchase of development rights for the 146-acre Whitney farm, located along Webster Church and Farrell roads. In July 2010, the Ann Arbor city council voted unanimously to pay $707,122 toward the purchase. The total cost is $1,125,592 – the federal Natural Resources Conservation Service is contributing $418,470 in matching funds.

Ginny Trocchio of The Conservation Fund, which manages the greenbelt program, told commissioners that they planned to take the resolution to city council in December, and hoped to close on the property by year’s end.

GAC chair Jennifer S. Hall thanked Webster Township officials for their contribution.

Outcome: The commission unanimously agreed to recommend that city council enter into a partnership agreement with Webster Township.

Greenbelt Update: Gould, Braun Farms

During her staff report, Ginny Trocchio noted that the city had now closed on the 51-acre Gould property, adjacent to the recently protected 286-acre Braun farm – both properties are located in Ann Arbor Township, which has its own land preservation millage. [For background, see Chronicle coverage: "Greenbelt Supports Ann Arbor Twp. Deals"] That brings the total greenbelt-protected land to about 2,200 acres, she said.

The Brauns have agreed to open their property for some sort of community celebration, Trocchio said. It is a significant property, she noted, because it pushed the total of greenbelt land over the 2,000-acre mark. Details are still being worked out for an event.

The city paid $1,412,417 of the total $3,878,583 purchase of development rights for the Braun farm, plus an additional $82,500 in due diligence, closing and monitoring costs. Ann Arbor Township contributed $1,412,416. The city also received a federal grant of $1,053,750 through the USDA Farm and Ranchland Protection Program (FRPP). For the Gould property, the total $669,833 purchase price included $238,667 from the city of Ann Arbor, $238,666 from Ann Arbor Township and $192,500 from an FRPP grant. In addition, the city paid $51,500 in due diligence, closing and monitoring costs.

Later in the meeting, the commission held a brief closed session and emerged to vote on another Ann Arbor Township property. They unanimously approved a resolution recommending that the city council accept 50% of the due diligence costs associated with the property. [The identity of the property and its owners are withheld until council approval.] Describing it as a great project, Dan Ezekiel noted that the township has taken the lead on this deal, which has been in the works since 2007.

Public Commentary Rules, GAC Term Limits

Jennifer S. Hall, the commission’s chair, introduced a resolution to set rules for public commentary. She noted that other boards and commissions have similar rules, but GAC did not. The proposal called for a five-minute limit per speaker, with a limit of four speakers at the meeting’s first opportunity for public commentary, and a requirement that they speak on issues related to agenda items. For the final public commentary time, there would be no topic requirement or limit to the number of speakers.

Catherine Riseng asked whether these rules would also apply to public hearings. Hall said that GAC had never held a public hearing, but that those were, by their nature, limited to a specific topic. She noted that the commission could waive these rules by a vote at any time.

Outcome: Public commentary rules were unanimously approved.

Later in the meeting, Hall noted that GAC members are limited to two, three-year terms. She and Gil Omenn will be ending their service at the end of June, leaving two vacancies on the commission as of July 2011. She encouraged anyone who might be interested to attend some GAC meetings and talk to their city council representative.

For most city boards and commissions, the mayor is responsible for nominating members, and those nominations are voted on by city council. However, GAC and the environmental commission differ in this respect – for those bodies, nominations are made by city councilmembers.

Misc. Items: NAPP Renewal, “Dirt Road Washtenaw”

During Wednesday’s meeting, commissioners and staff mentioned several items connected to land preservation issues and other related topics.

Dan Ezekiel highlighted the fact that on Nov. 2, voters had approved a 10-year renewal of the Washtenaw County natural areas preservation program (NAPP) by a “generous margin.” [The vote was 57.4% approval.] He noted that the outcome was wonderful, especially given that it’s hard to vote yes on a millage during these difficult economic times. He also observed that the county had tweaked the language related to NAPP funding so that farmland is eligible – that means the county might be able to partner more with the greenbelt in the future, he said. [See Chronicle coverage: "Washtenaw Natural Areas Tweaked for Ballot"]

In another election-related note, Gil Omenn reported that during governor-elect Rick Snyder’s acceptance speech, he’d stated that protecting and creating jobs was his No. 1 priority, but that his No. 2 priority was protecting the state’s quality of life and the environment. That’s “highly congruent with our priorities here,” Omenn said.

Book cover for "Dirt Road Washtenaw" by Rob Pulcipher.

Jennifer S. Hall called attention to a new book by Ann Arbor author Rob Pulcipher: “Dirt Road Washtenaw.” The book is a guide to cycling the county’s back roads, and Hall said that some of the land protected by the greenbelt is noted in the book. She also observed that an interview with GAC vice chair Dan Ezekiel is included in the book – along with a photo of Ezekiel’s bike. “Dirt Road” can be purchased online or at several local stores, including Nicola’s Books, Downtown Home & Garden and the downtown Ann Arbor Borders.

Present: Tom Bloomer, Dan Ezekiel, Jennifer S. Hall, Carsten Hohnke, Gil Omenn, Catherine Riseng

Absent: Peter Allen, Mike Garfield, Laura Rubin

Next meeting: Wednesday, Dec. 8, 2010 at 4:30 p.m. at the Washtenaw County Board of Commissioners boardroom, 220 N. Main, Ann Arbor. [confirm date]

Correspondence sent to the Ann Arbor City Clerk gets stamped and filed as a official communication on the city's website.

As we’ve reported previously here at The Chronicle, one of the cost-saving measures that’s been proposed in connection with the city’s budget for fiscal year 2010 is to eliminate publication of the city council agenda in the local newspaper. The move would save $15,000 per year. I imagine there are some citizens who rely on the newspaper publication of the council agenda to stay informed on civic matters, but would speculate that it’s not many – probably not enough to lobby successfully for its continued publication in the twice-weekly print edition of AnnArbor.com, which is to replace The Ann Arbor News.

One advantage of the city’s online publication of the council agenda is that it includes as attachments all the communications to the city clerk, whether they’re from boards and commission within the city, neighborhood associations, private citizens, or even anonymous sources.

Part of  my preparation to cover council meetings is to skim through those communications. For the May 4 meeting next Monday, the following item caught my eye: Illegal Restaurant & Chickens.

The letter outlines a variety of potential code violations associated with the Selma Cafe, located on Soule Stret, which is a residential property owned by Jeff McCabe and Lisa Gottlieb. Here’s partly how they describe the Selma Cafe:

a hub, a center, a heart of the many ongoing efforts to improve our lives through community building and free access to affordable, healthy foods and efforts to foster right-livelihood in vocations with meaning and purpose

The Selma Cafe serves breakfast on Friday mornings, made with ingredients that are locally grown and sourced, and prepared by chefs from local area restaurants on a rotating basis. There’s a suggested donation of $10-15 for the meal. A recent breakfast drew 123 people over the course of the  period from 6:30–10 a.m.

I’ve opted  to write this piece as a column, in the first person, categorized as “opinion,” because on April 10, my wife, Mary, and I ate breakfast at the Selma Cafe when Max Sussman was the rotating chef. Even though it’s not my main intent here to argue a position or express a particular opinion, I think it’s a clearer way to indicate to readers what my perspective is. For one thing, it helps explain why the “illegal restaurant & chickens” communication label in the list of attachments on the council agenda caught my eye – when it might not have caught someone else’s eye.

On the morning when we ate Max’s mushroom crepes and hippie hash, the chickens kept on the property were in a pen on the side of the house. One of them had ambitions to escape but was quickly thwarted.

The chickens are identified in the anonymous letter as constituting a violation of the city’s relatively new backyard chicken ordinance, because they’re also allowed into a pen in front of the house. McCabe and Gottlieb don’t currently have a backyard chicken permit, as required under the ordinance.

The letter addressed to the city clerk, as well as to the county health department and the principal of Eberwhite Elementary (located one house away from McCabe and Gottlieb’s home), was submitted anonymously “due to potential retribution for whistle blowing.”

So what’s the city doing about it? When there’s an apparent open flouting of its ordinances (as with front-yard chickens), it’s the job of city staff to take appropriate action. I wondered what action the city might have undertaken, because I think  it’s hard to argue that an appropriate action would be to ignore it.

So yesterday, I inquired with the city via email and the question was passed along to Kristen Larcom, senior assistant city attorney, who wrote back: “The City has taken action by requesting the owners to comply with City ordinances.” Later in the day – by pure chance – I ran into city attorney Stephen Postema, and asked him if he was tracking the situation. He confirmed that his office was working with McCabe and Gottlieb to help get them into compliance with the chicken ordinance, and that McCabe and Gottlieb had been cooperative in that effort.

I would note that some time has now elapsed in the time since McCabe described in a blog post how he had not intended to apply for a chicken permit. In an email sent yesterday, Gottlieb confirmed that they were applying for a permit in order to comply with the ordinance and that they’d moved the hens from the front yard into the back yard.

As for the contention in the letter that the Selma Cafe is, in fact, a restaurant subject to all appropriate licensing requirements, I have not yet been able to learn anything definitive about what the criteria are that would make it a restaurant. If I invite 10 friends over for dinner one time, I’m certain I haven’t created a restaurant. If I invite them over every Friday night, I’m still almost certain that’s not a restaurant. If those 10 friends start giving me a few $20 bills to help defray my costs, I’d argue that it’s not a restaurant, because I’m not requiring them to pay for the meal – it’s something they do because they want to. What if I now expand the offer to any friend of those 10 friends or anybody who wants to eat the meal? I don’t know.

If I were to call the event “Dave’s Diner,” it would probably not help me make my case that it’s not a restaurant. But surely the difference between “Dave’s Diner” and “Dave’s Dinner Club” is not the crucial one that defines it as a restaurant.

In any case, I would weigh in for the same kind of approach to the restaurant question as seems to have been taken for the chicken question. Namely, you don’t begin by issuing fines, citations and tickets, but rather with working with citizens to figure out what needs to be done – if anything – to adapt their current practice to conform to code.

Previous mentions in The Chronicle of the Selma Cafe:

• April 10
• March 29
• March 8