UPDATE: City Says They Can't Step in on Goodwill Issue

As Goodwill Industries awaits concerning their efforts to bring a retail store into west downtown, residents have asked: Why can't the city council step in and settle the issue?

"Someone needs to ask a council member to speak up and bring it to them for a vote," commented Colette Richards on the Dearborn Patch Facebook page. "It's time to over step the commission!"

But according to Council President Tom Tafelski, it's not within council or Mayor Jack O'Reilly's bounds to challenge the issue, especially given that commissions are intended to operate as bodies independent of the influence of city officials.

Goodwill Industries of Metro Detroit has come before the City Plan Commission twice requesting a special land use required by city ordinance to open what qualifies as a "second hand store."

In January, their after the commission–short four members due to absences and vacant seats–couldn't reach the necessary five votes to turn the request down, or approve it.

Similarly, on Feb. 13, the commission with four votes in favor and four against–with one member absent.

But because Goodwill is requesting a "land use variance" for the proposed site of their store, Tafelski explained that the issue will never come before council for a vote, whether it passes or fails the City Plan Commission.

"Council will not see it in any way, shape, or form," Tafelski said.

However, Mayor O'Reilly said Thursday that he has asked the city's Legal Department to speak with commissioners–not only to remind them of their roles, but to ensure as much as possible that all nine commissioners will attend the March meeting in an effort to bring the Goodwill issue to a close, one way or another.

If needed, O'Reilly added, they would consider moving the meeting from its currently scheduled March 13 date.

Ousting Commissioners?

Another method of retaliation mentioned by residents was to get rid of certain members of the City Plan Commission who voted against Goodwill.

Because the commission is comprised of volunteer, appointed members, they cannot be voted out–a move that several people called for in regard to the unsupportive commissioners.

Commissioner Nancy Siwik, in particular, received a fair amount of flack for comments she made at the February commission meeting suggesting that the store would bring unwanted shoppers to Dearborn.

“I’m concerned about the demographics of the people who will be shopping here,” she said, suggesting that the result would be similar to the Salvation Army store in Garden City, where Siwik said "undesirable people" hang out when the store is closed.

The statements caused an uproar among residents.

"Siwik's comment was indeed out of line and I think that she should be removed from the Planning Commission," said resident Donna Hay in a comment on Dearborn Patch.

"Nancy Siwik is an undesirable choice for any governmental role whatsoever," added reader Frank Lee. "She is a horrible representation for the citizens of Dearborn."

Siwik declined a request from Dearborn Patch to elaborate on her comments.

Tafelski explained that under Chapter 6 of the city Code of Ordinances, an appointed office holder–such as a commissioner–could be removed.

But to do so, a hearing would have to be requested in writing by two city council members or 200 residents contending that the official did not fulfill their duties in some way. At that hearing, a majority of council members would have to vote for the removal of that person from office.

According to Tafelski, "there hasn't been that much of an outcry" against any particular City Plan commissioner. And to his knowledge, no council members are planning to request such a hearing.

Goodwill Director of Public Relations and Dearborn resident Mark Lane said that they don't hope to persuade the city to get involved, but urge residents to keep voicing their support of the store.

"We are supportive of residents and business leaders that have stepped up and said they want us," Lane said. "As an organization, we’re looking at other cities and that’s what we’re going to continue to do.

"If it happens in March, it happens."