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FOIA Friday: National Security Archive and sidewalk repair

FOIA Friday is a regular column about using Freedom of Information Act laws to shed light on the activities of government. This week's installment looks at the National Security Archive, a non-profit library at George Washington University that collects declassified information about the workings of the federal government. We'll also delve at least a little bit into the minutiae of how sidewalks get repaired in Ann Arbor.

If you missed the start of this series, the first post is a good introduction.

National Security Archive

The biggest and oldest resource for information liberated from the United States government is the National Security Archive, an independent non-governmental research institute and library located at The George Washington University. The archive collects and publishes declassified documents obtained through the Freedom of Information Act. They describe themselves as repository of "government records on a wide range of topics pertaining to the national security, foreign, intelligence, and economic policies of the U.S."  It won the 1999 George Polk Award, one of U.S. journalism's most prestigious prizes, for — in the words of the citation — "piercing the self-serving veils of government secrecy, guiding journalists in the search for the truth and informing us all."

A recent set of stories that got wide attention in the media resulted from this organization's investigation into the use of loud music in interrogation as a means of torture - including a revelation from 2004 that a Guantanamo detainee was subjected to "a dance version of Eminem played repeatedly again and again".

The National Security Archive's blog, Unredacted, chronicles their day by day efforts at transparency and openness in government. They have also published a guide, Effective FOIA Requesting for Everyone, to guide researchers through the process.

Requests received

This is a very partial list of things we have received that are not yet turned into stories, either because there's more to look for or because what we got back was incomplete enough that we have to go back for more.

Sidewalks: After three weeks of waiting, I got back the sidewalk inspection information request that I had sent in for a stretch of cement on the northwest side of the city. I've read through it - it's only about eight pages - and it poses more questions than it answers. I'm following through with more questions about the property and other interactions between City staff, neighbors, and elected officials. What I do know is that the sidewalk was repaired after the FOIA was sent in, but the FOIA does not mention that repair.

sidewalk-repaired.jpg

Requests in process

We always have FOIA requests in the work queue; here are a few of them that to some work in progress and continuing stories that have been informed by government records.

Willow Run Community Schools: We have requests in to the school system as we follow the state of that district; most recently, an emergency meeting of the Willow Run school board was cancelled which had been called to name an interim superintendent.

Washtenaw County Sheriff's Department: We note with interest that the official form to request records includes a blank field for the requester's driver's license number.

Traffic calming: We're looking forward to getting copies of requests for information about traffic measurements in the neighborhoods around the East Stadium Bridges.

University of Michigan: An upcoming project is to sift through our FOIA responses from the university and figure out why they are systematically more expensive to fulfill than other organizations.

Bridges: With several high profile bridge failures in the news - the Bay Bridge in San Francisco, the Lake Champlain bridge between New York and Vermont - we're collecting some background that will help understand communications at the federal level about bridge funding, maintenance, inspection and repair.

Traffic crash and accident reports: No FOIA is needed to sift through public traffic crash records from Michigan Traffic Crash Facts, which has tools to create maps from traffic events from 2004 to 2008 plus uniformly redacted reports on all accidents.

As always this list is incomplete; look for more information as part of our regular coverage of what is happening around the area.

Edward Vielmetti is Lead Blogger for AnnArbor.com and writes the FOIA Friday column. Like the Mackinac Bridge, he is functionally obsolete but structurally sound.

Your Voice

7 Comments:

Did anything happen with the rental inspections mentioned last week? I did a search and nothing obvious came up.

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Posted Oct 30 2009

"... here are a few of them that to some work in progress and continuing stories that have been informed by government records." confuses me.
Who edits ann arbor.com text? Not meaning to take it all out on this column, but I've reached a limit, and decided to say something. Other notable goofs include the locally renowned error of mistaking Street for Avenue when reporting on 4th or 5th Avenue.

user-pic HPD

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Posted Nov 1 2009

The Sidewalk repair program in Ann Arbor is a Scam ....There is nothing that says homeowners are responsible for replacement of sidewalks. The City cites that home owners are responsible for maintenance of the sidewalk but maintenance is not the same as replacement. The pamphlet the city sends out says it cost $220 per a slab for the city to do the work, while a contractor charges $120 (so why the city dose not just hire a contractor is beyond me). If the city hired a contractor to do a whole neighborhood I would think the price per a slab would be under $100 (cement cost for non driveway slabs are est. $30.00)

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Posted Nov 5 2009

There's a tutorial on "how to repair a sidewalk" here:

http://www.howtodothings.com/home-and-garden/a3969-how-to-repair-a-sidewalk.html

and if you want to get concrete grout to repair your sidewalk by the pallet, here's a manufacturer

http://www.specialtysupply.com/concrete-grout.asp

the right thing to do would be to find a local hardware store that sells something and knows how to use it, that's worth a phone call.

user-pic Edward Vielmetti
AnnArbor.com Staff

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Posted Nov 6 2009

I made the phone call and talked to Mike Kruzel at Stadium Hardware. We talked for a bit about patching sidewalks and he said the product they sell for concrete patch is a vinyl patch, which you should be prepared to reapply every year or two in outdoor applications because of the hard freeze/thaw cycles in Michigan winters. "Part of the price we pay for living up north."

user-pic Edward Vielmetti
AnnArbor.com Staff

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Posted Nov 6 2009

Here's the sidewalk ordinance, in its complete current form, for reference.

Chapter 49 SIDEWALKS

4:51. Definitions.
Unless the context specifically indicates otherwise, the meanings of terms used in this Chapter shall be as follows:
(1) "Sidewalk" shall mean any concrete or bituminous walkway, or walkway of other materials constructed in the public right of way, including walks and ramps leading to a crosswalk, and designed particularly for pedestrian, bicycle, or other non-motorized travel.
(2) "Administrator" shall mean the public services area administrator of the City or his or her designee.
(Ord. No. 46-77, 1-23-78; Ord. No. 85-92, § 1, 12-21-92; Ord. No. 49-01, § 1, 10-15-01; Ord. No. 43-04, § 20, 1-3-05)

4:52. Specifications and permits.
No person shall construct, rebuild or repair any sidewalk except to the width specified by and in accordance with the line, grade, slope and specifications established by the public services area administrator, nor without first obtaining a written permit from the public services area administrator. The fee for such permit shall be $0.06 per square foot up to 275 square feet and a minimum of $6.00; $0.045 per square foot from 275 square feet to 800 square feet and $0.03 per square foot in excess of 800 square feet.
(Ord. No. 27-69, 6-9-69; Ord. No. 46-77, 1-23-78; Ord. No. 48-80, 8-4-80; Ord. No. 43-04, § 20, 1-3-05)

4:53. Line and grade stakes.
The public services area administrator shall furnish line and grade stakes as may be necessary for proper control of the work, but this shall not relieve the owner of the responsibility for making careful and accurate measurements in constructing the work to the lines furnished by the public services area administrator. Where it is necessary to replace engineer's stakes disturbed or destroyed without fault on the part of the city, or its employees, a charge of $2.00 per stake shall be paid.
(Ord. No. 46-77, 1-23-78; Ord. No. 48-80, 8-4-80; Ord. No. 43-04, § 20, 1-3-05)

4:54. Sidewalk specification.
Sidewalks shall be constructed of concrete not less than 4 inches in thickness. Expansion paper shall be placed in all joints. All concrete used in sidewalk construction shall, 28 days after placement, be capable of resisting a pressure of 2,500 pounds per square inch without failure. The public services area administrator may establish additional detailed specifications not inconsistent herewith, and no person shall fail to comply therewith. Every contractor building sidewalks shall stamp at each end of the walk constructed by him, his name and the year in which the said walk was constructed, such stamp to be in a form prescribed by the public services area administrator.
(Ord. No. 46-77, 1-23-78; Ord. No. 43-04, § 20, 1-3-05)

4:55. Permit revocation.
The public services area administrator may issue a stop order to any permittee holding a permit issued under the terms of this chapter for failure to comply with this chapter, or the rules, regulations, plans and specifications established by the public services area for the construction, re-building or repair of any sidewalk, and the issuance of such stop order shall be deemed a suspension of such permit. Such stop order shall be effective until the next regular meeting of the city council, and if confirmed by the council, at its next regular meeting, such stop order shall be permanent, and shall constitute a revocation of the permit.
(Ord. No. 46-77, 1-23-78; Ord. No. 43-04, § 20, 1-3-05)

4:56. Ordering construction.
The city council may, by resolution require the owners of lots and premises to construct, rebuild or repair sidewalks in the public right-of-way adjacent to and abutting upon such lots and premises, and shall specify in said resolution the material to be used for said sidewalks. When any such resolution is adopted, it shall be the duty of the city clerk to cause a notice of the same to be published in a newspaper of general circulation within the city in at least 2 issues thereof and on successive publishing days, directed to the owner or owners of the lots and premises, without naming him or them, in front of and adjacent to which said sidewalk is to be constructed, rebuilt or repaired, requiring such owner or owners to construct, rebuild or repair, as the case may be, such sidewalk as is required by such resolution, within 10 days from the date of the last publication of the notice, unless a different time shall be specified in the resolution of the city council, and, if specified by council, requiring said owner or owners to notify the city by a given date as to whether said improvements will be made by said owner or owners.
(Ord. No. 11-72, 3-20-72)

4:57. Construction by city.
If the owner of any lot or premises shall fail to construct, rebuild or repair any particular sidewalk as described in said notice, and within the time and in the manner required thereby, or, if council has required notification by a given date that the improvements will be made and such notification has not been given, the public services area administrator is hereby authorized and required, immediately after the expiration of the time limited for the construction, rebuilding or repair by the said owner, to cause such sidewalk to be constructed, rebuilt or repaired and the expense thereof shall be charged to such premises and the owner thereof, and collected as a single lot assessment in the manner provided in section 1:292 of this Code.
(Ord. No. 11-72, 3-20-72; Ord. No. 46-77, 1-23-78; Ord. No. 43-04, § 20, 1-3-05)

4:58. Sidewalk maintenance.
All sidewalks within the City shall be kept and maintained in good repair by the owner of the land, adjacent to and abutting upon the same; and if any owner shall neglect to keep and maintain the sidewalk or any walks and ramps leading to a crosswalk along the front, rear, side of the land, owned by her or him, in good repair and safe for the use of the public, the said owner shall be liable to the City for any damages recovered against the City sustained by any person by reason of said sidewalk being unsafe and out of repair.
(Ord. No. 49-01, § 2, 10-15-01)

4:59. Emergency repair.
If the public services area administrator determines that the condition of any sidewalk is such that immediate repair is necessary to protect the public, he/she shall immediately proceed to repair the same without notice to the owner of the land abutting thereon or adjacent thereto. The cost of such emergency repairs shall be charged against the land which said sidewalk adjoins and the owner of said land, and shall be collected as a single lot assessment as provided in section 1:292 of this Code.
(Ord. No. 46-77, 1-23-76; Ord. No. 43-04, § 20, 1-3-05)

4:60. Snow and ice.
All snow and ice which has accumulated prior to 6:00 a.m. on a public sidewalk adjacent to property not zoned residentially shall be removed by the owner or occupant by noon. Immediately after the accumulation of ice on such sidewalk it shall be treated with sand, salt or other substance to prevent it from being slippery and the ice shall be removed within the time limits of this paragraph.
Within 24 hours after the end of each accumulation of snow greater than 1 inch, the owner or occupant of every residentially zoned property shall remove the accumulation from the adjacent public sidewalk and walks and ramps leading to a crosswalk. The accumulation may be from any source including precipitation and drifting. Immediately after the accumulation of ice on such sidewalk, it shall be treated with sand, salt or other substance to prevent it from being slippery and the ice shall be removed within 24 hours after accumulation.
All property zoned PL (public land) shall have snow and ice removed as if it held the same zoning classification as the adjacent property. The removal of snow and ice shall mean free of snow and ice for the entire constructed width and length of the sidewalk, including walks and ramps leading to a crosswalk.
(Ord. No. 5-86, 2-20-86; Ord. No. 77-92, § 1, 12-21-92; Ord. No. 49-01, § 3, 10-15-01)

4:61. Removal by city.
If snow or ice is not removed or treated as required section 4:60, the city may notify the owner or occupant of the violation of section 4:60. This notification may be made in person, by telephone, by mail or by written notice left at the property. If the owner or occupant fails to remove snow or ice within 24 hours of the notification of violation of section 4:60, the city may cause such snow or ice to be removed. The owner (as indicated by the records of the assessor) of the adjacent property shall then be charged the actual cost of the sidewalk clearance, plus an administrative fee of $50.00. If that charge is not paid within 45 days, it may be assessed against the parcel under section 1:292 of this Code.
(Ord. No. 83-70, 10-13-70; Ord. No. 46-77, 1-23-78; Ord. No. 81-81, 12-7-81; Ord. No. 5-86, 2-20-86; Ord. No. 77-92, § 2, 12-21-92)

4:62. Financial hardship.
Upon proof of financial hardship the Administrator may authorize charges under section 4:61 to be paid in installments, to be reduced, or to be cancelled and will be subject to council approval.
(Ord. No. 11-75, 2-10-75; Ord. No. 5-86, 2-20-86)

4:63. Penalty.
The owner (as shown on the assessor's records) of the property with adjacent sidewalks which do not comply with section 4:60, who fails to comply with the notice given in section 4:61, shall be responsible for a civil infraction, which shall be punishable by a civil fine of not less than $100.00 for the first offense, not less than $250.00 and up to $500.00 for the second offense, and not less than $500.00 and up to $1,000.00 for each additional or subsequent offense within a 2-year time period, plus costs and all other remedies available by statute.. The maximum fine for any offense shall not exceed $1,000.00. If the penalty is not paid within 45 days, it may be assessed against the parcel under section 1:292 of this Code.
(Ord. No. 5-86, 2-20-86; Ord. No. 77-92, § 3, 12-21-92; Ord. No. 25-04, § 4, 8-2-04)

user-pic Edward Vielmetti
AnnArbor.com Staff

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Posted Nov 6 2009

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