The items often involve technology licensing agreements or leases. This month, companies involved are Edington Associates LLC, ArborMetrix, Valley View Farms, FlexDex LLC and Diapin Therapeutics LLC.

The brief was filed from the colloquium room at UM’s Stephen M. Ross School of Business, where the regents meeting was held this month. A more detailed report will follow.

Jane Lumm (Ward 2) made air quotes around the word "approaching" as the council discussed the city's ordinance on crosswalks. (Photos by the writer.)

The current ordinance amendment maintains an existing requirement that motorists accommodate not just pedestrians who are “within” a crosswalk, but also those who are verging on entering a crosswalk. What’s different is the way the concept is expressed. In July 2010, the council chose to describe pedestrians who are about to enter a crosswalk as “approaching” the crosswalk. The version of the ordinance finalized on Dec. 19 requires motorists to accommodate “… a pedestrian stopped at the curb, curb line or ramp leading to a crosswalk and to every pedestrian within a crosswalk …”

As part of the previous amendments made in 2010, the council also had removed language that specified a half of the roadway where drivers needed to accommodate pedestrians. This time around, the council restored similar language, which reads, “… when the pedestrian is on the half of the roadway on which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.”

In other crosswalk-related business, the council approved an expenditure of $81,000 to install five rectangular rapid flashing beacons (RRFB) on existing pedestrian islands in the city. Four of the locations are along Plymouth Road, at Georgetown, Traver Village, Beal and Bishop. The fifth location is at Seventh and Washington.

Also at the Dec. 19 meeting, the council ended a long process of review by the city and negotiation with neighbors by approving a change to the zoning of the Hoover Mansion property on Washtenaw Avenue, which University Bank uses as its headquarters. The change will allow University Bank to build 13 new parking spaces on the east side – behind the main building, allowing the bank in accommodate expanded employment.

Towards the end of the council’s meeting, a relatively rare debate unfolded about a mayoral nomination to a city board. At issue was the nomination of a city employee – transportation program manager Eli Cooper – to the board of the Ann Arbor Transportation Authority. He’s replacing another city employee on the board, public services area administrator Sue McCormick, who left her position with the city in mid-December. In the end, Cooper’s nomination was confirmed with dissent from two councilmembers. A separate vote on a general policy opposing nominations of city employees to boards and commissions received only four votes of support.

The council considered two compensation-related issues – one for its city attorney, Stephen Postema, and another for election workers who staff the polls. After a closed session to discuss Postema’s performance review, the council voted with dissent from one councilmember to award Postema the ability to cash out 250 hours of banked time. The council delayed its vote on pay increases for election workers, on the possibility that their pay could be increased more than what’s proposed, to match the amount specified in the city’s living wage ordinance.

In other business, the council approved a bond re-funding, authorized reimbursement for a broken electromagnet at the materials recovery facility, accepted additional federal money for solar projects, and heard about a possible strategy for addressing vacant and dilapidated properties.

Crosswalks

Two pedestrian-safety-related items were on the Dec. 19 agenda. The first was final consideration of a change to the city’s crosswalk ordinance. The second was authorization of $81,000 for installation of flashing pedestrian crossing beacons at five different locations in the city, four of them on Plymouth Road.

Crosswalks: Ordinance Revision – Background

The section of the crosswalk ordinance given final approval now reads: ”… the driver of a vehicle shall stop before entering a crosswalk and yield the right-of-way to a pedestrian stopped at the curb, curb line or ramp leading to a crosswalk and to every pedestrian within a crosswalk, when the pedestrian is on the half of the roadway on which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.”

The council struck from the ordinance an addition to which it had given initial approval on Nov. 10, 2011 that required motorists to stop for pedestrians “without regard to which portion of the roadway the pedestrian is using.”

This recent round of revisions to the ordinance comes after the council modified the pedestrian safety ordinance on July 19, 2010 to include an expansion of the conditions under which motorists must take action to accommodate pedestrians. Specifically, the 2010 amendments required accommodation of pedestrians not just “within a crosswalk” but also “approaching or within a crosswalk.” The modification approved on Dec. 19 was intended to address a perceived ambiguity of the word “approaching.”

Besides the “approaching” phrase, the 2010 amendments also included two other key elements. The 2010 amendments included a requirement that motorists “stop” and not merely “slow as to yield.” And the 2010 amendments also eliminated reference to which half of the roadway is relevant to the responsibility placed on motorists for accommodating pedestrians. That eliminated phrase was restored in the version approved by the council on Dec. 19.

Crosswalks: Public Commentary

Kathy Griswold spoke during general public commentary as well as during the formal public hearing. She described the tremendous engagement of the community and the city council in the discussion of pedestrian safety. Now is the time for the community to come together, she said. She described how Boulder, Colorado’s sight distance ordinance supports pedestrian safety, by regulating vegetation along roadways, not just at intersections. Also, in 2009 Boulder had a full-time employee to make sure utility boxes are not placed to restrict sight distances, she contended. She questioned whether the goal in Ann Arbor is to try to improve safety, or rather to do something else.

During the public hearing, Griswold complained that the word “safety” doesn’t appear anywhere in the brochures the city uses to tout Ann Arbor’s walkability. She contended that passing this ordinance seemed like an attempt to be “cool” – but that’s not how safety works, she said. The local community is good at advocating for pedestrian “rights,” Griswold said, but she suggested that pedestrian “rights” are a different issue from pedestrian safety.

Griswold expressed frustration that the signage the city is using refers only to “within” a crosswalk when the ordinance includes additional conditions for stopping. To get alternate signage, she’d learned from city staff, would require submitting a request to “experiment” with alternate wording. She objected to the idea of experimenting with the lives of young children. She said we should not expect that young people who are not drivers to determine if it’s safe or unsafe to cross. “We can do better than this,” she said, and she hoped the focus could change to improving safety.

Tim Hull said he thought that defining stop conditions on the local level is a bad idea – it will result in an ordinance that is not recommended by the Uniform Traffic Code (UTC). People will see it as a revenue generation scheme, he feared. And pedestrians don’t feel more safe because of the ordinance – they don’t know if cars will stop. At Plymouth and Beal, Hull said he never knows if cars will stop. What’s safest for pedestrians is to use the UTC recommended standard, even if that code is not actually the state law. He suggested lobbying Ann Arbor’s representatives to the state legislature.

At the left is Larry Deck, who spoke about the pedestrian ordinance on behalf of the Washtenaw Bicycling and Walking Coalition. He was chatting with the city's transportation program manager, Eli Cooper.

Larry Deck of the Washtenaw Bicycling and Walking Coalition told the council that change has to start somewhere. He agreed it’d be nice to see that change happen statewide. The WBWC supports the wording that the council approved at its first reading, he said. A transitional phase is needed in order to make the cultural change, he said. Of the principles of engineering, education, and enforcement, the initial step should be educational, he said. For the engineering step, the WBWC is starting to have a discussion about crosswalk design guidelines that would include advance stop bars and flashing beacons. On Plymouth Road, the beacons would help clarify the situation, Deck said.

Michael Benson introduced himself as a Ward 2 resident, speaking on behalf of the graduate student body at the University of Michigan. The changes to the crosswalk ordinance are a step in the right direction. Even though it’s not perfect, it’s a good start, he said. The proposed wording still leaves an incongruity between the city of Ann Arbor and the rest of the state. For a student who comes to study at UM from outside the city, what do the flashes mean on the proposed new signs? Benson suggested approving the changes and forming a working group to continue to review the ordinance.

An unidentified man spoke during the public hearing and made remarks couched in a general complaint that the city did not do a very good job of helping people who have problems – he’d spent three years trying to get help with Social Security and said he had called every information number that exists. The city should give serious thought to helping the elderly before coming up with an idea that will risk lives, he concluded.

Thomas Partridge introduced himself as a disabled senior citizen who had experienced near-accidents as a pedestrian. The city needs an effort involving driver education and a much more full and comprehensive approach to crosswalks and other areas of pedestrian safety, he said.

Stephen Ranzini introduced himself as a resident of downtown Ann Arbor. He drew the council’s attention to a poll that had run on AnnArbor.com about the pedestrian ordinance. He said he’d written a comment suggesting that one of the choices in the poll should have been the repeal of an ordinance that is incompatible with state law. He indicated that his comment had been well-received by other readers of AnnArbor.com.

Crosswalks: Ordinance Revision – Council Deliberations

Mayor John Hieftje led off deliberations by saying that awareness of the issue had been the result of enforcement, not the specific language of the ordinance. As to the idea that the ordinance put young people in danger, Hieftje said that the previous version of the ordinance asked pedestrians to put themselves in danger in order to trigger the condition under which drivers should stop. The negative outcomes the city has experienced would have been the same if tickets had been written for drivers, based on the previously existing traffic code.

Carsten Hohnke (Ward 5) echoed the comments made by Hieftje. Hohnke said it was important to understand the status of the Uniform Traffic Code (UTC), which people sometimes referred to as a state law or recommended ordinance. There is no state law, or a particular recommendation for a local ordinance, he said. Independent of the changes Ann Arbor adopts, he said, there will be a variety of ordinances in place across the state and the country.

Some mild confusion then resulted concerning what Sabra Briere (Ward 1) wanted to propose as an amendment to the language already initially approved on Nov. 10. Compared to the initially-approved language, what was eventually settled on in the way of amendments was as follows [added words in italics, deleted words in strike-through]:

”… the driver of a vehicle shall stop before entering a crosswalk and yield the right-of-way to a pedestrian stopped at the curb, curb line or ramp leading to a crosswalk and to every pedestrian within a crosswalk, without regard to which portion of the roadway the pedestrian is using. when the pedestrian is on the half of the roadway on which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.”

Some of the confusion, which was resolved between Sandi Smith (Ward 1), Christopher Taylor (Ward 3) and Briere, stemmed from Briere’s initial reluctance to revise the phrasing involving the roadway half. She’d been hesitant because the flashing beacons the city plans to install will alert drivers in both directions, yet the existence of the beacons did not make the crosswalk a signalized crosswalk in terms of the traffic ordinance. She had contemplated just eliminating the “without regard” language addressing the roadway half, and not adding the “half of the roadway” phrasing.

What helped the council settle on the language above as the amendment to consider were remarks from transportation manager Eli Cooper, who indicated there were two reasons why the staff recommended the “half of the roadway” phrasing. As part of the UTC, it would help ensure consistency with other communities, he said. Also, the language is straightforward to understand as far as what constitutes a “stop condition.”

The issue relates to what a driver can readily see – that’s really what is along side of you, said Cooper. It’s not really possible to see what’s happening possibly five lanes away on the other side of the road. It was felt that it’s too onerous on the driver, Cooper said.

Responding to a question from Briere about the impact of leaving out all reference to a part of the roadway, Cooper said he would recommend specificity, because staff can “amplify that specificity.”

Tony Derezinski (Ward 2) got confirmation from Cooper that what was proposed is consistent with traffic engineering. Cooper allowed that he is not a licensed engineer, but he said the staff working group is supported by traffic engineers, who supported the proposal.

With the proposed amendment in front of the council, Hohnke observed that he’d been comfortable with folks having to grapple with the word “approaching” in the phrase describing pedestrians who were verging on entering a crosswalk. Now, the word “approaching” has been eliminated in that place, but introduced elsewhere. With some hesitation, he said, he would support the change.

Jane Lumm (Ward 2) said she appreciated the inclusion of the phrase that divides the roadway into halves. Motorists need to focus on the roadway in their immediate view, she said. No amount of education, she believed, would have helped the situation if motorists had been required to stop without regard to which half of the roadway a pedestrian was using.

Outcome on amendment: The council unanimously approved the addition of “curb line” and the re-introduction of roadway halves as pertinent to defining the stop conditions for motorists.

Lumm made a motion to strike language in the ordinance defining stop conditions for motorists as anything except “within a crosswalk.” The motion died for lack of a seconding motion. When the motion died, Lumm mused, “That’s what I thought.”

Left to right: Sandi Smith (Ward 1), Sabra Briere (Ward 1) and Tony Derezinski (Ward 2). Briere is demonstrating that councilmembers wait to be recognized before speaking during their meetings – they don't just blurt things out.

Smith felt that previously the problem had been that the council had approved changes to the ordinance, then let it sit. There’d been some education, she allowed, but then the city began with what some might say was “radical enforcement.” That’s what created the turmoil, she said. She asked that the city administrator talk with the police chief to take a softer approach to helping the community learn how to adapt to the ordnance.

Briere offered her own experience with a change in traffic rules – the installation of a new stop sign on Madison Street, when she previously lived in Ward 5. She said it’s a tough adjustment. Drivers are used to driving the way they’re used to driving. Briere advised that the council would continue to hear from people about the ordinance. She said she thinks more people are becoming aware of pedestrians.

Stephen Kunselman (Ward 3) got clarification from assistant city attorney Kristen Larcom that ordinance infractions would not result in points on driver’s licenses.

Lumm said she wants to protect pedestrians, but not at the expense of creating traffic hazards. So she said she supported the ordinance amendment, but looks forward to follow-up on appropriate signage to make sure it comports with the ordinance.

Cooper responded to Lumm’s concern about the signs used by the city, saying that they are in the Manual on Uniform Traffic Control Devices (MUTCD) – he emphasized the word “uniform.” The phrase “within a crosswalk” is not the full body of the ordinance, just as the speed limit sign is not the full text of the law, explained Cooper. Briere ventured that the signs “say what they need to say.”

Lumm still wondered how you enforce the ordinance, if the sign doesn’t say the exact same thing. City attorney Stephen Postema explained that the city would move to enforce it, but then then it’s up to a judge.

Outcome: The council unanimously approved changes to the crosswalk ordinance.

Crosswalks: Flashing Beacons – Background

The council was asked to authorize a budget modification, drawing on its major street fund to allow an expenditure of $81,000. The funds would be used to install five rectangular rapid flashing beacons (RRFB) on existing pedestrian islands in the city. Four of the locations are along Plymouth Road – at Georgetown, Traver Village, Beal and Bishop. The fifth location is at Seventh and Washington. [.pdf with schematic of intersections and an RRFB] [.pdf of map depicting locations]

The flashing function of an RRFB would not be continuous – it would be activated by a pedestrian pushing a button. The staff memo accompanying the resolution describes an RRFB as “similar in nature to the light bars on the top of emergency vehicles.” The flashing beacons do not count as traffic control signals for the purposes of the city’s pedestrian safety ordinance, which addresses motorist behavior “[w]hen traffic-control signals are not in place or are not in operation …” Otherwise put, the pedestrian safety ordinance will still apply at those crosswalks where RRFBs are installed.

Annual costs for operation and maintenance of the RRFBs are estimated at $160 per crossing. Installation of the new signs is scheduled to begin in February 2012, and to be completed by April 2012.

Crosswalks: Flashing Beacons – Council Deliberations

Sabra Briere (Ward 1) led off deliberations saying that she’d heard concern expressed about the possible triggering of seizures and migraines by the flashing beacons. She explained that the flashes are random, not rhythmic, thus less likely to trigger those problems.

Jane Lumm (Ward 2) questioned why the city’s alternative transportation fund was not being tapped instead of its major street fund. The city’s head of project management, Homayoon Pirooz, told Lumm the two funds have the same source of money – the state’s Act 51 appropriation, which is based on gas and vehicle taxes.

Lumm then proposed an amendment to remove from the proposal the two “low volume” crosswalks of the four on Plymouth – near Traver Village and Georgetown Boulevard. She contended that there are signalized intersections near enough to those locations that pedestrians could cross there.

Pirooz responded to Lumm by explaining that typical distances for which pedestrians are willing to walk in order to cross, based on the length of city blocks, are 500-700 feet. Based on that, the crosswalk locations for which the flashing beacons are proposed are in exactly right spots, Pirooz said. It’s not an excessive number, and he would probably recommend more, Pirooz concluded.

Briere clarified with Pirooz that two of the crosswalks where beacons are proposed are adjacent to bus stops. She noted that she’d seen Plymouth Road in action for years and years. The city had made some improvements to signage seven years ago and had used the best technology at the time – there’s better technology now, she said. Responding implicitly to Lumm’s concern about the relatively fewer number of pedestrians at two of the crosswalks, Briere ventured that instead of counting pedestrians, they should count the number of lanes a pedestrian has to cross.

Queried by Stephen Kunselman (Ward 3), Craig Hupy, the city’s head of systems planning, said the city would likely use a combination of solar-powered and hard-wired beacons. Kunselman sought and received assurance that pedestrians who activated the beacons would not be blinded by them.

Lumm observed that nothing had happened as a result of the motion she’d made to eliminate two of the proposed beacons. She said she thinks the beacons seem like a reasonable solution – because they generate 75-80% compliance from motorists. Her issue, she said, is with the number of the beacons. It’s about balancing the safety of pedestrians and motorists, she said.

Outcome: The council unanimously approved $81,000 for flashing beacons.

University Bank, Hoover Mansion Rezoning

Before the council for its consideration was final approval to alter the University Bank PUD (planned unit development) and site plan for the bank’s property at 2015 Washtenaw Ave., known as the Hoover Mansion. The bank wanted to revise the site’s existing PUD – originally approved in 1978 – to allow for an increase in the total number of employees and parking spaces permitted on the parcel. The site serves as the bank’s headquarters.

The change will allow University Bank to build 13 new parking spaces on the east side – behind the main building – for a total of 52 spaces on the site. The city planning commission unanimously recommended approval of the change at its Oct. 4, 2011 meeting, after the proposal had been submitted to the city at least a year earlier. The council gave its initial approval to the change in the PUD at its Nov. 21, 2011 meeting.

The long approval process could in part be attributed to opposition from immediate neighbors to specific elements of the plan, which was to some degree modified in response. A letter of opposition, attached to the council’s Dec. 19 agenda packet, made a more general objection to “the likelihood of further commercialization of the residential neighborhood.” [.pdf of letter of opposition][.jpg of aerial view with parcels]

Because the proposal was a change to the city’s zoning, it was a change to the city’s ordinances – a process that required a second approval by the council at a separate meeting, preceded by a public hearing.

Hoover Mansion: Public Hearing

Two separate public hearings were held – one for the zoning and the other for the site plan.

At the zoning hearing, Thomas Partridge complained that such agenda items are predetermined for approvals by the planning staff. All such items should recognize the need for civil rights, he said. At the public hearing on the site plan, he called for increased access to affordable housing and transportation.

Also speaking at both public hearings was the president of University Bank, Stephen Ranzini, who introduced himself as a downtown resident of Ann Arbor. He sketched the history of the bank now named University Bank, explaining that it was founded in 1890. After he led a investment group that bought the bank 23 years ago, its assets under management have grown from $35 million to $10.3 billion, he said. Today the bank has 280 employees, making it the 11th largest bank with its headquarters in Michigan, he said. In the last 90 days, the bank has hired 60 employees – all but five outside Ann Arbor. [More hires were not made in Ann Arbor, he indicated, because of the limited parking at the Hoover Mansion.] The bank has been a good neighbor, he said, and has won all the major awards a community bank can win.

Stephen Ranzini, president of University Bank, in his Milford Track jacket. He compared the difficulty of completing the New Zealand hiking trail to the city of Ann Arbor's approval process.

Ranzini calculated the value of the land on which the Hoover Mansion stands at $3.6 million. The cost of operating the 10,000-square-foot mansion is around $200,000 annually, he said. And its appraised value is only $2 million, due to its high cost of operation. Given the capital tied up in the building and its more than $20 per-square-foot operating cost, office space available elsewhere was actually cheaper, Ranzini said.

On-site parking is currently limited to 39 spaces, he said, and that limits the number of employees – especially because a certain number of the spots have to be set aside for the public. University Bank stepped up and bought the property in 2005, he said. To be sustainable in the long term [regardless of who owns the property], the parking needs to expand to accommodate something in the range of 60 employees. If the value of the building is not increased from $2 million, he warned, some future owner will pursue a different course. He said that if University Bank had not fought an intense legal battle, the mansion would not be standing today.

At the second public hearing, Ranzini laid out a complaint about the length of the approval process with the city, which he contended began 39 months ago, with a request for 28 additional parking spots. The result of that long process, which had included two neighborhood charrettes, would result in perhaps 13 additional spaces. Of the 19 adjacent property owners, 16 had supported the proposal from the very beginning, he said. The remaining three were now on board, he thought. However, he’d heard that two neighbors still have some concerns about lighting. Ranzini expressed some frustration that they would raise these concerns on the last day. In any case, he felt the concerns about lighting were not valid – the proposal met and exceeded lighting requirements. If the neighbors with objections based on lighting were present that night, Ranzini said, he could put their fears to rest.

Ranzini said that University Bank had committed to $150,000 in extra amenities for the site and $50,000 in engineering expenses. The public transportation benefits of the site, which he said his fellow citizen Thomas Partridge could use, included a bus stop in front, a walking path and new bike racks. Due to the delays in getting the plan approved, the bank relocated one of its divisions and eight jobs to Farmington Hills – those jobs will never come back, he said. Ranzini told the council he was wearing his jacket from the Milford Track because he wanted to compare that hike in New Zealand – which he’d enjoyed with his wife on their honeymoon – with the city’s approval process. It made completing the Milford Track seem easy, he said.

Hoover Mansion: Council Deliberations

City planner Chris Chang Cheng took the podium at the request of Tony Derezinski (Ward 2). Cheng responded implicitly to Ranzini’s description of the process as taking 39 months by saying that he’d seen a submission made in December 2009, with revised plans submitted in July 2010. Cheng said that it had been around for approximately two years. About six months had elapsed between submission and revision. The original recommendation of the planning staff would have been to deny the approval, but the staff worked its way through it, and the eventual proposal had a smaller parking area.

The issue of lighting did come up, he said, in meetings with neighbors held over the last two years. University Bank has indicated that there are zero foot candles emitted from the property, he said, and if it turns out that there’s any light spillage, the bank has agreed to shield the lights and reduce the wattage.

Derezinski said that from his recollection seeing the project come before the planning commission, a lot of give-and-take was involved in the project. [Derezinski serves as the city council representative to the city planning commission.] Cheng confirmed for Derezinski that no parking would be allowed on the circular drive. He told Derezinski that he personally attended two meetings with neighbors and that there were other meetings. Cheng confirmed for Derezinski that the result of those meeting was a consensus on proposed solutions.

Jane Lumm (Ward 2) indicated that over the weekend she’d fielded some questions about expanded commercial uses in a residential area. But she got clarification from Cheng that future alterations from current use would require approval. Lumm said she was impressed by how people had worked on the issues.

Carsten Hohnke (Ward 5) noted that the Hoover Mansion is a unique property, and that it shows what PUDs are about. His understanding of the purported public benefits to the alteration of the PUD were: (1) expanded employment, (2) an additional walkway to the bicycle parking spaces, and (3) a greater-than-required mitigation of the loss of trees due to creating more parking spaces.

Hohnke wanted to know if there was any contingency related to the first benefit. Cheng allowed that there’s nothing that forces University Bank to hire 10 additional employees. Hohnke got clarification that the walking path and the bicycle parking spots would be used by both employees and visitors. Hohnke wanted to know how the city planning staff evaluated the mitigation of any impact on the tree loss, if the impact wouldn’t have existed without the requested change. Cheng explained that the proposal made the least impact on woodland and natural features as possible.

Derezinski described the process that lasted over the course of a couple of years as the result of good people working on both sides. Obviously, he said, the bank wanted more parking spots and the neighbors wanted fewer. He called it a “grudging consensus.” He felt it was the best possible solution, given the circumstances.

Outcome: The council voted unanimously to approve the Hoover Mansion PUD and site plan.

Mayoral Appointments of City Employees

The council’s meeting was bookended by discussion of mayoral appointments of various sorts. In Ann Arbor’s council-manager form of government, the mayor is also a member of the city council. One basic difference between the mayor and other city councilmembers is that the mayor is elected on a vote of citywide electors, whereas councilmembers represent just one of five wards.

But another key difference between the mayor and other city councilmembers is this: The mayor has the responsibility of making nominations to boards and commissions. [The other differences include the power of veto, status as the ceremonial head of the city, and responsibility for city management in states of emergency.]

Mayoral Nominations: Meeting Bookends

On the council’s agenda for its consideration were a number of mayoral appointments, as well as a resolution that opposed the appointment of city employees to city boards and commissions. When the agenda was approved at the start of the meeting, Sabra Briere (Ward 1) got support from her council colleagues to move a resolution about mayoral appointments to the end of the meeting, to the slot after votes to confirm mayoral nominations from the previous meeting. Briere had co-sponsored the resolution.

So the vote on the general policy was set to come after the vote on the appointment that prompted the policy – city transportation program manager Eli Cooper’s nomination to the board of the Ann Arbor Transportation Authority.

During public commentary at the start of the meeting, Cooper’s nomination was opposed by Tim Hull, who introduced himself as a recent candidate for Ward 2 in the August 2011 Democratic primary. [The primary race was won by incumbent Stephen Rapundalo, who was then defeated in the November general election by Jane Lumm.] Hull also spoke in favor of the resolution that opposed the nomination by the mayor of city employees to serve on boards and commissions.

Hull said such appointments raise questions about conflict of interest, and he failed to see the benefit of adding a “city insider” to the AATA, especially someone who doesn’t live in the city itself. The AATA needs someone who has a stake in the community, Hull said, and the AATA board needs outside voices to ensure that the implementation of the AATA’s transportation master plan (TMP) will succeed. Hull also questioned the “haste” with which the appointment was made. He called for a transparent approach to appointments. Hull noted that he had nothing against Cooper, and that Cooper had helped him with a project when Hull was a student at the University of Michigan school of information.

Related to the general issue of appointments and vacancies on boards, during his communications early in the meeting Stephen Kunselman (Ward 3) announced that the taxicab board had met recently and the board had been informed that it’s short one member. So the taxicab board is looking for someone to step up and serve, Kunselman said.

During public commentary at the end of the meeting, after the council deliberated and voted on all specific appointments and the general policy, Michael Benson thanked the council for adjusting its agenda at the start of the meeting to move the item on mayoral appointments. That way all councilmembers could be present. [Carsten Hohnke (Ward 5) and Tony Derezinski (Ward 2) arrived late.] Benson noted that the city’s online Legistar system lists current vacancies. And earlier in the meeting, it had been announced that there’s a vacancy on the taxicab board, Benson said. But that vacancy is not listed, he noted – the only open spots listed are some for the housing and human services advisory board. Benson requested that vacancies on other boards and commissions be added.

Mayor John Hieftje responded to Benson’s request by venturing that the reason vacancies are not listed is simply because the appointments are made before the terms actually expire, so that the spots don’t ever technically become vacant. Hieftje offered the replacement of Margaret Parker with John Kotarski on the public art commission as an example, contending that her term was up at the end of 2011. Kotarski’s appointment was confirmed by nomination was presented to the council that night.

By way of background, Parker was actually appointed through 2012, so her departure was a year earlier than expected. As for the idea that vacancies are not listed only because the appointments are made before terms expire, it’s not uncommon that a mayoral appointment is made only after a term has expired, without a vacancy ever being listed on Legistar. For example, three vacancies currently exist on the seven-member local officers compensation commission, two of which have persisted for over a year – but those vacancies are not currently listed on Legistar.

Mayoral Nominations: Miscellaneous

Before the controversial AATA board appointment and the resolution on the general policy issue of appointing city employees to boards and commissions, the council handled some somewhat less controversial appointments.

Nominated to replace Margaret Parker on the Ann Arbor public art commission (AAPAC) was John Kotarski. Kotarski has been a media consultant who previously worked for the Mount Clemens Schools.

Parker served for several years on the commission on art in public places (CAPP), the precursor to AAPAC. She was last re-appointed to AAPAC on June 15, 2009 for a three-year term, which would have ended Dec. 31, 2012. Parker served as chair of AAPAC from the enactment of the city’s Percent for Art ordinance in 2007 until the end of 2010. Marsha Chamberlin agreed to assume responsibility as chair in April this year.

Nominated to replace Dave Gregorka on the zoning board of appeals (ZBA) was Ben Carlisle. Sabra Briere (Ward 1), who serves as the city council representative to the ZBA, said she would miss Gregorka, saying he was a ZBA member with some of the most knowledge about that body. She said she was also looking forward to working with Carlisle.

Outcome: The council voted unanimously to confirm Kotarski’s nomination to serve on AAPAC and Carlisle’s nomination to serve on the ZBA. The vote on Kostarski’s confirmation is scheduled for the council’s January 9 meeting.

Mayoral Nominations: Economic Development Board

Two nominations to the city’s economic development board touched on the issue that would be discussed in more detail in connection with Eli Cooper’s appointment to the AATA board.

The EDB is a body that is meant to assist the economic development of the city, and it enjoys the ability to issues tax-exempt bonds on behalf of private projects. Such a body is enabled by state statute – Act 338 of 1974. Nominated for the EDB were the city’s chief financial officer, Tom Crawford (a re-appointment), and the city administrator, Steve Powers (to fill the vacancy left by former city administrator Roger Fraser).

The state statute explicitly contemplates the possibility of city employees serving on the EDB, but places a limit on their number at three:

(2) The board of directors of the corporation shall consist of not less than 9 persons, not more than 3 of whom shall be an officer or employee of the municipality. The chief executive officer and any member of the governing body of the municipality may serve on the board of directors. … [.pdf of Act 338 of 1974, Economic Development Corporations Act]

Outcome: The council voted to approve Crawford and Powers as members of the city’s economic development board, with dissent from Stephen Kunselman (Ward 3).

Mayoral Nominations: Eli Cooper to AATA Board

The council considered the nomination of the city’s transportation program manager, Eli Cooper, to serve on the board of the Ann Arbor Transportation Authority. Cooper is filling the vacancy on the AATA board left by Sue McCormick.

McCormick has left her post at the city of Ann Arbor as public services area administrator to take a job as head of the Detroit water and sewerage department. McCormick’s last day on the job was Dec. 16. City administrator Steve Powers announced at the council’s Dec. 5 meeting that the city’s head of systems planning, Craig Hupy, will fill in for McCormick on an interim basis. Powers reported that Hupy had no interest in the permanent position.

McCormick’s last AATA board meeting was Dec. 15. On that occasion, she was presented the AATA’s traditional token of appreciation for board service: a mailbox marked up to resemble an AATA bus.

Cooper’s city position as transportation program manager falls under the city’s systems planning unit. The council previously appointed Cooper to serve on the AATA board on June 20, 2005. He served through June 2008, and was replaced on the board by current board chair Jesse Bernstein.

When Cooper previously served on the AATA board, his and McCormick’s service prompted an op-ed in The Ann Arbor News criticizing the appointment of city employees to citizen boards. [.pdf of "Let's Stick With Autonomous Appointees for Citizen Boards"]

Mayor John Hiefjte led off deliberations on Cooper’s appointment by noting that it’s preferred that members of city boards and commissions be city residents – but sometimes people have unique expertise, and he cited a member of the city’s energy commission as an example of that.

Hieftje said he believed Cooper fits that additional requirement – he doesn’t know of anybody who has a better understanding of mass transit than Cooper. He said he hoped councilmembers would look on the nomination favorably.

By way of background, the city charter stipulates the residency requirement for all city officers, but allows for the waiver of the requirement with a seven-vote majority on the 11-member city council [emphasis added]:

Eligibility for City Office–General Qualifications
SECTION 12.2. Except as otherwise provided in this charter, a person is eligible to hold a City office if the person has been a registered elector of the City, or of territory annexed to the City or both, and, in the case of a Council Member, a resident of the ward from which elected, for at least one year immediately preceding election or appointment. This requirement may be waived as to appointive officers by resolution concurred in by not less than seven members of the Council.

Though the charter stipulates a seven-vote requirement, it’s commonly believed throughout the city’s organization to be an eight-vote requirement. For example, Hieftje noted that the outcome on Cooper’s vote had satisfied the “eight-vote requirement,” even with two dissenting votes and the early departure from the meeting of Marcia Higgins (Ward 4).

Outcome: The council voted 8-2 for Cooper’s nomination to the AATA board, with Jane Lumm (Ward 2) and Stephen Kunselman (Ward 3) dissenting, and Marcia Higgins (Ward 4) absent from the table.

Mayoral Nominations: Opposing City Employee Nominations

The council was asked to consider a resolution opposing the nomination of city employees to serve on boards and commissions. Stephen Kunselman (Ward 3) led off deliberations by saying he wanted to bring forward the resolution as a separate policy issue from Eli Cooper’s nomination to the AATA board. Kunselman offered his perspective as a former township administrator – in Wayne County’s Sumpter Township from 1998 to 2003 – noting that he served as the employee of seven elected officials.

Kunselman noted that the definition of “office” includes the idea of a special duty, charge, or a position conferred for a public purpose. The AATA board appointment, he said, was not just any sort of appointment – members of that board vote on the hiring and firing of the AATA’s CEO.

Kunselman cited a city charter provision that appears to define what an employee is: “The personnel of the City, other than the elective and appointive officers, shall be deemed City employees.” For an employee who is also an appointed official, Kunselman wondered – if he wanted to communicate with that person – whether that person was a political appointee or an employee.

Kunselman said it was important because of an administrative policy signed back in 1993 by then-assistant city administrator Robert Bauman, which addresses the issue of employee contact with elected officials. The point of the policy, Kunselman said, is: “To ensure accountability, consistency and accuracy of information provided to elected officials.” Kunselman read aloud most of the document, which addresses how responses to requests for information from elected officials to city employees should follow the chain of command:

4. Procedure
…
4.4 Requests for policy-related information from elected officials or their staff should be submitted through the City Administrator’s Office.

Kunselman then read the resolution in its entirety. [.pdf of resolution as presented on Dec. 19, 2011]

When Kunselman, as an elected official, wanted to communicate with Eli Cooper, wondered Kunselman, would Kunselman interact with him in Cooper’s guise as a “political appointee” or as a city employee? Kunselman wanted to know if he would need to go through the city administrator in order to talk to Cooper. Kunselman then caught himself, and recalled that he had not wanted to talk about Cooper’s appointment specifically.

Kunselman noted that previously there’d been a city employee [Sue McCormick] who served on the AATA board when six feet of land was purchased from the city by the AATA. He wondered if that employee had recused themselves from the discussion – Kunselman said he didn’t know because he wasn’t there and didn’t know if it was reported on. He wondered if the employee had insider information on the purchase price? [It does not appear that the AATA board actually voted on the land acquisition. The Chronicle has no record of it in its reporting and a vote is not reflected in a search of the AATA website for all board resolutions. The cost of the strip of land was $90,000, which falls under the $100,000 amount that the board is required to vote on.]

At the left is Eli Cooper, the city of Ann Arbor transportation program manager, seated next to Craig Hupy, head of systems planning and interim public services area administrator. Obscured behind the two men is Tom McMurtrie, the city's solid waste manager.

Kunselman acknowledged there are certain positions that allow for staff to be appointed – as with the economic development board. He said he was willing to amend the resolved clause to read, “except where authorized by statute.”

Carsten Hohnke (Ward 5) wanted to know why Kunselman had read aloud the entire resolution. Kunselman explained that he’d read the most recent version – it had been changed since its initial online publication.

Jane Lumm (Ward 2), who co-sponsored the resolution, expressed the concern that this type of appointment is not sound government practice. The basis of the objection, she said, is similar to the concern that a blue ribbon commission had expressed about the makeup of the city’s pension board. Employee members, the blue ribbon commission had concluded, had undue influence on the pension board. [Ann Arbor voters approved a charter amendment this past November altering the composition of that board in response to the recommendation of the blue ribbon commission made six years ago.]

Lumm allowed that there could be instances where having a staff member with relevant expertise could be beneficial to a board – she wouldn’t be opposed to having such a person as an ex officio non-voting member. But when someone opines on an issue, that’s advocacy, and that poses a potential conflict of interest, she said.

But the bottom line for Lumm was that for every city employee who is appointed to a board or commission, that’s one less citizen who’s engaged. The city should be trying to create more engagement, more independence, a “fresh-eyes” approach. Appointing city employees fosters a like-minded group think, she said.

Sandi Smith (Ward 1) said she couldn’t support the resolution. She couldn’t see the conflict of interest or even an appearance of one. She questioned the last “whereas” clause – “Whereas, Mayoral nominated City of Ann Arbor employees serving as appointive officers are not granted the same rights, privileges, and protections as their co-workers;” – and wondered how the concern could be wrapped in the guise of protecting the employees who might be appointed. She asked Kunselman to explain that, but was emphatic about the fact that she was not relinquishing the floor – rather just allowing Kunselman to comment.

Kunselman explained that elected officials are supposed to work with staff through a chain of command. When an employee is taken out of that chain of command, Kunselman wondered if the employee could be subject to disciplinary action. Kunselman noted the council-manager form of government under which the city is run by a city administrator, not the mayor. Kunselman said he’d been challenged in the past as an elected official – a city councilmember – about whether he was telling a staff member what to do. He contended he had not told a staff member what to do, but wondered if an employee would enjoy protection from the direction of elected officials if they were an appointee to a board or commission. Smith did not seem impressed, telling Kunselman, “That’ll do.” She said she didn’t find Kunselman’s explanation convincing.

Smith also wondered how many such appointments – of city employees to boards – were actually made. Alluding to the appointment of CFO Tom Crawford and city administrator Steve Powers to the economic development board and to Eli Cooper’s appointment to the AATA board, Hieftje said he thought the council had just voted for all three such appointments. From the audience, Craig Hupy – head of systems planning for the city, and interim public services area administrator – noted that he’d sat as treasurer on the board of the Huron River Watershed Council as a mayoral appointment.

Smith noted that the resolution was written to apply to all boards and commissions, so it would in any case need to be modified. There are good opportunities that would otherwise be lost to have expertise added to a board. She didn’t want to lose that opportunity through the resolution. Smith concluded that she couldn’t even begin to think about supporting the resolution.

Tony Derezinski (Ward 2) said the resolution raises some interesting issues. He contended that “conflict of interest” is a loaded phrase – that’s a term of art in the law. The word “office” is also an important term, he said. For the first term, the state has a conflict of interest statute and for the second the state has an incompatibility of public office statute, he noted. Derezinski said he’d like to have an opinion from the city attorney on the question of whether either statute is applicable – the council should comply with state law, he said. [.pdf of conflict of interest statute] [.pdf of incompatible public offices statute]

City attorney Stephen Postema was not able to provide a view on the matter at the meeting, and said he would have to review it further.

Derezinki noted that there are also hundreds of attorney general opinions on the subject, and it would be worth looking at those opinions. He reiterated his view that “conflict of interest” is a loaded term, saying it’s pejorative. For that reason, he said, he wanted to be very careful in using that term, and he couldn’t vote for the resolution.

Kunselman responded to Derezinski by citing a book chapter on the subject written by some local Ann Arbor attorneys. Kunselman ventured that the council would never get a straight answer right now about whether there is a conflict of interest, and he noted that the phrasing of the resolution uses “appearance” of a conflict. Kunselman then read aloud the passage from Chapter 52 of “Michigan Public Employment and Labor Relations Law.”

Public officials and employees are often faced with competing demands for their time and energy. Regardless of the number of directions in which such individuals are pulled, however, it is crucial that they strive to maintain high ethical standards when carrying out the duties of their offices. … Because each situation is unique, however, it is impossible to provide specific guidance for every possible situation that may arise, and it is important to consult with a knowledgeable and experienced attorney if it appears that the potential for a conflict of interest exists. [.pdf of Chapter 52]

Based on his experience working in Wayne County, Kunselman said, what is unethical isn’t always illegal. Kunselman said he’s specifically concerned about appointments to the Ann Arbor Downtown Development Authority, the Ann Arbor Housing Commission, and the Ann Arbor Transportation Authority, because they’re taxing authorities or receive federal funds. [The DDA is not technically a taxing authority, but rather is enabled to capture a portion of the taxes of other taxing authorities. The transportation millage that benefits the AATA is levied by the city of Ann Arbor and is "passed through" to the AATA.]

Kunselman wondered what would happen if there’s a labor disagreement – what if a city employee is a member of the AATA, and there’s a disagreement with the director of the AATA? Will an employee of the city be allowed to vote on the four-party agreement, to which the city and the AATA are both parties? Kunselman said these issues require serious review so that there are no concerns. The best way to have no concerns is to have arms-length nominations, he said. Kunselman said he was risk averse and therefore he opposed city employees as nominees to boards and commissions.

Mike Anglin (Ward 5) said he was supportive of the resolution because of the term “appearance” of a conflict of interest. He noted that he’d voted for Cooper’s appointment, because he knows Cooper personally. If it had been someone else, he said, he may not have voted that way. He observed that he serves on the city’s park advisory commission (PAC) but that his position is non-voting. Still, he said, he thinks he influences people in that ex officio capacity.

Sabra Briere (Ward 1) noted that she’d previously opposed the appointment of a country transportation planner to the AATA board. [She voted against the appointment of Anya Dale on May 17, 2010.] Briere explained that she’d voted that way because she believed it would be difficult to wear multiple hats – as a member of the AATA board and as a member of the county planning staff. It’s difficult not to want to appoint qualified people, she said, but she concluded that to her it was clear that at least four members of the council [those who'd co-sponsored the resolution] would like the mayor to broaden his scope in selecting nominees.

Christoper Taylor (Ward 3) was visibly annoyed during remarks made by Stephen Kunselman (Ward 3) about the possible appearance of a conflict of interest.

Lumm again noted that the conflict of interest issue is a concern, but for her it’s about engaging more citizens. During her election campaign, she said, she spent a lot of time knocking on doors and she was asked about the AATA board at a fair number of residences. Lumm said she was not sure that residents know how to apply for boards or commissions.

Christopher Taylor (Ward 3), who had shown outward signs of irritation as his wardmate Kunselman had spoken earlier, then began to deliver some prepared remarks of his own. The best that can be said about the resolution, Taylor contended, is that it’s a solution in search of a problem. The resolution speaks of conflicts of interest, but does not identify any, he said.

Each nomination deserves to be considered on its own merits, Taylor said. There’d been an effort to extricate this policy issue from Cooper’s nomination, but Taylor contended it’s inappropriate to do so. Cooper’s nomination is what puts it into focus, he said, and the effect of the resolution would have meant the loss of Cooper to AATA board and that loss would have been substantial. In the era of government cooperation, someone with subject matter expertise is not just good for AATA, he said, it’s good for the city of Ann Arbor. Cross-pollination, Taylor said, is good.

While all that is the best that can be said about the resolution, continued Taylor, that’s not all that should be said. Taylor claimed there’s a tendency in Ann Arbor to make vague and false assertions of unethical behavior. That discourages participation and cheapens public discourse, he said. It causes us to focus on false issues – on hypothetical failings. Instead, he said, we should focus on our challenges and fulfilling our aspirations. He concluded that it’s a misguided resolution and said he’d be voting no.

Hieftje took exception to Kunselman’s characterization of the appointment to the AATA board as a “political appointment.” Hieftje stated that this is just the way the city charter reads and that the appointment to the AATA is no more a political appointment than an appointment to the ZBA.

Hieftje said he doesn’t see the difference between the appointment of a city employee to the AATA, and other appointments where a statute might explicitly allow an employee to serve. As an example, he noted that the state enabling legislation for downtown development authorities requires the mayor or city administrator to serve on the DDA board. [Hieftje serves on the DDA board.]

At the May 5, 2010 Ann Arbor Downtown Development Authority board meeting, because of the opinion rendered by DDA legal counsel Jerry Lax, mayor John Hieftje took a seat in the audience between former DDA board member Bob Gillette and Adrian Iraola, of Park Avenue Consulting.

Last spring, Hieftje said, as the city and the DDA went though protracted negotiations, he had voted a couple of times on issues involving the city’s finances as well as the DDA’s. Hieftje then claimed that at no time was he determined by the city attorney or the DDA attorney to have a conflict of interest – because he was required to be on the board by state statute.

By way of background, Hieftje did participate in all the votes in the spring of 2011. However, a year earlier he was recused for one vote – against his own wishes. While Hieftje accurately depicted the opinion of the Ann Arbor city attorney for the votes in 2010, the opinion expressed at the May 5, 2010 DDA board meeting by the DDA’s legal counsel, Jerry Lax, was that for one particular vote, Hieftje needed to recuse himself. And Hiefjte left the board table to sit out that one vote as a member of the audience.

Outcome: The resolution failed, with support only from Lumm, Kunselman, Anglin and Briere.

Pay Increase for Poll Workers

On the agenda was a resolution to increase the pay for election inspectors – those who work at the polls on election day to verify the registration of voters and to handle all other duties associated with ensuring compliance with election laws at each precinct.

The proposed increases are as follows: election inspector from $8 to $9/hour; floater from $8.50 to $9.50/hour; chairperson from $11.25 to $12/hour; and absent voter count board supervisor from $14 to $14.50/hour. According to a staff memo accompanying the resolution, prepared by the city clerk’s office, the increase in pay is expected to cost $2,000 in a local election and $8,000 in a presidential election. For the upcoming 2012 presidential election, the increase would total $5,000 – a cost that will be reimbursed by the state.

The justification for the increase in pay for Ann Arbor’s election inspectors was based on comparative pay with other nearby jurisdictions. For example, the raise for election inspectors from $8 to $9 now matches what the city of Ypsilanti pays.

After the raise, however, the proposed compensation for election inspectors would still fall short of the amount set forth in Ann Arbor’s living wage policy, which the city itself is not obliged to follow. By ordinance, the wages paid by city contractors to their workers must meet minimum thresholds that are adjusted each year, based on federal poverty guidelines. In May of 2011, the new living wage minimums were set at $11.83/hour for those employers paying health insurance, and $13.19/hour for those employers not paying health insurance.

When the council deliberated on the issue, the living wage factored into the council’s decision to postpone the election inspectors’ pay raise.

When the council came to the item on its agenda, Sabra Briere (Ward 1) wondered why the increase did not go all the way to the level of the living wage? The microphone-less city clerk’s comments in response to Briere weren’t easily audible, but seemed to address the issue of why any increase was being proposed at all – it had been several years since one had been given.

Briere first suggested that the resolution be altered to reflect the living wage. At mayor John Hieftje’s suggestion, she agreed to change her motion to a postponement. The council will receive a budget impact calculation for the additional increase to the living wage level before it votes.

Outcome: The council unanimously postponed the vote on the increase in poll worker compensation.

City Attorney Performance Review, Contract Amendment

In a closed session held toward the end of the meeting, the council reviewed the purchase of land and conducted a performance review for 2011 for the city attorney, Stephen Postema.

From the left: Tony Derezinski (Ward 2) chats with city attorney Stephen Postema.

Personnel evaluations and the purchase of land are each permissible reasons for a closed session under under Michigan’s Open Meetings Act. The position of city attorney is one of two positions that report directly to the council – the other is the city administrator. Under Michigan’s OMA, reviews of personnel are allowed to be conducted in a closed session on request from the employee, but are not required to be. However, Postema’s contract contains a clause specifying that: “The results of the evaluation shall be in writing and shall be discussed with the Employee in closed session.”

Around 10 minutes into the closed session, Sabra Briere (Ward 1) emerged from the council workroom adjoining the chambers where the council holds such sessions, and took her seat at the council table. Asked by The Chronicle if the session was done, she indicated that she was done, but the other councilmembers were not – she had felt “blindsided” by what she was asked to consider and did not choose to participate in the closed session discussion.

When the rest of the councilmembers eventually emerged from the closed session, Margie Teall (Ward 4) read a resolution amending the city’s contract with Postema, which allows him to cash-in up to 250 hours of accrued banked time before June 30, 2012.

Briere asked how the resolution differed from the one approved by the council just two months previously, when the council also held a closed session to review Postema’s performance. The explanation offered to Briere was that the performance review conducted at the Oct. 24, 2011 meeting had been just for 2009-10. That review also did not result in any adjustment to Postema’s base salary, but also allowed him to cash-in up to 250 hours of accrued banked time before the end of 2011.

Briere then questioned whether the council’s administration committee had provided other councilmembers with an opportunity to offer feedback on Postema’s performance since the Oct. 24 review. [The council's administration committee, which by custom reviews the input of other councilmembers on personnel evaluations, met earlier that day. The committee consists of Tony Derezinski (Ward 2), mayor John Hieftje, Marcia Higgins (Ward 4), Margie Teall (Ward 4) and Christopher Taylor (Ward 3).]

Sabra Briere (Ward 1) sat alone at the council table as her colleagues conducted a closed session on the review of the city attorney's performance. The door to the workroom where the council conducts its closed sessions is visible behind her.

Briere noted that councilmembers not on the administration committee had been given an opportunity to provide their view on Postema’s performance before the Oct. 24 review, but that review had specifically been just through 2010. And Briere did not recall being given an opportunity to provide additional feedback since October for the current review – which included 2011. When Briere asked if she had simply not seen the solicitation for feedback, none of the members of the council’s administration committee could point to an occasion when feedback had been solicited during that time period. Hieftje offered that sometimes all the forms are confusing.

Jane Lumm (Ward 2) wondered whether she should participate in the vote, given that she was newly elected to the council in November – she had not been a part of the council for much of the period of Postema’s review. Postema told her that the vote was on his contract going forward. Lumm participated in the vote.

Outcome: The council voted, with dissent from Briere, to approve the contract amendment for Postema, which allows him to cash in 250 hours of banked leave time before June 30, 2012.

Drop-Off Recycling Contract

The council was asked to consider approval of a contract with Recycle Ann Arbor to continue the operation of the drop-off recycling center on the city-owned property at 2950 E. Ellsworth Road, with no financial support from the city.

Previously, the drop-off station was supported by three municipalities: the city of Ann Arbor ($30,000), Washtenaw County ($50,000) and Pittsfield Township ($7,500).

According to a staff memo accompanying the resolution, when Washtenaw County withdrew its support in 2009, Recycle Ann Arbor declined support from the other governmental units – because it would have required tracking where users lived in order to determine the appropriate use charge. Roughly 60% of the users of the facility live outside Ann Arbor. Recycle Ann Arbor now charges a $3 entry fee, in addition to the specific drop-off charges for specific kinds of items. For example, the charge for dropping off a car tire is $5 – with the $3 entry fee, it would total $8.

The previous contract with Recycle Ann Arbor to operate the drop-off facility expired nearly two years ago, on Jan. 1, 2010. The new contract is retroactive to that date.

The staff memo for the agenda item notes some significant sinking of the southeast corner of the building at the facility, but indicates there is no immediate danger. Still, building repairs are recommended.

During the brief council deliberations, Jane Lumm (Ward 2) said the contract sounds fine, but contended that the city is subsidizing other municipalities. She asked for cost estimates for the recommended building repair – less than $10,000, said Tom McMurtrie, the city’s solid waste manager. McMurtrie said he was not aware of any other needed capital repair expenses associated with the drop-off station.

Outcome: The council voted unanimously to approve the contract with Recycle Ann Arbor to operate the drop-off station.

Solar Money

The council was asked to vote on a resolution accepting an additional $20,000 in federal funds from the U.S. Department of Energy (USDOE). Of that amount, $17,500 will be applied to a contract with the Clean Energy Coalition for its XSeed Energy community solar program. The remaining $2,500 will go to the city of Ann Arbor to cover grant administration and oversight costs.

The original grant from the USDOE, as part of the Solar America Cities Project, was made in July 2007 for $200,000. According to a staff memo, Ann Arbor has secured commitments from 11 local organizations for various matching funds for an additional $355,008.

The city’s energy coordinator, Andrew Brix, was invited to the podium to give a brief overview. He highlighted the solar panels on top of city hall and the justice center, as well as the solar thermal hot water units, which he said a lot of people are not aware of.

Outcome: The council unanimously approved the acceptance of the additional grant money.

Reimbursement for MRF Magnet

Before the council for its consideration was authorization of a reimbursement of $94,788 to the company that operates its materials recovery facility (MRF) for costs of replacing an electromagnet that failed back in February 2011.

RRS Inc. made the request for reimbursement in September. The electromagnet is used to separate metal from other material. The reimbursement will be made from the city’s MRF capitalized renewal and replacement account.

During deliberations, Jane Lumm (Ward 2) got clarification from the city’s solid waste manager, Tom McMurtrie, that of the $230,000 in the MRF capital fund, the city had contributed $22,000 and RRS had put in $207,000. He explained that the contributions are based on a per-ton basis for material brought into the center. The city contributes $2/ton for its material, and RRS puts in $4/ton for the non-city material that it brings in.

Lumm wanted to know if the $230,000 will be sufficient for the coming year. Yes, said McMurtrie. Lumm said she applauds trying to save money by using the old magnet in the new single-stream system. McMurtrie said that when the switch was made to the single-stream system, extensive testing of the magnet had been done, but it developed a leak from a weld that was not visible during testing. Once the magnet was installed, it was expensive to get it out of the building – it had to be lifted through the roof with a crane, McMurtrie said.

Bond Re-Funding

The council was asked to consider approval of issuance by the city of re-funding bonds in the amount of $2,400,000 in order to refinancing the $2,230,000 outstanding principal amount on bonds issued to pay for the Fourth and William parking structure project. The refinancing is estimated to yield a savings of approximately $195,000 over the next 10 years.

Sabra Briere (Ward 1) indicated that she’d support the resolution but asked that the word “refund” be spelled with a hyphen.

City treasurer Matt Horning explained that the reason the resolution had to come quickly was that municipal bond interest rates had fallen, and the city needed to initiate the 45-day referendum period. The process was compared to refinancing a mortgage on a house.

Jane Lumm (Ward 2) confirmed with Horning that the city is not extending the maturities of the bonds. Said Horning, “That’s against the law.” Lumm thanked Horning for identifying the opportunity to save the city some money.

Outcome: The council unanimously approved the re-funding of the bonds.

Communications and Comment

Every city council agenda contains multiple slots for city councilmembers and the city administrator to give updates or make announcements about important issues that are coming before the city council. And every meeting typically includes public commentary on subjects not necessarily on the agenda.

Comm/Comm: Vacant Properties

Mayor John Hieftje reported that he’d had a meeting with Stephen Kunselman (Ward 3) and they’d be bringing legislation forward in January to address some of the frustration with abandoned and boarded-up properties. One problem is that the city needs a funding source, in order to take action. In October of 2012, Hieftje said, it was expected that a fund could be established as a result of the resolution of the Michigan Inn situation. Hieftje said he expected to bring a resolution to front load a fund to take care of dilapidated properties, and then pay the general fund back in October. Hieftje said he expected it would be enough to deal with 8-10 problem properties.

Comm/Comm: Property Tax

Jane Lumm (Ward 2) said she wanted to plant the seed of changing the requirement of when residents must pay their property taxes. In other communities, there’s usually an option to do it at the end of a year or early the following year. City treasurer Matt Horning and the city’s CFO Tom Crawford discovered that there’s really no downside for the city to allow people to pay their taxes early in the following year – the only loser on this is the IRS, Lumm said. However, she said it would require a charter amendment to change the requirement. Nevertheless, she said, she’d be pursuing it.

City administrator Steve Powers, left, and Christopher Taylor (Ward 3) shared a light moment before the Dec. 19 meeting started.

During his communications, city administrator Steve Powers noted that this year, because Dec. 31 falls on a Saturday, the deadline for winter taxes is Tuesday, Jan. 3, 2012.

Comm/Comm: Immigration

Lourdes Salazar Bautista appeared before the council to thank councilmembers for their support in her fight to stay in the U.S. She had faced deportation on Dec. 27. She reported that on Dec. 13 she’d received word that her deportation had been delayed for one year. Laura Sanders of the Washtenaw Interfaith Coalition for Immigrant Rights (WICIR) also spoke in to the council on the issue.

Sanders told the council that it was not clear what action had been persuasive enough to achieve the delay, but so many pancakes were thrown against the wall that one finally stuck, she said. Sanders said she was pleased that Bautista’s case has spurred further action to oppose trumped-up immigration charges. Ann Arbor’s close proximity to Canada means that the immigrant population is vulnerable, she said. However, she ventured that “we can be a very sticky syrupy pancake and throw ourselves against the wall of injustice.” Ann Arbor can repeatedly send Washington D.C. the message that it opposes excessive enforcement. She asked the council over the holidays to look at a draft of a resolution that they’ll be asked to support related to this issue.

Mary Anne Perrone introduced herself as a longtime resident of Ann Arbor. She noted that she’d addressed the council before opposing Arizona’s immigration law. As a member of her worshiping community, she thanked the council for its support. She attributed the problem not to any failure to secure U.S borders, but to an insatiable demand for drugs in the U.S.

Comm/Comm: Spirit of Christmas

Thomas Partridge told the council to let the spirit of Christmas give rise to responsive government. There are too many residents without housing, transportation, healthcare and jobs – the things that make life rewarding and give it purpose. He called on everyone to put forward good will and eradicate discrimination.

At the end of the meeting, Partridge returned to the podium to deliver a general rebuke of the council, saying there is the appearance of corruption and evil.

Comm/Comm: Coordinated Funding

Lily Au introduced herself as an Ann Arbor resident. She asked the council two questions: (1) Is government a business or a mission? (2) Do we live only for ourselves or do we also give back? Au said that it is possible to do more than we are. She criticized the coordinated funding approach for human services that the city uses, saying that Washtenaw County, which is a partner in coordinated funding, shortchanges the city.

During her communications time, Sandi Smith (Ward 1) noted that the council had heard a number of times from Au about coordinated funding and Au’s contention that the city might be getting the short end. Smith said she’d worked with Margie Teall (Ward 4) on the coordinated funding process. Smith said it’s allowed the strongest nonprofits to do capacity-building and she characterized it as a “wild success.”

Present: Jane Lumm, Mike Anglin, Margie Teall, Sabra Briere, Sandi Smith, Tony Derezinski, Stephen Kunselman, Marcia Higgins, John Hieftje, Christopher Taylor, Carsten Hohnke.

Next council meeting: Monday, Jan. 9, 2012 at 7 p.m. in the council chambers at 301 E. Huron. [confirm date]

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The items often involve technology licensing agreements or leases. This month, the items included four research agreements, one subcontract agreement, one licensing agreement, one licensing option agreement, and one business transaction. Companies involved are: ONL Therapeutics; Emerging Micro Systems Inc.; CytoPherx Inc.; CSquared Innovations; Arbor Ultrasound Technologies; ISSYS Inc.; and Red Poppy Floral Design.

This brief was filed from the boardroom of the Fleming administration building on the UM campus in Ann Arbor. A more detailed report will follow: [link]

The “resolved” clause, as it currently appears on the agenda, simply records the view that those voting in the affirmative are opposed to such appointments: “RESOLVED, Those council members voting in the affirmative to this resolution oppose Mayoral nominations of City of Ann Arbor employees to office appointments.”

Update: As of Friday, Dec. 16, the resolved clause has been revised to read: “Therefore be it resolved, That Council opposes Mayoral nominations of City of Ann Arbor employees to office appointments.” Sabra Briere (Ward 1)  has also been added as a fourth sponsor.

Reasons cited in the “whereas” clauses include the possible appearance of conflicting interests and commitments, as well as a clause in the city charter that might be construed as limiting the rights of city employees who are appointed to boards or commissions: “The personnel of the City, other than the elective and appointive officers, shall be deemed City employees.” [.pdf of resolution on mayoral nominations of city employees to boards and commissions]

The resolution comes in the context of mayor John Hieftje’s nomination at the council’s last meeting (on Dec. 5, 2011) of a city employee to serve on a board. Hieftje nominated the city’s transportation program manager, Eli Cooper, to serve on the board of the Ann Arbor Transportation Authority. On confirmation by the city council, Cooper would fill the vacancy on the AATA board left by another city employee, Sue McCormick.

The council will be asked to vote to confirm Cooper’s nomination at its Dec. 19 meeting.

McCormick is leaving her post at the city of Ann Arbor as public services area administrator to take a job as head of the Detroit water and sewerage department. McCormick’s last day on the job is Dec. 16. City administrator Steve Powers announced at the Dec. 5 meeting that the city’s head of systems planning, Craig Hupy, will fill in for McCormick on an interim basis. Powers reported that Hupy had no interest in the permanent position.

Cooper’s city position as transportation program manager falls under the city’s systems planning unit. The council previously appointed Cooper to serve on the AATA board on June 20, 2005. He served through June 2008, and was replaced on the board by current board chair Jesse Bernstein.

When Cooper previously served on the AATA board, along with McCormick, their service prompted an op-ed in The Ann Arbor News criticizing the appointment of city employees to citizen boards. [.pdf of "Let's Stick With Autonomous Appointees for Citizen Boards"]

Also authorized was a collaboration between The Ark, a downtown Ann Arbor concert venue, and the University Unions Arts and Programs. The event – an Oct. 7 concert by  Vienna Teng at UM’s Power Center – triggered the conflict-of-interest issue because The Ark’s board chair, Kathryn Huss, works for UM as deputy director and chief administrative officer of the Museum of Art.

This brief was filed from the boardroom of the Fleming administration building on the UM campus in Ann Arbor. A more detailed report will follow: [link]

This month, the items related to the following businesses: Cornell Farms; Civionics Inc.; NeuroNexus Technologies Inc.; Inmatech Inc.; Vortex Hydro Energy; Rolith Inc.; Lean Therapeutics; Electric Field Solutions Inc.; Diapin Therapeutics; Arbor Research Collaborative for Health; Absolute Nano Inc.; and Michigan Critical Care Consultants Inc.

This brief was filed from the boardroom of the Fleming administration building, on UM’s Ann Arbor campus. A more detailed report will follow: [link]

John Greden, director of the University of Michigan Depression Center, briefed regents at their July 21, 2011 board meeting. (Photos by the writer.)

That message was delivered by the center’s director, John Greden – the man whose vision was instrumental in creating it a decade ago. Greden briefed regents on the center’s progress so far, describing its research and outreach efforts, including its leadership in developing a national network of depression centers that he said is strengthening the fight against the illness. He also indicated the center will be launching a fundraising campaign in the near future, to raise more resources in the face of overwhelming demand for services.

In addition to Greden’s report, regents voted on a range of items. The most significant in terms of a financial commitment was approval of a $116 million “deep” renovation of East Quad, a large dorm on East University Avenue. It’s also the home to UM’s Residential College. At the board’s May 19, 2011 meeting, philosophy professor Carl Cohen had raised concerns about the impact of the renovations as initially designed, saying the RC would be pushed into smaller, inadequate space and would “atrophy and fade away.” A schematic design hasn’t yet been presented to the board for approval.

Among other actions, regents also approved a new joint master’s degree program in entrepreneurship to be offered by the College of Engineering and the Ross School of Business. They authorized renaming the department of geological sciences – it will be called the department of earth and environmental sciences. Regents also approved a $698,364 purchase of land at 417 S. Division, next to the UM Institute for Social Research. Within the past year, that’s the third property – all with apartment buildings – that the university has bought to accommodate ISR’s expansion project. Regents approved that project last year.

In the context of board committee assignments, regent Martin Taylor alerted his colleagues that he’d talked with the university’s general counsel about possible conflict of interest issues that might arise for him in the future. The board’s health affairs committee will likely be involving all regents in overseeing a strategic plan for the UM health system – Martin also serves as a director of Blue Cross Blue Shield of Michigan.

Only one person spoke during public commentary. Dan Benefiel, a leader of the Willow Run Tea Party Caucus, sharply criticized the university’s support of globalism and its relationship with China, a country that he accused of stealing intellectual property and trade secrets from the U.S. The “Trojan Horse of China” must be stopped from “unleashing its unsavory minions” on America, he said.

President’s Opening Remarks

The meeting began, as it typically does, with comments by UM president Mary Sue Coleman. Alluding to the week’s scorching temperatures, Coleman said it was fitting to begin her remarks by highlighting UM’s solar car team. Earlier in the week, students had showcased the car by taking it on a demonstration tour throughout the state, she said. They covered about 1,000 miles as a warm-up to the October 2011 World Solar Challenge, a 1,800-mile competition in Australia’s outback. [Last year's edition of the car was also spotted by The Chronicle earlier this month at the Rolling Sculpture car show in downtown Ann Arbor.]

The UM team is reigning champion of the American Solar Challenge, she noted. Coleman said she’s looking forward to the international event, which no college team has won in many years. ”If any college team can do it, we absolutely believe ours can,” she said.

While the solar car team is one of the most visible signs of teamwork on campus, Coleman said, that same spirit is the impetus behind a new degree program that was on the July 21 for regental approval. A joint graduate degree in entrepreneurship has been developed by UM’s College of Engineering and the Ross School of Business – both units have worked together for a long time, she noted.

University of Michigan president Mary Sue Coleman, right, speaks with UM regent Julia Darlow prior to the start of the July 21 regents meeting.

The degree will be a tremendous addition to the entrepreneurial climate that’s flourishing across campus, she said. Administrators and faculty understand how important the innovations of research universities are to help accelerate the economy, Coleman added. She noted that Stephen Forrest, UM’s vice president for research, made that same point at a recent media roundtable panel sponsored by The Science Coalition in Washington, D.C. It’s also reflected in the Advanced Manufacturing Partnership that UM is participating in – Coleman pointed out that she joined President Barack Obama when he announced the partnership last month. Several UM faculty members will be involved in that effort in the coming months, she said.

July also marks the 40th anniversary of the Apollo 15 flight, manned entirely by UM alumni, Coleman said – David Scott, Jim Irwin and Al Worden. Worden will be returning to campus this fall, she noted, to talk about his experience on the Apollo 15 flight and the future of the U.S. space program.

Coleman concluded her remarks by reporting that earlier this month, she and other UM executives had attended the funeral of Betty Ford. Coleman described the former First Lady as a remarkable woman who spoke her mind, and who was candid about her struggles with breast cancer and alcohol addition. Ford and her husband, former U.S. president Gerald Ford, were intimately involved with the university – most notably through UM’s Gerald R. Ford School of Public Policy. Coleman said the university community would miss Ford and is grateful for the many years of friendship she’d given.

Renovation Projects: East Quad, North Hall

Two renovation projects – vastly different in scale – were on the July 21 agenda for approval.

Renovation Projects: East Quad

Regents were asked to approve a $116 million “deep” renovation of East Quad. The 300,000-square-foot residence hall – located at 701 E. University, between Hill and Willard – houses about 860 students and the Residential College, a living-learning community started in the 1960s. The project is part of a campus-wide ”Residential Life Initiative” first presented to regents in September 2004. Other residence halls – including Alice Lloyd Hall and Stockwell Hall on South Observatory, and Couzens Hall on East Ann Street, among others – have undergone similar renovations since then. The Alice Lloyd Hall project is still underway, with tentative completion by August 2012.

The pending East Quad renovation has caused concern in some quarters. At the regents’ May 19, 2011 meeting, philosophy professor Carl Cohen passionately urged regents to intercede in the renovation of East Quad in order to prevent the Residential College from being pushed into what he described as smaller, inadequate space. If regents did nothing, he said, “your Residential College will atrophy and fade away.” A staff memo on the renovations states that the RC will be renovated to meet “current academic standards.”

The entire project will be designed by the architectural firm of Integrated Design Solutions. Staff will return with a construction schedule and approval of a schematic design at a future meeting.

Royster Harper, UM’s vice president for student affairs, briefly described the building’s history and the proposed renovations. The project will revitalize the East Quad community, she said, and strengthen the connections between the academic activities and residential life.

From left: UM chief financial officer Tim Slottow, regent Andrea Fischer Newman, and Ora Pescovitz, UM executive vice president for medical affairs.

Regent Andrea Fischer Newman jokingly made a motion to approve the item after Harper’s remarks, even though the action item didn’t appear on the agenda until later in the meeting. Newman said she was eager to act on the project – she’d been on a tour of residence halls a few years ago, and was familiar with the condition of East Quad. Residence halls are important when recruiting students, she said. Students today are accustomed to a different level of comfort than what she and others her age expected when they were in college. Yet some dorms haven’t changed since she was in college, Newman added. That’s why this is an important project.

Later in the meeting, when regents reached that agenda item, Coleman asked Tim Slottow, UM’s chief financial officer, whether he had any additional information to add. [The East Quad renovation falls under the category of "Finance-Property" in the agenda, an area that Slottow oversees.] He joked that he didn’t want to come between Newman and the vote – Newman then moved the item and the board voted.

Outcome: Regents voted unanimously to approve the East Quad renovation project.

Renovation Projects: North Hall

A $1.6 million renovation to North Hall – which houses the University of Michigan’s Reserve Officer Training Corps (ROTC) programs for the U.S. Army, Navy and Air Force – was on the agenda for approval. The 48,000-square-foot building, located at 1105 N. University, was originally constructed in 1900 to house the university’s homeopathic medical department. The project will be designed by the architectural firm of Smith Group, with construction set to be completed in the winter of 2012.

Andrea Fischer Newman also made the motion to approve this vote, joking that she was moving the item “in honor of Kathy White.” [White, a regent who did not attend the July 21 meeting, is a Lt. Colonel in the U.S. Army reserves and a law instructor at the U.S. Military Academy at West Point.]

Outcome: Regents unanimously approved the North Hall renovation.

New Entrepreneurship Grad Degree Approved

A new University of Michigan joint master’s degree in entrepreneurship – a partnership of the College of Engineering and Ross Business School – was on the agenda for approval. The degree program has been in development for more than two years. According to a staff report on the proposal, the “primary objective of this program is to arm students with the critical multidisciplinary knowledge necessary to create new technology-focused ventures, either as stand-alone entities or within established innovative organizations. Students will learn to create and capture value from novel technologies within the context of entrepreneurship.” [.pdf of full staff report]

The program was developed in partnership with UM’s office of technology transfer. Approval is also required by the Presidents Council, State Universities of Michigan – that’s expected to happen in October. The first students for the degree would be accepted in the fall of 2012.

Coleman had highlighted the new degree in her opening remarks. When the item came up on the agenda, provost Phil Hanlon said he strongly supported Coleman’s comments about the importance of the program.

Outcome: Regents unanimously approved the new joint master’s degree in entrepreneurship.

Land Purchase

Regents were asked to approve a $698,364 purchase of an 0.09-acre of land at 417 S. Division, next to the UM Institute for Social Research. A tentative closing date is set for Aug. 3 – existing leases in the 3,152-square-foot apartment building located on that lot expire in August, according to a staff memo.

A $23 million expansion of ISR’s building on Thompson Street had been approved by the board in April of 2010 – they signed off on the project’s schematic design last July. At their November 2010 meeting, regents approved two other land purchases on South Division related to the ISR project: $919,425 for 439 S. Division St., which included a 3,210-square-foot apartment building; and $805,575 for property at 443 S. Division, where a 6,048-square-foot apartment building is located.

The regents most recently got a report on ISR’s activities at their September 2010 meeting, when director James Jackson gave an overview of ISR’s work.

Outcome: Regents unanimously approved the purchase of 417 S. Division.

Geological Sciences Dept. Renamed

On the July 18 agenda was an item asking regents to give the university’s department of geological sciences a new name: the department of earth and environmental sciences.

According to a staff memo provided to regents, the department “has seen pronounced shifts, coinciding with national and international trends in earth science, toward a heightened emphasis on the societal impact of the field. … The name change more effectively communicates to undergraduates the rich experiential learning opportunities in the department, preparing them for highly adaptable and versatile careers in industry, government, and academia.”

Provost Phil Hanlon briefly reviewed reasons for the change, noting that it’s not the same type of study that regents might recall from their college days. Among other things, the field is increasingly interdisciplinary, he said.

Regent Libby Maynard mentioned that her sister is a geologist. Hanlon said the things that Maynard’s sister studied were likely quite different – topics in the field have expanded significantly.

Outcome: The renaming of the department of geological sciences was unanimously approved by the board.

Faculty Appointments

Regents approved dozens of personnel actions at the meeting – only a few were highlighted. Doug Strong, CEO of the UM Hospitals and Health Centers, was re-appointed for a second five-year term. Marie Lynn Miranda was appointed as dean of the School of Natural Resources and Environment, effective Jan. 1, 2012 through Dec. 31, 2017. Her appointment was announced in June, and she’ll replace outgoing dean Rosina Bierbaum, who will remain on the SNRE faculty.

A few of the other re-appointments of note include:

• Robert Axelrod, the Mary Ann and Charles R. Walgreen, Jr. Professor for the Study of Human Understanding in the College of Literature, Science, and the Arts, effective Oct. 1, 2011 through Sept. 30, 2016.
• Jim Baker, Jr., the UM Medical School’s Ruth Dow Doan Professor of Biologic Nanotechnology, effective Sept. 1, 2011 through Aug. 31, 2016.
• Paul Courant, professor of information at the School of Information, effective Sept. 1, 2011 through Aug. 31, 2016.
• Howard Hu, chair of the Dept. of Environmental Health Sciences, and NSF International Department Chair of Environmental Health Sciences in the School of Public Health, effective Sept. 1, 2011 through Aug. 31, 2014.

At the July 18 meeting, provost Phil Hanlon also drew attention to the appointments of four faculty members as distinguished professors:

• Richard Janko, Gerald F. Else Distinguished University Professor of Classical Studies, College of Literature, Science, and the Arts;
• Gordon L. Kane, Victor F. Weisskopf Distinguished University Professor of Physics, College of Literature, Science, and the Arts;
• Miriam H. Meisler, Myron Levine Distinguished University Professor of Human Genetics, Medical School;
• Terry E. Robinson, Elliot S. Valenstein Distinguished University Professor of Psychology and Neuroscience, College of Literature, Science, and the Arts.

Outcome: Without discussion, regents approved appointments, re-appointments and promotions as part of their consent agenda.

Conflict of Interest Disclosures

Regents were asked to sign off on 10 items that required disclosure under the state’s Conflict of Interest statute. The law requires that regents vote on potential conflict-of-interest disclosures related to university staff, faculty or students. Often, the items involve technology licensing agreements or leases.

This month, the list included purchase-of-service, research and licensing agreements, among other items. The disclosures related to the following companies and individuals: Monkey Shavers Productions, Arbor Research Collaborative for Health, Melisa Schuster, Sakti3 Inc., Reveal Design Automation Inc., 3D Biomatrix, Edington Associates, and NanoBio Corp.

The NanoBio item relates to an amendment to the existing licensing agreement between the firm and the university, adding another technology – “nanoemulsion vaccines” – to the agreement. The conflict of interest disclosure arises from the fact that Jim Baker Jr., a UM professor and director of the Michigan Nanotechnology Institute for Medicine and Biological Sciences, is also an owner and director of NanoBio. Earlier in the meeting, regents had also approved Baker’s re-appointment as the Ruth Dow Doan Professor of Biologic Nanotechnology.

There was no discussion on these items, other than a question from regent Andrea Fischer Newman, who wanted to know what a Monkey Shaver was. Tim Slottow, the university’s chief financial officer, told her it’s the name of a video production company.

Outcome: Regents approved all 10 items related to conflict of interest disclosures.

Depression Center Update

Only one presentation was on the agenda for the July 18 meeting: A briefing by John Greden, director of the UM Depression Center.

Greden began by telling regents that ”basically, you got us here.” In 2001, the board had authorized formation of the nation’s first comprehensive depression center – five of the eight current regents were also on the board at that time. [Those regents are Larry Deitch, Libby Maynard, Andrea Fischer Newman, Martin Taylor and Kathy White.] Greden then introduced about a half-dozen people affiliated with the center who’d come to the July 18 meeting, including former Detroit Lions quarterback Eric Hipple, the center’s outreach coordinator.

An estimated one in six people experience clinical depression, Greden said – it’s one of the leading afflictions, along with cardiovascular disease and cancer. To address it, an interdisciplinary, comprehensive center of excellence was proposed with five aims, he said: (1) find people who are suffering as early as possible, (2) develop better treatments, (3) develop strategies to maintain wellness after someone has been successfully treated, (4) overcome depression’s stigma, and (5) build a national network, analogous to the national network of cancer centers.

One of the first steps was to put the word “depression” in the center’s name, which Greden characterized as a bold move. He believed it had achieved the goal of helping to de-stigmatize the illness, and positioned UM as the leading voice in public policy on the issue.

In 2006, the center’s new building opened on Plymouth Road, on the UM Health System’s east medical campus. Greden described it as the antithesis of depression – bright and open, with lots of natural light. The center started with 70 people in related fields on campus. Today, 151 people are involved in the center from over 30 departments campuswide. Greden said he stole a quote from Mary Sue Coleman, who has said that rather than “publish or perish,” the new priority mandate is to “partner or perish.” Greden said, ”I think we’re doing it quite well.”

Greden described a variety of programs at the center. The Prechter Bipolar Genetic Repository – one of the largest collections of DNA samples from people diagnosed with bipolar disorder – is housed at the center. Other efforts include screenings for depression among pregnant mothers, and partnerships with K-12 schools to help identify students suffering from depression – it’s the third leading cause of death among high school students, and the second leading cause among college students, he said. The center has also developed programs for veterans and athletes.

The center has been successful in raising research funds as well as philanthropic donations, Greden said. And they’ve accomplished one of their boldest goals – creating a national network of depression centers (NNDC), with more than 20 members. The UM center houses a data sharing/coordinating center for that network, he said. Now six Canadian centers are interested in joining the NNDC as well, or forming their own network. So the original goal is no longer a dream, Greden said – it’s real, it’s powerful, and Michigan made it come alive.

“We are making a difference, but there’s so much left undone,” Greden told the regents. As the stigma of depression is overcome, that creates a greater demand for treatment, he noted. The need to partner is great, and the center will use its 10th anniversary to build on what’s already been accomplished. ”Thank you for helping us start it,” he said.

Depression Center Update: Regent Discussion

Several regents praised the center and Greden’s vision. Julia Darlow asked what the board could do for the center. Greden said he’d been talking with Ora Pescovitz, CEO of the UM Health System, about the possibility of a fundraising campaign – they’re working through the early stages of that, he said. The regents can be voices of support for the center, he said, and could play pivotal roles in a campaign. He’d be returning with specifics at a later date, he said.

Libby Maynard said there’ve been times when someone she knows has needed help for depression, and she’s been frustrated that there was resistance to seeking treatment. What’s the best way for someone like her, a lay person, to assist a person who’s suffering from depression?

Greden described that as a complicated and important question that’s not easily answered. It’s a situation in which only limited resources are available to meet what seems like unlimited demand, he said. There’s nothing worse than for someone who’s suicidal to call for help, only to be told that there’s a six-week waiting list. “We’re struggling with that,” he said. Depression is an illness, and it can be treated, Greden said. Everyone needs to be open about it – UM can be very proud of its leadership, but there’s still a need to overcome the remaining stigma associated with depression.

Denise Ilitch told Greden the center is making a difference in the community, and she urged him to return to tell the board and the public about how they can contribute to the center’s efforts. She also noted that Larry Deitch, who could not attend the meeting, had wanted her to communicate his support for Greden and the center. Deitch called Greden a visionary and a saint, Ilitch said.

Committee Assignments

Denise Ilitch, who was elected chair of the board at the regents June 16, 2011 meeting, announced assignments for the coming year to the board’s three committees:

• Personnel, compensation and governance committee: Martin Taylor (chair), Denise Ilitch.
• Finance, audit and investment committee: Kathy White (chair), Libby Maynard, Andy Richner.
• Health affairs committee: Julia Darlow (chair), Larry Deitch, Andrea Fischer Newman.

Regent Martin Taylor.

One member from each committee gave a relatively brief summary of the meetings they’d held earlier that day – primarily mentioning the topics they’d discussed, and who had attended. The report by Darlow was somewhat longer, focusing not on the committee meeting itself, but rather on the role of the committee and its future work.

She noted that it was formed just a year ago, and she thanked Larry Deitch for chairing it for the past year. The committee was established to focus on the university’s health system – patient revenues account for 45% of all UM operating revenues, she noted. Because of that large scope and the range of issues that the health system faces, committee meetings will likely often involve the entire board, Darlow said.

Some of the issues they’ll tackle include assessing market conditions and forecasting trends as health system administrators develop a strategic plan. Regulatory issues will also be an important topic in the coming year. She commended the staff for the recent 14th place ranking by U.S. News & World Report magazine in “America’s Best Hospitals.” Darlow gave special thanks to Ora Pescovitz, UM executive vice president for medical affairs and CEO of the UM Health System, and Doug Strong, CEO of the UM Hospitals and Health Centers. But she also praised the health system’s nurses, doctors, greeters, aids, billers – everyone throughout the system who cares about patients and makes everything work so well, she said.

Pescovitz also spoke briefly about the U.S. News & World Report ranking, calling it wonderful news and noting that in fact UM had tied with Vanderbilt. UM had also ranked nationally in all 16 specialty areas, she said – of the 4,825 hospitals in country, only 140 get ranked in even one specialty. So to be ranked in all 16 is really significant, Pescovitz said. UM has been named to this ranking for 17 consecutive years.

Regent Andrea Fischer Newman wondered why UM wasn’t first in the ranking. Pescovitz replied that regionally, UM was ranked No. 1 in metro Detroit – in previous years, Washtenaw County hadn’t been considered to be part of the Detroit region, Pescovitz said. UM was the only Michigan institution to make the national ranking.

UM president Mary Sue Coleman described the results as a stunning achievement.

Also related to health system issues, later in the meeting Taylor told his colleagues on the board that because of his position as a director of Blue Cross Blue Shield of Michigan, he’d had a conversation with the university’s general counsel about possible conflicts of interest he might have when issues arise related to UM’s health system. He said he wanted to keep the issue at the forefront and be mindful that he might need to recuse himself from time to time, if that’s deemed appropriate. There was no additional discussion on the topic.

Michigan Student Assembly Report

DeAndree Watson, president of the Michigan Student Assembly, listed several events and activities planned for the coming academic year. [.pdf of full MSA report] Several events are planned for Sept. 5-9, the week before classes begin – including a Day of Reflection to promote student activism, and a Gayz Craze event on Sept. 5 to welcome incoming students in the LGBT (lesbian, gay, bisexual, and transgender) community.

MSA is also hosting an alcohol-free tailgate for the Sept. 10 Michigan-Notre Dame football game, and will participate in a farmers market at the Michigan Union on Sept. 14 to promote healthier meal choices and encourage students to buy locally grown food. Watson also told regents that MSA leaders are working to make the organization more of a service-oriented body, serving as a direct link between the students and the university administration. As part of that, MSA executives will be establishing relationships with their university administrative counterparts, “to represent students in all relevant university initiatives, and to be educated about them,” he said.

Public Commentary

Only one person spoke during public commentary.

Dan Benefiel of Ypsilanti Township, who had addressed the regents at their meeting in June, returned to make additional points about the university’s relationship with China. He said he’s not an enemy of UM – he’s been a fan of the university since he was little. But he’s heard university officials talk about globalism in a positive way, he said, and as a member of the Willow Run Tea Party Caucus and the Washtenaw County Republican Party executive committee, he wanted to go on record as opposing that view.

Dan Benefiel, a member of the Willow Run Tea Party Caucus and the Washtenaw County Republican Party executive committee, spoke during public commentary against UM's involvement with China.

He likened China’s involvement with America as a Trojan Horse, and compared the economic union of the U.S. and the communist nation to the marriage between Peleus and the sea goddess Thetis. China threatens the world economy by buying American debt, stealing industrial and high tech property and trade secrets, violating international law and engaging in cyber terrorism, he said.

But the mindset of many U.S. leaders is that China is our friend, he noted. Under this view, Benefiel said, “China is a sweet cuddly Panda who couldn’t hurt anyone and we must all rethink the ‘us’ vs. ‘them’ attitudes of the past and see the world ‘globally.’ Major industries in the U.S. today no longer see themselves as American first … Shame on all of us who have this attitude!” he said.

In particular, China is targeting university campuses as a way to gain technical information that the U.S. government has enjoined from being exported. “There is coming a day soon when every university president must face the reality that the out-of-state tuition monies and monies from foreign governments and huge government research grants will be endangered if connections are found between foreign entities such as the Chinese military/government and foreign students enrolled who are found to be spying out illicit technologies, Benefiel said. He concluded by saying he wants to prevent the “Trojan Horse of China” from “unleashing its unsavory minions” on America.

When Benefiel’s public commentary concluded, Coleman said, “And with that, we’ll see you in September!” The board does not meet in August.

Present: Mary Sue Coleman (ex officio), Julia Darlow, Denise Ilitch, Olivia (Libby) Maynard, Andrea Fischer Newman, Andrew Richner, Martin Taylor.

Absent: Larry Deitch, Kathy White.

Next board meeting: Thursday, Sept. 15, 2011 at 3 p.m. at the Fleming administration building on UM’s central campus in Ann Arbor. [confirm date]

This month, the items included purchase-of-service, research and licensing agreements, among other items. The disclosures related to the following companies and individuals: Monkey Shavers Productions, Arbor Research Collaborative for Health, Melisa Schuster, Sakti3 Inc., Reveal Design Automation Inc., 3D Biomatrix, Edington Associates, and NanoBio Corp.

This brief was filed from the regents meeting in the boardroom of the Fleming administration building on UM’s Ann Arbor campus. A more detailed report will follow: [link]

This month, the items included six lease agreements, 11 licensing agreements and three research agreements with various companies, including several based in Ann Arbor.

This brief was filed from the regents meeting at the Fairlane Center on UM’s Dearborn campus. A more detailed report will follow: [link]

Al Taubman, who recently donated $56 million to fund medical research at UM, is flanked by his wife Judy Taubman, right, and Eva Feldman, a UM neurology professor and director of the Taubman Medical Research Institute. Seated behind them is Kellen Russell, who won a national championship in wrestling and was also recognized by regents at their April 21, 2011 meeting. (Photos by the writer.)

The donation – to fund work at UM’s Taubman Medical Research Institute – brought his total gifts for that institute to $100 million, and his total overall UM contributions to more than $141 million. He is the largest individual donor to the university.

In conjunction with this latest gift, regents approved the renaming of the Biomedical Science Research Building – where the institute is housed – in honor of Taubman.

In thanking Taubman, board chair Julia Darlow called his gift transformative, and noted that his name has been “stamped” on the university in many ways – at the Taubman College of Architecture & Urban Planning, the Taubman Gallery at the UM Museum of Art, Taubman Health Care Center, Taubman Health Sciences Library, and the Taubman Scholars program, among others. Though he did not complete a degree, Taubman did study architecture at UM and has been involved with the institution for decades.

The real estate developer, who’s widely credited with popularizing the modern shopping mall, is not without controversy. Taubman maintains his innocence, but the former owner of Sotheby’s auction house served about nine months in federal prison in 2002 for an anti-trust conviction related to a price-fixing scheme with Christie’s, a major competitor. At the time, university officials stood by him in the face of calls to remove his name from UM buildings.

In addition to announcing Taubman’s most recent gift, the regents handled a variety of other items during their April meeting. They unanimously approved an extension of the maximum allowable tenure probationary period to 10 years, and before voting heard from several UM faculty members on both sides of the issue. Regents also approved several million dollars in infrastructure projects, as well as a new degree program in health informatics.

Chris Armstrong, who made national news after being harrassed by a former state assistant attorney general, gave his last report as outgoing student government president and was thanked by university executives for his leadership. Regent Libby Maynard told Armstrong he’d helped all of them grow during the year.

And during the time set aside for public commentary, students and staff raised several issues, including negotiations with the nurses union, campus sustainability efforts, and a proposal to partner with an Israeli university for study abroad.

Agenda Addition: Al Taubman

Media had been alerted earlier in the week that an agenda item would be added at the start of the April 21 regents meeting, featuring news that involved a prominent individual – no additional details were provided. That individual turned out to be Al Taubman, a familiar name to the university because of major donations he’s made in the past.

Taubman, his wife Judy Taubman and Eva Feldman – a UM neurology professor, director of the Taubman Medical Research Institute, and Taubman’s personal physician – were among those on hand when UM president Mary Sue Coleman called Thursday’s meeting to order.

Speaking with difficulty through a hoarse voice, Coleman began by describing Taubman as a thoughtful, dedicated and driven supporter of the university for many years, always wanting his alma mater to excel. [Taubman received an honorary doctorate of law degree from UM in 1991.] She cited several UM units that have benefited from his support, including the UM health system, the museum of art, the College of Literature, Science & the Arts, and the Taubman College of Architecture & Urban Planning.

“Today he is once again moving Michigan forward,” Coleman said, extending his long-standing support with an additional gift of $56 million. At that, the regents and others attending the meeting gave Taubman a standing ovation.

Coleman continued, saying the gift brings his total donation for the Taubman Medical Research Institute to $100 million. The funds will allow UM’s scientists to conduct high risk research, with potentially high rewards, into some of the most terrible diseases that anyone has experienced, she said, like Lou Gehrig’s and other neurodegenerative diseases. As a university president, a scientist, and someone whose family has been affected by such a disease, Coleman said Taubman’s gift will make a tremendous difference, and she expressed deep gratitude to him for making it.

Six of the eight regents made additional remarks. Julia Darlow, the board’s chair, called Taubman a true Michigan man, noting that he grew up in Michigan, studied at the university, and based his business in this state. She thanked him for his “life-changing gift,” saying “your generosity will save lives – we are certain of that.” Darlow also thanked Taubman for sharing his time, advice, energy and leadership with the university, citing many of the other UM programs and institutions he has supported over the year. The Taubman name “has been stamped on this university,” she concluded, saying that they are forever grateful for that.

Al Taubman and Eva Feldman in the lobby of the regents boardroom prior to the start of the April 21, 2011 meeting. In the background is a photo of regent Andrea Fischer Newman.

Denise Ilitch noted that she’s known Taubman for a long time, and said she was thrilled by his gift. In particular, she expressed excitement for the potential that the institute’s stem cell research promises, noting that her family has also been affected by the diseases that the research hopes to cure. “You are a rock star!” she said, adding that her family – which owns the Detroit Red Wings and Detroit Tigers – typically celebrates by doing a cheer: “Wooo!”

Saying he’d recently met one of his boyhood heroes, Larry Deitch said it was great to honor one of his adult heroes as well. Taubman’s gifts have enriched the life of this state, Deitch said. He highlighted Taubman’s previous gifts to support stem cell research at the university, saying it was something an entrepreneur would do.

Andrea Fischer Newman told Taubman that he’d put the university on the map with this gift, making them a power to be reckoned with. Because of it, they’ll be able to retain the scientists they have, and attract new ones for generations to come. He’s done more for this institution than anything they could ask for or hope for, she said, “and we appreciate it.”

Andrew Richner also thanked Taubman, saying that as a lifelong Michigander, “I can’t imagine the state of Michigan without the Taubman family.”

Martin Taylor thanked Taubman for stepping in to support a critical area of research at a time when there are so many forces working against it.

Coleman told Taubman that Ora Pescovitz, who leads the University of Michigan Health System, was unable to attend the meeting, but had videotaped some remarks, which were then played.

Taubman came to the podium and thanked the regents and Coleman for their kind words and recognition, saying it was his honor to support the university. He thanked the people who had encouraged him to donate, including Bob Kelch, the former UM executive vice president for medical affairs.

He recalled that 35 years ago, then-governor Bill Milliken had asked him to serve on a committee for building a new hospital at UM. He said Milliken had asked him because he’d complained about their plans to tear down the old hospital, which had been designed by the renowned architect Albert Kahn. Milliken had told him to figure out a way to save the old building, or help build a new one. Taubman said they’d ultimately chosen the latter course, and that the last time he’d attended a regents meeting it was to plead the case for an accelerated construction schedule for that hospital – it had been completed on time and under budget, he noted.

Taubman also recalled meeting Eva Feldman, who years ago had agreed to be his personal physician and more recently had sold him on the idea of new research using embryonic stem cell therapy. At the time, it was illegal to conduct such research in Michigan, he said, so they opened a lab in La Hoya, California. About three years ago, he said he also spent several million dollars to fund a campaign to change Michigan’s restrictive laws regarding stem cell research. After Michigan voters approved a 2008 referendum to legalize embryonic stem cell research, Taubman said they moved the lab back to UM. The research holds potential for curing some of the most devastating diseases, he said, “and that’s what today’s announcement is all about.”

Members of The Friars, a student a cappella men's group, delivered a rendition of "The Victors."

Taubman received another standing ovation after concluding his remarks. Coleman then introduced a supplemental agenda item to rename UM’s Biomedical Science Research Building in honor of Taubman. The building, which opened in 2006, houses the Taubman Medical Research Institute and is located at 109 Zina Pitcher Place, off East Huron just before it curves into Washtenaw Avenue. With no discussion, the regents unanimously approved the name change.

Capping off this portion of the meeting, the eight betuxed members of The Friars, a student a cappella men’s group, entered the room and delivered a full rendition of “The Victors,” UM’s fight song. They were joined during the chorus by most of the people in the boardroom.

The board then took a recess, and Taubman was escorted to another room in the building for additional media interviews. The meeting reconvened after a roughly five minute break.

President’s Opening Remarks

Because UM president Mary Sue Coleman was hoarse and had difficulty speaking, Sally Churchill – vice president and secretary to the university – delivered Coleman’s prepared opening remarks. She highlighted several recent achievements by UM athletes. The men’s and women’s gymnastics programs each won NCAA championship all-around titles – Kylee Botterman took the women’s title, and Sam Mikulak won the men’s. Botterman attended the regents meeting with her coach. Also attending Thursday’s meeting was Kellen Russell, who won an NCAA national championship in wrestling. His coach, as well as athletic director David Brandon, came to the meeting as well. Regents gave the student athletes a round of applause.

Continuing Coleman’s prepared remarks, Churchill also noted that commencement ceremonies would be held in less than two weeks, and they welcomed Gov. Rick Snyder as the keynote speaker. [The choice of Snyder has been criticized by some students, including three who spoke at the regents March 17 meeting in Detroit. One of those students, Richard Durrance, presented regents with a petition with more than 4,000 student signatures, protesting Snyder’s selection as commencement speaker in part because of budget cuts he has proposed to K-12 and higher education. A rally against those cuts is planned for the morning of commencement, on Saturday, April 30, starting at 8 a.m. at Pioneer High School.]

Students with Disabilities

Regents heard a presentation about the Services for Students with Disabilities (SSD) program, part of the UM division of student affairs. The program’s director, Stuart Segal, attended the meeting, but the presentation was given by three students who’ve taken advantage of those services.

Carrie Lofgren, a freshman, told regents that when she was searching for a university to attend, she looked for two things: (1) a rowing team; and (2) support services. Lofgren said she’s been diagnosed with dyslexia, and the other institutions she looked at – the University of Virginia and Brown University – lacked the support she needed. She was impressed with the Ross Academic Center, which provides academic support for student athletes, and since arriving at UM, the SSD staff has been there to help her manage her studies with a variety of resources. She’s used them to her fullest advantage, Lofgren said.

Brian Rappaport, a senior in public policy, said he found out about SSD services a bit late – when he was a freshman, he had to leave the university after one semester, because of issues related to his attention deficit disorder. Since returning, the SSD staff has been instrumental in his success, Rappaport said, primarily helping with time management. He said he hoped SSD could expand its peer mentorship program – that would have been valuable to him. Reflecting on this freshman year and his upcoming graduation, Rappaport thanked SSD staff for helping him reach his goal. “I couldn’t have done it without them.”

Edward Timke, a doctoral student in the department of communications, told regents that he’d just passed his preliminary exam – a milestone he wouldn’t have been able to reach without SSD. He was born without ear canals, and though they’ve been reconstructed, he is hearing disabled. Before he enrolled in UM’s doctoral program, he was concerned about how he’d be received, given his need for aid.

But Timke reported that his department has been willing to make accommodations, including services provided through SSD. He pointed out that during the regents meeting, he’d been able to follow the discussion because someone was there providing real-time captioning for him. Timke also said that thanks to GradCare, a medical insurance program for graduate students, he’d been able to receive a Phonak hearing aid implanted in his skull – without that insurance, he wouldn’t have been able to afford the device. He said he’s worried that with budget cuts, that insurance might not be available in the future.

Timke also noted that more can be done. He knows students who’ve faced both overt and covert discrimination on campus because of their disabilities, and some departments or faculty are reluctant to make accommodations. Some people also feel that disabled students get preferential treatment, he said – much more needs to be done to ensure there’s greater sensitivity to the needs of disabled students. They aren’t asking for a free ride, he said. Timke urged regents to support positive programs like GradCare and SSD, and to springboard off that to create an even better environment for students with disabilities.

After the presentation, board chair Julia Darlow thanked the students, and also highlighted the work of UM’s Council for Disability Concerns. She said she’d never seen a group so dedicated, and praised the local residents and faculty who served on it. Darlow introduced two members who attended the regents meeting – Anna Ercoli Schnitzer and Jack Bernard – and they received a round of applause. The amount that they contribute is truly unbelievable, Darlow said.

Tenure Extension

The board was asked to approve a change to Regents Bylaw 5.09 that would extend the maximum allowable tenure probationary period to 10 years. It has been set at eight years since 1944. The change does not impose the longer period, but allows faculty governing groups at UM’s various schools and colleges to extend it, if they choose.

From a memo accompanying the proposed revision:

The changing nature of scholarship, with its emphasis on interdisciplinary projects, more complex research models requiring the setting up of sophisticated equipment and laboratories, and increased regulatory and compliance requirements, increases the time necessary for completion and evaluation of initial research results. These factors, combined with the fact that many faculty members, especially those from two-career and single-parent households, find it increasingly difficult to balance their teaching and research commitments with family obligations, have led to the conclusion that a more flexible tenure probationary period is warranted.

Tenure Extension: Public Commentary

Seven faculty spoke during the meeting’s public commentary, most of them in support of the change. Regents had previously heard from faculty – most of them from the UM Medical School – at their Feb. 17, 2011 meeting.

Ed Rothman, chair of the Senate Advisory Committee on University Affairs (SACUA), urged regents to postpone a decision on extending the tenure timeline.

Ed Rothman – chair of the Senate Advisory Committee on University Affairs (SACUA), the faculty governance body – began by saying that this is a difficult issue, and people on both sides are well-intentioned. He cited several concerns with the change, including the likelihood that allowing a longer time to make a decision on tenure will result in taking longer to make a decision, adding the stress of an increased wait. It’s also unclear if they’re treating the problem or a symptom, he said. If the workload is too heavy, should the answer be to lengthen the time to achieve tenure, or lighten the workload? The university can’t afford to be divided on this issue, he said, and SACUA opposes the change, as does the majority of the Senate Faculty. He requested that regents hold off on a vote until a more agreeable solution can be found.

Ben Allen also urged regents to postpone their vote. He is an assistant professor in the medical school – he noted that he works in the building that’s being renamed in Taubman’s honor – and his initial reaction was to see the change as positive. As the father of two little girls, he appreciated the concern for balancing work and personal life. However, he’s come to believe that the change will in fact hinder the success of junior faculty. One concern is that faculty seeking tenure would be held to higher standards if they take longer. And simply providing more time to achieve tenure isn’t helpful without also providing resources to support achieving it, such as increased startup funds for research and opportunities for promotion. Allen said he believes the changes are being proposed sincerely as being in the best interest of junior faculty, but he urged regents to postpone action until other measures are taken as well.

Abby Stewart, a professor of psychology and women’s studies, spoke in favor of the extended tenure. She cited the diversity of family circumstances as a reason for adding flexibility to the process. Over the past 25 years, she said, people have come to her for advice about how to pursue their academic careers in the wake of complex demands in their personal lives. Stewart gave examples of people dealing with special needs children, care for elderly parents, and long-term illnesses. Other problems relate to challenges at the university – for example, when renovations at a lab prevented a researcher from using that space for an extended period. Fifty years ago, Stewart said, the current tenure timeline was adequate. But now, flexibility is needed. She said it’s unlikely most schools and colleges will change their policies, but for those that need it – like the medical school – they should have that option.

Three faculty from the medical school – David Bloom, chair of the medical school’s department of urology; Kathleen Cooney, chief of the division of hematology/oncology; and Chris Dickinson, chief of pediatric gastroenterology – also spoke in support of the change.

Rob Salmond, an assistant professor of political science, gave a poignant description of the medical challenges faced by his daughter, who was born with birth defects requiring five open heart surgeries. He and his wife, who is also in UM’s political science department, split their time staying by her bedside in the hospital, he said, but despite the efforts of the medical staff, their daughter died two months ago. Salmond said he had selfish reasons for asking regents to extend the tenure timeline, but that it would benefit many more untenured faculty as well. He urged them to approve the change.

Tenure Extension: Staff and Regents

Sally Churchill, vice president and secretary to the university, described the various ways that this proposal has been publicized, and how feedback had been solicited from faculty groups. The proposal was posted in The University Record, and more than 100 comments in response to that posting were overwhelmingly in support of it, she said.

Provost Phil Hanlon told regents that their vote would itself not change the tenure process, nor would it affect the university’s strong commitment to tenure. All that’s being requested is a change in the upper limit of time allowed to complete tenure – a timeline that’s set by the governing faculty at each academic unit. The need has arisen from people’s experiences on campus, he said, including the increasing complexity and nature of their scholarship, and the need to balance work and family.

This change was first proposed in 2006, Hanon said, and there’s been vigorous debate about it. He noted the concerns raised by Ben Allen about unintended consequences, and said he plans to convene a committee to advise him on how to monitor and provide oversight if a college or school decides to extend their tenure timeline.

Regent Kathy White clarified that the change merely increases the maximum number of years that schools and colleges can set for their tenure timeline. She confirmed with Hanlon that the decisionmakers would be faculty or members of committees elected by the faculty, and that the administration would not be picking faculty of their choosing to make these decisions.

Regent Julia Darlow, the board’s chair, said there’s been some misunderstanding on this issue, but that there had been an excellent and thorough discussion. “I do think the time has come,” she said.

Outcome: Regents voted unanimously to extend the maximum allowable tenure probationary period to 10 years. Regent Larry Deitch left the meeting before this vote.

Michigan Student Assembly: Changing of Guard

This was the last regents meeting for Chris Armstrong, outgoing president of the Michigan Student Assembly, UM’s student government group. Royster Harper, vice president for student affairs, thanked Armstrong for his leadership during a challenging year. He represented himself and the university well, she said, and persisted when everyone else would have understood if he did not. He has a “teachable spirit,” Harper said, noting there were many occasions to see that in evidence.

Chris Armstrong, outgoing president of the Michigan Student Assembly.

[Harper was alluding to the fact that Armstrong was the subject of attacks last year by former state assistant attorney general Andrew Shirvell. Shirvell kept a blog – the “Chris Armstrong Watch” – which criticized Armstrong for his openly gay lifestyle and “radical homosexual agenda.” The situation received national media attention, and Armstrong ultimately filed a lawsuit against Shirvell earlier this month, accusing him of stalking and inflicting emotional distress.]

Armstrong received a round of applause from regents before giving his final report to the board. “It has certainly been quite a year,” he said. He highlighted several MSA accomplishments during his tenure, including renewing a car service for student service groups, starting an online forum for students to petition the university, changing the housing policy for transgender students, and hosting a concert for students, to mark the 50th anniversary of the Peace Corps. “It’s been an honor for me to represent that work to you all,” he told the regents.

Regent Libby Maynard told Armstrong he’d helped all of them grow during the year. He’s been instrumental in making them better people, she said.

Armstrong then introduced the new MSA president, DeAndree Watson. Watson, a junior, said that Armstrong’s work has set a foundation for the coming year. He outlined several goals for his administration, including the desire to increase interactions with local, state and national officials. Noting that UM has a history of being a hub for student activism, Watson said he hoped to make MSA more of a resource for student activists by creating a fund to support those efforts, as well as an online database to share information and help student groups collaborate.

Infrastructure Projects

Regents approved several infrastructure projects at Thursday’s meeting, totaling more than $21 million.

Infrastructure Projects: Information Technology

Two items related to information technology (IT) infrastructure, totaling $8.9 million. Regents authorized a $2.7 million annual maintenance and replacement program for information and technology services in fiscal 2012. The program includes three major projects: (1) replacing the networking infrastructure for UM’s data network in campus buildings; (2) replacing the Northwood Housing network infrastructure; and (3) making upgrades to campus voice systems.

Regents also approved construction of a $6.2 million data center on the north campus, located near the UM Transportation Research Institute. The facility – which UM’s chief financial officer, Tim Slottow, described as an “ecopod” – is being built in response to increased demand for research computing and data storage capacity.

Laura Patterson, UM’s associate vice president and chief information officer, spoke briefly about the project, saying it’s part of an effort to consolidate the university’s 180 server rooms into a much smaller number of data centers, which would save about $1.3 million in annual operating costs. It will be a pre-manufactured facility, she said, delivered by semi-trailer truck and placed on a concrete slab. Smaller than the size of the regents boardroom, it will be much more efficient than a traditional data center, Patterson said.

Integrated Design Solutions LLC is the project’s designer. Construction is expected to be finished by the spring of 2012.

Infrastructure Projects: Michigan Memorial Phoenix Lab

Regents also authorized staff to issue bids and award construction contracts for an $11 million renovation and addition at the Michigan Memorial Phoenix Laboratory, which houses the Michigan Memorial Phoenix Energy Institute. The project includes renovating about 10,000 square feet of lab space for energy-related research, and building a 10,000-square-foot addition for administrative functions. Regents approved the schematic design at their September 2010 meeting.

Infrastructure Projects: Orthotics & Prosthetics Center

Finally, regents approved a $1.3 million renovation to the UM Orthotics and Prosthetics Center, located at the Eisenhower Corporate Park West facility. The project will renovate roughly 12,500 square feet, resulting in a higher-capacity clinic space and expanded laboratory area with accommodations for new programs. Ann Arbor-based A3C Collaborative Architecture will design the project, which is expected to be complete by the spring of 2012.

Conflict-of-Interest Disclosures

Without comment, regents authorized 12 items that required disclosure under the state’s Conflict of Interest statute. The law requires that regents vote on potential conflict-of-interest disclosures related to university staff, faculty or students. The items often involve technology licensing agreements or leases.

An item involving a lease agreement with Lycera Corp. was withdrawn. Sally Churchill, vice president and secretary of the university, indicated that the agreement wasn’t yet completed. The company is planning to occupy 14,134 square feet of laboratory and office space in Building 26 at the North Campus Research Complex (NCRC) – the former Pfizer site on Plymouth Road.

Items approved were related to the following companies, organizations and individuals: (1) InSight Photography; (2) Camp Doc; (3) ElectroDynamic Application Inc.; (4) Holbrook Design; (5) Jeannette Routhier; (6) Baker-Calling Inc.; (7) Cytopherx; (8) MEMSTim; (9) NextGen Metabolomics Inc.; (10) Silicon Kidney; (11) Soar Technology Inc.; and (12) Vortex Hydro Energy LLC.

Academic Items: Courant Reappointed, New Degree OK’d

Provost Phil Hanlon highlighted the reappointment of Paul Courant as university librarian and dean of libraries, from Feb. 29, 2012 through Aug. 31, 2013. He said he wanted to get more time from Courant, but that’s all he would agree to. Courant is nationally recognized as a thought leader, Hanlon said, especially in the field of digitization. [As an example, Courant is among the leadership of the Digital Public Library of America (DPLA) effort, which also includes Ann Arbor District Library director Josie Parker.]

Later in the meeting, regents were asked to approve a new joint master’s degree and graduate certificate program in health informatics. The degree, to be offered at UM’s Ann Arbor campus, is a two-year program of the School of Information and the School of Public Health. Hanlon told regents that there’s a need for training in health care technologies, and that students have expressed interest in pursuing this course of study. The target date to enroll the first graduate certificate students is the fall of 2011, with enrollment of the first master’s degree students in the fall of 2012.

Regental, Academic Calendars

Regents approved two calendars during their meeting: (1) their meeting schedule for 2012; and (2) the university’s calendar for the 2013-14 academic year.

Regarding the academic calendar, it appears that the 2014 spring break might not coincide with the break for Ann Arbor Public Schools. A memo provided to the regents stated that the university’s spring break in 2014 will run from March 1 through March 9. From the memo: “We have communicated with the Ann Arbor Public School District, which in the past often tried to schedule a winter break that coincides with the UM academic calendar. We have been informed that new state requirements will mean that AAPS is unlikely to have much flexibility about when its breaks are set.”

Washtenaw Community Health Organization

Regents took two actions related to the Washtenaw Community Health Organization (WCHO), a partnership between Washtenaw County and the UM Health Systems. The partnership focuses on providing services to children and adults with mental or emotional health disorders, substance abuse problems or developmental disabilities.

Each institution appoints six members to the board. In action taken on Thursday, regents reappointed two members to WCHO’s board of directors, to represent the university: (1) Martha Bloom, vice president of the Ann Arbor Area Community Foundation; and (2) Jerry Walden, who founded and directed Packard Clinic until his retirement in 2007. Both members will serve terms from April 1, 2011 through March 31, 2014.

Also at the April 21 meeting, regents approved several changes to the WCHO bylaws. Among the changes include: (1) removing language for the UMHS to provide money for physical health services; (2) providing for the executive committee to act on behalf of the board and for actions to be reported to the full board at its next meeting; and (3) removing Washtenaw County as the fiscal agent for the WCHO. UM’s Hospitals and Health Centers executive board approved these revisions at its March 28, 2011 board meeting. The county board of commissioners approved the bylaws without discussion at its March 2, 2011 meeting.

Public Commentary

Five people spoke at the end of Thursday’s meeting on items not related to the agenda.

Public Commentary: Family Housing Language Program

Debbie Green, an Ann Arbor resident, talked about the decision to eliminate the family housing language program, which provided English classes and community support to families of international students living at Northwood Community Apartments, on UM’s north campus. Green said she taught with the program for five years in the 1980s, and found it to be popular and effective. The other main English as a Second Language program in Ann Arbor is located 40 minutes away by bus from Northwood and doesn’t offer the range of classes that were previously offered at UM, Green said. She noted that the university has stated that it wants to provide more opportunities for American students to interact with the foreign community at Northwood, but the needs of foreign families are being ignored. If the university is less welcoming to foreign students, they risk losing the tuition, diversity and expertise of that group, she said.

Regent Andy Richner asked for an explanation about the decision. Royster Harper, UM’s vice president for student affairs, said she’d follow up.

This message is posted on the program’s website:

The Northwood Community English Language Program is not offering English classes during the Winter 2011 semester.

We are currently refocusing our resources to provide programming that will serve a larger number of University Housing residents. Instead of our traditional English language classes, over the next several months, we will develop programs that serve the interests of Northwood’s international population as well as U-M student and faculty interest in international cultures and studies. The new programs may include collaborations with University academic units and cultural organizations to develop language mentorship opportunities for Northwood residents and their dependents. They will also engage Housing residents in global learning and cross-cultural initiatives.

Katie Oppenheim, chair of the University of Michigan Professional Nurse Council, spoke during public commentary at the April 21, 2011 regents meeting.

Public Commentary: Nurses Union

Katie Oppenheim, chair of the UM Professional Nurse Council, told regents that the union started contract negotiations with the university last week. The union’s roughly 4,000 members are fortunate to be working at an institution that’s prospering, she said, and the university is well-positioned so that the union’s members can provide the highest quality patient care. Part of that means that nurses need control over their nursing practice, and all that it entails, Oppenheim said. Nurses must have the resources they need to provide excellent patient care, and she hoped they could count on the regents’ full support.

After the commentary, regent Andrea Fischer Newman noted that Oppenheim had been her nurse when she delivered her son 15 years ago.

Public Commentary: Sustainability

Devi Glick spoke about the university’s sustainability efforts. Despite some positive steps, such as creating the Office of Campus Sustainability, she said UM is not a leader in pushing for environmental and social sustainability. She cited several examples where UM fell short, such as valuing aesthetics more than recycling efforts when asked to place recycling bins on the Diag, and in its drive for growth. “The university can become better without becoming bigger,” she said. Glick said she wasn’t encouraging unrealistic goals, but she urged regents to be bold. Achieving 90% of an ambitious goal is far better than attaining 100% of an unambitious goal, she said.

Public Commentary: Studying in Israel

Two students – Julie Sherbill and Laura Katsnelson – talked about why UM should establish a partnership with an Israeli university, allowing students to study abroad in that country. UM has a policy against setting up university-supported study abroad programs in any country with a travel warning – such a warning for Israel was issued by the U.S. State Department in 2001.

Sherbill told regents that they’ve collected over 1,000 student signatures in support of establishing a partnership with an Israeli university, proving that it’s a student-driven initiative. Resolutions in support were also passed unanimously by the Michigan Student Assembly and the student governing group for the College of Literature, Science & the Arts (LSA). Further, the action is also supported by U.S. Sen. Carl Levin, Sherbill said, as well as Deborah Dash Moore, director of the UM Frankel Center for Judaic Studies, and Liz Barry, managing director of the UM Life Sciences Institute.

Regent Andrea Fischer Newman noted that the regents addressed this issue at their Feb. 17, 2011 meeting. She asked provost Phil Hanlon for an update.

Hanlon reported that he’d met with the people responsible for UM’s study abroad programs, to better understand why the current policy is in place. It’s a risk issue, he said. For most countries on the list – including Israel, Kenya and Mexico – there are only certain parts of the country that are deemed dangerous. However, UM staff didn’t feel they had the in-house expertise to know which parts of each country would be safe. Hanlon said his staff has also contacted others in the Association of American Universities to see what their policies are, and have talked to representatives from Michigan State University and the University of Wisconsin, which both allow study in Israel, to see how they assess risk.

Mark Tessler, vice provost for international affairs, has set up a small group to look into this issue, Hanlon said, adding that he strongly urged Tessler to provide a recommendation to regents in May.

Newman said she understood UM’s policy, but suggested that they consider looking at countries individually, rather than taking a one-size-fits-all approach. She said she’s very familiar with travel warnings issued by the State Department – Newman is senior vice president-government affairs for Delta Airlines. The government can only pay for dependents of federal employees to leave the country if a travel warning is in effect, she noted, so that should be taken into account. There’s also a difference between travel warnings and travel advisories, she said – that should be looked at as well.

Newman asked how long it would take to put the policy into effect, assuming it were changed to allow study in Israel. Hanlon replied it depends on the type of mechanism they use to assess risk.

Regent Andrew Richner asked whether they would look at all countries with travel warnings, not just Israel. Hanlon said he expected any change would apply to all countries in that category.

Katsnelson then described what a partnership with Hebrew University in Jerusalem might look like. Specifically, the university’s Rothberg International School is experienced in partnering with American universities, she said. The director of academic affairs there, Janet Alperstein, has expressed interest in working with UM to establish a partnership. If liability and safety are concerns, UM can ask students to sign a waiver, Katsnelson said – a packet provided to the regents included a sample waiver used by Harvard University.

Present: Mary Sue Coleman (ex officio), Julia Darlow, Larry Deitch, Denise Ilitch, Olivia (Libby) Maynard, Andrea Fischer Newman, Andrew Richner, Martin Taylor, Kathy White.

Next board meeting: Thursday, May 19, 2011 at 3 p.m. at the Fairlane Center on UM’s Dearborn campus, 19000 Hubbard Drive. [confirm date]