County commissioner Yousef Rabhi, who was re-elected chair of the working session and successfully lobbied to keep public commentary time unchanged at those sessions. (Photos by the writer.)

Unchanged were the board officers – as is its custom, the board re-elected the same leaders from the previous year. Conan Smith retained his position as board chair, but did not use the meeting to continue the discussion he’d started in December regarding strategic planning for the county. Smith has proposed focusing county efforts on shoring up the county’s east side, an area that he has said is facing a “perfect storm of despair,” including high unemployment, low graduation rates and poor health.

Rather, the main action of the Jan. 4 meeting focused on significant changes regarding public commentary, as part of revisions to the board’s rules and regulations. The majority of commissioners voted to shorten the time available per speaking turn – from five to three minutes – and to eliminate one of two agenda slots for public commentary at its bi-monthly meetings. Commissioners Rolland Sizemore Jr., Ronnie Peterson and Felicia Brabec voted against the changes, but were in the minority.

Yousef Rabhi, who was re-elected chair of the working session, proposed an amendment to keep both public commentary slots in place at the working sessions. His amendment – which was supported unanimously by the board – also kept the five minutes alloted per speaker for public commentary at the working sessions.

An amendment to the rules proposed by Dan Smith was tabled. The change would give commissioners the option of abstaining from a vote. Wes Prater questioned the amendment, arguing that state law requires commissioners to vote on resolutions unless there’s a conflict of interest. It was eventually tabled until the second meeting in February, allowing the county attorney to research the legality of the proposed rule. In a follow-up query from The Chronicle, Smith indicated that he doesn’t intend to pursue the amendment.

Dan Smith was successful in another effort, however – an amendment he proposed to the board’s 2012 calendar. Commissioners voted to change the start time of working sessions to 6 p.m. and add the administrative briefing as the first agenda item. Previously, administrative briefings – held to review the board’s upcoming agenda – were held at 4 p.m. the week prior to a regular board meeting. It had been a difficult time of day for some commissioners, including Smith, to attend.

An issue not addressed at the Jan. 4 meeting was the status of the county’s negotiations with the Humane Society of Huron Valley. After the meeting, deputy county administrator Kelly Belknap told The Chronicle that the county had signed a one-month extension – at $29,000 – for HSHV to continue providing mandated animal control services for the county through January. The county’s previous contract with HSHV expired Dec. 31, and Belknap said negotiations continue to try to reach a longer-term agreement. Belknap said she was optimistic the two sides could reach a resolution, even if it required another temporary extension. Reached by email later in the week, HSHV executive director Tanya Hilgendorf indicated that she shared that optimism.

The Jan. 4 meeting was initially officiated by the Washtenaw County clerk, Larry Kestenbaum, who presided until the election of the board chair. Kestenbaum took the opportunity to give some tips on campaign finance reporting to commissioners and other potential candidates in the upcoming 2012 election. 

County Clerk: Tips for an Election Year

The Washtenaw County clerk – currently Larry Kestenbaum – leads the first meeting of each year for the board of commissioners, before officer elections are held.

Kestenbaum began the Jan. 4 meeting by noting that 2012 is an election year, and that all county commissioners and other county-level elected officials – including himself – would be up for re-election. The county has a fantastic roster of city and township clerks who’ll handle the process, he said, starting with the presidential primary in February.

There’s always tension between campaigning and governance, he said, adding that everyone around the board table had experience with that situation. [The exception would be Felicia Brabec, who was appointed to her seat in District 7 last October after the resignation of Kristin Judge.]

Washtenaw County commissioner Felicia Brabec (D-District 7) talks with county clerk Larry Kestenbaum before the Jan. 4, 2012 county board of commissioners meeting.

For anyone who’s running for office, Kestenbaum said he wanted to underline the importance of paying attention to campaign finance reporting, which is handled locally by his office. For example, he said, if a previous campaign has more than $1,000 in the bank, an annual statement is due at the end of this month.

Kestenbaum also clarified the reporting requirements for late contributions. If $200 or more is contributed to a campaign between the last campaign finance filing and the election, then it must be reported. This is the most frequently sanctioned violation of campaign finance law, he said. The fine accumulates daily, to a maximum of $2,000. Kestenbaum said that in the past, he has used his discretion and sometimes waived the fine. However, he said, he’s been informed that he doesn’t have the authority to do that.

Every time candidates file to run for office, they must sign a statement saying that they’re up to date with their campaign finance filings. If you haven’t reported some contributions, but sign the statement, you’re committing perjury, Kestenbaum said.

His final piece of advice related to a campaign’s treasurer. It’s possible for candidates to serve as treasurer of their own campaigns, “but it’s not a good idea,” Kestenbaum said. He added that he speaks with some experience on this issue, but did not elaborate.

[More information about campaign finance can be found on the county's website or on the state's campaign finance website. All commissioners have active campaign committees, as do several former candidates and candidates who have declared their intent to run in 2012. The latter category includes Democrats Andy Labarre and Christina Montague, who both plan to run for the seat in the new District 7, which covers an area on the east side of Ann Arbor, which is now represented by Democrat Barbara Bergman. Bergman is not seeking re-election.]

Officer Elections

Washtenaw County commissioners are elected to two-year terms, with elections for all 11 districts held in even-numbered years. [Redistricting, which was completed last year, will shrink the number of county districts to 9 for the upcoming election cycle and take effect at the start of the 2013 term.] The first meeting of each year is an organizational meeting, when the board’s primary business is electing officers and approving the board rules and regulations.

It’s been the board’s custom to elect commissioners to the same leadership roles for two consecutive years, starting with the first year of their two-year terms. This year was no exception, and all previous officers were re-elected unanimously. There were no competing nominations, and only congratulatory discussion.

The board unanimously re-elected Conan Smith (D-District 10) as board chair and Alicia Ping (R-District 3) as vice chair. Rolland Sizemore Jr. (D-District 5) was re-elected chair of the board’s ways & means committee, with Dan Smith (R-District 2) re-elected vice chair. The working session chair is Yousef Rabhi (D-District 11), with Rob Turner (R-District 1) to serve as vice chair.

Before the officer elections but not during the official public commentary time, Thomas Partridge stood up and demanded an answer to a question he’d asked, saying it was pertinent to the election. He has frequently lobbied for the chair of the board to be elected by a vote of the general public, not by the board itself.

Curtis Hedger, the county’s corporation counsel, informed commissioners that according to the board’s rules and regulations, the chair must be elected from among the commissioners. From the relevant section of the board’s rules and regulations [emphasis added]:

D. ORGANIZATIONAL MEETING:  At the first or regular meeting of the Board of Commissioners held in January of each year the Clerk/Register of the County shall call the meeting to order then shall call the roll of all elected Commissioners. The members of the Board elect shall take the oath of office as their first order of business, If a quorum is found to be present, the Board shall proceed to elect by ballot one of the Commissioners, elected and serving, as Chair. The Commissioner receiving six (6) votes of the members, elected and serving shall be the Chair of the Board.

Outcome: By a series of unanimous votes, all 2011 officers were re-elected to leadership roles on the board.

Board Rules & Regulations

At the first meeting of each year, the board approves its rules and regulations with revisions, if any. This year, three changes were proposed. [.pdf of original draft revisions to board rules & regulations]

One of the rule changes was uncontroversial, and yielded no discussion. It related to the eligibility of county employees for claiming per diem payments and mileage. Under previous rules adopted in 2011, no county employee could claim a per diem or mileage reimbursement for service on a county board, committee or commission. The rules adopted on Jan. 4, 2012 now apply that rule only to regular, benefitted county employees. This allows part-time county employees who receive no county benefits to receive a per diem and mileage payment. The rule does not apply to county commissioners – their per diem and mileage are handled under separate flex accounts, which were not changed.

Commissioner Dan Smith holds up his hand to indicate the number of minutes available per speaker for public commentary. He was helping out county clerk Larry Kestenbaum, who officiated the start of the board of commissioners first meeting in 2012. By the end of the meeting, the board majority had voted to reduce public commentary time to three minutes.

The other two proposed rule changes considered at the Jan. 4 meeting dealt with public commentary. Commissioners spent much of their meeting discussing those changes to public commentary. The revisions shortened the time available per speaking turn and eliminated some of the agenda slots for public commentary.

Most significantly, the second of two opportunities for public commentary was proposed to be eliminated at three different meetings: the board meetings, the ways & means committee meetings and the working sessions. The corresponding times slated for commissioner response to public commentary at the end of those meetings were also proposed to be eliminated. Previously, public commentary and commissioner response were provided near the start and end of each meeting. The ways & means committee meetings and regular board meetings are held back-to-back, currently providing four opportunities for public commentary during the same evening.

In other revisions to the board’s rules and regulations, the five minutes alloted per speaker during general public commentary at the board meeting and working session was proposed to be reduced to three minutes each. The time alloted for commentary at public hearings (held on a specific topic) was proposed to be cut from five to three minutes per speaker.

Three minutes is already the current time alloted for public commentary at the board’s ways & means committee, where the bulk of the board’s business is conducted. Prior to 2009, ways & means public commentary was also five minutes. But at the board’s Jan. 7, 2009 meeting, commissioner Conan Smith proposed reducing it to three minutes. He won support for that resolution from the majority of the board, with dissent from commissioners Rolland Sizemore Jr. (D-District 5) and Jeff Irwin, a Democrat from Ann Arbor who now serves in the state legislature.

At that same January 2009 meeting, Conan Smith also proposed a change requiring that public commentary during ways & means address only items on the agenda. That change also won support from the board, with dissent from Sizemore and Irwin. Previously, there had been no such limitations. A year later, at the board’s Jan. 6, 2010 meeting, Irwin won support from his board colleagues to remove the topic limitations on public commentary.

Board Rules & Regulations: Working Session Amendment

Yousef Rabhi began the discussion by saying he opposed putting new limits on public commentary. He didn’t believe it was the right move, but he realized that many other commissioners supported it. As a compromise, he proposed an amendment to keep both public commentary slots in place at the working sessions. [Rabhi has chaired those sessions for the past year, and was re-elected chair of the working sessions at the Jan. 4 meeting.] His amendment also kept the five minutes alloted per speaker for public commentary at the working sessions.

Outcome on amendment: Rabhi’s amendment to retain two opportunities for five-minute public commentary at working sessions was approved unanimously.

Board Rules & Regulations: Abstaining Amendment

Dan Smith proposed an amendment to the rule relating to board resolutions. The current section states:

VI. RESOLUTIONS
Where a resolution proposes to amend a prior board resolution, County policy or County ordinance, the resolution shall conform to the style set forth below:
1. The section of the existing resolution to be changed shall be presented in its entirety, including any language proposed to be deleted by the resolution/motion such deletion shall be indicated by a horizontal line running through the deleted language.
2. New language shall be indicated by being presented in bold and italic.

Smith said he wanted to give commissioners the option of abstaining from a vote. His amendment would add the following statement: “Members may abstain from voting on any resolution expressing support (or opposition), but otherwise taking no action.”

Smith did not elaborate on his reasons for proposing the change, but the issue was relevant at the board’s last meeting in December 2011. A resolution brought forward then by Yousef Rabhi urged state lawmakers to reject HB 4770, HB 4771 and “any legislation that codifies discrimination.” The state legislation, which was later signed by Gov. Rick Snyder, removed the ability to extend benefits to same-sex partners. During deliberations on that resolution, commissioners Dan Smith and Rob Turner had objected to bringing forward resolutions that were not focused on Washtenaw County issues – both commissioners ultimately voted against it.

At the Jan. 4 meeting, Wes Prater questioned Dan Smith’s amendment, stating that state law requires commissioners to vote on resolutions unless there’s a conflict of interest. He asked the county’s corporation counsel, Curtis Hedger, to weigh in on the issue.

Hedger’s initial thought was that since the amendment pertained to resolutions that were advisory in nature, it would be permissible to allow commissioners to abstain. Hedger took a few minutes to try to find the applicable law but was unable to locate it, so he proposed tabling the amendment to a future meeting. He noted that the board’s rules and regulations can be voted on at any time throughout the year.

Barbara Bergman said she didn’t care what Hedger found – she’d be against the amendment, even if it were allowed by law. Commissioners are elected to govern, she said. Even on non-action item, their votes are important because they indicate the board’s direction and philosophy. To not have an opinion is very sad, she said. It might protect a commissioner in future elections if the vote is controversial, she added, but commissioners have a responsibility to vote on any resolution before the board. She said she’d be ashamed to be so concerned about getting elected. “If you’re here, vote,” she concluded.

Leah Gunn proposed tabling the amendment until the board’s second meeting in February, which falls on Feb. 15.

Outcome on tabling Dan Smith’s amendment: Commissioners voted unanimously to table the amendment until the second meeting in February.

Responding to a follow-up email query from The Chronicle, Dan Smith stated that he believes he’s made his point, and he doesn’t intend to pursue the amendment. He wrote: “My contention would be that a resolution saying ‘we support (or oppose) …’ does not constitute ‘act’ as contemplated by the law. Furthermore, the list of lawful actions does not specifically include ‘voting on resolutions of support’ or something similar. To underscore his argument, Smith pointed to three sections of relevant state law in Act 156 of 1851, which pertains to the state’s county boards of commissioners:

Act 156 of 1851 – Section 46.3: ”The county board of commissioners of a county shall act by the votes of a majority of the members present. However, the final passage or adoption of a measure or resolution or the allowance of a claim against the county shall be determined by a majority of the members elected and serving. …”

Act 156 of 1851 – Section 46.3a: “The names and votes of members shall be recorded on an action taken by the board of county commissioners …”

Act 156 of 1851 – Section 46.11: “A county board of commissioners, at a lawfully held meeting, may do 1 or more of the following: …”

Smith also wrote that if the issue is simply a matter of following Robert’s Rules of Order, then the board’s own rules and regulations supersede that, and could be changed.

Board Rules & Regulations: Public Commentary

Ronnie Peterson spoke at length about the proposal to reduce opportunities for citizen participation. He opposed eliminating the number of slots, and also opposed cutting the time limit. He said he got into government because of citizen participation, “from the audience to the election box.” Not everyone gets off work at the same time, he noted, so it might not be possible for citizens to make it to the start of the meeting for the first public commentary.

As for cutting the time limit from five minutes to three minutes, Peterson said he understood why city councils usually limited their public commentary to three minutes per speaker – there are usually far more people speaking at city council meetings than at board of commissioners meetings, he contended. Typically, there are only one or two people who show up to public commentary, he said, so he didn’t see the importance of limiting it. Also, people speak at different speeds, Peterson said – for people who speak more slowly, they might need the full five minutes.

Peterson also objected to eliminating the time for commissioners to respond, saying he’d feel uncomfortable if he couldn’t say a word. Overall, he said he saw no rationale for these changes to public commentary.

Rolland Sizemore Jr. agreed with Peterson. The community already feels a disconnect between the public and elected officials, he said. Noting that he’s the kind of person who likes to ask others what they think, Sizemore said he didn’t want to prevent the public from asking him. The public should have the right to tell commissioners what they think.

Rob Turner clarified that the proposed changes wouldn’t eliminate all public commentary or commissioner response. They would just be eliminating one of the two current opportunities at each meeting.

Yousef Rabhi thanked commissioners for supporting his amendment earlier in the meeting, and said that keeping working sessions the way they currently are made him more comfortable with the other changes.

Outcome on main resolution regarding the board’s rules & regulations: There was only one resolution and one vote taken on the overall changes to the board’s rules & regulations. It passed on a 10-1 vote, with dissent from Rolland Sizemore Jr. However, Felicia Brabec and Ronnie Peterson wanted the record to reflect that they were voting against eliminating public commentary. Peterson also voted against reducing the time allotment to three minutes. The changes mean that there will be only one opportunity for public commentary at the start of each board meeting and at each ways & means committee meeting, followed by a time for commissioner response. Public speakers will have three minutes each for their remarks during public commentary and at public hearings.

Board Rules & Regulations: Public Commentary

Speaking during the last opportunity for public commentary, Thomas Partridge said there’s a “cabal” on the board that’s imposed restrictions on citizen participation, even for the disabled and elderly. He called it unethical, and said it indicated corruption. The decision calls into question the integrity of each commissioner, he said. There should be a legal challenge to the change, he said. Even though many people on the board run as progressives, Partridge said, they behave and speak like conservatives in the Tea Party. [Eight of the 11 commissioners are Democrats.]

Board Meeting Calendar: Administrative Briefings

Dan Smith noted that since the last board meeting on Dec. 7, when commissioners had approved their 2012 meeting calendar, he had circulated via email some proposals to modify the times for administrative briefings.

Administrative briefings are informal meetings that have been held the week prior to the board’s regular meetings, to review the upcoming agenda. They are public meetings and are noticed in accordance with the Michigan Open Meetings Act. They are held in a small conference room and unlike the regular board meetings, ways & means committee meetings and working sessions, they are not televised.

By way of background, in March 2011 the board voted to eliminate the briefings entirely. That decision was made in the wake of criticisms by commissioner Ronnie Peterson, who did not attend the briefings because of his objections to the format. He called the briefings “backroom” meetings where deliberations occur that he believed were too far out of the public eye. After that March 2011 vote, a weekly agenda-setting meeting took the place of briefings, attended by senior staff and just three commissioners: Smith, as board chair; Rolland Sizemore Jr., chair of the ways & means committee; and Yousef Rabhi, chair of the working sessions. Because the meetings did not involve a quorum of commissioners, they were not be required to be open to the public.

Later in the year, the briefings were re-instituted. The 2012 calendar approved by the board at its Dec. 7, 2011 meeting included administrative briefings scheduled at 4 p.m. on the Tuesday during the week prior to the board’s regular Wednesday meetings. The time – prior to the end of a typical work day – has been difficult for some commissioners, including Dan Smith, who has often been unable to attend.

At the board’s Jan. 4 meeting, Dan Smith proposed amending the calendar schedule so that administrative briefings would be held at 6 p.m. prior to the 6:30 p.m. working sessions, which are typically held on the first and third Thursdays of each month. Because board meetings are held on the first and third Wednesdays of each month, this change would mean a nearly two-week span between the tentative agenda being reviewed at the briefing and the next board meeting.

Conan Smith suggested that the briefings could simply be listed as the first agenda item at the working sessions, rather than holding separate meetings.

Barbara Bergman noted that commissioners have an informal goal of ending the working sessions by 8:30 p.m. She recommended that they consider pushing the time back to 9 p.m., to accommodate the briefings. Leah Gunn proposed a possible solution: Starting the working sessions at 6 p.m. and adding the administrative briefing as the first agenda item.

Dan Smith agreed to Gunn’s proposal as a friendly amendment.

Outcome: The amendment changing the start time of working sessions to 6 p.m. and adding the administrative briefing as the first agenda item passed unanimously.

Communications & Commentary

There were several opportunities for communications during the Jan. 4 meeting, and two slots for public commentary.

Thomas Partridge spoke during both opportunities for public commentary. In addition to the commentary reported above, Partridge also advocated for an expansion of services for the homeless in Washtenaw County, specifically citing the conditions of Camp Take Notice. He called for more affordable housing and access to public transportation. Partridge also demanded more transparency in local government, asking that meetings of all public boards, commissions and committees be held in locations where the meetings can be recorded for broadcast on the Community Television Network.

From left: Orian Zakai and Alexandra Hoffman talk with county commissioner Conan Smith after the Jan. 4 board of commissioners meeting. Zakai and Hoffman are organizing a daytime warming and community center for people who are homeless.

Orian Zakai told commissioners that she was a University of Michigan graduate student who was speaking on behalf of organizers of an all-day winter community center. The idea emerged from conversations in the Occupy Ann Arbor camp at Liberty Plaza. It’s become clear that there’s an urgent need for a warm, safe place to gather, she said, where people could feel empowered. But local officials have been discouraging of the effort. Organizers have been told that the Delonis Center – a homeless shelter on West Huron Street – serves that purpose, but Zakai noted that the shelter isn’t open during the day.

People who are supposedly served by the Delonis Center see it as disconnected from their needs, Zakai said. One man characterized it to her as like living in an institution, either a prison or a hospital, and said that he was neither a criminal or sick. It’s the opposite of an empowering place, she said. Delonis Center officials had said they want people to be put into housing and to find jobs. But there are no jobs or housing, Zakai said, so people just spend their days walking around outside. Instead, they could be building community by spending time at a community center, where they could watch movies, do art or music, read books, or help each other look for jobs.

Organizers are having difficulty finding space for the center, she said. The biggest obstacles are prejudice and fear of change, she concluded, and she hoped commissioners could help find space for the center and support its formation.

During the time available for commissioners to respond to public commentary, Conan Smith thanked Zakai for speaking out on this issue. He said the county has a long-standing commitment to working on homeless issues. The board could direct Zakai and her fellow organizers to county staff and other resources that might help break through the bureaucracy, Smith said. The issue of empowerment that Zakai raised is an important one, he said. It’s an issue that he hadn’t previously given much thought to, and he thanked her for raising it.

Communications & Commentary: Road Commission

Rob Turner, who serves as a liaison to the Washtenaw County road commission, reported that earlier in the week he had attended a WCRC meeting – the first one since Roy Townsend had been selected as the new executive director late last year. Townsend previously served as WCRC’s director of engineering. Turner reported that for the year’s budget through November, the road commission was about 1.4% ahead of budgeted revenues for the year. Because it’s been a mild winter, they’ve had to spend less on salt and snow removal, he said, and that bodes well for their budget.

Later in the meeting, Rolland Sizemore Jr. expressed frustration that the board hadn’t been briefed on changes at the state level, as he said he had previously requested. State legislation affecting the road commission is one example of changes that will be coming fast, he said.

Yousef Rabhi, who chairs the board’s working sessions, responded by saying he could schedule a session on that topic and invite the county’s lobbyist, Kirk Profit, to brief the commissioners. Barbara Bergman pointed out that commissioners regularly receive email updates from Profit regarding state-level issues. Sizemore replied that these are issues the board needs to discuss – simply reading emails isn’t enough.

Communications & Commentary: Courthouse Renovation

Rob Turner reported that he’s been regularly attending meetings regarding the renovation of the Washtenaw County trial court in downtown Ann Arbor, at the corner of Huron and Main. The trial court is an entity that includes the 22nd Circuit Court, juvenile court, probate court and Friend of the Court program. Phase two is now completed and the project is back on schedule, after giving the contractors a little prodding, he said. Turner said the hallways still look like vintage 1960s, but the customer service areas and offices are bright and up-to-date.

Jason Fee with the county facilities unit would like to give commissioners an update on the project, Turner said, perhaps at a working session in February. Rolland Sizemore Jr. suggested that the topic be scheduled at the same working session when Greg Dill gives the board a report on county-owned facilities and space use. Dill is the county’s director of infrastructure management.

In response to a query from Barbara Bergman, Turner elaborated on the different phases of the project. The board had been briefed on the renovations nearly a year ago – at its Jan. 19, 2011 board meeting– by Donald Shelton, chief judge of the Washtenew County trial court. And at their July 6, 2011 meeting, commissioners had authorized $1 million for the second phase of the project, which entailed renovation of the first floor of the courthouse.

Sizemore noted that Turner had failed to answer the most important question: “Is Judge Shelton happy?” Turner indicated that he was.

Communications & Commentary: Farmland Preservation

Yousef Rabhi, who serves on the county’s agricultural lands preservation advisory committee (ALPAC), reported that the group met in late December and looked at the scoring of farm applications for the county’s natural areas preservation program. The applications were from owners of farms who are seeking to sell development rights to the county. The county has about $1 million available for the purchase of development rights, Rabhi said, and the committee narrowed the set of applications to 10. “We’re hoping to keep some farmers in business,” he said. ALPAC makes recommendations to the county park & recreation commission, which will make the final decision on these applications.

A 10-year millage renewal to support the county’s natural areas preservation program (NAPP) was approved by voters in November 2010. Earlier that year, commissioners had approved changes to the ballot language that allowed a portion of NAPP funds to be used for the purchase of development rights (PDR) for farmland. For additional background, see Chronicle coverage: “Washtenaw Natural Areas Tweaked for Ballot.”

Communications & Commentary: Retirements & Staff Reorganization

Wes Prater reported that he had asked for the number of county employees who had retired at the end of 2011 – there were 117 retirements, he said. The board needs to take a close look at these positions, he said, to see which of them could be eliminated. The county needs some structural changes to its organization, Prater said. He suggested instituting a hiring freeze until the board could hold a working session on the issue. He noted that a new purchasing agent has recently been hired, and his concern is that the administration is actively trying to fill these vacant positions without reviewing whether the jobs are necessary.

Leah Gunn argued that it’s not the board’s purview to look at the organization job-by-job. The administration knows that structural changes are needed, Gunn said, and so the administration should bring a plan to the board. Commissioners don’t know which positions should be eliminated or kept.  The budget in 2014 and 2015 will be difficult, but Gunn said she relies on the staff’s expertise. The department heads did heroic work in cutting their budgets for 2012 and 2013, she noted. The staff is working hard, and commissioners should respect that, she concluded.

Deputy county administrator Kelly Belknap responded. [County administrator Verna McDaniel had traveled to New Orleans to attend the Jan. 2 Sugar Bowl, and was not present at the Jan. 4 meeting.] Belknap told commissioners that before any job is posted, the position goes through a review to determine if it should be filled or not. In some departments, six or seven people retired, she said. Some of those jobs need to be filled in order to continue providing services to residents, she said.

Prater took issue with Gunn’s opinion that the board doesn’t have purview over the positions. The board does have authority to eliminate or create jobs, he said. The administration makes recommendations, but it’s the board that decides. Prater noted that four years ago, the county employed about 1,360 people, and about the same number are employed today, he said. And every year, the county hires hundreds of temporary workers too, he said.

Prater said he’s concerned that the county needs to use its fund balance to balance the budget, and “once it’s gone, it’s gone for good.” The county needs to make structural changes, he said, or it will be in big trouble.

Rolland Sizemore Jr. circled back to the issue of the newly hired purchasing agent, saying that person should have come to the board to be introduced. Belknap indicated that she would make sure the new employee attended an upcoming meeting.

Present: Barbara Bergman, Felicia Brabec, Leah Gunn, Ronnie Peterson, Alicia Ping, Wes Prater, Yousef Rabhi, Rolland Sizemore Jr., Conan Smith, Dan Smith, Rob Turner.

Next regular board meeting: Wednesday, Jan. 18, 2012 at 6:30 p.m. at the county administration building, 220 N. Main St. in Ann Arbor. The ways & means committee meets first, followed immediately by the regular board meeting. [confirm date] (Though the agenda states that the regular board meeting begins at 6:45 p.m., it usually starts much later – times vary depending on what’s on the agenda.) Public commentary is held at the beginning of each meeting, and no advance sign-up is required.

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The board’s rules and regulations, adopted at the beginning of each year, were modified in three ways. Most significantly, the second of two opportunities for public commentary was eliminated at both the board meeting and the ways & means committee meeting. The times slated for commissioner response to public commentary at the end of those two meetings was also eliminated. Previously, public commentary and commissioner response were provided near the start and end of each board meeting and each ways & means committee meeting. Now there will be only one opportunity for public commentary at the start of each meeting, followed by commissioner response.

In addition, the five minutes alloted per speaker during general public commentary at the board meeting has been reduced to three minutes each. The time alloted for commentary at public hearings (held on a specific topic) has also been cut from five to three minutes per speaker. Three minutes is already the current time alloted for public commentary at the board’s ways & means committee, where the bulk of the board’s business is conducted.

The original rules-change proposal called for eliminating the second public commentary at the board’s working sessions as well. Yousef Rabhi, who was re-elected chair of the working session at the Jan. 4 meeting, proposed an amendment to keep both public commentary slots in place at the working sessions. His amendment also kept the five minutes alloted per speaker for public commentary at the working sessions. Rabhi’s amendment was approved unanimously.

The third change in the board’s rules & regulations relates to the eligibility of county employees for claiming per diem and mileage. Under previous rules adopted in 2011, no county employee could claim a per diem or mileage reimbursement for service on a county board, committee or commission. The current rules adopted on Jan. 4, 2012 now apply that rule only to regular, benefitted county employees. This allows part-time county employees who receive no county benefits to receive a per diem and mileage payment. The rule does not apply to county commissioners – their per diem and mileage are handled under separate flex accounts, which were not changed.

There was only one vote taken on the overall changes to the board’s rules & regulations. It passed on a 10-1 vote, with dissent from Rolland Sizemore Jr. However, Felicia Brabec and Ronnie Peterson wanted the record to reflect that they were voting against eliminating public commentary. Peterson also voted against reducing the time allotment to three minutes.

This brief was filed from the boardroom of the county administration building, 220 N. Main St. in Ann Arbor. A more detailed report will follow: [link]

Larry Kestenbaum, Washtenaw County clerk, listens to a public commentary speaker at Wednesday's meeting of the Washtenaw County board of commissioners. Kestenbaum presided over the meeting until the board elected its chair for the new year. Rolland Sizemore Jr. was re-elected unanimously to his second term as chair of the board.

The board loosened its rules regarding public commentary, discussed – but ultimately rejected – an attempt to change the flex account method for managing its own portion of the budget, and got an update on the search for a replacement for retiring county administrator Bob Guenzel.

A job posting will be made for that position on Monday, Jan. 11, with the possibility of making a new hire as early as Feb. 3.

The board also heard from an advocate for the homeless during public commentary, who urged the board to take more of a leadership role in addressing that issue.

Commission Leadership

Because it was the first meeting of the year, Larry Kestenbaum presided over the meeting until Rolland Sizemore was elected chair of the board. The county clerk chairs the year’s first meeting until a chair is elected.

By custom, the chair serves for two consecutive years. Rolland Sizemore Jr. was first elected as chair of the board a year ago – he was nominated again on Wednesday, prompting commissioner Conan Smith to ask, “Does he really want that job?” Sizemore was re-elected unanimously, followed by a round of applause from his colleagues.

Also re-elected unanimously: Mark Ouimet, board vice-chair; Conan Smith, chair of the Ways & Means Committee; Jessica Ping, chair of the working session; and Ken Schwartz, working session vice-chair.

The only dissenting vote cast during the elections was by Barbara Bergman, who voted against the re-election of Kristin Judge as vice-chair of the Ways & Means Committee. Bergman said that Judge had made a personal, unprovoked attack on her, and that it did not demonstrate leadership behavior. She did not elaborate. Judge was re-elected on an 9-1 vote (commissioner Ronnie Peterson was absent).

County Administrator Search

Rolland Sizemore Jr. gave an update on the search for a new county administrator. Bob Guenzel, who has served in that post since 1994, in December announced plans to retire in mid-May.

Sizemore said that he, Conan Smith and Jessica Ping met in mid-December to talk about a process. [The three commissioners hold the board's leadership positions: Sizemore is board chair; Smith is chair of the board's Ways & Means Committee; Ping chairs its working session.] The process set by that group – and approved by the board at Wednesday’s meeting – calls for the position to be posted online on Jan. 11, with candidate interviews to take place at the board’s Jan. 21 working session, which is open to the public.

There was some discussion about whether to update the job description, with a decision to handle via email this week any suggestions for change . [.pdf of current county administrator job description]

Ken Schwartz wondered whether the proposed timeline was too ambitious. But Wes Prater spoke about the need for urgency, given the budget situation. Even though they just passed the two-year budget last month, Prater said, they have a lot of work to do, including keeping an eye on revenue and adjusting the budget accordingly as the next two years unfold. Several others agreed that the process needed to move forward – a vote to approve the proposed timeline was unanimous.

Though anyone will be eligible to apply, the board is not conducting a broad search and it’s expected that there will be internal candidates for the job, including deputy county administrator Verna McDaniel. A vote on the new hire could happen as soon as the board’s Feb. 3 meeting.

Board Rules & Regulations

Approval of the board’s rules and regulations is an action item at the group’s first meeting of each year. This year, commissioner Jeff Irwin raised three issues.

Irwin proposed eliminating the requirement that public commentary for the Ways & Means Committee be related to an item on the agenda. This rule was imposed a year ago by the board, with Irwin and Rolland Sizemore Jr. dissenting. The Ways & Means Committee, on which the entire board serves, meets immediately prior to the regular board meeting. The meeting often lasts several hours.

From The Chronicle report of the Jan. 7, 2009 board meeting, when this rule was introduced:

Irwin said he thought people should be able to read the phone book for 5 minutes if they wanted to, though he’d prefer they didn’t. He said the board generally gets very few people at its public comment sessions, and that he didn’t want to restrict it in any way. “We need to keep our doors as open as possible.” He also noted that the Ways & Means Committee meeting can last for two hours or more before the board meeting begins, thus forcing someone to wait who wants to speak on a topic that’s not on the agenda.

In fact, a member of the public did read from the phone book in 2009, in protest of the rule. At the board’s Dec. 2, 2009 meeting, Janelle Baranowski spent part of her time during public commentary reading from the “Violins” category of the yellow pages. She urged commissioners to change the rule, saying that otherwise she’d attend each meeting and do the same thing. “It’s a mighty thick phone book, so please don’t make me go there,” she said at the time.

On Wednesday, the board unanimously approved Irwin’s motion to strike the following sentence from their rules and regulations:

E. Comments from the public during Citizen Participation shall be germane to items on the agenda or the commenter shall be ruled out of order.

However, his colleagues were much less supportive of another motion: To increase the time allotted to public commentary during the Ways & Means Committee meeting from three minutes to five minutes. [A year ago, commissioner Conan Smith had proposed limiting commentary at Ways & Means to three minutes per speaker, rather than five. Previously, citizens were allotted five minutes each at both Ways & Means and the regular board meeting – there are two opportunities to speak at each of those meetings. The board approved Smith's motion, with Irwin and Sizemore dissenting.]

On Wednesday, Irwin proposed increasing the time limit back to five minutes. However, his motion was not seconded and did not move forward to a vote.

Irwin then expressed some reservations about the commissioners’ flex accounts. During budget discussions in 2009, commissioners addressed their own compensation. From The Chronicle’s report on the board’s June 3, 2009 meeting:

The commissioners first considered a resolution to cut their own piece of the budget by 11.3%, and to create “flex accounts” that would pool previous line items for per diem, travel, and convention/conference expenses. The budget calls for $3,550 per commissioner for these flex accounts. The total budget for commissioners after the reduction is $532,885, an amount that includes salaries ($177,387), consultant fees ($55,150 for a lobbyist in Lansing), fringe benefits ($41,979) and an amount to cover administrative expenses (called the Cost Allocation Plan, at $143,462), among other things. The resolution also includes new guidelines for administering the flex accounts.

This resolution is the third iteration of an attempt to cut the commissioners’ budget, following two resolutions presented at the board’s May 20 meeting that did not receive sufficient support to pass. There was little discussion on the issue at Wednesday’s meeting.

Outcome: The motion carried, with Barbara Levin Bergman, Leah Gunn and Jeff Irwin voting against it.

[.pdf file of current rules and regulations relating to commissioner flex accounts]

On Wednesday, Irwin described the new flex accounts as “a Rube Goldberg kind of solution to a problem that didn’t exist,” and said he’d vote against the rules and regulations as a whole if the flex accounts remained in place.

Kristin Judge said the flex accounts mean that commissioners are more accountable for their spending than in the past, and that she plans to disclose her spending publicly. As an example, she said that previously there was no limit on the amount of per diems that commissioners could request. Now, their spending on per diems or other items can’t exceed $3,550, unless they get board approval for additional funds. If some commissioners have money in their account that they don’t spend, others can request to use those funds.

Wes Prater noted that the commissioners had done their part in reducing their portion of the budget. But Irwin responded by saying the amount of the budget wasn’t an issue – it was the methodology for managing it. Smith reasoned that the change simply added more flexibility, allowing commissioners to spend their allocated dollars based on their own priorities. He said they would receive quarterly reports throughout the year, and if the new system didn’t work, they could change it.

Agreeing with Irwin, Barbara Bergman moved to amend the rules to remove the following sections:

2. Should a Commissioner choose not to expend his/her full share, the balance will revert to a sub account of the CFA known as the ‘General Flex Account Fund” (GFAF), which may be used by other Commissioners once they have exceeded their allotted amount.

6. Commissioners must obtain majority Board approval to draw from the GFAF, once their allotments have been depleted.

The motion failed, with support from only four commissioners; Bergman, Irwin, Leah Gunn and Mark Ouimet.

The board then approved its rules and regulations, as amended, with Irwin and Smith dissenting.

[.pdf file of the complete board rules and regulations, as revised at Wednesday's meeting]

Items for Future Discussion

Several commissioners raised issues that they’d like to bring back for further discussion at future meetings.

Jason Brooks, seated, was praised at Wednesday's board of commissioners meeting by board chair Rolland Sizemore Jr. for his work on behalf of the board. Brooks is deputy clerk, and is the official recordkeeper for the board. Behind him are commissioners Kristin Judge and Conan Smith.

Prater called for a look at the county’s internal financial controls. Given the budget situation – the county faces declining tax revenues and had to cut expenses to deal with a projected $30 million deficit in 2010 and 2011 – he said that having tight controls would be even more critical in the coming years. He clarified that he wasn’t saying there was anything wrong with the county’s current financial management.

Kristin Judge asked that the board have a discussion to set priorities. She also asked that the working sessions begin to include discussions about policy changes. Board rules dictate that policy changes be first introduced at working sessions, she said, adding that policy discussions aren’t typically initiated at those meetings, which often focus on staff reports.

Conan Smith said he’d like to examine the employee compensation structure, looking specifically at the equity between union and non-union compensation. He noted that this issue arose during the 2009 budget discussions.

Leah Gunn asked that they revisit the issue of getting the board out of the Money Purchase Pension Plan (MPPP). [Commissioners are the only county employees still participating in this defined contribution plan. Other county employees have been moved to the Washtenaw County Employees’ Retirement System, known as WCERS, a defined benefit plan.] A resolution to eliminate the county’s contribution for commissioners to the MPPP was pulled from the board’s Nov. 18, 2009 agenda, at Wes Prater’s request. Prater had asked that the item be moved to the board’s Jan. 20, 2010 meeting.

Several commissioners said they hope to discuss ways to reorganize county departments and services, in light of budget cuts. Also related to the budget, Mark Ouimet said they all needed to be sensitive to revenue projections in the coming months. It was important for both the current and future county administrators to track revenues closely and keep the board informed, he said, because that would set all of the board’s actions in motion. They need to be aware of what they can and can’t do, he said, based on county revenues.

Public Commentary

Two people spoke during the time set aside for public commentary.

Brian Nord: Speaking on behalf of the homeless advocacy group MISSION, Nord thanked civil rights attorney David Blanchard, University of Michigan law student Jen Coleman and the Michigan ACLU for their work on behalf of Caleb Poirier. Poirier – who is part of the local Camp Take Notice – had been arrested for trespassing on public property. Poirier had just been trying to survive, and his situation is the tip of the iceberg, Nord said. Though the county prosecutor dropped the charges against Poirier, Nord wondered how much money in general was being spent to prosecute the homeless. It’s indicative of a system with misplaced priorities, he said. Support from the public has been strong – people are ready to get “off their keesters” and take action, Nord said. The issue deserves a more coordinated community response, he said, and Nord urged commissioners to take a leadership role. Referring to the county’s Blueprint to End Homelessness, “if the blueprint is still our guide,” he concluded, “then it needs an architect and it needs a carpenter.”

Tom Partridge: Speaking during the two times allotted for public commentary, Partridge identified himself as a Democrat and a potential candidate for elected office in 2010. He urged commissioners to start making substantive reforms, including an expansion of the board and the creation of positions that are elected on a countywide basis, rather than within specific districts within the county. He said the board’s chair and vice-chair should be elected to those positions by voters, not by the board. And reflecting on the fact that no county or city leaders had appeared recently on any of the three major TV network’s weekend public interest programs, Partridge said that showed there was a lack of leadership among local officials. Regarding the search for a new county administrator, Partridge said the person should be hired on a contract basis, with the goal of making that job an elected one, as it is in nearby counties. As he often does, Partridge called for an expansion of countywide and regional transportation, health insurance, lifelong education, affordable housing and aid for the homeless.

Response to Public Commentary

Commissioner Jeff Irwin thanked Brian Nord for his comments on the plight of the homeless, and said he was glad that county prosecutor Brian Mackie had used his authority to drop charges against Poirier. Irwin said he agreed with Nord about the use of resources – he noted that county administrator Bob Guenzel had worked hard on the Blueprint to End Homelessness and on the building of the Delonis Center, a homeless shelter, but said there are now more people in need than there are resources to help them. The community needs to come together, Irwin concluded, and that can only happen if people like Nord speak out.

Larry Kestenbaum, Washtenaw County clerk, was presiding over the meeting during Partridge’s first public commentary turn. Kestenbaum clarified that the board did not have the authority to make the kind of changes that Partridge suggested, in terms of expanding the board and changing the way that members were elected. State law requires that an apportionment committee look at the composition of the board every 10 years – that process will likely begin in 2011, Kestenbaum said.

Present: Barbara Levin Bergman, Leah Gunn, Jeff Irwin, Kristin Judge, Mark Ouimet, Jessica Ping, Wes Prater, Ken Schwartz, Rolland Sizemore Jr., Conan Smith

Absent: Ronnie Peterson

Next board meeting: The next regular meeting is Wednesday, Jan. 20, 2010 at 6:30 p.m. at the County Administration Building, 220 N. Main St. The Ways & Means Committee meets first, followed immediately by the regular board meeting. [confirm date] (Though the agenda states that the regular board meeting begins at 6:45 p.m., it usually starts much later – times vary depending on what’s on the agenda.) Public comment sessions are held at the beginning and end of each meeting. No advance sign-up is required.

Rolland Sizemore, right, newly elected chair of the Washtenaw County Board of Commissioners, confers with Curt Hedger, the county's corporate counsel, at Wednesday night's board meeting.

County Board of Commissioners (Jan. 7, 2009) In an uncharacteristically short session, members of the Washtenaw County Board of Commissioners were sworn in. They then elected new leaders, adjusted their rules to cut the amount of time given to public comment – and adjourned in less than an hour.

Rolland Sizemore Jr., whose district primarily covers Ypsilanti Township, was elected to chair the commission, replacing Jeff Irwin, who represents District 11 in Ann Arbor. Both are Democrats. Any drama that occurred over the change in leadership happened behind the scenes – no dissenting votes were cast in the election of any officers on Wednesday night.

Swearing In

The meeting began with County Clerk Larry Kestenbaum officiating, a role he maintained until after the board chair was elected. Judge David Swartz of the Washtenaw County Trial Court swore in the nine commissioners in attendance – absent were Ronnie Peterson and Leah Gunn, who was reported ill by fellow commissioner Barbara Levin Bergman.

The swearing-in ceremony: Commissioners Jessica Ping, Mark Ouimet, Wesley Prater, Kristin Judge and Conan Smith.

Each commissioner said a few words after the swearing-in ceremony, and all spoke about the financial challenges facing the county in the coming year – county officials had to make cuts to their 2009 budget to deal with a $15 million shortfall, and difficult decisions will be made as they look to 2010-11. Even so, many expressed optimism that the difficulties could be overcome. Jeff Irwin stressed the importance of continuing to invest in areas that would spur economic development, such as transit and energy. That approach, he said, would create jobs and drive a “Keynesian recovery,” rather than having the local economy “fall victim to the waves that are rising around us.”

Conan Smith, after joking that he was “shocked and amazed” that the citizens of Washtenaw County had sent him back to the commission, said it would take every ounce of intellect and energy to deal with the financial challenges, but that they weren’t insurmountable. Mark Ouimet, who thanked his family and constituents, said they needed to look at government differently than they had in the past.

Election of Officers

Though Jeff Irwin, at a previous board meeting, had expressed a desire to remain board chair, Mark Ouimet nominated Rolland Sizemore Jr. No other nominations were offered up and Sizemore was elected on a voice vote with no discussion or dissent. Jessica Ping nominated Mark Ouimet for vice-chair, and he too was elected on a voice vote with no discussion or dissent. Ouimet and Ping are the only two Republican commissioners, representing District 1 (western Washtenaw) and District 3 (Saline and several townships in southwest Washtenaw), respectively.

Later in the meeting, Wes Prater made the remaining nominations, which were all approved by voice vote with no discussion or dissent: Conan Smith, chair of the Ways & Means Committee; Kristin Judge, vice chair of Ways & Means (from District 7, Pittsfield Township); Jessica Ping as chair of the board’s Working Session; and Ken Schwartz (District 2, northeastern Washtenaw) as vice chair.

As noted in a Stopped.Watched. item, Smith is the only Ann Arbor commissioner who was elected an officer on Wednesday. Previously, Ann Arbor commissioners chaired both the board (Irwin) and the Ways & Means Committee (Bergman), where much of the board’s business is conducted. Also of note: Ouimet is the first Republican elected to a county board leadership position in several years. (Ouimet told The Chronicle that he was informed it had been more than 20 years – we are as yet unable to confirm that time frame.)

Rule Changes

The board also adjusted some of its rules and regulations. Most notably, a proposal by Conan Smith – and approved by the board, with only Jeff Irwin and Rolland Sizemore Jr. dissenting – cut the time alloted to each public commenter at the Ways & Means Committee to 3 minutes, down from the current 5 minutes. He also proposed, and the board (aside from Irwin and Sizemore) agreed, to require that public comment during Ways & Means address only items on the agenda. Currently, there are no such limitations.

Smith said his goal was to make the meetings more efficient, and that the public still had the opportunity to speak before the entire board with no change in the current time limit or topic rules. (Public commentary sessions are at the beginning and end of both the Ways & Means Committee and board meetings, which are held back-to-back.) He said that the public still had a total of 16 minutes to speak over those four periods, down from the current 20 minutes.

Curt Hedger, the county’s corporate counsel, said he thought there might be free speech issues associated with limiting the topics of public commentary, and that he’d check on that.

Irwin said he thought people should be able to read the phone book for 5 minutes if they wanted to, though he’d prefer they didn’t. He said the board generally gets very few people at its public comment sessions, and that he didn’t want to restrict it in any way. “We need to keep our doors as open as possible.” He also noted that the Ways & Means Committee meeting can last for two hours or more before the board meeting begins, thus forcing someone to wait who wants to speak on a topic that’s not on the agenda.

Smith said he believes citizens should be treated more like staff, and that he would be willing to allocate them even more than 5 minutes if they contacted him before the meeting and if it were appropriate to the agenda.

Bergman said she’d like to see that approach codified into the commission’s rules and regulations. She also wondered how citizens would know that they could get this additional time, and urged the board to do some kind of outreach about it.

Public Comment

Interestingly, given the discussion, no one spoke at the board’s final public comment session of the evening. The first public comment session early in the meeting had two speakers: Tom Partridge and Ken Siler.

Partridge admonished the commission to pay more attention to the situation of the homeless in Washtenaw County, urging them to open the doors to public buildings so that homeless people would have a place to stay on cold, snowy evenings like this one. He said they should consider meeting outside in the cold, just like the homeless. He also wanted the commission to pass an emergency resolution calling for affordable, accessible transportation and health care throughout the county.

Siler was recently reelected president of the Washtenaw County Farm Bureau, and distributed a list of resolutions by the bureau stating what they’d like to accomplish. He said he hoped the commission would support their work, as the bureau hoped to support the commission.

Liaison Report: Road Commission

After the first public commentary, Mark Ouimet gave a liaison report from the Washtenaw Road Commission. He said federal funds might be available for road work this year, and that the commission was preparing a list of roads that were a high priority for repair. He said that David Rutledge had been elected chair, and Doug Fuller is vice chair. Fred Veigel is the road commission’s third board member.

Wes Prater, who previously served on the road commission, said the staff had started working on a comprehensive preservation and maintenance plan in 2007, but that it wasn’t yet done. He expressed frustration that he hadn’t been able to get a clear answer about its progress, and said the county commission might need to pass a resolution to push it along. (The county board appoints road commissioners, but has no real authority over their actions.) Prater said the plan was important to have soon, given the possible availability of federal funds.

Present: Barbara Levin Bergman, Jeff Irwin, Kristin Judge, Mark Ouimet, Jessica Ping, Wes Prater, Ken Schwartz, Rolland Sizemore Jr., Conan Smith

Absent: Leah Gunn, Ronnie Peterson

Next board meeting: Wednesday, Jan. 21 at 6:30 p.m. at the County Administration Building, 220 N. Main St. [confirm date] The Ways & Means Committee meets first, followed immediately by the regular board meeting. (Though the agenda states that the regular board meeting begins at 6:45 p.m., it usually starts much later – times vary depending on what’s on the agenda.) Public comment sessions are held at the beginning and end of each meeting.

In other board business, a bylaws change was passed to allow for public comment at the beginning of board meetings on any of the board’s agenda items. Board chair David Nacht described it as “an opportunity to make a pitch in advance of our actions,” and said that he thought it was “a really good idea.” A time limit of two minutes per individual will apply to the commentary at the beginning of the meetings. A time for public comment on any topic will still be available at the end of meetings.

Meeting Agenda (not including resolutions)

Communications: In his communications to the board, chair David Nacht acknowledged that AATA’s web service provider, IAS, had experienced some issues, but he was pleased with the response of staff, which was working in coordination with the city to get everything back up and running as soon as possible. He assured the public that the board was aware of what was going on and said that he was comfortable that AATA staff was making all appropriate steps. [It's not yet clear to The Chronicle whether AATA has retained the services of IAS as its provider, but based on comments left on The Chronicle by someone with IAS, this seems to be the case – AATA website services are back up and running except for real-time RideTrak information.]

Nacht also noted that he’d had a “fantastic session” over lunch with the executive board of the AATA local advisory committee. He said that it was something he wanted to do on a regular basis.

He said that he’d had a chat with the headhunter for the new executive director (since Greg Cook’s resignation in early 2007, AATA has been led by interim executive director Dawn Gabay) and was excited that this process was underway. He also previewed the resolution on the change in the bylaws to allow for public commentary on agenda items before they are discussed by the board. He characterized it as consistent with their efforts to keep themselves streamlined, but to keep themselves responsive to the public.

Approval of previous minutes: Board member Jesse Bernstein noted that because he had been absent, he could not have moved for adjournment as the minutes indicated, saying that, “I’m good, but not that good.” The minutes were revised to reflect that Rich Robben had made the motion.

In discussing the minutes, Ted Annis noted that he’d also been absent, and thus had read the minutes, though he’d be abstaining on voting to approve them. He noted that the minutes, under the heading, “Planning and Development Committee Report,” indicated “There was no report.” Annis chairs that committee. He noted that the PDC had been very active, having met three times since the last board meeting. Each of these meetings, Annis said, generates minutes, and historically these minutes had always been in the committee report. Based on his understanding, Annis said, those minutes would be made available on the AATA website, but he stressed that those minutes needed to become a part of the public record. He asked if something needed to be done to incorporate them in the board minutes by record. Nacht said that the point was well-taken, because the board minutes leave the impression that there’s nothing going on, when in fact there was a lot of work taking place.

Board and Staff Reports: Noting that the new board format would not include going through the various reports from committees and staff verbally, Nacht was prepared to move to question time for the executive director. Board member Charles Griffith, however, noted that it would be useful for committees to “point out what we should be looking at” in the reports, or at least note whether the committee had met or not. Annis indicated that he’d planned to say that his committee had met – a light-hearted quip that earned some laughs. Nacht then quickly polled the committee to establish that they’d all met, and made a gambit to move the board along to the new business, “unless we have something we need to talk about.”

Annis said that he needed to give the board “a little headline news.” “Fire away!” replied Nacht. Annis said that the planning and development committee had met three times since the last board meeting, and that one focus had been fare adjustments. The committee’s Dec. 9 meeting summary, as well as Annis’ verbal description, indicates a proposed base fare structure starting May 2009 of $1.25 per ride, moving to $1.50 per ride in May 2010. In response to a query from Nacht, Annis said that they’d given staff the go-ahead to begin conducting public hearings, with the matter to come before the board roughly around April. Nacht said that it was important to weigh the matter carefully before undertaking an action that will have “an impact on human beings.”

There are various accommodations for discounts and reductions in the fare proposal, which include the possibility of a zero fare for those with disabilities and for seniors. Annis said the committee had also asked staff to look at contingency plans in the event of 10%, 20%, or a 40% reduction in revenues. In light of the situation with GM and Ford, Annis said the committee felt that preparing contingencies was simply a wise move to make.

On the subject of WALLY, the proposed north/south commuter rail, Annis said they’d spent some, but not too much time taking a look at Act 196 (under which AATA might be able to reorganize itself as an authority to include regional rail). He also said that they’d spent time looking at the Ann Arbor Transportation Plan Update (AATPU), which had been presented to the whole board at a previous meeting. [Eli Cooper, transportation program manager with the city of Ann Arbor, who had given that presentation, was in the audience as Annis gave his summary.] He advised that the city of Ann Arbor was looking at AATA spending around $11 million over the next five years in support of that plan. Annis had praise for the AATA staff in preparing the analysis underpinning the fare adjustments, saying that “it was so good that I included it in the minutes.”

Annis elicited from his colleague on the planning and development committee, Rich Robben, a status report on the north-south connector study, for which AATA had authorized an increase in its share of the funding to $160,000. Robben advised the board that the DDA had declined to increase its own contribution, choosing instead to turn the matter back to UM, one of the partners in the study (along with the DDA, and the city of Ann Arbor) to explore the possibility that UM would take on a greater share of the study’s funding.

Jesse Bernstein asked for feedback on service productivity standards with a chart and definitions that staff had prepared, and said that he felt it represented a clear and effective way to look at it. Bernstein said the material would be available on the website.

Old Business (WALLY, Roundabouts): Nacht inquired of interim executive Dawn Gabay whether AATA was in the process of recruiting someone to handle the WALLY project (a proposed north-south commuter rail service). Gabay said that they were coordinating with the Michigan Department of Transportation (MDOT) and the Southeast Michigan Council of Governments (SEMCOG) and that they were heading towards a staffing solution that would involve a contracted employee as opposed to a new staff person. Further, she said, they would likely issue an RFP for public relations.

Jesse Bernstein inquired what the implications might be of MDOT’s intention to install a double roundabout at Geddes and US-23 and whether it would work for buses. Chris White, AATA manager of service development, said that the area currently posed a problem due to traffic backups and that as long as buses can get through the roundabouts, it would be a benefit.

Resolutions

Public Speaking: The board unanimously approved the new bylaw. It provides at the beginning of board meetings for two minutes of public speaking time per person on items the board is considering on its agenda.

Authorization to Execute a Contract for Insurance Brokerage Services: Four responses were received from an RFP sent to 17 firms. Based on the scoring criteria applied by the evaluation committee, the contract, which provides for around $4,000 per month in insurance brokering services, was awarded to Marsh USA, Inc. Satisfied that the vendor had been vetted sufficiently by committee, the board unanimously approved the resolution.

Contract for Design of Park and Ride at Plymouth and US-23: A contract for design work was awarded to OHM in the amount of $125,400. Although the Federal Highway Administration still needs some additional information, at a Nov. 24 meeting of Nacht, FHWA and MDOT (on whose property the park and ride lot will be built), it was indicated the project would be approved by FHWA, thus the need to begin design work. OHM performed traffic studies in connection with the project. Nacht said he was also familiar with their work from his service as Scio Township trustee. The resolution passed unanimously.

Public Commentary

Tom Partridge: Partridge began by criticizing the time restriction of two minutes for public speaking at the beginning of board meetings as too short. He said that the board should encourage public commentary without restrictions and should take an attitude towards the public that indicated they wanted to have as much communication as possible, calling it the fundamental principle on which our Constitution was founded. He described the meeting format as “not public-friendly,” indicating that not everyone had access to the AATA website to get the minutes from committee reports – an allusion to the new meeting format in which committee reports are to be received in written form and eventually posted on the website, but not discussed at board meetings. Partridge also called for the taping of the board meetings for broadcast on the Internet or on CTN, and suggested that venues for the meetings be chosen that can accommodate a large in-person audience. Partridge said that it was incumbent on a “Harvard-educated chair of the board” to bring all this about – Nacht earned a degree from Harvard.

Partridge concluded by noting that the ballot in the recent November elections contained a millage to address revenue for parks, but nothing for transportation. It is to the detriment of the county that there is still not an adequate bus network in Washtenaw County, he said. Referring to the proposed north-south commuter rail project that goes by the acronym WALLY, Partridge asked the board to turn their attention away from “Mister WALLY,” saying that it was a project for the future, but what was needed now is better bus transportation.

From Nacht, Partridge’s turn at public comment earned a thank-you and the characterization, “Coherent and spirited!”

Jim Mogensen: Mogensen took up the topic of discounted and free fares that had been a part of the Annis’ summary of the planning and development committee’s report on fare increases. He drew an analogy to food stamps, drawing on a meeting he’d attended of Food Gatherers at the United Way. There the question had been, “Why don’t people who qualify for food stamps go ahead and get them?” Among the reasons, Mogensen said, is the fact that qualifiers need to go someplace to get them, as well as the fact that as their income situation changes slightly, there’s a need to constantly update and inform the various bureaucratic bodies. In light of that, he said, the AATA board should be mindful of the need to reach out to those who qualified for discounted or free fares and to go to where they are to provide them with their discount cards. This, as opposed to asking people to come out to the AATA administration building, for example.

Carolyn Grawi: Grawi called the board’s attention to the last day of the state legislature’s session the following day (Dec. 18), which represented an opportunity for $150 million in transportation funding, and urged people to call Sen. Liz Brater to express their support. She also thanked the board for the change in bylaws allowing for public commentary to precede agenda items [Editor's note: Grawi had asked for the change at the first AATA board meeting that The Chronicle covered.] Grawi also suggested that minutes from the committee meetings be posted to the website as soon as they were available, even if they were in draft form. She said that she was encouraged that the board was thinking about the impact that fare increases would have on the people who use the bus, and said that if they are successful in putting through fare reductions for A-Ride, the people who use the A-Ride (physical disability and seniors) would be thrilled.

Present: Ted Annis, Charles Griffith, Jesse Bernstein, David Nacht, Paul Ajegba, Rich Robben

Absent: Sue McCormick

Next meeting: Wednesday, Jan. 21 at 6:30 p.m. at AATA headquarters, 2700 S. Industrial Ave.