Archive for April, 2012

The Center for Michigan’s Bridge magazine publishes an op-ed co-authored by Glenn Nelson, a trustee of the Ann Arbor Public Schools board, and Brit Satchwell, president of the Ann Arbor Education Association. They argue that Gov. Rick Snyder’s proposed budget “strikes a new low in the priority given to public K-12 education. The consequences for our children are devastating.” In a counterpoint essay, Snyder contends that he and the legislative majority “made the tough, but necessary, decision to ‘rebase’ the [K-12] foundation allowance in the current-year budget. This move was critical in getting the budget back in structural balance.” [Source]

In a segment on her MSNBC show, Rachel Maddow highlights the Michigan legislature’s “immediate effect” controversy, including the recent lawsuit filed by state House Democrats against the GOP majority. Ann Arbor Democrat Jeff Irwin is a plaintiff in that lawsuit, which contests the way in which Republicans have used voice votes to declare the constitutionally-mandated two-thirds majority needed for laws to take immediate effect. Maddow calls the practice “the most radical thing Republicans have done anywhere in the country.” [Source] For additional background on the issue, see Chronicle coverage of an April 2 special meeting of the University of Michigan board of regents: “UM Regents Split on State House Lawsuit.”

John U. Bacon

Ann Arbor’s Parthenon Restaurant closed last week after almost 40 years at the corner of Main and Liberty. For me and my friends, it marked more than the passing of a favorite spot, but the end of a time-honored ritual.

On our last visit, we filed in, and walked to our favorite table in the back. A little warmer, and we’d sit outside, but it was still March, so whatya gonna do? The owners and waiters nodded. They’ve seen us more than a hundred times. When I needed to sell ads for the Huron Hockey program to help fund the team, the Parthenon signed up every time – something the chain coffee shop across the street would never consider.

BW and I started coming here in the fall of our sophomore year in high school. We both ran cross-country – a near-death experience – but that meant we could eat anything, and not gain a pound. For us, that meant a jumbo coke, a basket of fries, and two gyros – each.

We’ve since added a few friends from our high school days: Scotty, a hockey teammate of mine; TP, the tennis captain; Sevvie, a soccer star; and Barney, whom I was nice enough to drive to practice every day, so he could take my job. I was cool like that. [Full Story]

Editor’s note: Laura Bien’s In the Archives column for The Chronicle appears monthly. Look for it around the end of every month or towards the beginning, if things slide a bit – like this month. 

A 1914 ad for the Livingston County Holstein-Friesian Association shows a cow with familiar markings.

Ypsilanti has never lacked for beauties, as any conductor on the onetime Packard Road interurban could have told you. Hordes of University of Michigan boys crowded the streetcars on weekends en route to their belles at Ypsilanti’s Normal teacher training school (which became Eastern Michigan University).

On the way, the young men unknowingly passed the home, at Packard and Golfside, of another belle more famous than any Normal girl. She was quiet and stocky, yet viewed as beautiful.

She had numerous relatives at the insane asylum at Pontiac, which in her case was regarded as a prestigious lineage. Thousands statewide knew her name. Many owned her children.

Pontiac De Nijlander was the state’s epitome of cow excellence in an era characterized, in the agricultural sphere, by what could be called Michigan’s turn-of-the-century “Holstein fever.”

A typical big-bodied black-and-white-splotched Holstein, Pontiac De Nijlander lived at Ypsiland. The 180-acre farm extended from Packard to Ellsworth, bordered on its east side by Golfside Road and owned by brothers Norris and Herbert Cole. Norris eventually bought his brother’s share and became sole proprietor of the farm, whose principal business was breeding top-quality Holstein bulls and cows. [Full Story]

At an April 2 meeting that lasted until midnight, the Ann Arbor city council handled several agenda items that could affect continued patient access to medical marijuana in Ann Arbor. The meeting also featured extensive public commentary on the topic of medical marijuana. In advance of publishing the full meeting report, The Chronicle offers this analysis of some of the medical marijuana-related issues that were discussed.

Most notably, the meeting featured remarks from city attorney Stephen Postema indicating that he believes medical marijuana dispensaries should not be in business now because they lack licenses: “… [dispensaries] can’t operate right now, they’re not allowed to operate at all – without a license.”

That contradicts the city’s ordinance, which allows dispensaries to operate while their license applications are still pending. (The city is still in the process of issuing its first licenses for dispensaries.) From the ordinance: “The medical marijuana dispensary may continue to operate pending final action on the application unless the Building Official determines that it must be closed for safety reasons.” When The Chronicle sent Postema an emailed query questioning the accuracy of his statement, he responded by insisting his statement was accurate. However, Postema declined to provide any foundation for his feeling that dispensaries lacking a license – even those with applications pending – are not allowed to operate by dint of having no license.

If dispensaries are assumed to be operating in violation of the Michigan Medical Marijuana Act, then they would not be allowed to operate – whether they had a license or not. However, at the April 2 meeting Postema did not identify a basis for such an assumption. He stopped short of describing an interpretation of a recent Michigan court of appeals ruling (the McQueen case) as banning all dispensaries, but said the ruling presented “severe difficulties” for dispensaries.

The council’s deliberations on Monday night can be understood in the context of a struggle between the city attorney’s office on the one hand, and some members of council and the medical marijuana licensing board. The struggle relates to who has the decision-making authority for awarding licenses, and when those licensing awards should be decided. From a formal, procedural point of view, it’s not an open question: The licensing board makes recommendations to the city council, which has the ultimate decision-making authority. The board has already recommended that licenses be awarded to 10 different dispensaries.

However, from a practical point of view, the council will act only under the advice of the city attorney’s office. Since the licensing and zoning ordinances were enacted by the city council last year, Postema has proceeded in a way that reserves a role for city staff in the licensing process that has an uncertain basis in the actual ordinances approved by the council. Revisions to those ordinances, meant in part to address some of those uncertainties, were part of the council’s April 2 agenda.

Here’s a summary of the outcome on medical marijuana issues at the April 2 meeting: (1) the council unanimously postponed consideration of licensing ordinance revisions until June 18 – the council’s second meeting that month; (2) on a 9-1 vote, the council approved giving direction to the city planning commission to review the zoning ordinance; and (3) on a 6-4 vote, the council tabled a resolution directing the city attorney to delay enforcement activities against dispensaries. A tabled resolution will demise if it’s not brought back off the table in six months.

Deliberations suggested in sum that the current arrangement in Ann Arbor, under which patients are still able to get medical marijuana from dispensaries, will persist at least until the city council votes on licenses. But the timing of that vote appears fairly uncertain, given the mixed signals currently being sent by the city attorney.

Provided in this article is analysis of some of the local issues related to medical marijuana licensing and zoning. The analysis culminates by showing how the interpretation of a single requirement in the city’s zoning ordinance – that dispensaries adhere to the Michigan Medical Marijuana Act – makes a significant difference in who makes the practical decision on whether dispensaries receive a license and can legally operate, and where the burden of proof lies for MMMA conformance. [Full Story]

The Eastern Echo reports on Ypsilanti mayor Paul Schreiber’s State of the City address, in which he lobbied for support of two proposed new city taxes on the May 8 ballot: (1) an income tax of 1% on residents and 0.5% on non-residents; and (2) a millage to pay off debt on the Water Street property. [.pdf of Schreiber's address] [Source]

Concerns about proposed oil and gas drilling in the Saline area using a technique known as “fracking” were raised by several speakers during public commentary at the April 4, 2012 meeting of the Washtenaw County board of commissioners. Similar concerns had been voiced by commissioners at previous meetings, and the board plans to hold an April 19 working session on the topic.

Speakers included Mitch Rhode, CEO of Saline-based Quantum Signal and founder of “NoPaxton.com,” which has mobilized against drilling in this area. Paxton Resources – a company based in Gaylord, Mich.– has notified the county that it has filed an application with the Michigan Dept. of Environmental Quality to drill an exploratory oil and natural gas well … [Full Story]

Washtenaw County commissioners passed a resolution at their April 4, 2012 meeting asking state legislators to halt any bills that would eliminate the state’s personal property tax, unless 100% replacement revenues are guaranteed. More than $40 million in PPT revenues are received by local units of government within Washtenaw County.

The resolution calls the potential loss of PPT revenue “devastating,” and states that such a loss would ”severely reduce the level of services by the local governments, including but not limited to public safety, transportation, libraries, schools, and local infrastructure.”

Dan Smith abstained from the vote. Rob Turner was absent.

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

Elisha V. Fink was unanimously appointed as magistrate of the 14A District Court by the Washtenaw County board of commissioners at its April 4, 2012 meeting. Fink is filling a vacant part-time position previously held by Camille Horne, who left the job at the end of 2011.

The 14A District Court serves all of Washtenaw County, with the exception of Ann Arbor and Ypsilanti Township. (Ann Arbor is served by the 15th District Court. Ypsilanti Township cases are heard in the 14B District Court.)

Fink has served as managing attorney with Fink Law in Dexter. Her practice has focused on family law, but she also has experience in the areas of business law, criminal law, real estate law, and civil … [Full Story]

Washtenaw County is becoming a charter member of the Washtenaw Health Initiative (WHI), following final approval given by county commissioners at their April 4, 2012 meeting. The effort aims to expand health care coverage for the county’s low-income residents. The membership includes a $10,000 annual fee in both 2012 and 2013, which would be funded through the county’s office of community and economic development.

The 9-1 vote included dissent by Alicia Ping, who said she preferred funds to go directly to services, not for administrative purposes. Rob Turner was absent. Initial approval was given by the board at their March 21 meeting on an 8-1 vote, also with dissent from Ping. Barbara Bergman had been absent and Ronnie Peterson was out of the room when the vote was … [Full Story]

Final approval was given to three items related to Washtenaw County’s administration of the Michigan Works workforce development program by a unanimous vote of the county board of commissioners at their April 4, 2012 meeting. The items received initial approval at the board’s March 21 meeting.

The board authorized acceptance of a $92,309 federal grant to operate a local Michigan Works service center. The primary location in Washtenaw County is the Career Transition Center at 301 W. Michigan Ave. (the KeyBank building) in Ypsilanti. Additional services are offered at the Harriet Street Service Center at 304 Harriet St. in Ypsilanti.

Acceptance of another $16,000 federal grant was approved to fund ongoing professional and partnership development of the local Michigan Works operation.

The third item ratified a mandatory 2012 … [Full Story]

At its April 4, 2012 meeting, the Washtenaw County board of commissioners gave initial approval to hiring an assistant prosecuting attorney at a salary of $81,690. The vacancy opened in December, following an employee retirement. The hire requires board approval because the salary is above the $69,038 midpoint of an authorized range ($68,074 to $96,565). A final vote is expected at the board’s April 18 meeting.

The candidate for the position is Nimish Ganatra, who currently serves as assistant prosecutor for Jackson County, and previously was an assistant prosecutor with the Washtenaw County prosecutor’s office from 2001-2009. He is a graduate of Ann Arbor Pioneer High School, the University of Michigan, and Wayne State University Law School.

Because of furlough days negotiated as part of the recent collective … [Full Story]

Two items related to federal funding for Washtenaw County’s weatherization program for low-income residents got initial approval at the April 4, 2012 meeting of the county board of commissioners. A final vote is expected on April 18.

Commissioners authorized acceptance of $185,326 in federal funds for the weatherization program. The federal program was cut by 65% compared to 2011, but the state of Michigan is reallocating the previous year’s unspent funds as “carry-forwards” for 2012. In 2011, the county received $241,863 for this program.

According to a staff memo, the funding is expected to provide air leakage testing, health and safety evaluations, furnace assessments, refrigerator efficiency testing, post-inspection of the completed work, and consumer education services to 25 units. To qualify for … [Full Story]

Publishers Weekly includes an email interview with Josie Parker and Eli Neiburger of the Ann Arbor District Library. The interview focuses on AADL’s “innovative, analytical, and provocative approach to e-books and next generation library service.” Here’s Neiburger’s answer to a question on whether e-book rentals and purchases can co-exist: “It seems that the library market is about the only place that publishers feel they have some power to set terms right now, so we’re bearing the brunt of boardroom anxiety. But we know in libraries that our superusers are also publishing’s best customers, and that borrowing does not supplant buying, no matter the relative friction. It’s up to libraries to make deals that make sense for their communities and move the … [Full Story]

Hour Detroit magazine publishes a feature on the peonies at the University of Michigan’s Nichols Arboretum, in advance of next month’s blossoming. From the article: “The Peony Garden is undergoing an identification and conservation project designed to establish it as an internationally recognized living reference, as well as a destination for enthusiasts. Working with an advisory board of experts and armed with planting maps of the peony beds from various years (1927, 1949, and the 1970s), project participants are endeavoring to properly identify every plant. About 50 mystery plants live in the beds.” [Source]

University of Michigan board of regents special meeting (April 2, 2012): At a special meeting held on Monday afternoon that lasted less than 30 minutes, the board passed a resolution directing UM administrators to file an amicus brief in support of a lawsuit filed by Michigan House Democrats against the GOP majority. The lawsuit indirectly related to recent legislation regarding graduate student research assistants (GSRAs), which had been given “immediate effect” by a voice vote of the legislature.

From left: University of Michigan regent Julia Darlow talks with UM president Mary Sue Coleman after the April 2 special meeting of the board. Darlow was the only regent physically present for the meeting. All other regents participated via conference call. (Photos by the writer.)

Dissenting in the 5-3 vote were the board’s two Republican regents – Andy Richner and Andrea Fischer Newman – as well as Democrat Libby Maynard. Richner and Newman objected vigorously to the action. Richner said it was inappropriate to intervene in a “political spat,” and worried that the vote could have long-term implications that the regents may regret. Newman said the issue involved House procedural rules that Democrats and Republicans have both used in the past.

Denise Ilitch, who voted with the Democratic majority, said the view of Richner and Newman was hypocritical. She said that they had testified at legislative hearings in support of legislation that had the effect of preventing GSRAs from unionizing. Maynard said her opposition was for very different reasons than those given by Richner and Newman, and indicated that she wasn’t comfortable in general with the university filing amicus briefs.

Except for Julia Darlow, all other regents participated in the meeting via conference call.

A hearing on the lawsuit took place earlier in the day at Ingham County Circuit Court, where judge Clinton Canady III ruled in favor of the Democrats and issued a stay on legislation that had been given immediate effect, including the GSRA legislation. That law – which regents had voted to oppose at a Feb. 21 special meeting – made explicit that GSRAs are not entitled to collective bargaining rights under Michigan’s Act 336 of 1947. There are more than 2,000 GSRAs at the university.

Republicans are expected to appeal Canady’s ruling. The motion that was passed by a majority of regents on Monday directed UM administrators to file an amicus “friend of the court” brief in any appeal as well. Jeff Irwin, a Democrat from Ann Arbor’s District 53, is one of the plaintiffs in the lawsuit. [Full Story]

Washtenaw County board of commissioners working session (March 22, 2012): Commissioners got another briefing about transitioning to a countywide public transportation system, but several expressed concerns about some aspects of the proposal.

Michael Ford, CEO of the Ann Arbor Transportation Authority, talks with AATA community relations manager Mary Stasiak before the start of the March 22, 2012 Washtenaw County board of commissioners working session. Ford gave an update on plans for a countywide transit agreement. (Photos by the writer.)

Michael Ford, CEO of the Ann Arbor Transportation Authority, gave the presentation and fielded questions during the county board’s most recent working session. He touched on some of the same ground that he’d covered at the board’s Dec. 7, 2011 meeting, but provided updates on several actions that have taken place since then. Most significantly, the Ann Arbor city council has approved a four-party agreement that the county will also be asked to join. The agreement does not create a new transit authority, but sets out the process and framework – including a timeline – by which a new authority would be formed.

Ford stressed that the county would not be required to fund the new authority or put a millage on the ballot.  Nor would it incur liabilities for the entity. “Your role is important, but it’s limited,” he said. The county’s primary role would be to file articles of incorporation with the state to form the authority under Act 196 of 1986.

Some commissioners expressed unease with aspects of the process, and pressed Ford for details on several issues. Dan Smith was concerned about how residents in smaller townships would be represented fairly, noting that the residents themselves won’t be voting on whether to participate – that decision will be made by the governing bodies of each municipality. Wes Prater said his main objection is that the process requires municipalities to opt out, rather than opt in – he characterized it as throwing out a wide net and making people crawl out, rather than choosing to join. He predicted that at least 12 townships won’t participate.

Both Smith and Prater represent primarily rural districts. Yousef Rabhi, a commissioner from Ann Arbor, urged the board to take a more regional perspective, arguing that an insular approach among municipalities has plagued this county for a long time, and they need to move past that.

The March 22 working session also included a briefing on state legislative issues by Kirk Profit, a lobbyist for the county with Lansing-based Governmental Consultant Services Inc. This report focuses on the countywide transit presentation. [Full Story]

At its April 2, 2012 meeting, the Ann Arbor city council approved the policy by which the minimum required parking component of developments in the downtown D1 and D2 zoning districts can be satisfied off-site from the development. The city is using the acronym CIL for “contribution in lieu” to describe the option. The idea could be familiar to some readers as PILOP, or “payment in lieu of parking.” The sole vote against the resolution came from Mike Anglin (Ward 5).

If not provided on-site, the policy allows some of the minimum required parking spaces to be provided with one of two basic strategies: (1) commit to a 15-year contract with the Ann Arbor Downtown Development Authority to purchase monthly permits … [Full Story]