Archive for March, 2013

A2Ethics.org has posted a 16-minute video of highlights from the nonprofit’s A2Ethics Big Ethical Question Slam, held on Feb. 7. As described on the A2Ethics website, the annual event is a “one-of-a-kind ethical dilemma competition [that] challenges teams of community organizations to respond to major ethical questions and have their answers evaluated by a panel of invited judges and the audience.” [Source]

Ann Arbor planning commission meeting (March 5, 2013): Despite protests by members of the Library Green Conservancy and hesitation by some commissioners, the city planning commission voted unanimously to add the Connecting William Street plan to its list of resource documents that support the city’s master plan. After the vote, Wendy Woods tried to reopen the item for reconsideration, but she was unsuccessful in garnering support from the majority of commissioners, so the initial decision stands.

The Connecting William Street project was undertaken by the Ann Arbor Downtown Development Authority at the behest of the city council. It focuses on recommendations for coordinated development of five city-own sites in the William Street area, on the south side of downtown. By becoming a resource document, the CWS plan carries less weight than it would if it were part of the city’s master plan.

Amber Miller of the DDA gave a presentation during the March 5 commission meeting, similar to those previously given to the council and the DDA board.

Much of the discussion among commissioners focused on the issue of open space. Miller noted that recommendations on that issue have been deferred to a committee of the city’s park advisory commission. That downtown parks committee is in the early stages of its work – it was scheduled to meet earlier in the day on March 5, but that meeting was canceled.

Commentary during a public hearing on the CWS plan also focused on open space, with several members of the Library Green Conservancy advocating for a centrally located park atop the Library Lane underground parking structure. They criticized the DDA’s process for developing the plan, and felt the planning commission had not adequately publicized the fact that a public hearing on Connecting William Street would be held that evening.

Additional public commentary came after the commission’s vote. Woods said her decision to ask for reconsideration of the item was prompted by concerns raised during this final public commentary. She felt it wouldn’t hurt to wait two weeks until the commission’s next meeting, so that more people could have the chance to weigh in, if they wanted.

Sabra Briere, who had expressed strong reservations before casting her original yes vote, said she supported Woods in her effort to reconsider the item, suggesting that postponement would be appropriate. She expressed concern that the commission was deciding to use the CWS plan as a future planning document – which would be referenced when the planning staff and commission make their recommendations to the city council on site plans and other planning and development actions. Given that importance, Briere – who also serves on city council – wanted to be absolutely certain before accepting it.

Other commissioners disagreed. Kirk Westphal, the planning commission’s chair, also served on a DDA leadership outreach committee (LOC) that helped craft the Connecting William Street plan. He said he felt extremely comfortable with the public process that had led to these recommendations. Eric Mahler also argued against reopening the item for another vote, saying the commission needed to bring closure to this long process. He was satisfied that sufficient public notice had been provided.

It’s unclear whether the city council will take any action on the Connecting William Street plan. As to what happens next, Susan Pollay, the DDA’s executive director, told planning commissioners that the DDA will be following the council’s guidance. Councilmembers have already taken a first step related to one of the five parcels – the former YMCA lot. At their meeting on March 4, 2013, councilmembers voted to direct the city administrator to prepare an RFP (request for proposals) for brokerage services to sell the lot. A $3.5 million balloon payment on the property is due at the end of 2013. [Full Story]

Ann Arbor city council meeting (March 4, 2013): The council had five items on its agenda related geographically to downtown Ann Arbor – but delayed voting on two of them.

On one of those items, the council voted to postpone its initial consideration of changes to Chapter 7 of the city code, which governs the way the tax increment finance (TIF) capture is calculated for Ann Arbor’s downtown development authority. The revisions to Chapter 7 would also affect the composition of the DDA board, excluding elected officials from service.

The council also postponed until its next meeting, on March 18, a possible moratorium on site plan review for projects in the downtown. The possible moratorium previously had been postponed from the council’s Feb. 19 meeting. After hearing extensive public commentary on the topic on March 4 – from residents and representatives of the developer of a proposed 14-story residential project at 413 E. Huron – the council went into closed session.

On emerging from the closed session, the council voted, without deliberation, to postpone the item. The wording in the resolution provides an exemption from the moratorium for site plans that already have a recommendation for approval from the city planning commission. If enacted, the moratorium as worded would still apply to the 413 E. Huron project, because the planning commission’s 5-3 vote for approval fell short of the six it needed for a positive recommendation. The 413 E. Huron site plan is now expected to be on the same March 18 meeting agenda when the moratorium will be re-visited.

Eluding the impact of the proposed moratorium’s wording was another downtown project, which appeared on the March 4 meeting agenda. The site plan for a 14-story apartment building at 624 Church St. was approved at the council’s meeting – but that project would not have been impacted by the moratorium as it’s currently proposed. That’s because it had received a recommendation of approval from the city planning commission.

The council also voted to reconstitute a task force to re-evaluate the downtown design guidelines, which supplement the city’s zoning regulations.

In the final downtown-related item, the council voted to direct the city administrator to issue a request for proposals for brokerage services to possibly sell the city-owned parcel at Fifth and William streets – the location of the former Y building. It’s currently used as a surface parking lot in the city’s public parking system.

While the city is contemplating the sale of that site, which it purchased for $3.5 million, the council voted to buy a much less expensive parcel outside the downtown, near the Bluffs Nature Area. The council approved a purchase price of $115,000 for the parcel, which is located off Orkney Street.

The council also approved two other site plans for projects not in the downtown – although the four-unit project at 515 N. Fifth is near the downtown. The council also approved the Blue Heron Pond development, a 64-unit project on the western side of town, located at Liberty and Maple.

In other business, the council approved receipt of a federal grant to demolish two of the buildings on the city-owned property at 721 N. Main. The buildings are in the floodway. A third building, in the flood fringe, is being studied by the city for possible reuse.

The property at 721 N. Main is a former maintenance yard. So none of the 44 vehicles authorized for purchase by the council at the March 4 meeting will be maintained there. Total cost of the vehicles was $928,499.

None of the vehicles authorized for purchase was a plug-in electric vehicle. However, the council passed a resolution in support of preparing city infrastructure for plug-in vehicles. Two-other energy-related agenda items included one supporting the city’s participation in Earth Hour, and another one supporting use of the city’s energy fund for energy improvements in connection with community projects.

An item that drew considerable discussion before approval related to street closings associated with the June 9, 2013 Ann Arbor marathon. [Full Story]

National Sunshine Week started yesterday. That’s not a celebration of daylight saving time, which started the same day. But the two could be connected. Yesterday’s annual conversion to daylight saving time is supposed to give everyone some extra literal sunshine toward the end of the day. Sunshine Week is an occasion to remind ourselves of the extra figurative sunshine in our governance – ensured in many states through legislation enacted in the 1970s.

Sunshine Week is an occasion to remind ourselves that open government is good government.

Michigan has two laws that are key to open government: the Open Meetings Act (OMA) and the Freedom of Information Act (FOIA). Both of these laws rely crucially on good faith. For example, the FOIA allows a public body to deny access to certain public records – like those that are protected by the attorney-client privilege.

If a record is requested and then denied based on the attorney-client privilege, a requester has no way of judging whether the assertion of privilege is appropriate. A requester relies on the good faith of government officials that privilege is not inappropriately extended to records that are not in fact protected by privilege. A requester can resort to a lawsuit, which under Michigan case law can result in the review of the records by a judge to confirm – or refute – the public body’s assertion of privilege. But few requesters have the wherewithal to file a lawsuit over a FOIA denial.

Here at The Ann Arbor Chronicle, we’re celebrating Sunshine Week by laying out a recent occasion when we requested records under the FOIA, were denied the records, appealed to the city administrator, were denied under the appeal, but then were able to obtain some of the records by other means. The record in question is an email written by Ann Arbor city attorney Stephen Postema. This provides an opportunity to evaluate independently, without filing a lawsuit, whether the city inappropriately asserted attorney-client privilege in denying access to a record.

We consulted on the matter with an attorney, Marcia Proctor, who agreed to analyze the relevant factors in a hypothetical scenario. Proctor is former general counsel of the Michigan Bar Association, a specialist in legal ethics, whose practice specializes in professional responsibility for lawyers and judges.

We first present the hypothetical scenario, followed by a brief discussion of the relevant factors in the scenario identified by Proctor. We then present the text of the email and apply the various tests outlined by Proctor. We reach the conclusion that the city inappropriately asserted attorney-privilege to the document.

We then evaluate whether a different exemption provided by the FOIA might apply. That exemption allows a public body to withhold communications internal to the body – to the extent that they are non-factual and preliminary to a final decision by the body. In the balancing test prescribed by the state statute, we reach a different conclusion than the city did: We think the public interest in disclosure outweighed any interest the city had in shielding this frank internal communication from public view.

Finally, we urge the city council to weigh in on the city’s administrative policy on FOIA response, which is currently being revised. It’s important for councilmembers to set the overarching principle that guides the city’s FOIA responses. And we think that guidance should be biased in favor of disclosure. [Full Story]

A post on Ann Arbor Schools Musings highlights a March 11 panel of the state Board of Education, focusing on funding reforms for K-12 education. The post includes a note from Jack Panitch, former Angell PTO president, urging people to attend: “This is an opportunity to show Lansing that large numbers of informed voters are watching their actions and that we care about our kids’ futures. It is also an opportunity to fall flat on our face if attendance is thin.” The event, which is open to the public, runs from 6-8 p.m at Pioneer High’s Little Theater, 601 W. Stadium Blvd. [Source]

Ann Arbor Public Schools board of education regular meeting (Feb. 27, 2013): At a meeting that lasted until 3 a.m., the Ann Arbor Public School (AAPS) school board covered a variety of topics, including: an extensive report on high school issues; budget shortfalls; and budget reductions.

A report on high school scheduling got a mixed reaction from the board. While many trustees appreciated the work that went into the report, there was disappointment that no hard recommendations were made by the committee. No decisions were made on the issue of moving high school start times or moving Skyline High School from a trimester to a semester schedule.

And Robert Allen, deputy superintendent of operations, left the board reeling when he reported the district was just under $2.5 million over budget and needed to adjust the 2012-2013 budget. The discrepancy resulted from staffing adjustments and changes in funding from the state of Michigan.

Having been directed by the board at a previous meeting to explain better the implications of each item cut, Allen again reviewed some budget reduction options for the coming year.

The board was also briefed on the condition of physical properties and updated on the capital funding plan. Executive director of physical properties Randy Trent suggested the possibility of placing a combined bond and sinking fund millage on the ballot, instead of asking for a simple renewal of the sinking fund millage, levied currently at 1 mill. The idea would be to ask voters for the same amount – to cover the combined proposal – with the advantage that the bond revenues can be spent more flexibly.

The board was briefed on major purchases for projectors and copiers and voted to approve some purchases on which they’d already been briefed a their previous meeting – for AstroTurf and laptop computers.

The board also voted to place a discussion of a resolution on its agenda for March 13, which would express the board’s support for three district high school students who now face criminal charges as a result of a brawl at the conclusion of a football game last year.  [Full Story]

Ann Arbor Downtown Development Authority board meeting (March 6, 2013): In a main agenda item, the DDA board authorized a $300,000 grant to the Ann Arbor Housing Commission – for renovations to the 64-unit Baker Commons public housing facility. It added to the $280,000 grant made late last year for the replacement of the Baker Commons roof.

The grant award had come at the request of AAHC executive director Jennifer L. Hall, who’s proposing a major change to the way the 360 units of public housing are administered. The approach involves privatization and project-based vouchers.

The DDA’s support for public housing also surfaced at the meeting as a talking point for board members in the context of a proposal being considered by the Ann Arbor city council – which would amend the city ordinance regulating how the DDA’s tax increment finance (TIF) capture works. The amendments would clarify existing language in the city ordinance in a way that would favor the other taxing authorities, whose taxes are captured as a part of the DDA’s TIF. The council postponed action on that proposal at its March 4, 2013 meeting. In that context, at the DDA’s March 6 meeting, board member Sandi Smith raised the specter that the DDA would in the future not be able to support affordable housing in the same way it has done in the past.

In addition to clarifying the question of how TIF is calculated, the amendments would prevent elected officials from serving on the board and would impose term limits for board service. Board members took turns at the start of the meeting arguing that the DDA had been a good steward of public dollars and that the amendments to the ordinance are not warranted. Board members indicated that they didn’t think their service as volunteer members of a board was being afforded adequate respect by the city council.

The board comments followed a turn at public commentary at the start of the meeting from Brendan Cavendar of Colliers International, a commercial real estate services firm. His commentary departed from the typical pattern of someone signing up to address the board for up to four minutes. Instead, Cavendar had been invited to appear, and responded to prompts from board members to deliver a range of positive responses, including: future tenancy of the former Borders location; rising rents in the downtown area; and affirmation of the importance of the downtown public parking system.

The city’s public parking system is managed by the Ann Arbor DDA under a contract with the city of Ann Arbor. The monthly parking usage report is featured at every board meeting. But the March 6 meeting featured the parking system in an additional way. The board decided to award the full $50,000 of a discretionary management incentive to the DDA’s subcontractor – Republic Parking – for operation of the public parking system. It’s an annual decision, but it’s the first time in the last five years that the full amount has been awarded. The decision was based on good performance on metrics tracked by the DDA, according to the board.

In a third voting item, the board authorized $610,662 in support of getDowntown’s go!pass program, which provides a subsidy to cover the cost of rides taken on Ann Arbor Transportation Authority buses by employees of participating downtown businesses. To participate, a business must purchase a go!pass for all employees, at an annual cost of $10 per employee. Roughly 6,500 downtown employees are provided with go!passes through the program. [Full Story]

Reuters reports on how federal spending cuts under sequestration are affecting university research. The report quotes Steve Forrest, vice president of research at the University of Michigan: “There (are) going to be a lot of research jobs at risk. That will hit young researchers disproportionately hard.” [Source]

Washtenaw County board of commissioners meeting (March 6, 2013): Following a brief public portion of their meeting, commissioners held a two-hour closed session to discuss a new contract with the county’s labor unions, which has been negotiated over the past few weeks.

This was the third consecutive meeting that’s included a lengthy closed session on this topic, as the administration has been conducting accelerated negotiations with its union to reach a new contract before March 27. That’s the date when Michigan’s right-to-work legislation – enacted late last year – takes effect. At the board’s Feb. 20, 2013 meeting, commissioners gave final approval to a resolution opposing the legislation, with a clause that directed the county administration to renegotiate union contracts.

Several union leaders attended the March 6 meeting. However, they did not formally address the board, and left before commissioners ended the closed session.

The board took no action after emerging from the closed session. The new long-term agreements are expected to be brought forward for a vote at the board’s March 20 meeting, and would also need to be ratified by union membership.

A new union contract is likely to have a significant impact on the county’s budget, which will be the focus of a board retreat on Thursday, March 7. Board chair Yousef Rabhi briefed commissioners on the agenda for that retreat. The discussion will focus on six key areas: (1) labor force sustainability/internal equity; (2) environmental impact and mobility in Washtenaw County; (3) economic development; (4) human services/safety net; (5) mandated service provision/resources; and (6) long-term fiscal stability.

Also impacting county operations are automatic sequestration-related federal budget cuts that were activated on March 1. Rabhi read aloud a letter from the U.S. Dept. of Housing & Urban Development, which alerted the county to an anticipated 5% reduction in HUD funding during the current fiscal year for programs supporting low-income housing and emergency assistance to the homeless, among others. The full impact of federal cuts across all county departments – including public health and the office of community & economic development – is not yet known, according to the county’s finance director.

The light agenda on March 6 included three items related to public health: (1) a move toward setting a $75 fee for the county’s training course to certify drinking water operators; (2) giving initial approval to the county public health department’s plan of organization, as mandated by the state of Michigan; and (3) making two appointments to the Washtenaw Community Health Organization (WCHO) board.

Rabhi also reported that the county’s new food policy council, on which he serves, might make a funding request soon to hire a staff member, who would help carry out the council’s work. The council was formed in 2012 to support the local food economy. [Full Story]

Helen Zell, a University of Michigan graduate and wife of real estate magnate Sam Zell, is donating $50 million to UM’s graduate creative writing program. The gift comes via the Zell Family Foundation, which Helen Zell leads as executive director. The two-year program is being renamed the Helen Zell Writers’ Program. [Associated Press report] [UM press release]

Dennis McDougal and Jeanette Spencer have been appointed to the Washtenaw Community Health Organization (WCHO) board for terms ending March 31, 2016. The county board of commissioners made the appointments in a unanimous vote at their March 6, 2013 meeting.

The Washtenaw Community Health Organization (WCHO) is a partnership between Washtenaw County and the University of Michigan Health System. Each institution appoints six members to the board. The partnership focuses on providing services to children and adults with mental or emotional health disorders, substance abuse problems or developmental disabilities.

The organization is in transition following the sudden death of Patrick Barrie, the former WCHO executive director who died in late 2012. WCHO also recently relocated its offices to the county-owned 705 … [Full Story]

On a unanimous vote, Washtenaw County commissioners gave initial approval to setting a $75 fee for the county’s training course to certify drinking water operators. The action came at the board’s March 6, 2013 meeting. There was no discussion on this item. A final vote is expected on March 20.

Entities with drinking water supplies or places that use certain water treatment processes – like factories or schools – are required by the state to have certified operators. Until the end of 2013, the Michigan Dept. of Environmental Quality (MDEQ) reimbursed local health departments that offered these training courses, paying $75 for each certified operator who attended. Those funds will no longer be provided. The Washtenaw County public health department plans … [Full Story]

The Washtenaw County board of commissioners unanimously gave initial approval to the county public health department’s plan of organization, as mandated by the state of Michigan. The action took place at the board’s March 6, 2013 meeting, without discussion. A final vote is expected on March 20. [.pdf plan of organization]

State law requires that the county submit a plan of organization every three years to the Michigan Department of Public Health. The 103-page document outlines the county health departments legal responsibilities and authority; the department’s organization, vision, mission and values statement; community partnerships; services, locations and hours of operation; reporting and evaluation procedures; and procedures for approving the county’s health officer and medical director. In Washtenaw County, the health … [Full Story]

The Ann Arbor city council has called a special session for March 11, 2013 starting at 6 p.m. in city council chambers at 301 E. Huron St.

The purpose of the special meeting is to go into closed session to discuss written attorney-client privileged communication. One possibility for the topic the council will cover in the closed session relates to a possible moratorium on site plan review for D1-zoned areas of the downtown, which the council has considered but postponed at its two most recent meetings.

The council already had a budget work session scheduled for the same time. So the budget work session will start at 7 p.m. instead.

The Ann Arbor Housing Commission’s Baker Commons building, located in downtown Ann Arbor at Packard and Main, will get an infusion of $300,000 from the Ann Arbor Downtown Development Authority – as a result of action by the DDA board at its March 6, 2013 meeting.

The $300,000 will be used toward a range of capital improvements to the 60-unit building: driveway and sidewalk replacement and repair; installation of energy-efficient lighting; insulation and air sealing; window replacement; adding a second entrance; door replacement; upgrade of fixtures appliances, flooring and cabinetry; replacement of heating and cooling units; generator replacement, elevator replacement, upgrade of common area furniture, and installation of additional security cameras.

This grant for $300,000 to Baker Commons comes in addition to … [Full Story]

Ann Arbor downtown workers who are employed by participating companies will continue to have the fare for their rides on Ann Arbor Transportation Authority buses covered by the go!pass program – as a result of a $610,662 grant from the Ann Arbor Downtown Development Authority. Holders of a go!pass do not themselves pay a fare to board the bus. Rides are subsidized by the DDA and to a much lesser extent by employers.

The DDA board voted to approve the grant at its March 6, 2013 meeting. The total grant to the getDowntown program breaks out as follows:
YEAR 2014
getDowntown … [Full Story]

The Ann Arbor Downtown Development Authority’s public parking system contractor has this year been awarded the full $50,000 amount of a discretionary management incentive. Republic Parking’s contract with the Ann Arbor DDA covers just actual costs, but also includes a $200,000 management fee. Of the $200,000 management fee, $50,000 is awarded to Republic on a discretionary basis. The vote came at the board’s March 6, 2013 meeting.

For the first time in the last five years, the DDA board decided to award the full $50,000 of the incentive. Last year, at its Feb. 1, 2012 meeting, the board determined to award $45,000 of the discretionary amount. That matched the same figure awarded in 2011, 2010 and 2009.

The direct costs for … [Full Story]

The Ann Arbor planning commission has voted to add the Connecting William Street plan to its list of resource documents that support the city’s master plan. It was the main agenda item at the commission’s March 5, 2013 meeting, and was approved unanimously. By adding the CWS plan to the list of resource documents, the planning commission did not alter the city’s downtown plan or the master plan.

However, there was some concern about whether the agenda item had been adequately publicized. Those concerns were voiced by several people during public commentary before and after the vote, which led Wendy Woods to attempt to reopen the item for reconsideration at the end of the meeting. The vote to reopen … [Full Story]

A special meeting of the Ann Arbor public art commission has been called for Thursday, March 7 starting at 4:30 p.m. in the fifth floor conference room at city hall, 301 E. Huron. The possibility of a special meeting had been discussed at AAPAC’s regular meeting on Feb. 27, 2013. The main agenda item will likely be a possible memorial to Coleman Jewett – a bronze Adirondack chair at the Ann Arbor farmers market. Although a donor has come forward with funding for the project, it has not yet been formally accepted by AAPAC.

Separately, two meetings related to the city of Ann Arbor’s parks and open space programs were canceled this week. A subcommittee of the park advisory commission … [Full Story]

An article on RH Reality Check explores the efforts by Ann Arbor-based Zingerman’s to develop a “thriveable wage” for its employees. Excerpts from a vision statement: “Higher wages lead to higher morale and is the engine that keeps everything spiraling upward. In many cases, productivity increases due to lowered stress levels in the lives of the people in our organization because of assurance that their financial needs are covered.” [Source]