Archive for September, 2013

The city of Ann Arbor has reported that on the evening of Sept. 20, 2013, it discovered that sewage was coming to the surface and flowing into a drainage swale that leads to First Sister Lake on the city’s west side, and ultimately to the Huron River. According to the city’s press release, the discharge was attributed to an infiltration of tree roots and debris that had caused a sanitary sewer line to clog.

In the description provided in the press release, city crews were notified around 6:30 p.m. Friday evening that a strong smell was coming from behind a shopping complex at Jackson Road and I-94. The amount of the flow was estimated to be comparable to about half the … [Full Story]

At its most recent meeting on Sept. 16, 2013, the Ann Arbor city council again considered a revision to the ordinance regulating the tax increment finance (TIF) of the Ann Arbor Downtown Development Authority (DDA). The council had given initial approval to the Chapter 7 changes nearly six months ago, on April 1, 2013. But at the Sept 16 meeting, the council again postponed a final vote on the revisions, this time until Oct. 21.

Downtown location of the Ann Arbor District Library (Photo by the writer, Sept. 21, 2013)

Other taxing jurisdictions besides the city of Ann Arbor – entities that also have a portion of their levied taxes captured by the DDA – have something at stake.  Those units are Washtenaw County, Washtenaw Community College and the Ann Arbor District Library. The topic of other taxing jurisdictions’ interest in the Chapter 7 revisions has been raised at three public meetings since late August: (1) at an Aug. 26 meeting of a joint city council and DDA board committee; (2) at the Sept. 15 city council Sunday night caucus; and (3) at the Sept. 16 city council meeting.

Some councilmembers have speculated about the current view held by one of the other taxing jurisdictions in particular – the Ann Arbor District Library. AADL director Josie Parker wrote a letter to mayor John Hieftje in January 2012 outlining the library’s position on the matter at the time, something that has been widely reported. The Chronicle only recently became aware that a similar letter had been sent by Parker to the Ann Arbor DDA in August 2011.

Those letters articulate a view that’s consistent with op-eds published in The Chronicle on the topic – that the DDA owes more in repayments to the taxing jurisdictions than the DDA agreed it needed to pay back in May 2011. Further, the AADL’s position, as expressed in the two letters from Parker, is to reject the DDA’s most recent and current interpretation of the city ordinance  – which was stated only after the DDA had already made repayments of excess TIF capture in 2011. Those repayments had been made to cover several prior years, because the required repayment had been “overlooked.”

The DDA’s subsequent interpretation was that the DDA did not owe the money it had returned in 2011. DDA officials maintain that as long as the DDA had debt obligations, it would also not owe any return of excess TIF to the other taxing jurisdictions in the future. Based on calculations by The Chronicle, the DDA’s current interpretation probably deprives AADL of roughly $55,000-$60,000 annually, compared to the kind of interpretation AADL gives the ordinance. That amount could increase, or decrease, in the future.

The position articulated in Parker’s August 2011 letter includes the statement: “The Library fully intends to enforce its rights for all past and future amounts owed to the Library as a result of excess TIF capture. However, the Library would prefer to resolve these issues without court involvement.”

Responding to a question in a telephone interview with The Chronicle on Sept. 19, 2013, Parker stated: “The position of the Ann Arbor District Library is still accurately reflected in those letters.”

That statement appears to resolve any uncertainty that might exist about the AADL’s current position. At the Sept. 15 Sunday night caucus, for example, Sabra Briere (Ward 1) had ventured that Parker’s letter to Hieftje might be appropriately regarded as a “snapshot in time” and might not reflect the AADL’s current position. And Christopher Taylor (Ward 3), during the Aug. 26 joint committee meeting, appeared to discount the current relevance of the letter to Hieftje by asking what year it had been sent.

However, about the AADL’s position on the DDA TIF capture taken in 2011, Parker stated this week: “It has not changed.” [Full Story]

Editor’s note: Nelson’s “In it for the Money” opinion column appears regularly in The Chronicle, roughly around the third Wednesday of the month.

David Erik Nelson

You might choose to disintermediate your meat consumption for a variety of reasons.

Maybe you’re a local organic kinda gal. Maybe you want a niche product (e.g., heritage pork, halal goat, bilingual llama) but can’t swing the upmarket prices at Whole Foods and their ilk. Maybe you want to keep the government out of your meat purchasing decisions.

Maybe you thrill to the challenge of using the whole hog, one piece at a time. Maybe you want to eat meat as ethically as possible, personally verifying that the animals are treated kindly in life and compassionately in death. [1]

Whatever your motivation, as Michiganders, you are perfectly situated to enjoy the most deliciously ethical domestically raised meat available in this modern world.

Who do you have to thank for this boon? Lazy deer-hunters, fickle farmers, conspiracy theorists, gun “nuts” – the usual folks. [Full Story]

John U. Bacon

Michigan football fans often wear funny pants and funny hats. They sing funny songs and tell funny stories.

But to Michigan fans, some things are not funny – and Appalachian State is about five of them.

You might recall those guys, who opened the 2007 season against the fifth-ranked Wolverines. Everybody made fun of Appalachian State, because nobody knew where it was. It turns out it isn’t even a state. I looked it up.

Their fight song didn’t make a very strong argument, either: “Hi-Hi-yike-us. No-body like us. We are the Mountaineers! Always a-winning. Always a-grinning. Always a-feeling fine. You bet, hey. Go Apps!”

“The Victors,” it was not.

No ranked team in the game’s top division, like Michigan, had ever lost to a team from Appalachian State’s division. The point spread was 27. Not since 1891, when the Wolverines opened the season against Ann Arbor High School, did Michigan’s home opener seem like such a mismatch.

Until the game started, that is. [Full Story]

In an opinion piece published by the Detroit News, Zingerman’s co-founder Paul Saginaw describes his company’s efforts to pay its food-service workers more than the federally mandated living wage. He writes: ”We would be irresponsible employers if the jobs we provided could not support housing stability and health security. So we are motivated to gradually raise wages to a ‘thrive-able level’ for all of our lowest-paid employees across the board. A living wage is the path to a living economy and the antidote to the current suicide economy trajectory we find ourselves on.” [Source]

Washtenaw County commissioners have voted to explore options – including possible legal action – to help set cleanup criteria for the carcinogen 1,4-dioxane in Michigan. In addition to its broader implications, the resolution is meant to address the 1,4 dioxane plume stemming from contaminants at the former Gelman Sciences plant in Scio Township, which is now closed. [.pdf of county resolution]

Map of Pall-Gelman 1,4-dioxane plume, by Washtenaw County. Black arrow added to indicate baseball field at West Park. The yellow region is the estimated plume … [Full Story]

Washtenaw County commissioners postponed final action on a new countywide micro loan program for small businesses until their Oct. 2, 2013 meeting. They took the vote at the Sept. 18 meeting with only six of the nine commissioners present.

Andy LaBarre (D-District 7) made the motion to postpone, but did not state a reason during the meeting and there was no discussion on the item. When queried after the meeting by The Chronicle, LaBarre indicated that with three commissioners absent – Felicia Brabec (D-District 4), Rolland Sizemore Jr. (D-District 5) and Ronnie Peterson (D-District 6) – it was unclear whether there were sufficient votes to pass the measure. Under the county board rules, a resolution requires votes from “a majority of the members … [Full Story]

Washtenaw County commissioners gave final approval to reaffirm and update the county’s affirmative action plan, as well as other nondiscrimination in employment-related policies. [.pdf of staff memo and policies] The primary change adds a prohibition of discrimination on the basis of gender identity, gender expression, and sexual orientation.

The action took place during the county board’s Sept. 18, 2013 meeting. The vote was 6-0, with three commissioners absent: Felicia Brabec (D-District 4), Rolland Sizemore Jr. (D-District 5) and Ronnie Peterson (D-District 6).

During public commentary on Sept. 4 – when an initial vote was taken – community activist Jim Toy and Jason Morgan, a board member of the Jim Toy Community Center, had spoken in support of the changes. No … [Full Story]

After postponing action at its Sept. 4, 2013 meeting, the Washtenaw County board of commissioners voted on Sept. 18 to create a 13-member advisory group to look at options for the county-owned Platt Road site in Ann Arbor, where the old juvenile center was located. The vote was 6-0, with three commissioners absent: Felicia Brabec (D-District 4), Rolland Sizemore Jr. (D-District 5) and Ronnie Peterson (D-District 6).

The original resolution brought forward on Sept. 4 was developed with guidance from commissioner Andy LaBarre (D-District 7), who represents the district where the property is located. It called for a nine-member committee with the following composition:

• 2 county commissioners
• 1 Ann Arbor city councilmember
• 2 residents from the adjacent neighborhood
• The executive director of the Ann … [Full Story]
  

Three new full-time jobs for stewardship of Washtenaw County’s nature preserves have been authorized by the county board of commissioners, which took a final vote on the item at its Sept. 18, 2013 meeting. The vote was 6-0, with three commissioners absent: Felicia Brabec (D-District 4), Rolland Sizemore Jr. (D-District 5) and Ronnie Peterson (D-District 6). Initial approval had been given on Sept. 4.

The positions include: (1) a park laborer with a salary range of $31,507 to $41,766; (2) a park associate/principle planner with a salary range of $40,253 to $61,195; and (3) a stewardship coordinator, with a salary range of $43,373 to $56,586.

The additional jobs reflect a change approved by the county board nearly a year ago. At their … [Full Story]

Washtenaw County commissioners unanimously passed a resolution that gives blanket approval in the future to nearly 30 annual entitlement grants received by the county totaling an estimated $8.8 million, beginning in 2014. Currently, each of those grants requires separate annual approval by the board. The vote was 6-0, with three commissioners absent: Felicia Brabec (D-District 4), Rolland Sizemore Jr. (D-District 5) and Ronnie Peterson (D-District 6).

The action, taken at the board’s Sept. 18, 2013 meeting, was one of several items related to the office of community & economic development, which administers these grants. An initial vote on this item had been taken on Sept. 4, 2013.

According to a staff memo, these grants are awarded on a reoccurring basis based … [Full Story]

A new way to pay off debt incurred from bonding – typically for public works projects in local municipalities – was given initial approval by the Washtenaw County board of commissioners at its Sept. 18, 2013 meeting. The proposal would allow local units of government to repay bonds early via the county’s delinquent tax revolving fund (DTRF), which is administered by the county treasurer. The intent is to reduce interest rate payments while posing no financial risk to the county, according to a staff memo.

The maximum amount of the advance would be $1 million, with a term of 10 years or less. The action would require approval by both the treasurer and the board of commissioners. Several other criteria for … [Full Story]

The Ann Arbor city council’s vote last Monday on the appointment of Al McWilliams to the board of the Ann Arbor Downtown Development Authority was 6-5 on the 11-member body. A 6-5 vote for the Ann Arbor council is rare, and reflects a certain amount of controversy surrounding McWilliams’ appointment.

Fact: 6 is not actually greater than or equal to 8.

But in this column I’d like to leave aside the controversies that led to such a narrow split. Instead, I’d like to review the history of the legislative actions that led up to the 6-5 vote at the council’s Sept. 16, 2013 meeting. That review leads me to conclude that eight votes should have been required for approval.

A quick narrative summary goes like this: McWilliams was set to be nominated, then not actually nominated, but then nominated after all, then had his nomination “withdrawn,” and then finally had his nomination voted on by the council. But in the end, the six-vote majority was declared enough to confirm his membership on the DDA board, replacing Newcombe Clark, who made an employment-related move to Chicago after serving one four-year term.

Choice of the phrase “was declared enough to confirm” is not accidental. Even though the tally of six votes was deemed sufficient by the city clerk and mayor John Hieftje for approval of the motion, I think the vote actually required eight votes to pass.

Under the council’s rules, a nomination to a board or commission can’t be confirmed or approved before the next regular meeting of the council – unless eight members of the council vote for the confirmation. So the typical pattern is that a nomination is put forward at one meeting and the vote on confirmation is taken at the next regular meeting.

Hieftje explicitly stated at the council’s Sept. 3 meeting – during deliberations – that he was withdrawing the nomination of McWilliams. The matter was not “postponed” – as Hieftje described it at the Sept. 16 meeting – because the council did not vote on the McWilliams nomination at all, much less vote in a way that postponed consideration. It certainly would have been an option for the council to have entertained a motion to postpone. But councilmembers did not wind up voting on it at all, and Hieftje stated: “Okay, so I will withdraw it [McWilliams' nomination] tonight.”

Under any rational understanding of the nomination and confirmation procedure, Hieftje needed to take some affirmative action to put the nomination before the council again, which could have been done at the Sept. 16 meeting. Early in that meeting, during communications time, Hieftje indicated to the council he’d be bringing McWilliams’ nomination forward toward the end of the meeting, when nominations and confirmations are handled. The nomination was not on the council’s agenda as of 4 p.m. that day and came as a surprise to some councilmembers.

But instead of just placing the nomination of McWilliams before the council, Hieftje also asked the council on Sept. 16 to vote on confirmation, which it did – with the 6-5 outcome.

It’s puzzling that the online Legistar file for Sept. 16 containing the McWilliams nomination states that the nomination was “placed on the table for [the council's] consideration at the Sept. 3, 2013 Regular Session.” Reviewing my own notes, The Chronicle’s reporting and the CTN video, I can’t discern anything that happened at the Sept. 3 council meeting that could reasonably be described as placing McWilliams’ nomination on the table for consideration. Certainly councilmembers were asked to vote on Sept. 3 on a nomination that had been put before them on Aug. 19. But at the Sept. 3 meeting, the nomination was withdrawn by Hieftje for consideration by the council. And the Legistar record from Sept. 3 accurately reflects that: “Appointment taken off the table on 9/3/13.”

It’s certainly contemplated by the council’s rules that a nomination and confirmation vote can take place at the same meeting. So asking for the vote on Sept. 16 did not violate the council’s rules. It’s just that the 6-5 outcome on that vote should have been judged as not confirming the appointment of Al McWilliams to the DDA board – because it needed eight votes.

The problem here is not just a technical one. What’s the rationale for a higher voting threshold when a confirmation vote comes at the same meeting as the nomination? Granted, I think part of the rationale is to ensure enough time for an adequate review and vetting of a candidate – which arguably took place in the case of McWilliams’ nomination. But part of the rationale is not peculiar to appointments to boards and commissions. At least part of that general parliamentary principle is this: A higher standard is imposed when less notification has been given to the members of the council (and to the public).

When Hieftje withdrew McWilliams’ nomination at the Sept. 3 meeting, I think councilmembers and the public could have had a reasonable expectation that they’d be notified of an upcoming vote on his confirmation at least one meeting before a confirmation vote was taken. Absent that notification, the threshold for a successful vote should rise – to eight.

In this column, I’ll lay out some of the documentation in the online Legistar files that makes clear that the Sept. 16 nomination really was considered a new, fresh nomination that should have required either an eight-vote majority or a delay on voting until the following meeting.

I also have a suggestion for a remedy that does not involve Miley Cyrus. [Full Story]

In a phone conversation with The Chronicle on the morning of Sept. 18, Washtenaw County board chair Yousef Rabhi confirmed that a resolution asking for the repeal of Michigan’s “Stand Your Ground” law has been pulled from the Sept. 18 meeting agenda. Although the item was still listed in the online agenda that’s posted on the county’s website, Rabhi said the resolution will not appear on the printed agendas distributed at tonight’s meeting.

Two commissioners on the 9-member board – Felicia Brabec (D-District 4) and Rolland Sizemore Jr. (D-District 5) – will be absent, Rabhi said, and he expects that three other commissioners would vote against the resolution. Because of that, it would likely only garner four votes in support. … [Full Story]

Michigan Open Carry Inc., an advocacy group based in Lansing, is encouraging people who live near Ann Arbor to attend the Sept. 18, 2013 meeting of the Washtenaw County board of commissioners and protest a resolution that asks state legislators to repeal Michigan’s version of a “stand your ground” law. Update: The resolution has been removed from the Sept. 18 agenda, but will likely be considered on Oct. 2. See: “‘Stand Your Ground’ Pulled from County Agenda.”

A post on the group’s Facebook page states: “We understand the County Building does not contain a court, but we have not verified this. If it is indeed not a court, open or concealed carry would be lawful and the county … [Full Story]

Ann Arbor planning commissioners postponed action on the proposed Traverwood Apartments, a complex of 16 two-story buildings on the west side of Traverwood Drive, north of Plymouth Road. The project – being developed by Ann Arbor-based First Martin Corp. – requires site plan approval and rezoning, as well as approval of a wetland use permit. The postponement took place at the commission’s Sept. 17, 2013 meeting.

Aerial view of proposed Traverwood Apartments at 2225 Traverwood Drive, north of Plymouth Road.

The total 21.8-acre site, which is currently vacant, is made up of two parcels: a 17.96-acre lot that’s zoned R4D (multi-family … [Full Story]

A recommendation to waive fees for any charity that distributes “goods for basic needs” in Ann Arbor parks was passed unanimously by the city’s park advisory commission at its Sept. 17, 2013 meeting. It was brought forward by Christopher Taylor, a city councilmember and ex-officio member of PAC.

The commission’s recommendation comes two months after the Ann Arbor city council waived all rental fees for the use of Liberty Plaza during a one-year trial period, based on a PAC recommendation. That city council action came at its July 15, 2013 meeting. That fee waiver was approved in response to a situation that arose earlier in the spring, when city staff considered applying fees to the hosting of Pizza in the Park in Liberty … [Full Story]

At its annual election of officers, the Ann Arbor park advisory commission unanimously selected Ingrid Ault as chair and Graydon Krapohl as vice chair. The action took place at PAC’s Sept. 17, 2013 meeting. There were no other nominations.

The current chair, Julie Grand, is term limited. Her last meeting will be on Oct. 15. Ault has served as vice chair for PAC since Oct. 16, 2012, and chairs the commission’s downtown park subcommittee. Krapohl joined PAC in January of 2013.

In a separate vote on Sept. 17, Bob Galardi was re-elected chair of PAC’s budget and finance committee.

This brief was filed from the second-floor council chambers at city hall, 301 E. Huron. A more detailed report will follow: [... [Full Story]

The Washtenaw County board of commissioners will be appointing a new member of the county road commission, following action by Superior Township trustees to select Ken Schwartz as supervisor.

Schwartz, a former county commissioner who currently serves as one of the three county road commissioners, was appointed by the township’s board of trustees to replace former supervisor Bill McFarlane, who resigned recently because of health issues. The appointment was made at the township board’s Sept. 16, 2013 meeting.

According to a post on the township’s website, Schwartz’s term as supervisor begins Oct. 1 and ends at noon on Nov. 20, 2014. The elected office will be on the ballot for the August 2014 primary and the November 2014 general … [Full Story]

Ann Arbor planning commission meeting and work session (Sept. 10, 2013): Planning commissioners acted on a change to the city’s master plan, by approving an update to the non-motorized transportation plan.

Architect and Ann Arbor planning commissioner Ken Clein shows evidence of his non-motorized transportation – his bicycle helmet. In the background is commissioner Diane Giannola. (Photos by the writer.)

Items in the city’s master plan must receive approval from both the planning commission and the council, so councilmembers will be asked to vote on the update as well. [.pdf of draft 2013 non-motorized transportation plan update]

The 79-page document includes sections on planning and policy, as well as recommendations for short-term and long-term projects, such as bike boulevards, crosswalks, sidewalks and larger efforts like the Allen Creek greenway and Border-to-Border Trail. An additional document – over 100 pages – outlines the update’s public participation process, including emails and comments received during public meetings.

Eli Cooper, the city’s transportation program manager, briefed commissioners on this update, and much of their discussion centered on how to prioritize and implement the items in the plan – especially the funding for sidewalk “gaps.”

Cooper pointed out that implementation relies on including these projects in the city’s capital improvement plan (CIP), which the planning commission reviews and recommends for approval each year. City planning manager Wendy Rampson suggested that the commission could reconvene its CIP committee to talk about these issues.

In its other item of business, commissioners unanimously recommended approval of a proposed expansion to the U-Haul business at 3655 S. State St., south of the I-94 interchange. It will be forwarded to the city council for consideration.

The relatively short meeting – lasting about 90 minutes – was followed by a working session focused on Michigan’s “Redevelopment Ready Communities” program, in which the city of Ann Arbor is participating. [.pdf of program overview]

Rampson described the program as a tool to help communities put in place elements that would allow redevelopment to happen. Those things include master plans that are clear about what community expectations are for new developments, and zoning needs to reflect those expectations in a very specific way. It means that when developers look at a specific property, they’ll be able to know exactly what they can do.

If the city completes the state’s evaluation successfully, Rampson said, then it would be certified as a “Redevelopment Ready” community. This is a relatively new program, but the state has indicated that communities with this certification could receive priority points on grants from the Michigan Economic Development Corp. and the Michigan State Housing Development Authority (MSHDA).

Before the staff can proceed, Rampson explained, the city council must pass a resolution stating that the city can participate. On Oct. 14, the issue will be on the agenda for a joint city council and planning commission working session, although the main topics will be the current downtown zoning review and R4C/R2A zoning revisions.

Commissioners discussed how this program might be received by the community, with Sabra Briere – who also serves on the city council – pointing out that for some people “redevelopment ready” sounds like “tear down all the old stuff.” She noted that development is a very sensitive topic right now.

The issue of development also arose during a brief update from Rampson about the ongoing downtown zoning review. The consultants who are leading this effort – Erin Perdu and Megan Masson-Minock – have put together a workbook that they’ve been presenting at public forums. [.pdf of workbook] The same information is part of an online survey that’s underway through Sept. 17. A final public forum to review all of the feedback gathered so far will be held on Thursday, Sept. 19 starting at 7 p.m. at Workantile, 118 S. Main in downtown Ann Arbor.

The goal is to review the consultants’ recommendations at an Oct. 8 planning commission working session, and then take action on those recommendations at the commission’s Oct. 15 regular meeting. At that point, the recommendations will be transmitted to the council, Rampson said. [Full Story]

On a 6-5 vote of the Ann Arbor city council, the appointment of Al McWilliams to the Ann Arbor Downtown Development Authority board has been confirmed.

The action came after his nomination had been withdrawn by mayor John Hieftje in the middle of deliberations at the council’s previous meeting, on Sept 3, 2013. At that meeting, the nomination appeared to be in doubt, as two councilmembers were absent – Jane Lumm (Ward 2) and Marcia Higgins (Ward 4). The vote from Higgins was one of the six that was in favor of McWilliams at the Sept. 16, 2013 meeting.

Voting against the appointment of McWilliams were Sumi Kailasapathy (Ward 1), Sally Petersen (Ward 2), Jane Lumm (Ward 2), Stephen Kunselman (Ward … [Full Story]