Stories indexed with the term ‘15th District Court’

Ann Arbor city council meeting (June 17, 2013): Budget items for the 15th District Court drew more attention than any other single topic, taking up more than an hour of the council’s deliberations. The council also devoted more than a half hour to an item related to a Department of Energy grant that could lead to the installation of a wind generator on the property of Pioneer High School.

The main court-related item was part of an annual adjustment to the current fiscal year’s budget (FY 2013), which ends on June 30. The adjustment is made on a routine basis in order to bring the budget in line with actual expenditures. The general fund budget adjustment that was eventually approved by the council increased it by $567,000.

And of that amount, a significant part was attributable to the 15th District Court – including $112,000 in salary increases based on an interest in retaining employees, $203,000 due to a “catch up” payment to the law firm that provides indigent representation, and a back-bill for security from Washtenaw County for two fiscal years for $110,000. None of the salary increases went to judges, whose compensation is set through state statute.

The council was essentially being asked to approve the accounting adjustment for money that had already been spent this year.

The city’s budget for the next fiscal year – approved by the council last month, on May 20, 2013 – already incorporated the court workers’ salary increases going forward, and councilmembers had been apprised of the raises before their budget deliberations in May. The council’s deliberations on May 20 had not focused on those raises, but rather on the possibility of reducing the court’s budget in order to fund additional police officers for the city.

At the June 17 meeting, all three judges of the court plus the court administrator were on hand – as some councilmembers drew out a disagreement regarding how the wage increases should have been approached. At least some councilmembers felt the court should have asked the council before awarding wage increases to its workers.

Tom Crawford, the city’s chief financial officer, indicated at the meeting that if the council had not approved the budget adjustment for the court, it would likely have generated a note in next year’s audit.

Other court-related items on the council’s agenda included a new $240,000 annual flat-fee contract with Nassif and Reiser – the firm that provides indigent representation for the court. The council also approved a $160,000 contract with the Washtenaw County sheriff’s office for weapons screening at the Justice Center, the building next to city hall that houses the 15th District Court.

The council approved two items related to the court’s special Sobriety Court, one of which was a $65,000 grant program contract with the nonprofit Dawn Farm to provide in-patient and out-patient drug abuse counseling to 15th District Court defendants. It was approved over the dissent of Sabra Briere (Ward 1), who objected to the accompanying provision that waived a requirement that Dawn Farm adhere to the city’s living wage ordinance.

The wind generator item was originally on the consent agenda, but was pulled out for separate consideration. The council had previously voted unanimously at its Jan. 7, 2013 meeting to accept a roughly $950,000 U.S. Department of Energy grant for installation of the wind generator. The council was asked on June 17 to spend about $50,000 of the grant proceeds on an initial environmental assessment, required before the project can move forward. Three councilmembers balked at the request, but the resolution was ultimately approved.

In business related to revisions of local laws, the council gave final approval to an ordinance change that limits use of fireworks to between the hours of 8 a.m. and midnight. And the council gave final approval to the city’s outdoor sign ordinance that limits the incorporation of digital technology into outdoor signs – in a way that prohibits such use for billboards. However, the council again delayed taking an initial vote on an ordinance that would regulate how local law enforcement officials can use public surveillance cameras. The council did give initial approval to adopt the new fire code into the city’s ordinances.

In land use and development business, the council approved a revised development agreement for The Varsity. The agreement now incorporates a total of seven monthly parking permits that will be purchased at a premium cost under the city’s contribution in lieu (CIL) program. The council also gave approval to site plans for two projects: the State Street Center and 544 Detroit St. The 544 Detroit St. project included a brownfield plan, which was also approved. Another brownfield plan was on the council’s agenda – related to the Packard Square development on the site of the former Georgetown Mall. That plan had previously been approved, but an additional council vote was needed to change the set of activities that are eligible for reimbursement.

In connection with government-controlled land, the council approved $382,000 in additional operating support for the Ann Arbor Housing Commission. The council also passed a resolution committing up to $750,000 in general fund money to convert city-owned property at 721 N. Main to a greenway park. However, if the grants that the city expects to be awarded are actually received, none of that $750,000 would need to be spent on the project.

The council again heard public commentary about a homelessness outreach ministry in one of the city’s established parks – Liberty Plaza in downtown Ann Arbor, at Division and Liberty streets.

The council also approved revisions to collective bargaining agreements with the six unions in the police department, which gave members a 2% wage increase.

In a symbolic effort, the council voted to oppose expansion of I-94 in Detroit and I-75 in Oakland County – a proposal that’s part of SEMCOG’s 2040 Regional Transportation Plan with an estimated cost of $4 billion. SEMCOG subsequently adopted the plan.

The council put off voting on proposed changes to its internal rules, which could result in adding public commentary time at the council’s work sessions, but reducing the time allowed per turn from three minutes to two minutes. The council is expected to vote on the full set of rule changes at its July 1 meeting.

The proposed changes to the rules would move nominations and confirmation of appointments to a slot near the start of the meeting, instead of its current position near the end. For the June 17 meeting, the council’s confirmations came after midnight – and included reappointment of Bonnie Bona to the planning commission, and LuAnne Bullington to the taxicab board. [Full Story]

The annual year-end budget adjustment has been approved by the Ann Arbor city council. The changes to the FY 2013 budget totaled $567,000 for the general fund, much of which stemmed from additional expenses incurred by the 15th District Court. [.pdf of proposed amendments]

The 15th District Court’s portion of that adjustment stemmed from $112,000 in salary increases based on an interest in retaining employees, $203,000 due to a “catch up” payment to the law firm that provides indigent representation, and a back-bill for security from Washtenaw County for two fiscal years for $110,000.

Related to the FY 2013 budget adjustment to account for 15th District Court indigent representation were two other agenda items regarding the law firm that provides that … [Full Story]

The council’s June 17, 2013 meeting could include final action on two ordinance revisions. One local law relates to the regulation of digital signs and billboards. The other law regulates the time of day when fireworks are allowed to be set off. While the fireworks regulation is probably seen as somewhat uncontroversial, the council might be inclined to postpone the final vote on digital signs and billboards – as it has done previously.

In addition to possible final votes on those two ordinance changes, several items related to the 15th District Court appear on the council’s agenda. The court handles all civil claims up to $25,000, including small claims, landlord-tenant disputes, land contract disputes, and civil infractions, as well as preliminary exams for felony cases. Salaries for judges are reimbursed by the state, but the court is funded by the city through its regular budgeting process, with other costs borne by the city or by grants.

The council will be asked to approve an adjustment to the city’s current fiscal year’s budget (FY 2013) to bring it in line with actual expenditures. The general fund total budget adjustment is to increase it by $567,000. And of that, a significant part is attributable to the 15th District Court – including $112,000 in salary increases based on an interest in retaining employees, $203,000 due to a “catch up” payment to the law firm that provides indigent representation, and a back-bill for security from Washtenaw County for two fiscal years for $110,000.

Also on the council’s agenda is the authorization of a contract revision for the current year with the law firm that provides indigent representation. The “catch up” payment stems from the firm’s practice of delaying billing until a defendant’s legal costs are thought to be complete – instead of billing along the way. Because that approach doesn’t give a clear picture of the actual current cost of indigent representation, a new contract with the firm for next year (FY 2014) will be based on a flat fee. That $240,000 annual flat-fee contract is with Nassif and Reiser, P.L.L.C. (f/k/a Funkhouser and Nassif, P.L.L.C.), d/b/a Model Cities Legal Services (“MCLS”). Nader Nassif is a board member of the Ann Arbor Downtown Development Authority.

The council will also be asked to approve a $160,000 contract with the Washtenaw County sheriff’s office for weapons screening at the Justice Center, the building next to city hall that houses the 15th District Court. The estimated annual cost is based on $25.25 per hour per court security officer.

On the consent agenda – a group of items that are considered routine and voted on as a group – are two other items related to the 15th District Court. One is approval of $30,000 for a Sobriety Court grant program contract with the Washtenaw Community Health Organization (WCHO) to provide mental health treatment to 15th District Court defendants. The second is approval of $65,000 for a Sobriety Court grant program contract with the nonprofit Dawn Farm to provide in-patient and out-patient drug abuse counseling to 15th District Court defendants.

The Dawn Farm item includes a provision that could cause it to be pulled out of the consent agenda for separate consideration. That possibly controversial provision is a waiver of the city’s living wage ordinance for Dawn Farm to provide its counseling services. According to the staff memo accompanying the resolution, Dawn Farm employs 70 people, including 15 employees who are paid less than $12.52 per hour with health care coverage, and 18 people who are compensated at rates less than $13.96 per hour without health care coverage. Those are the rates specified in the city’s living wage ordinance. Last fall the council engaged in a vigorous discussion of a living wage ordinance waiver for Community Action Network (CAN), which ultimately resulted in the granting of a waiver at the council’s Nov. 8, 2012 meeting.

Other agenda highlights include revisions to contracts for six unions in the police department, which include a 2% wage increase starting July 1, 2013 and another 1% starting Jan. 1, 2014.

At the June 17 meeting, the council may also vote to adopt revisions to its own internal rules. Among other changes, the revised rules would reduce speaking times for the public from three to two minutes per turn.

Some other agenda items relate to site plans and brownfield plans.

Details of the meeting agenda are available on the city’s Legistar system. Readers can also follow the live meeting proceedings on Channel 16, streamed online by Community Television Network.

The Chronicle will be filing live updates from city council chambers during the meeting, published in this article “below the fold.” The meeting is scheduled to start at 7 p.m. [Full Story]

Ann Arbor city council meeting Part 1: Budget debate (May 20, 2013): The council’s meeting did not conclude until nearly 2 a.m. after a 7 p.m. scheduled start. This portion of The Chronicle’s meeting report focuses mostly on the council’s fiscal year 2014 budget deliberations, which started at about 9 p.m. and ended around 1:30 a.m.

The council considered several amendments to the FY 2014 budget. But the total impact on the general fund of all the successful amendments was not significant, leaving mostly intact the “status quo” budget that had been proposed by city administrator Steve Powers a month earlier. That was a budget with $82.9 million in general fund expenditures. [.pdf of one-page summary of possible amendments] [.pdf of longer detail on FY 2014 budget amendments]

Most of the successful amendments were voted through with relatively little debate, and involved amounts of $100,000 or less. For example, the Washtenaw Health Initiative received an additional $10,000 allocation, and the Miller Manor senior meals program received a $4,500 boost. Allocations to human services nonprofits were increased by $46,899. And the general fund balance was tapped to conduct a $75,000 study of sidewalk gaps so that projects could be prioritized.

The affordable housing trust fund received an infusion of $100,000 from the general fund reserve. The council also approved an amendment prohibiting the spending of $326,464 that was set aside in the FY 2014 budget for public art, in anticipation of a final affirmative vote on a change to the public art ordinance. A vote on amending that ordinance is likely to take place on June 3, before the fiscal year begins on July 1.

The “parks fairness” amendment, which came after deliberations on all other amendments, was a straightforward calculation in accordance with a city policy. The policy requires that any increase in general fund spending be matched by a parallel increase for parks. The council approved that $22,977 amendment with scant remark.

Just three issues took about 80% of the council’s roughly 4.5-hour budget deliberations: (1) the budget of the Ann Arbor Downtown Development Authority, (2)  the possible reduction of the 15th District Court budget in order to pay for three additional police officers, and (3) the proposed restoration of loose leaf collection in the fall.

Of the most time-consuming items, the change to the DDA’s budget was ultimately approved – after escalating political rhetoric led to a kind of compromise that had almost unanimous support. The DDA compromise budget amendment called for a $300,000 transfer from the DDA’s TIF (tax increment finance) fund to the DDA’s housing fund, and a recommendation to spend $300,000 of TIF money on the replacement of Main Street light poles. Only Christopher Taylor (Ward 3) dissented.

The lone dissenting vote on the budget as a whole was Jane Lumm (Ward 2), who issued a verbal spanking of her colleagues and the city administrator – for proposing and approving a budget she did not feel reflected a priority on public safety. Countering Lumm was Taylor, who pointed out that roughly half of the general fund expenditures are related to public safety. [Full Story]

Ann Arbor city councilmembers were briefed on the 15th District Court as part of a Feb. 11 work session. Last Monday’s meeting kicked off a series of such sessions that will provide information to the council as it looks toward its second meeting in May, when councilmembers will set the budget for the next fiscal year.

All three judges of the court attended the session and addressed the council: Elizabeth “Libby” Hines, Chris Easthope and Joe Burke. Court administrator Keith Zeisloft also attended the session, but did not formally address the council.

At around $3.7 million, the 15th District Court’s budget makes up roughly 4.5% of the city’s general fund – which is in the range of $80 million. The budget for the 15th District Court has decreased from a high of $4.2 million in 2009. Staffing levels of the court, according to the city’s comprehensive annual financial reports, have decreased from 41 in the early to mid-2000s to 36 FTEs for the FY 2012 budget year.

The district courts handle all civil claims up to $25,000, including small claims, landlord-tenant disputes, land contract disputes, and civil infractions. Washtenaw County has three district courts – 15th District Court for the city of Ann Arbor, 14B District Court for Ypsilanti Township, and the 14A District Court (with four physical venues) for the rest of Washtenaw County. Ann Arbor’s 15th District Court also handles preliminary exams for felony cases – which do not show up in official court statistics.

Part of the basis for the court’s presentation to the council was a recent report from the State Court Administrative Office. It includes metrics on the number and kinds of cases handled by the court, as well as collection rates. The judges focused their remarks, however, on the “problem-solving” programs of the courts – those that address sobriety, homelessness, veterans issues and domestic violence. This article includes vignettes from a session of the sobriety court attended by The Chronicle.

Other topics covered during the Feb. 11 work session included the city’s capital budget and the Ann Arbor Housing Commission. Presentations on those topics will be covered in separate Chronicle reports.

The substantive conversation about the budget and its relation to the council’s established priorities is expected to begin to unfold at the council’s March 11 work session. Before then, a second work session is scheduled for Feb. 25, with an additional session slated for March 25, if necessary.

City administrator Steve Powers is required by the city charter to submit his proposed budget to the council by the second council meeting in April, with any council amendments required by the second meeting in May. The city’s fiscal year begins July 1. [Full Story]

At its May 21, 2012 meeting, which adjourned around 1:30 a.m., the Ann Arbor city council approved the city’s fiscal year 2013 budget, for the period from July 1, 2012 through June 30, 2013. As required by the city charter, the budget had been proposed by city administrator Steve Powers a month earlier on April 16.

The amendments approved by the council included modifications that added a secretary position to the 15th District Court, increased human services funding by $46,899, added $78,000 to the Ann Arbor Housing Commission budget, and eliminated a contract with RecycleBank to administer a coupon program to encourage residents to recycle.

One resolution – which did not actually modify the budget – simply directed the city administrator to bring a future mid-year budget amendment to add up to six firefighters to the budget – if a federal grant and increased state fire protection allocations materialize.

Amendments that were brought forward, but that did not win council approval, included a proposal to leave money in various city funds, totaling $307,299, instead of transferring that amount to the public art fund. Also failing to win approval was an amendment that would give a specific interpretation to the city’s downtown development authority tax increment finance (TIF) capture ordinance – that would have benefited the city’s general fund by around $200,000. Both of those amendments were brought forward by Stephen Kunselman (Ward 3).

Another amendment that failed would have restored loose leaf collection service in the fall, as well as holiday tree pickup. And an amendment to fund additional police officers also did not succeed. Both of those amendments were proposed by Jane Lumm (Ward 2). Lumm was joined by Mike Anglin (Ward 5) in dissenting on the final budget vote.

The total expenditure budget for FY 2013 as proposed – across all funds, including utilities, solid waste and the like – came to $404,900,312 in revenues against $382,172,603 in expenses.

The originally proposed budget for the much smaller general fund – out of which the city pays for services like fire and police, planning, financial services, administration, parks and recreation – showed $79,193,112 in revenues against expenses totaling $78,869,750 for a planned surplus of $323,362. The following year, FY 2014, had been projected to be basically a break-even year.

The cumulative impact of the amendments approved by the council on Monday night increased expenditures to $79,070,842 against revenues of $79,193,112, for a surplus of $122,270. Below is a detailed list of proposed amendments and outcomes. [Full Story]

Almost exactly one year ago, on the rainy evening of Feb. 17, 2011, Chronicle reader Matt Hampel filed a 13-word Stopped.Watched. item about pavement problems on Huron Street: “Looks like southern lane of Huron west of Seventh has buckled. Police, flares.”

A visit to the scene by The Chronicle found city crews wrapping up their work, filling in some potholes in both the eastbound and westbound lanes.

Unknown to The Chronicle at the time, another reader, Eric Wucherer, had encountered the potholed pavement on Huron Street that same evening, sustaining two flat tires.

And Wucherer was not the only driver to sustain vehicle damage due to the same set of potholes. As he described it in the web-based service request that he logged near midnight: “Pulled over behind someone with a flat tire from the same pothole, who was able to deploy their spare tire. With 2 flats, I got towed …”

Over the next few months, Wucherer filed a request under the Freedom of Information Act to obtain records of complaints made about potholes at that location. He filed a claim with the city’s board of insurance administration – it was denied. He filed an appeal of the denial – it was rejected.

Then Wucherer did something at that point in the process that no one else has tried in assistant city attorney Bob West’s recollection over the last 16 years: Wucherer filed against the city of Ann Arbor in the small claims division of the 15th District Court.

Under Act 236 of 1961, attorneys aren’t allowed to argue on behalf of clients in small claims court. But defendants in small claims court – in this case, the city of Ann Arbor – are allowed to demand that the case be removed from small claims to the general civil docket. And the city of Ann Arbor exercised its right to do that. That permitted West to handle the case.

The case was set up for West to argue, among other things, a standard governmental immunity defense on behalf of the city. But before Wucherer and West squared off – in a case that had been assigned to be heard by then-judge Julie Creal – the city offered to settle the claim.

And on Sept. 22, 2011 the city’s board of insurance administration authorized a settlement with Wucherer for $568.16. In his claim he’d asked for $750 to cover damage to tires, wheels and an axle.

In reporting this article, The Chronicle reviewed nearly a year’s worth of vehicle damage claims brought before the board of insurance administration. They included a range of vehicle damage – allegedly caused by potholes, garbage trucks, a police car, or falling tree branches.

After the jump we take a brief look at the defense the city would have made in court in the Wucherer pothole case, and the way the city approaches pothole repair, as well as some of the other types of vehicle damage claims. [Full Story]

In phone interviews with The Ann Arbor Chronicle, local attorney Tom Bourque, assistant Washtenaw County prosecutor Eric Gutenberg and district court magistrate Colleen Currie all confirmed that they have met the Dec. 9 deadline to apply for appointment as a judge in the 15th District Court. That is not necessarily an exhaustive list.

They’re applying to fill a vacancy left by Julie Creal, who recently resigned from the bench, citing health reasons. With the vacancy left by Creal, the two judges for the 15th District Court are Chris Easthope and Elizabeth Hines. The district court serves Ann Arbor and handles all civil claims up to $25,000, including small claims, landlord-tenant disputes, land contract disputes, and civil infractions.

Bourque is partner in the … [Full Story]

At its Nov. 21, 2011 meeting, the Ann Arbor city council authorized receipt of a total of $512,898 in grants for programs associated with the 15th District Court.

The largest of the grants – $399,898, from the U.S. Dept. of Justice – is provided over the course of two years and is intended to help prevent domestic violence. The money will be used to fund an existing program. Of the grant amount, $217,696 will pay for one full-time domestic violence probation officer, and four other part-time positions to support the program. Another $90,000 will pay for a contract with SafeHouse Center for domestic violence prevention services. And $77,202 will pay for a contract with the 14A District Court for domestic violence probation services and domestic violence data entry services. Training costs amount to $15,000.

Smaller grants come from the Michigan Supreme Court Administrative Office (SCAO) – for $63,000 and $50,000 – that will help fund the 15th District Court’s sobriety court. The council also approved a $75,000 contract with Dawn Farm to provide in- and out-patient drug abuse counseling for defendants in the sobriety court program.

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

Editor’s note: The Ann Arbor city council has held two retreats to discuss the city’s FY 2012 budget – one in early December 2010 and another in early January 2011. A summary of the material covered in those retreats is provided in previous Chronicle coverage: “Ann Arbor: Engaging the FY 2012 Budget.”

Leading up to the city administrator’s proposed budget in April, the city council is also holding a series of work sessions on the budget. Their typical scheduling pattern is for the weeks between council meetings. But the work session on the 15th District Court was held just before the council’s Feb. 7, 2011 meeting.

An hour before the city council’s regular meeting on Feb. 7, 2011, scheduled to start at 7 p.m., councilmembers received a presentation from Chris Easthope on the financial picture for the 15th District Court. The court is funded primarily, but not completely, by the city. Last year, the city’s approved FY 2011 budget for the 15th District Court was $3,776,080, or around 4.5%, of the city’s $81,449,966 general fund budget.

Salaries for the three judges on the court – Easthope, Julie Creal and Elizabeth Hines – are set and paid by the state of Michigan. The judges, along with other key court staff, also attended the work session.

Easthope stressed to councilmembers that he understood the difficult position the council is in, having served on the city council himself. [First elected in 2000 to a Ward 5 seat on the city council, Easthope won a narrow victory in the 2008 race for the 15th District Court judgeship.]

The basic picture Easthope sketched out for the council was of a court that had already reduced its budget – from $4.1 million in FY 2008 to $3.8 million in FY 2011, the current fiscal year. Easthope estimated the needed budget for the court in the next two years at around $3.7 million.

Measures already implemented include optimization of staffing that has allowed a reduction in full-time employees from 40 FTEs four years ago to 32 FTEs today. Easthope also stressed that the court’s probation program, even though it is not mandated by the state, actually saves citizens money, because it offers an alternative to fines (which many defendants aren’t in a financial position to pay anyway) and jail (which may not be the best solution for mentally ill defendants). [Full Story]