Stories indexed with the term ‘Ann Arbor Transportation Authority’

Snyder’s Transit Funding: AATA Nods Yes

Ann Arbor Transportation Authority board meeting (Feb. 21, 2013): The board’s meeting was relatively uneventful, but included a routine application for state funding – which this year contains a message of measured support for transit funding in Gov. Rick Snyder’s proposed budget.

Before the Feb. 21, 2013 meeting of the AATA board, Terry Black (manager of maintenance) and Eli Cooper (AATA board member) inspect the construction site of the new Blake Transit Center on Fifth Avenue in downtown Ann Arbor.

From right: Before the Feb. 21, 2013 meeting of the AATA board, Terry Black (manager of maintenance) and Eli Cooper (AATA board member) inspect the construction site of the new Blake Transit Center on Fifth Avenue in downtown Ann Arbor. It’s using an earth retention system similar to that used for the construction of the underground Library Lane parking garage located across the street – but on a much smaller scale. (Photos by the writer.)

The resolution approved by the board includes the AATA’s view that “an increased level of state transit funding such as has been proposed by Governor Snyder would assist AATA in maintaining existing service and operating expanded transit service to satisfy the expressed public demand …” To increase funding for transportation as a general category by $1.2 billion – including roads, bridges and public transportation – Snyder’s budget would rely on proposed increases to the state’s gasoline tax and to vehicle registration fees.

The Michigan state constitution requires that 90% of all fuel taxes be used to fund the maintenance of streets, roads and bridges designed for motor vehicles that use tires. Part of the remaining 10% can be used to fund public transportation operating expenses. Partly as a function of the overall increase, Snyder’s budget would increase the amount of local operating assistance for transit agencies statewide from around $166 million for each of the past two years to about $181 million.

The AATA’s estimated budget for the next fiscal year (2014) is being reported to the state of Michigan as totaling $33,653,000. Those total expenses would be covered by the following breakdown of revenue estimates: federal funds ($4,276,104); state funds ($9,939,035); local funds ($12,088,861); fare revenue ($7,258,000); and other funds ($91,000). The AATA’s current year’s budget – for FY 2013, which ends on Sept. 30 – calls for $32,700,181 in expenditures.

The AATA’s portion of the $166 million in state operating assistance last fall took an unexpected roughly $800,000 dip around the time the AATA set its budget for the current fiscal year. The reduction in funding relates to the way the state’s formula applies when spending is reduced by other transit agencies in the AATA’s category. AATA CEO Michael Ford told the board at its Feb. 21 meeting that he’d been to Lansing and had received assurance that an additional appropriations bill – which is currently the “placeholder” bill SB 126 – is likely to be passed, and would restore the $800,000.

Meanwhile, the most recent financial update through the first four months of the 2013 fiscal year – which started in October – shows the AATA with a slight positive variance. But the AATA is operating with a level of cash reserves that equates to about 2.88 months of operating expenses. Board policy is to keep a minimum of 3 months’ worth reserves on hand. Notes to the treasurer’s report indicate that for the year, the AATA now expects about $160,000 less in fare revenues that it had budgeted – based on fewer rides being taken by University of Michigan affiliates than the AATA had projected.

Besides authorizing the application to the state of Michigan for state operating assistance, the board authorized two contracts in connection with construction on the new downtown Ann Arbor Blake Transit Center – one for the elevator and the other for millwork. Both contracts were under the project’s budgeted amount for those items.

The board also approved a contract for the printing of its RideGuide, a printed version of its schedules. Also authorized was a contract to perform environmental cleanup from a gas line that had been seeping at the AATA’s facility on South Industrial Highway.

Updates at the meeting included notes on the board’s upcoming retreat, which is to include a discussion of AATA customer needs. That led to comments from the public asking the board to think about who the AATA’s customers actually are.

During the meeting, the board also held a closed session to conduct a performance review for CEO Michael Ford. [Full Story]

AATA OKs RideGuide Print Contract

The RideGuide – an 84-page publication with bus route maps and schedule information for all Ann Arbor Transportation Authority bus routes – will continue to be printed by Grand River Printing/American Litho from Belleville, Mich. A one-year contract for $84,000 for printing and shipping was approved by the AATA board at its Feb. 21, 2013 meeting. The contract can be renewed in one-year extensions up to five years.

The AATA updates its schedule and prints new RideGuides three times a year – in January, April, and August. The cost charged by Grand River works out to about $27,600 per printing. And the staff memo accompanying the resolution indicates that the price bid by Grand River is about $0.36 per booklet. That works out … [Full Story]

AATA to Evacuate Gas-Contaminated Soil

Contaminated soil at the Ann Arbor Transportation Authority’s headquarters – located at 2700 S. Industrial Highway – will be evacuated and remediated under a $119,980 contract with PM Environmental. The AATA board voted to approve the contract at its Feb. 21, 2013 meeting.

The remediation activity dates back to 2010, and will address an in-ground gas leak that was discovered when the AATA upgraded a fuel tank monitoring system. A final assessment report (FAR), based on monitoring wells and ground water sampling, was filed with the Michigan Dept of Environmental Quality on Dec. 15, 2011.

The amount will be reimbursed by the AATA’s insurance carrier, Chartis, which is a subsidiary of American International Group Inc. (AIG). The AATA’s deductible for its policy was $25,000, … [Full Story]

Transit Center Elevator Price: Going Down

New contracts for millwork and an elevator for the new Blake Transit Center – currently under construction on Fifth Avenue in downtown Ann Arbor – have been approved. The Ann Arbor Transportation Authority board voted on the contracts at its Feb. 21, 2013 meeting.

The AATA had originally awarded a $139,451 contract to ThyssenKrupp for the elevator. But when ThyssenKrupp made changes to the scope of the project that had an impact on the price, the AATA decided to rebid the project. The winner of the rebid work was Otis Elevator, which will install an elevator for $108,100.

The board also approved an $80,255 contract with SBD Commercial Interiors for manufacture and installation of custom millwork in the new transit center. The budget had allowed … [Full Story]

AATA Makes Annual App for State Funds

The estimated expenses for the Ann Arbor Transportation Authority’s fiscal year 2014 budget are being reported to the state of Michigan as totaling $33,653,000. The amount is cited in the AATA’s annual application to the state for operating assistance under Act 51. That application was approved by the AATA board at its Feb. 21, 2013 meeting.

Those total expenses would be covered by the following breakdown of revenue estimates: federal funds ($4,276,104); state funds ($9,939,035); local funds ($12,088,861); fare revenue ($7,258,000); and other funds ($91,000).

The AATA’s current year’s budget – for FY 2013, which ends on Sept. 30 – calls for $32,700,181 in expenditures. So the currently estimated expenses for FY 2014 reflect an increase of about $950,000, or about 3%.

This … [Full Story]

DDA Preps Budget for Transportation, Cops

The Jan. 25, 2013 meeting of the Ann Arbor Downtown Development Authority’s operations committee featured a preview of budgets for the fiscal years 2014 and 2015. For FY 2014, the DDA budget calls for $23.1 million in expenditures against $23.4 million in revenues. That would add about $300,000 to the total fund balance reserve, which is projected to end FY 2014 fiscal at around $5.5 million.

City Apartments under construction. (View is at First & Washington looking east) The bottom two floors are a parking deck, which is on track to be turned  over to the city and the DDA  on March 15, 2013.

City Apartments, a Village Green residential property under construction on Feb. 4, 2013. (View is at First & Washington looking east) The bottom two floors are a parking deck, which is on track to be turned over to the city and the DDA on March 15, 2013. It will expand the capacity of the public parking system by almost 100 spaces. (Photo by the writer.)

The surplus from FY 2014 would be used in the FY 2015 budget, which calls for $23.8 million in expenditures against $23.5 in revenues, leaving the DDA with about $5.2 million in total fund balance reserve at the end of FY 2015.

DDA revenues come from two main sources – tax increment finance (TIF) capture and Ann Arbor’s public parking system.

Besides operation and capital maintenance of the parking system, revenues to the public parking system are used by the DDA to support the getDowntown program’s go!pass subsidy. So one focus of the Jan. 25 DDA operations committee meeting was budgeting for that program. The go!pass is a bus pass that downtown employees obtain through their employers, who pay $10 annually for passes for each of their employees. In a presentation made to the operations committee, Michael Ford – CEO of the Ann Arbor Transportation Authority – requested a total of $623,662 to support the getDowntown program, including the go!pass subsidy. That compares with $553,488 granted by the DDA last year. For FY 2014, the DDA’s draft budget calls for a $600,000 allocation that could cover most of that request.

This year’s draft budget also calls for $250,000 in parking revenue to be spent on a possible arrangement with the city of Ann Arbor to pay for additional downtown police patrols. Based on the conversation at the operations committee meeting, it’s not a topic on which any recent detailed talks have taken place. But DDA executive director Susan Pollay indicated a strong interest in having those conversations with the city. If that didn’t lead to an agreement with the city, she said, then the DDA board was certainly not obligated to spend the money in that way.

Another $300,000 in the FY 2014 budget that could be used somewhat flexibly is in the TIF fund budget, labeled “capital construction.” It could be used to fund sidewalk improvements between William and Liberty along State Street to facilitate patio dining for restaurants along that strip – or streetscape improvements for William Street, or even alley improvements near the Bell Tower Hotel, Pollay told the committee.

The full DDA board will be asked to approve the FY 2014 and FY 215 budgets at its Feb. 6 meeting. The DDA’s fiscal year is in sync with the city of Ann Arbor’s fiscal year, which begins on July 1. The city council will settle the city’s FY 2014 budget by May 20 – the council’s second meeting in May. While the city uses a two-year planning cycle – which begins fresh this year – the council approves its budget just one year at a time. [.pdf of draft DDA budgets FY 2014-15] [.pdf of FY 2013 six-month financial statements] [.pdf of monthly parking reports] [Full Story]

AATA OKs Labor, Agency Fee Accords

Ann Arbor Transportation Authority board meeting (Jan. 17, 2013): Despite the passage of a right-to-work law by the Michigan legislature in late 2012, a new agreement between the AATA and Transport Workers Union Local 171 (TWU) maintains the same kind of agency fees that the legislation eliminated.

Charles Griffith, chair of the Ann Arbor Transportation Authority board

At right: Charles Griffith, chair of the Ann Arbor Transportation Authority board. On the left is board member David Nacht. (Photo by the writer.)

The AATA board ratified the 10-year agreement on agency fees in an accord that is separate from a 4.5-year agreement covering wages and benefits. The board approved both agreements at its Jan. 17 meeting. The agreement on agency fees takes advantage of the fact that the right-to-work law does not take effect until late March, and thus does not apply to agreements that are in place before then. It appears to be a strategy that employers statewide might use as a response to right-to-work, to the extent that they are willing to continue current agency fee arrangements. Agency fees are paid by non-union members based on the idea that they benefit from the union’s representation of their interests during collective bargaining.

The board’s vote on the two labor agreements was not unanimous. Eli Cooper dissented, based at least in part on the fact that the text of the two agreements was not available to all board members before they were asked to vote. David Nacht expressed support for Cooper’s point, but joined other board members in voting for the agreements.

Another vote that did not achieve unanimous support came on a resolution that expressed an intent to work with the board of the newly created southeast Michigan regional transportation authority (RTA) – which includes the counties of Washtenaw, Wayne, Macomb and Oakland, as well as the city of Detroit. The AATA board ultimately voted to table the resolution, with Jesse Bernstein and Anya Dale dissenting. Board members who were in favor of tabling felt that such a resolution was somewhat premature, pending the possible amendment of the RTA legislation, which passed late last year during the lame duck session of the state legislature.

The amendment desired by the AATA – which is supported by the Ann Arbor city council, the Washtenaw County board of commissioners, and the Michigan Public Transit Association – is for Washtenaw County to be excluded from the RTA at this time. AATA board discussion indicated that the window of opportunity for amending the legislation is likely to be the 90-day period for appointing RTA board members, which will close in mid-March.

In other business, the AATA board adopted a revised policy to be used in responding to requests made under the Freedom of Information Act. The board also adopted its categorical and capital grant program through fiscal 2017.

The treasurer’s report indicated a disparity between increasing ridership numbers and the amount of passenger fare revenue – a difference that is significant enough to warrant further inquiry.

Public commentary at the meeting featured a voice that was new to AATA board meetings but familiar as the film critic of the now defunct Ann Arbor News – Christopher Potter. Potter praised the quality of AATA’s service, but asked for weekend buses to run later than they do. [Full Story]

AATA Revises FOIA Policy

The AATA board has adopted a revised policy for responding to requests made under Michigan’s Freedom of Information Act. [.pdf of revised FOIA policy] The vote came at its Jan. 17, 2013 board meeting. The new policy replaces the old one, which was approved on Feb. 16, 2004. [.pdf of old FOIA policy]

The old policy was brief (one-page) and essentially outlined how much would be charged for copies, for labor to retrieve records, and how much would be charged as a deposit. The new policy is more detailed, and specifies how requests are to be logged and documented by the FOIA coordinator, a form that requesters can use to request records, and an internal form that is to be … [Full Story]

AATA OKs 4-Year Deal with Bus Union

The Ann Arbor Transportation Authority has ratified a four-and-a-half-year contract with the Transport Workers Union Local 171 (TWU). The contract, which removes all language that deals with agency shop fees and dues, goes through June 30, 2017. Removal of the language is related to “right-to-work” legislation passed by the Michigan state legislature in late 2012.

The AATA and TWU are reaching an agreement separate from the labor contract that covers agency shop fees and dues – which runs for 10 years, through 2023. The contract resets the full wage for newly hired drivers after three years to $21.50 per hour. The wage for current drivers with at least three years of experience is $24.50 per hour. The contract calls for a … [Full Story]

AATA Adopts 2013-17 Categorical Grant Program

The capital and categorical grant program for the Ann Arbor Transportation Authority was given approval at the AATA board’s Jan. 17, 2013 meeting. Having in place such a grant program – a set of allocations for specific categories of capital expenditures – is a requirement to be eligible for federal funding. It’s a plan for how $44 million would be spent over the next five years. [.pdf of grant program]

For example, this year the program includes 11 replacement buses, five buses for expanded service and 25 vans for the van pool program. Two of the new buses for expanded service are related to increased frequency of service on Route #5. Notable in the program is that except for … [Full Story]

Blake Transit Center

Yellow backhoe is starting demolition of transit center canopy in preparation for construction of new Blake Transit Center, which will front Fifth Avenue, not Fourth, like the current center. [Final approval of budget and design came Oct. 18, 2012] [photo]

Next Step in AATA Ad Lawsuit Uncertain

Ann Arbor Transportation Authority board special meeting (Jan. 3, 2013): The board had a single item on the agenda for a special meeting that had been announced on Dec. 27. That item was to convene a closed session as allowed under Michigan’s Open Meetings Act – to consider pending litigation.

AATA board members: Clockwise from left bottom: Roger Kerson, Sue Gott, David Nacht, Charles Griffith, Anya Dale, Eli Cooper.

AATA board members: Clockwise from left bottom: Roger Kerson, Sue Gott, David Nacht, Charles Griffith, Jesse Bernstein, Anya Dale, Eli Cooper. (Photo by the writer.)

After about two hours in closed session, the board emerged and voted unanimously to reject – for a second time – an advertisement that had been submitted by Ann Arbor resident Blaine Coleman for placement on the sides of AATA buses. The ad included the text “Boycott ‘Israel’ Boycott Apartheid” and a graphic that depicts a scorpion-like creature.

Both the text and the image figured into reasoning for the board’s decision to reject the ad – based on a new advertising policy that the AATA board adopted in November. [See Chronicle coverage: “AATA Adopts New Advertising Policy”]

The board’s resolution stressed that there were two reasons for rejecting the advertisement, either of which the board considered to be sufficient on its own to warrant rejection. First, the proposed ad violates the policy’s provision against political advertisements. Second, the advertisement is likely to hold up a group to scorn or ridicule, according to the board’s resolution – by dint of the enclosure of the word “Israel” in quotes, and the inclusion of the image. [.pdf of new ad policy, with changes indicated]

The AATA board reconsidered the advertisement using the new policy because of a court order issued on Dec. 17. [.pdf of Dec. 17, 2012 court order] That order came from judge Mark Goldsmith of the U.S. District Court for the Eastern District of Michigan, who’s presiding over the case. The reconsideration of the ad is part of the injunctive relief that Goldsmith is proposing, having ruled in favor of Coleman on his request for a preliminary injunction. Granting the preliminary injunction was based on Goldsmith’s finding that the AATA’s old advertising policy was in part unconstitutional. Coleman’s requested relief, however, was for the AATA to run the advertisement. Goldsmith has not yet explicitly ruled on that request.

Under the court order, the AATA had until Jan. 4 to notify Coleman of its decision on the re-submitted advertisement.

A status conference scheduled for Jan. 9 will focus on whether the injunctive relief that’s been granted thus far is sufficient, and will allow the parties to talk to each other and the judge about how they’d like to move forward. The lawsuit, filed in late 2011, has not yet proceeded to trial. However, the legal standard of review for granting Coleman’s motion for a preliminary injunction is based in part on the likelihood that Coleman would prevail, if the case were to go to trial.

Public commentary at the Jan. 3 special meeting of the AATA board was focused on the possible conflict of interest that judge Goldsmith has, given his membership in various Jewish organizations.  [Full Story]

AATA Board: We Won’t Run Anti-Israel Ad

After a closed session lasting about two hours, the board of the Ann Arbor Transportation Authority voted unanimously to reject an advertisement submitted by Ann Arbor resident Blaine Coleman for placement on the sides of its buses. The ad included the text “Boycott ‘Israel’ Boycott Apartheid.” The vote came at a special meeting held on Jan. 3, 2013 at 4 p.m. at the AATA headquarters at 2700 S. Industrial Highway.

The vote came in the context of a lawsuit against the AATA – over the rejection of the same advertisement over a year ago. The current reconsideration of the ad came under a court order. It was reconsidered under the criteria set forth in a newly revised advertising policy, which the board adopted in … [Full Story]

AATA Board Calls Special Meeting

The Ann Arbor Transportation Authority board will hold a special meeting on Thursday, Jan. 3, 2013 at 4 p.m. at the AATA headquarters at 2700 S. Industrial Highway.

The purpose of the special meeting is related to a pending lawsuit against the AATA – for refusing to allow an anti-Israeli advertisement to be placed on the sides of its buses. Based on the timeline set forth in a recent court order, the board’s meeting will likely include a closed session to evaluate the previously rejected advertisement under the terms of a newly revised advertising policy. The board adopted the revised ad policy in late November. By Jan. 4, the day after the special meeting, the AATA must notify the plaintiff in … [Full Story]

Court Orders AATA to Reconsider Ad

In an order filed Dec. 17, 2012, judge Mark Goldsmith of the U.S. District Court for the Eastern District of Michigan has ruled that the Ann Arbor Transportation Authority must reconsider an advertisement it had previously rejected for placement on the sides of its buses. [.pdf of Dec. 17, 2012 court order] The ad included the text “Boycott ‘Israel’ Boycott Apartheid.”

In the course of the lawsuit, which was filed by Ann Arbor resident Blaine Coleman over a year ago, the court found in favor of Coleman on his request for a preliminary injunction. But Goldsmith left the question of appropriate relief to be determined. Since that initial ruling, the AATA board, at its Nov. 29, 2012 meeting, revised its advertising … [Full Story]

Ann Arbor Wants Washtenaw Out of RTA

Ann Arbor city council special meeting (Dec. 10, 2012): On a unanimous vote, the council passed a resolution objecting to the inclusion of Washtenaw County in a regional transit authority (RTA), created with a bill passed by the state legislature on Dec. 6.

The counties of Wayne, Macomb, Oakland and Washtenaw are included in a regional transit authority created by state legislation passed on Dec. 6. The Ann Arbor city council wants Washtenaw County removed from the authority.

The city of Detroit and counties of Wayne, Macomb, Oakland and Washtenaw are included in a regional transit authority created by state legislation passed on Dec. 6. The Ann Arbor city council wants Washtenaw County removed from the authority.

The language of the resolution was changed at the meeting to eliminate a request that Gov. Rick Snyder veto the legislation. Instead, the council substituted a request that the RTA legislation be amended to exclude Washtenaw County, where Ann Arbor is located.

However, the resolution retained other parts of its strong wording, including a reference to a provision about rail transportation – which calls the bill’s requirements for implementation of rail-based transportation “onerous and offensive.” It’s a clause in the legislation that requires a unanimous vote of the 9-member RTA board to “acquire, construct, operate, or maintain any form of rail passenger service within a public transit region.”

The RTA legislation specifically mentions “rolling rapid transit” – a system based on buses, not trains – as a possibility for four major new regional corridors: along Woodward, along Gratiot, from Pontiac to Mt. Clemens, and from Detroit to Ann Arbor. Supporters of the RTA with Washtenaw County’s current inclusion have claimed that a rail-based east-west commuter line between Ann Arbor and Detroit is still achievable, or even likely, despite the requirement of unanimous board support.

The council’s resolution reflected the fact that an east-west rail connection has been an aspiration of Ann Arbor mayor John Hieftje and other local officials for several years – demonstrated in a current study being done with federal funds to determine a locally preferred alternative for the location of a new Amtrak station. But the “onerous and offensive” clause in the resolution was subjected to debate, as some councilmembers supported its removal for completely different reasons.

Councilmembers who’ve opposed Ann Arbor’s continued study of a new rail station seemed to perceive the clause to be an implicit endorsement of continued investments in that direction. But Chuck Warpehoski (Ward 5), who could reasonably be described as the council’s strongest advocate for transit, argued also against the “onerous and offensive” clause. His argument was based on a belief that the legislation had a mechanism to allow the newly created RTA to implement rail-based services by creating yet another transit authority – thus circumventing the unanimous voting requirement. Ultimately, there were not sufficient votes on council to remove that clause.

Besides concern about the future of commuter rail, the council’s resolution indicates concern that the inclusion of Washtenaw County in the RTA would potentially risk the Ann Arbor Transportation Authority’s ability to continue its role to serve effectively as a transportation provider for Ann Arbor.

In the days leading up to the meeting, staffers with the Michigan Suburbs Alliance lobbied the council not to pass its resolution, in an effort that included a claim that the Ann Arbor city council’s resolution reflected a desire to determine unilaterally the county’s transportation future. In fact, the council’s action echoes the sentiments of a recent resolution approved by the Washtenaw County board. And a resolution of the Ann Arbor Transportation Authority board, approved in February 2012, supported the concept of an RTA, but conditioned that support on the coordination of new funding so that existing levels of transportation services provided by the AATA are maintained.

As of noon on Dec. 12, Snyder had not yet signed the legislation – it had not yet been presented to him for his signature, according to the governor’s office.

In this report, the council deliberations at its Dec. 10 special meeting are presented in detail. [Full Story]

AATA Adopts New Advertising Policy

Ann Arbor Transportation Authority special board meeting (Nov. 29, 2012): A pending lawsuit against the AATA – for refusing to allow a “Boycott ‘Israel’ Boycott Apartheid” advertisement to appear on the sides of its buses – provided the context for a special meeting of the board. A unanimous vote to approve changes to the AATA’s ad policy came after board members were briefed by outside legal counsel in a closed session. [.pdf of marked up revised AATA ad policy]

Left to right: Sue Gott, Roger Kerson, Anya Dale.

Left to right: AATA board members Sue Gott, Roger Kerson and Anya Dale. (Photo by the writer.)

Among other clarifying changes, a key clause that’s been deleted from the policy is one that previously allowed the AATA to disqualify an ad based on “good taste.”  That clause was crucial in the court’s analysis – as part of an initial ruling in the case – that the AATA’s advertising policy was unconstitutional.

The revised policy is meant still to exclude the ad that the AATA rejected, prompting the lawsuit. The change to the AATA advertising policy was characterized at the meeting as bringing the policy into compliance with a ruling from late October of this year made by the 6th Circuit of the U.S. Court of Appeals – involving a different transit advertising case. The AATA, in a recent brief filed with the court in the current lawsuit, has argued that the 6th Circuit ruling provides support for the AATA ad policy’s “scorn and ridicule” clause.

At the Nov. 29 meeting, board chair Charles Griffith also indicated that the AATA hopes the changes to the ad policy would resolve the issues that had been brought against the AATA in connection with the lawsuit. The suit was filed a year ago by Ann Arbor resident Blaine Coleman, who’s being represented by the ACLU.

The case has not yet proceeded to trial, but the court made an initial ruling on Sept. 28 on a motion for a preliminary injunction, finding in favor of Coleman. What the court is currently weighing is the determination of appropriate relief in connection with the preliminary injunction. The court has indicated it’s willing to consider a range of possibilities – from forcing the AATA to place the ad on its buses to allowing the AATA to revise its advertising policy.

A status conference among the parties in the lawsuit is scheduled for Dec. 6. The next regularly scheduled AATA board meeting had been for Dec. 20 – which prompted the special meeting before the status conference. The AATA has argued to the court that the form of injunctive relief that’s appropriate in the case is to allow the AATA to revise its advertising policy. The status conference will now take place in the context of the AATA having already taken the step it’s argued would be appropriate.

The AATA anticipates a net of $120,000 from its advertising program for FY 2013, in a total revenue budget of roughly $32 million.

A second piece of business transacted by the board at the Nov. 29 special meeting was a resolution that acknowledged the Title VI requirements related to the AATA’s planned service improvements on Route #5, which runs down Packard toward Ypsilanti, and that set Jan. 27, 2013 as a start date for the more frequent service. Two weeks earlier – at the board’s Nov. 15, 2012 meeting – a re-programming of funds necessary to pay for the increased Route #5 service had been authorized by the board. Title VI is the civil rights legislation that in the context of public transportation requires proof that a service change has no adverse effect on disadvantaged populations.

Route #5 has two branches – between downtown Ann Arbor and downtown Ypsilanti, and between downtown Ann Arbor and the Carpenter Road Meijer. The current service level runs buses every 15 minutes on the main trunk of the two branches. It’s on the branch that is primarily within the city of Ann Arbor where frequency will be increased – with the result that service on the main trunk will be every 10 minutes.

The Route #5 item was added to the agenda the same day as the Nov. 29 meeting, in an effort to eliminate the need for the board’s regular December meeting – on Dec. 20. The Route #5 service had been the only voting item anticipated for that regular meeting, so the Dec. 20 meeting has now been cancelled.  [Full Story]

AATA Calls Special Board Meeting for Nov. 29

A special meeting of the Ann Arbor Transportation Authority board has been called for Thursday, Nov. 29, 2012 starting at 4 p.m. at the AATA headquarters, 2700 S. Industrial Highway. The meeting, which was announced via email on Nov. 21, did not have an agenda set until Nov. 28. The agenda includes a closed session and an item that would revise the AATA’s advertising policy. [.pdf of board packet, including revised advertising policy]

The board’s meeting comes in the context of a legal case that’s pending against the AATA for refusing to run an advertisement on the sides of its buses that states, “Boycott ‘Israel.’” The initial substantive ruling in the case went against the AATA, when the judge … [Full Story]

Pre-Thanksgiving Council Pre-Heats Oven

Ann Arbor city council meeting (Nov. 19, 2012): The first meeting of the council’s new edition featured delaying action on two main agenda items – revisions to the Ann Arbor living wage ordinance, and two competing proposals about the city’s public art ordinance.

The newly elected members of council are sworn in by city clerk Jackie Beaudry (back to camera). From left: mayor John Hieftje, Chuck Warpehoski (Ward 5), Margie Teall (Ward 4), Christopher Taylor (Ward 3), Sally Petersen (Ward 2) and Sumi Kailasapathy (Ward 1).

The newly elected members of council are sworn in by city clerk Jackie Beaudry (back to camera). From left: mayor John Hieftje, Chuck Warpehoski (Ward 5), Margie Teall (Ward 4), Christopher Taylor (Ward 3), Sally Petersen (Ward 2) and Sumi Kailasapathy (Ward 1). (Photos by the writer.)

Legislative activity on the public art ordinance resulted from the Nov. 6 rejection by voters of an alternate means of funding public art – a 0.1 mill tax that would have generated roughly $450,000 annually. At the Nov. 19 meeting, Jane Lumm (Ward 2) proposed ending the existing public art program, which requires that 1% of the budget for all capital projects in the city be allocated for public art – with a limit of $250,000 per project. A competing proposal, from Sabra Briere (Ward 1), would narrow the type of capital project from which Percent for Art funds could be allocated. Briere’s proposal would have the practical effect of reducing – by about 90% – the amount of public art funds generated by the existing program. In the last two years the program has generated over $300,000 a year, and more in previous years.

The council wound up tabling both proposals, a parliamentary move that means there’s no particular time in the future when the council must consider them. The proposals will expire, if the council does not take them up off the table in six months. However, the council’s strategy will likely be to appoint a committee to study the matter and to suspend temporarily the existing program. A resolution to that effect was added to the council’s agenda during the meeting, after the tabling of the other proposals – but that third resolution was then postponed until the council’s Dec. 3 meeting.

Also postponed was a set of revisions to the city’s living wage ordinance. The main change would be to exempt those nonprofits from the ordinance that receive funding through the city’s human services allocation, which has totaled roughly $1.2 million each year for the last several years. The ordinance currently has a waiver provision, requiring a city-council-approved plan for compliance with the living wage ordinance within three years. Only one such waiver has been sought since the living wage ordinance was enacted in 2001. That came at the council’s meeting earlier this month, on Nov. 8, 2012.

Based on council deliberations at the Nov. 19 meeting, the living wage revisions in their current form seem likely to be approved only with great difficulty. Some councilmembers seemed more interested in pursuing exemptions for categories of workers – temporary or seasonal – instead of exempting categories of organizations. The living wage ordinance revisions were postponed until Feb. 19.

Getting initial approval were changes to two other city ordinances – on noise and the storage of cars on streets.

The changes to the noise ordinance were prompted by the impact that recent construction of the Landmark building at 601 S. Forest had on neighbors. If given final approval by the council, the changes would make clear that holidays are to be treated like Sundays and that supervisors can be cited under the ordinance, not just a worker who’s operating a piece of equipment.

The revision to the towing ordinance would make it easier to prevent people from storing inoperable vehicles on city streets. Like all changes to city ordinances, it will need a second vote by the council, after a public hearing.

In other business, the council authorized a $15,000 budget for analyzing alternatives for installing a sidewalk along a section of Scio Church Road. Residents in the area have petitioned the city for a sidewalk.

And Stephen Kunselman (Ward 3) used his communications time toward the end of the meeting as an occasion to deliver harsh criticism of the Ann Arbor Transportation Authority and mayor John Hieftje.

In the first meeting for newly elected councilmembers, the council also chose Marcia Higgins (Ward 4) to serve as mayor pro tem, as she has for the last three years. The order of succession to the mayor, based on seniority lines, was also set. [Full Story]

AATA Looks to Ride Over Bumps

Ann Arbor Transportation Authority board meeting (Nov. 15, 2012): Board chair Charles Griffith called it a “bumpy month” since the incorporation in early October of a new countywide transit authority under Act 196 – The Washtenaw Ride. A week before the AATA board’s meeting, the Ann Arbor city council had voted to withdraw from the new authority and to terminate an agreement between four parties – the cities of Ann Arbor and Ypsilanti, Washtenaw County and the AATA – that would have governed a transition from the AATA to The Washtenaw Ride.

AATA Route 5 between Ann Arbor and Ypsilanti, Ann Arbor Transporation Authority

AATA Route #5 between Ann Arbor and Ypsilanti has two variants – 5A and 5B. The leg that is mostly within the city of Ann Arbor will have increased frequency starting at the end of January 2013, based on an AATA board resolution.

Since the incorporation of the new authority on Oct. 3, 2012, the “bumps” have included a divergence of views by legal counsel – about the start of the 30-day opt-out period, and the ability of someone to render simultaneous service on boards of the AATA and The Washtenaw Ride. [Previous Chronicle coverage "Positions Open: New Transit Authority Board" and "Ann Arbor Mayor: Need Transit Board Members"]

Bumps also include decisions by a majority of municipalities countywide to withdraw from the authority, including some that the AATA had expected would participate. Ann Arbor’s withdrawal ended this approach to expanding transit. Until Ann Arbor’s decision to opt out, a majority of the county’s population was still included in the areas that would have participated.

Nevertheless, the mood of AATA’s Nov. 15 meeting was moderately optimistic. The Ann Arbor city council’s resolution had encouraged the AATA to pursue expanded service – but with a narrower focus. And CEO Michael Ford reported that following the council’s decision, a meeting had been held with representatives of eight different jurisdictions who were interested in pursuing some alternative to the Act 196 incorporation.

Having attended both the city council meeting and the subsequent meeting with representatives of interested jurisdictions, AATA board member Roger Kerson said, “The second was more fun than the first.” It’s expected that in December, it would be possible to start settling in on a geographic footprint for communities that would opt into an arrangement for expanded service and more stable funding.

Paul Schreiber, the mayor of Ypsilanti, attended the board’s meeting and encouraged the establishment of a more stable funding source than the purchase-of-service agreements (POSAs), through which the AATA has historically provided service to areas outside of Ann Arbor – like Ypsilanti.

The relatively optimistic tone of the board’s discussion was backed by two votes in support of expanded services: (1) the purchase of 25 additional vans to expand the AATA’s vanpool service; and (2) an allocation of funds to increase the frequency of service on the Ann Arbor branch of Route #5, which runs down Packard toward Ypsilanti.

The vote to increase service frequency on Route #5 came only after considerable debate and over the dissent of two board members. The AATA staff had recommended the increased service for Route #5 – but on a timetable that would have included a more thorough financial analysis of other services. Those other services have been added based on anticipated additional funding that would have been available through the newly incorporated Act 196 authority. They include: increased Route #4 frequency, the AirRide airport service, expanded NightRide service, and commuter express service to Chelsea and Canton. [Full Story]

AATA: Increased Service on Route #5

The Ann Arbor Transportation Authority’s Route #5 will be getting increased service starting at the end of January 2013, based on a vote taken by the AATA board at its Nov. 15, 2012 meeting. The resolution took the form of a re-programming of funds from the AATA’s AirRide service, which is covering its costs and generating more passenger revenue than forecast. AirRide service will not be affected by the board’s move.

Route #5 has two branches – between downtown Ann Arbor and downtown Ypsilanti, and between downtown Ann Arbor and the Carpenter Road Meijer. The current service level runs buses every 15 minutes on the main trunk of the two branches. The board’s vote will result in an increase in … [Full Story]

AATA OKs Vehicle Purchase for Vanpool

The purchase of about two dozen 2013 Dodge Caravans at $21,356 apiece – as part of the Ann Arbor Transportation Authority’s vanpool program – was authorized by the board of the AATA board at its Nov. 15, 2012 meeting. The funds used for the 25 vans come from federal and state sources.

At the board’s Jan. 19, 2012 meeting, the AATA board had previously authorized the purchase of seven Dodge Caravans (model year 2012) for $21,272 each (total = $148,904), with an option to purchase up to a total of 25 vans (total = $531,800). That vehicle purchase was preceded by an authorization given over a year ago, on Sept. 15, 2011, to contract with VPSI Inc. to administer the AATA’s … [Full Story]

End of Road for County Transit Effort?

The expansion of transit services throughout Washtenaw County appears to be taking turn away from some specific approaches that have been intensively discussed for the last couple of years.

Act 196 Transit Authority

Possible action by the Ann Arbor city council this week could lead to dissolution of a newly incorporated Act 196 transit authority – called The Washtenaw Ride – just as it is emerging.

At its Nov. 8 meeting, the Ann Arbor city council is now scheduled to vote on the question of opting out of a newly incorporated countywide transit authority – an initiative that the city of Ann Arbor had been expected to help lead. With Ann Arbor’s withdrawal, this particular approach to expanding transportation services would be effectively ended.

Update: The Ann Arbor city council did decide to opt out of the transit authority, on a 10-0 vote taken at the Nov. 8 meeting.

And the topic of transit has already been raised at the post-election Nov. 7 meeting of the Washtenaw County board of commissioners. Dan Smith, a Republican who represents District 2 covering northern parts of the county, had been prepared to introduce two transit-related resolutions at the meeting, but wound up placing only one of them on the agenda. The one he brought forward was a proposal to rescind support for a metro Detroit regional transit authority (RTA) – which the board had given in September of 2011. Although board chair Conan Smith has been a champion of legislation to enable an RTA, Dan Smith’s resolution passed on a 6-4 vote.

More significantly, Smith had also considered bringing forward a resolution to dissolve The Washtenaw Ride, a new countywide transit authority created under Act 196 of 1986 when the county filed articles of incorporation last month with the state. [.pdf of resolution to dissolve The Washtenaw Ride]

The Oct. 3 filing was undertaken as part of a four-party transit agreement between the county, the cities of Ann Arbor and Ypsilanti, and the Ann Arbor Transportation Authority, which is leading this initiative. Since then, all but five of the 28 municipalities in the county have voted to opt out of the new authority. However, those that are still participating include several of the county’s largest population centers: Ann Arbor, Ypsilanti, Ypsilanti Township, and Saline.

Dan Smith’s resolution indicated that because so few municipalities are participating, the Act 196 authority should be dissolved. He held off introducing it, however, in part because of pending action by the Ann Arbor city council the next day. As The Chronicle reported in mid-October, Ann Arbor city councilmember Stephen Kunselman had said he planned to pursue the possibility of Ann Arbor opting out – because he felt he’d have the required six-vote majority after the new city councilmembers are sworn in on Nov. 19.

But now the city council will take up the issue of withdrawing from the new transit authority at its Nov. 8 meeting. And that withdrawal will be accomplished with the support of at least some of those on the council who previously advocated to expand the AATA’s governance and service area through incorporation of the new authority. A resolution on withdrawal of Ann Arbor from the Act 196 authority was added to the Nov. 8, 2012 agenda the day before the meeting – sponsored by not just Kunselman, but also mayor John Hieftje, and councilmembers Sabra Briere, Christopher Taylor and Marcia Higgins. That indicates the city council’s resolution on withdrawal is almost certain to pass.

Under the terms of the four-party agreement, once the city of Ann Arbor withdraws from the Act 196 authority, the city can terminate the entire agreement. The council’s resolution indicates encouragement to the AATA to continue to work towards regional transportation, but not with the mechanism of this Act 196 authority.  [Full Story]

Briefs Filed on Bus Advertising Lawsuit

Additional briefs have now been filed by the parties in a bus advertising lawsuit – in response to a court ruling against the Ann Arbor Transportation Authority issued on Sept. 28, 2012.

Plaintiff Blaine Coleman had attempted to purchase an advertisement on AATA buses that included the text “Boycott ‘Israel’ Boycott Apartheid,” and an image depicting a scorpion-like creature with a skull for a head. [.pdf of image and text of proposed ad] Coleman filed suit last year on Nov. 28, 2011.

In the Sept. 28 ruling, Mark Goldsmith of the U.S. District Court for the Eastern District of Michigan denied the AATA’s motion to dismiss the case. Goldsmith also granted plaintiff Blaine Coleman’s request for a preliminary injunction. But Goldsmith did … [Full Story]

Column: Pass Go, Collect Bus Pass – And More?

In my wallet I have a transit pass. By sliding this pass through the farebox card reader aboard any Ann Arbor Transportation Authority bus, I get access to a public transportation system that served our community with 6.3 million rides this past fiscal year.

go!pass

This go!pass, subsidized by the Ann Arbor Downtown Development Authority, lets its holder ride AATA buses an unlimited number of times.

If I rode the AATA buses to and from work every day and paid the full $1.50 fare each way, the cash value of that card would be about $750 per year. Of course if I were actually riding the bus that frequently, I’d be somewhat better off purchasing a 30-day pass for $58 a month, which would come out to just a bit under $700 annually.

What I actually paid for that card this year was $10 – just a bit over 1% of its potential cash value.

So what sort of dark magic subsidizes my potential rides on AATA buses? And why do I have access to this magical go!pass card, when you, dear Chronicle reader, likely do not?

Along the road to answering these questions, I’d also like to make a proposal. It’s a vision for broadening the program, getting more transit passes into the hands of Ann Arbor residents, and expanding the possible uses for the go!pass – including (shudder) the ability to use a transit pass to pay for parking. [Full Story]

AATA Ridership Up, Fiscal Reserves Down

Ann Arbor Transportation Authority board meeting (Oct. 18, 2012): The recent AATA board meeting had a good-news, bad-news flavor.

Optimism was based on ridership data for the fiscal year that ended on Sept. 30 – which includes a record-setting 6,325,785 rides on the regular bus service, up 6.6% over the previous year, and 3.4% more than the previous record year of 2009.

AATA board member David Nacht expressed concern about the idea of adding back in project elements to the new Blake Transit Center, grounding his concern in part in the fact that he was wearing his "treasurer's hat."

AATA board member David Nacht expressed concern about the idea of adding back in project elements to the new Blake Transit Center, grounding his concern in part in the fact that he was wearing his “treasurer’s hat.” (Photos by the writer.)

Damping enthusiasm were the year-end budget numbers, which showed the AATA posting a deficit around $260,000 greater than the one it had budgeted for, leaving an excess of expenditures over revenues of $1,255,312. [.pdf of unaudited FY 2012 financials] That comes in the context of an approved budget for the just-begun current fiscal year, which includes an anticipated deficit of about $300,000. The board’s Oct. 18 deliberations revealed the fact that only by recalculating the amount in the AATA’s cash reserves did the organization currently have the required three-month operating reserve on hand.

In that financial context, board members were not inclined to add back in some elements that had recently been cut out of the new Blake Transit Center project, which would have brought the project budget to nearly $8.5 million. The construction contracts approved by the board at its meeting totaled a bit over $8 million, which was still dramatically larger than the smaller $3.5 million project the AATA had started with over three years ago. Instead of taking the less ambitious strategy, the AATA opted to locate the new, larger center on the opposite side of the same parcel where it currently stands. Construction on the two-story Fifth Avenue-facing center is now expected to start in late November or early December.

The board’s deliberations on the new transit center focused on whether to add back into the project some items that had been removed to bring the cost down from $8.5 to $8 million. Of the three items on the table – automatic ticketing kiosks, real-time bus arrival information displays, and LEED certification of the building – only the LEED certification was added back in, at a cost of $80,000.

At the Oct. 18 meeting, the board also got an update on the situation surrounding the incorporation of the new Act 196 board for The Washtenaw Ride. Michael Ford, AATA’s CEO, indicated that the AATA would be reimbursing Washtenaw County for the cost of renotifying jurisdictions in the county regarding their option not to participate in the new authority. He confirmed that AATA board members would not serve simultaneously on the current board and the board of the new authority, as previously expected. Ford indicated that AATA legal counsel believes that what the AATA has done to date already complies with the law, but the AATA is exercising extreme caution.

Several members of the future Act 196 board attended the meeting and had a voice at the table, but not a vote.

The board’s meeting concluded with a closed session lasting nearly two hours on pending litigation. [Full Story]

AATA Ends Year $260K Over Budget

The Ann Ann Arbor Transportation Authority had budgeted for a nearly $1 million deficit this year, but wound up with an excess of expenditures over revenues that was actually $260,000 more than that. The unaudited figures reported to the AATA board at its Oct. 18, 2012 meeting showed a deficit for the year of $1,255,312. [.pdf of unaudited FY 2012 financials]

Several reasons were given for the additional shortfall, which resulted in only $27,617,099 in actual revenues compared with the $29,418,995 that was budgeted. Those reasons included: $120,842 less in passenger revenue; $269,095 less in local transit tax revenue; $529,214 less in purchase-of-service revenue; and $927,149 less in federal funding. That was balanced somewhat by reduced expenses in some … [Full Story]

$8M OK’d for New Downtown Transit Center

A new downtown Ann Arbor transit center, which began with a budget of $3.5 million, has now received approval for construction contracts totaling $8,129,988. The approval came from the board of the Ann Arbor Transportation Authority in a vote at its Oct. 18, 2012 meeting. Construction is expected to begin in late November or early December, according to Terry Black, AATA director of maintenance, who has been managing the project.

The new Blake Transit Center will be located on the same parcel where it’s currently located, between Fourth and Fifth avenues, but on the opposite side of the block from its current location. Bus traffic to the new Fifth Avenue-facing center will enter from Fourth Avenue and exit onto Fifth, … [Full Story]

County Likely To Send Out Transit Notice

It appears that Washtenaw County will now be the entity sending out an official letter to local municipalities in early November, informing them that the official 30-day “opt out” period for leaving the new Washtenaw Ride transit authority will start at that time. Curtis Hedger – the attorney for Washtenaw County – informed county commissioners of that news at their Oct. 17, 2012 meeting, in response to a query from commissioner Wes Prater.

Many commissioners expressed surprise at the county’s involvement in this way. Previously, the expectation was that the county would not be involved in the process after filing articles of incorporation – which occurred on Oct. 3 at the request of the Ann Arbor Transportation Authority. The Washtenaw Ride is … [Full Story]

Positions Open: New Transit Authority Board

Articles of incorporation for a new Act 196 transit authority, called The Washtenaw Ride, were filed with the state last week, on Oct. 3, 2012. The Ann Arbor Transportation Authority had hoped the new authority’s board would convene on Oct. 11, but that meeting was cancelled because key appointments to that board have not yet been made.

Simultaneous service on the 15-member Washtenaw Ride (Act 196) board and the AATA board generated legal questions.

Simultaneous service on the 15-member Washtenaw Ride (Act 196) board and the seven-member AATA board generated legal questions. (Illustration by The Chronicle.)

It was previously assumed that the seven Ann Arbor appointments to the new authority’s 15-member board would serve simultaneously on AATA’s board. Now, it appears that different appointments will be made.

Responding to an emailed query from The Chronicle, Ann Arbor mayor John Hieftje wrote late Friday afternoon: “On Monday night [at the council's Oct. 15 meeting] I will put out a call for applications to serve on the 196 Board. I will not be appointing anyone to that board who would also sit on the AATA Board.”

An application for all city boards and commissions is available on the city clerk’s website.

An informal 15-member group has been meeting as the board of the unincorporated authority for around a year. Some members of the AATA board and many others had assumed that upon incorporation, the informal group would become automatically installed as the board of the new Act 196 authority. However, that won’t be the case. Ann Arbor’s seven representatives to the new authority’s board first need to be nominated by the mayor and confirmed by the city council – under terms of a four-party agreement ratified between the cities of Ann Arbor and Ypsilanti, Washtenaw County and the AATA.

More significantly, according to several sources, the apparent current view of the Ann Arbor city attorney’s office is that service on the AATA board is not legally compatible with simultaneous service on the board of the new transit authority. So appointing seven Ann Arbor members to the new authority’s board would require nominating seven individuals who are different from those who might continue to serve on the seven-member AATA board.

Another issue apparently identified by the city attorney’s office is the fact that Act 196 of 1986 refers to an additional 30-day window for a jurisdiction in the county to opt out of inclusion in the new transit authority – a window that has not yet opened. Letters of notification sent by the AATA in late September to all jurisdictions in the county referred to a statutory 30-day window starting with the filing of the articles of incorporation. But Act 196 also requires that the new transit authority itself notify jurisdictions, which also triggers a 30-day window for opting out. The statute makes clear that it’s the later of the two windows that is relevant. Because the new transit authority does not yet have a seated board, it has not yet acted to notify jurisdictions countywide.

In any case, some jurisdictions have already opted out of the new Act 196 authority. The Northfield Township clerk’s office responded to a Chronicle phone query with confirmation that on Oct. 9, the township board decided to withdraw from the new authority on a 4-0 vote. The Chronicle has as-yet-unconfirmed reports that the boards of Salem Township and Manchester Township have also voted to opt out.

Another wrinkle: The change in composition of the Ann Arbor city council after the Nov. 6 election. Councilmember Stephen Kunselman (Ward 3) has told The Chronicle that he would like to pursue the possibility of Ann Arbor opting out – and he thinks there might be six votes on the new council to accomplish that. If Ann Arbor opted out, it would effectively end the initiative. [Full Story]