Yousef Rabhi was re-elected as chair of the Washtenaw County board of commissioners at the board’s Jan. 8, 2014 meeting. The following day, he publicly announced his intent not to run for mayor of Ann Arbor this year. (Photos by the writer.)

It’s the next step of several that are required before such a program can be created. The goal of PACE is to help owners of commercial (not residential) properties pay for energy improvements by securing financing from commercial lenders and repaying the loan through voluntary special assessments.

The county’s proposal entails joining the Lean & Green Michigan coalition and contracting with Levin Energy Partners to manage the PACE program.

A public hearing on this issue is set for the board’s meeting on Jan. 22. The board would also need to take another vote to actually create the PACE district. A date for that action has not been set.

Officer elections were also held on Jan. 8. As expected, the board officers who were first elected in January 2013 were re-elected. Yousef Rabhi (D-District 8) will continue to serve as board chair. Also re-elected were Alicia Ping (R-District 3) as vice chair, Felicia Brabec (D-District 4) as chair of the board’s ways & means committee, and Andy LaBarre (D-District 7) as chair of the working sessions. There were no competing nominations and all votes were unanimous, although Rolland Sizemore Jr. (D-District 5) was out of the room when the votes for Brabec and LaBarre were taken.

Regarding revisions to the board’s rules and regulations, corporation counsel Curtis Hedger made four recommended changes, including three that related to voting requirements. The fourth change inserted language to clarify that binding action may not be taken at a board working session.

The Jan. 8 meeting also included a public hearing on a proposed ordinance that would allow the county to issue municipal civil infractions for owning an unlicensed dog. The board had held a previous hearing at its meeting on Oct. 16, 2013, but it occurred after midnight and no one spoke. Some commissioners felt that a second hearing should be scheduled because the initial one was held so late in the evening. One person spoke on Jan. 8, urging the board to create a progressive scale of fees and to provide waivers for low-income families and individuals.

In other feedback from the public, Jim Casha spoke during public commentary to raise concerns over the southeast Michigan Regional Transit Authority (RTA). “It just seems to me that it’s just going to be another waste of time and taxpayers’ money, and just another level of bureaucracy,” he told commissioners. Board chair Yousef Rabhi will be appointing a new Washtenaw County representative to the RTA soon to replace Richard Murphy, who did not seek reappointment. The county’s other board member on the RTA is University of Michigan professor Liz Gerber, whose term runs through 2015.

The extended deadline for applying was Jan. 12, and Casha was one of only two applicants for the RTA opening. As a Canadian resident, he is ineligible to be appointed for the seat to represent Washtenaw County. The other applicant is Alma Wheeler Smith, a former state legislator and the mother of county commissioner Conan Smith (D-District 9).

Officer Elections

The first meeting of each year for the county board is initially chaired by the county clerk, until the board elects its officers for the year. As he has for the past several years, on Jan. 8 the meeting was brought to order by county clerk Larry Kestenbaum. After leading the initial portion of the meeting, Kestenbaum called for nominations for board chair.

Larry Kestenbaum, Washtenaw County clerk/register of deeds.

Conan Smith (D-District 9) nominated Yousef Rabhi (D-District 8) for re-election as chair. He began by joking that 2013 was “a miserable year. I mean, it had the number 13 in it, and we knew it was going to be bad from the very beginning. And the only way that we were going to get through a year with 13 in it was to have an outstanding, creative chair who brought his own luck with him.”

There were no other nominations.

Outcome: Yousef Rabhi was unanimously re-elected chair on a roll call vote.

After the vote, Smith jokingly complained that the minutes didn’t reflect his rhetoric: “The minutes for this are miserable. ‘C. Smith nominated commissioner Rabhi.’ That’s all it says!”

Kestenbaum then handed over the meeting to Rabhi. As his first act, Rabhi nominated Alicia Ping (R-District 3) for re-election as vice chair.

C. Smith moved a unanimous ballot – a parliamentary procedure to elect the nominee without a roll call vote when there are no competing nominations and no one is expected to vote against the nomination.

Outcome on unanimous ballot: The vote failed 8-1, over dissent from Rolland Sizemore Jr. (D-District 5).

Outcome on roll call vote: Ping was unanimously re-elected vice chair.

Later in the meeting, elections were held for the officers of the board’s standing committees: the ways & means committee, and working sessions.

Ping nominated Felicia Brabec (D-District 4) for re-election as chair of the ways & means committee, on which all commissioners serve. The meetings of this committee are held immediately prior to the regular board meetings, and initial votes are taken at the ways & means meetings.

There were no other nominations. C. Smith again moved a unanimous ballot.

Outcome on unanimous ballot to re-elect Brabec: It was approved on a voice vote. Rolland Sizemore Jr. was not in the room at the time.

Brabec nominated Andy LaBarre (D-District 7) for re-election as chair of the board’s working sessions. There were no other nominations. C. Smith moved a unanimous ballot.

Outcome on unanimous ballot to re-elect LaBarre: It was approved on a voice vote. Rolland Sizemore Jr. was not in the room at the time.

Officer Elections: Compensation

Based on compensation that was approved by the board’s Dec. 2, 2012 meeting, the three chairs – Rabhi, Brabec and LaBarre – will each make a base salary of $18,750. That’s $3,000 more than other commissioners. None of the positions are considered to be full-time jobs.

Curt Hedger, the county’s corporation counsel, talks with commissioner Alicia Ping (R-District 3) prior to the start of the Jan. 8, 2014 board meeting. Ping was re-elected vice chair of the board.

Commissioners also receive stipend payments based on the number of meetings that a commissioner is likely to attend for a particular appointment to the other various boards, committees and commissions. One or two meetings per year would pay $50, three or four meetings would pay $100, and the amounts increase based on the number of meetings. Each commissioner typically has several appointments. Commissioners who are appointed as alternates receive the same stipend as the regular appointments. Some appointments were not designated to be paid because no meetings were expected to be scheduled.

Commissioners can waive their stipends by giving written notice to the county clerk. Otherwise, the stipend payments are made automatically.

In 2013, only Dan Smith (R-District 2) waived all of his stipends, according to the county clerk’s office, which administers the stipends. Brabec waived her stipend for the accommodations ordinance commission. Ronnie Peterson (D-District 6) was not appointed to any boards, committees or commissions and therefore did not receive any stipends.

For 2013, the following stipends were paid [.pdf of chart indicating appointments and eligible stipends]:

• Yousef Rabhi (D-District 8): $2,700 (11 paid appointments, including several stipulated by virtue of Rabhi’s position as board chair, plus 3 unpaid appointments)
• Rolland Sizemore Jr. (D-District 5): $2,350 (11 paid, 2 paid alternates, 1 unpaid)
• Conan Smith (D-District 9): $1,800 (6 paid, 2 paid alternates, 1 unpaid)
• Felicia Brabec (D-District 4): $1,450 (8 paid, 1 alternate with stipend waived)
• Kent Martinez-Kratz (D-District 1): $800 (4 paid)
• Andy LaBarre (D-District 7): $550 (3 paid, 1 unpaid)
• Alicia Ping (R-District 3): $400 (2 paid, 2 unpaid)

In total, seven commissioners were paid $10,050 in stipends for 2013. There is no mechanism in place for validating attendance, other than checking the meeting minutes of these various groups. No one is designated to do that, however.

The board appointments and stipends for 2014 haven’t yet been set. That will likely happen at an appointments caucus that is expected to be scheduled for later this month or early February.

Rules & Regulations

Revisions to the board’s rules and regulations, which are approved and updated annually, were recommended by corporation counsel Curtis Hedger. Three changes related to voting requirements. The fourth change inserted language to clarify that binding action may not be taken at a board working session. [.pdf of draft rules & regulations, with changes indicated in bold and strike-through] [.pdf of Hedger's staff memo]

At the Jan. 8 meeting, Hedger told commissioners that the most significant change related to taking a final vote on the same day that a resolution is initially introduced. [bold indicates added text, strike-through indicates deletion]:

III. CONDUCT
…
T. FINAL ACTION ON DAY OF INTRODUCTION:

No resolution or proceeding of the Board of Commissioners imposing taxes or assessments, or requiring the payment, expenditure or disposition of money or property, or creating a debt or liability therefore, shall be allowed on the same day as introduced, unless approved by a vote of two-thirds (2/3) a majority of the members elected and serving.

In the past, Hedger noted, the rules called for two-thirds of the board’s members to move a resolution for a final vote at a board meeting, if it was initially introduced at the ways & means committee meeting that same night. Even though the board’s two-thirds rule “had been there forever,” Hedger said, “it was brought to my attention that under Michigan law, we can’t do that.” Specifically, MCL 46.3 states:

(2) The county board of commissioners of a county shall act by the votes of a majority of the members present. However, the final passage or adoption of a measure or resolution or the allowance of a claim against the county shall be determined by a majority of the members elected and serving. …

Hedger reported that he had canvassed staff at other counties and they told him that the county boards follow that rule. So by passing this revision to the Washtenaw County board rules, it would bring them into compliance with Michigan law, he said.

The other suggested revisions are technical changes, Hedger said. One change is to clarify actions that require a “higher majority” vote in order to pass [added text in bold]:

O. VOTING:

Every member who shall be present, including the Chair, when a motion is last stated by the Chair, and no other, shall vote for or against the motion unless the member has a conflict of interest, in which case the member shall not vote.

…2. Votes Required:

Procedural and other questions arising at a meeting of the Commissioners, except for those decisions required by statute or by these rules (Specifically, Rule II F—Closing Debate in Committees and Rule III R—Suspension/ Amendment or Rescission of Board Rules) to have a higher majority, shall be decided by a majority of the members present. A majority of the members elected and serving, however, shall be required for the final passage or adoption of a motion, resolution or allowance of a claim.

Another proposed change was to standardize the phrase “elected and serving,” to be consistent with other references in the board rules [added text in bold]:

R. SUSPENSION:

No rule of the Board shall be suspended without the concurrence of two-thirds (2/3) of the members elected and serving. To amend or rescind a rule will require two-thirds (2/3) of members elected and serving unless specific notice was given at previous meeting, whereupon a majority of members elected and serving may amend or rescind.

The final proposed revision involved working sessions. Hedger said he changed the rules to make it more precise about what a working session is. It clarifies what the board already does, he said. [bold indicates added text, strike-through indicates deletion]:

XI. WORKING SESSION PROCEDURES

The purpose of the Working Session shall be to permit in-depth, informal discussion of Commissioner concerns, Board goals, significant programmatic and financial issues, and conceptual and informational presentations by the County Administrator. All matters involving major change in service delivery, staffing or funding, or any modification in Board of Commissioner policy shall originate at the Working Session. Status reports from advisory committees and departmental informational reports shall be presented at Working Session. The Working Sessions of the Board of Commissioners are not to be considered an official public meeting of the Board of Commissioners. The Working Sessions are noticed as a public meeting to comply with the Open Meetings Act because a quorum of the Board of Commissioners may be present at the meeting. It is intended that Formal votes indicating Commissioner support or opposition to agenda items shall not be taken at Working Session meetings. The Chair may take an informal poll of the board members present to assist in determining whether the Commissioners desire more information or discussion regarding an item or whether the Commissioners are prepared to take action on an item at a meeting of the Ways and Means Committee or at the regular session. Agendas shall be set in advance; however, Commissioners shall have the opportunity to introduce issues during the meeting for future Working Session consideration.

Rules & Regulations: Board Discussion

Conan Smith (D-District 9) asked whether MCL 46.3 actually requires a two-thirds majority vote for non-agenda items. Smith was referring to this section [emphasis added]:

(2) … The county board of commissioners may require in its bylaws that the votes of 2/3 of the members present or a majority of the members elected and serving, whichever is greater, are required on final passage or adoption of a nonagenda item. The voting requirements of this subsection do not apply if section 11 or any other provision of law imposes a higher voting requirement.

The short answer is no, Hedger replied. Smith said his concern is that there are often items that aren’t on the published agenda, but that are brought forward at the ways & means committee meeting. He clarified with Hedger that if items are moved as part of the agenda during the meeting, then those items are considered agenda items.

Hedger also pointed out that the law states the board “may require,” not “shall require.” So it’s at the board’s discretion.

Dan Smith (R-District 2) said he wasn’t particularly thrilled with the removal of the two-thirds majority rule, but added that he couldn’t argue with Hedger’s reasoning. He said he had reviewed all the changes in great detail, and had “kicked several of these things back and forth” with Hedger. Smith concluded that he was satisfied with the proposed changes.

Outcome: The revised rules and regulations were approved unanimously.

PACE Program

Commissioners were asked to give final approval to a notice of intent to form a Property Assessed Clean Energy (PACE) program.

Conan Smith (D-District 9).

An initial vote had been taken on Dec. 4, 2013, following about an hour of debate. There was no discussion on Jan. 8.

The goal of PACE is to help owners of commercial (not residential) properties pay for energy improvements by securing financing from commercial lenders and repaying the loan through voluntary special assessments.

The county’s proposal entails joining the Lean & Green Michigan coalition and contracting with Levin Energy Partners to manage the PACE program. Andy Levin, who’s spearheading the PACE program statewide through Lean & Green, attended the Dec. 4 meeting to answer questions. State Sen. Rebekah Warren also spoke briefly during public commentary on Dec. 4 to support the initiative. She was instrumental in passing the state enabling legislation to allow such programs in Michigan.

The law firm of Miller, Canfield, Paddock & Stone would act as legal counsel. Several other counties are part of Lean & Green, according to the group’s website. Other partners listed on the site include the Southeast Michigan Regional Energy Office, which was co-founded by county commissioner Conan Smith. Smith is married to Warren.

The county’s PACE program would differ from the one set up by the city of Ann Arbor, which created a loan loss pool to reduce interest rates for participating property owners by covering a portion of delinquent or defaulted payments. Washtenaw County does not plan to set up its own loan loss reserve, and no county funds would be used for the program, according to Levin.

However, a reserve fund is mentioned in documentation that describes the program:

8. Reserve Fund

In the event Washtenaw County decides to issue bonds to provide financing for a PACE Program, Washtenaw County can determine at that time to fund a bond reserve account from any legally available funds, including funds from the proceeds of bonds.

By participating in LAGM [Lean & Green Michigan], Washtenaw County assists its constituent property owners in taking advantage of any and all appropriate loan loss reserve and gap financing programs of the Michigan Economic Development Corporation (“MEDC”). Such financing mechanism can similarly be used to finance a reserve fund.

[.pdf of PACE program documentation] [.pdf of PACE cover memo] [.pdf PACE resolution]

On Dec. 4, the board set a public hearing on this issue for the meeting on Jan. 22, 2014. The board would also need to take another vote to actually create the PACE district. A date for that action has not been set.

Outcome: A final vote to issue a notice of intent to create a PACE program was passed unanimously. Rolland Sizemore Jr. was out of the room when the vote was taken.

Dog Licensing Public Hearing

The board held a public hearing on a proposed ordinance that would allow the county to issue municipal civil infractions for owning an unlicensed dog.

County treasurer Catherine McClary.

The proposal would also establish that the county treasurer’s office would be the bureau for administering these infractions, and would set new licensing fees. [.pdf of proposed dog license ordinance]

One person, Thomas Partridge, spoke during the public hearing. He didn’t think the ordinance went far enough to protect all animals, especially during severe weather. He said that low-income families who want to have pets for their children will be challenged to pay license fees and the inoculations that would be required in order to get a license. He called for the board to create a progressive scale for fees and to provide waivers for low-income families and individuals.

The board had held a previous hearing at its meeting on Oct. 16, 2013, but it occurred after midnight and no one spoke. Some commissioners felt that there should be another opportunity for formal public input, so that’s why another public hearing was scheduled for Jan. 8.

More than a year ago, at the county board’s Nov. 7, 2012 meeting, commissioners approved a civil infractions ordinance that gave the county more flexibility to designate violations of other county ordinances as a civil infraction, rather than a criminal misdemeanor. For example, enforcement of the county’s dog licensing ordinance is low because the current penalty – a criminal misdemeanor of 90 days in jail or a $500 fine – is relatively harsh. The idea is that enforcement would improve if a lesser civil infraction could be used. The civil infraction fines are $50 for a first offense, $100 for a second offense, and $500 for a third or any subsequent offense.

An increase in the enforcement is expected to result in an increase in the number of dog licenses, which would provide additional revenue to be used for animal control services.

However, the county board hasn’t yet taken the additional step of authorizing the issuance of a civil infractions for owning an unlicensed dog. There was no agenda item put forward for a vote on this issue at the Jan. 8 meeting, nor was there any resolution on the agenda regarding a new fee structure for dog licenses.

A draft resolution and staff memo had been prepared in November 2013 but never brought forward to the board for a vote. [.pdf of November 2013 staff memo and resolution] The county treasurer’s office is proposing to lower the current dog licensing fee from $12 to $6 per year for spayed or neutered dogs and from $24 to $12 per year for dogs that aren’t spayed or neutered. There would continue to be a discount for a three-year license. More information about current dog licenses is available on the county website.

In addition, the draft memo provided a list of fees for violating the dog license ordinance: $50 (first offense); $100 (second offense); and $500 (third and subsequent offenses).

County treasurer Catherine McClary attended the Jan. 8 meeting but did not formally address the board.

Outcome: This was not a voting item.

Communications & Commentary

During the meeting there were multiple opportunities for communications from the administration and commissioners, as well as public commentary. In addition to issues reported earlier in this article, here are some other highlights.

Communications & Commentary: Regional Transit Authority

Jim Casha introduced himself as a resident of Ontario, Canada, who was born and raised in Detroit. He was there to ask for the board’s help with the southeast Michigan Regional Transit Authority (RTA).

Jim Casha spoke during public commentary about the southeast Michigan regional transit authority (RTA).

Casha told commissioners that he’d been a student at the University of Detroit and had worked at the Southeast Michigan Council of Governments (SEMOG). After that, he got out of planning and into the construction of transit systems, including subways.

He was concerned that the decisions of the RTA board aren’t in the best interest of building a regional transit system. “It just seems to me that it’s just going to be another waste of time and taxpayers’ money, and just another level of bureaucracy,” he said.

Casha said he’s made two suggestions to the board. The first was to acquire the 157-acre Michigan state fairgrounds property, as a way of generating revenue. It’s a logical place for a regional transportation hub, he said. The rail link from Chicago through Ann Arbor to Detroit already runs past the east side of the property, and it’s near 8 Mile and Woodward. It’s a very valuable piece of land, and the RTA could use it to generate millions of dollars through long-term leasing.

He noted that the state is planning to give away the land to private developers, but he argued that this is not the right time to do that. A group of citizens has been working on an alternative approach to create a truly public-private partnership that generates money for the public, he said, not just for private individuals. He said he’d made these comments to the RTA board, “but I really just don’t think they’re listening.”

Casha also objected to the selection of John Hertel over Larry Salci as the RTA’s CEO. Salci was the former director of the southeast Michigan transportation authority in the 1970s, he said, and had prepared a regional transportation plan with federal funding lined up at that time. Only one member of the current RTA board supported Salci, Casha noted, although the two RTA board representatives from Washtenaw County – Liz Gerber and Richard Murphy – had supported Salci initially.

The three-minute time limit for public commentary elapsed before Casha finished his remarks. He also provided written handouts to the board. [.pdf of Casha's commentary to RTA board in March 2013] [.pdf of Casha's commentary to RTA board in April 2013]

Commissioner Response to Public Commentary – RTA

Yousef Rabhi (D-District 8) thanked Casha for his commentary, saying that the point about finding a use for the state fairgrounds that helps the public over private interests really resonated with him. The land should be kept for public purposes, and he appreciated Casha’s advocacy on that.

By way of background, the RTA was established by the state legislature in late 2012 during its lame duck session. It includes a four-county region – Macomb, Oakland, Washtenaw and Wayne – with each county making two appointments to the board, and the city of Detroit making one.

The county board chair appoints both of Washtenaw County’s members to the RTA board. Those appointments were first made at the end of 2012 by Conan Smith (D-District 9), who was chair through the end of that year. Liz Gerber, a University of Michigan professor of public policy, was appointed to a three-year term. Richard Murphy, who works for Smith at the Michigan Suburbs Alliance, was appointed to a one-year term, and is not seeking reappointment.

The deadline to apply had been extended to Jan. 12, but only two applications were received – from Casha and former state legislator Alma Wheeler Smith, who is Conan Smith’s mother. The RTA state enabling legislation (Act 387 of 2012) mandates that board members must be residents of the county or city that they represent. So as a Canadian resident, Casha is ineligible for the appointment. [.pdf of application materials]

Communications & Commentary: Appointments

Later in the meeting, Yousef Rabhi noted that in addition to an opening for the southeast Michigan Regional Transit Authority (RTA), there are also openings for the Washtenaw County food policy council and the Washtenaw County parks & recreation commission.

The deadline to apply had been extended to Jan. 12. Rabhi noted that nominations will be made at the board’s next meeting on Jan. 22. Commissioners will receive applications for review before that.

Communications & Commentary: Shelter for the Homeless

During the time for public commentary, Tom Partridge called on the board to redouble efforts to help people in need, especially during the very dire weather conditions experienced recently. He asked them to shift funding and provide emergency relief to homeless residents, including food and transportation.

Washtenaw County administrator Verna McDaniel.

There’s also need on a continuing basis to eliminate homelessness, build affordable housing, and provide affordable public transportation and health care, Partridge said.

Yousef Rabhi (D-District 8) gave an update on the county’s response to providing shelter for the homeless during the recent winter storm and sub-zero temperatures. He said he knew that the Ann Arbor city council had some dialogue about it and heard from residents during the Jan. 6 council meeting. People are not being turned away from the Delonis Center, a homeless shelter, he said. The shelter has even relaxed some of its intoxication rules to allow people to stay there who might otherwise not be permitted, Rabhi noted.

There are some people who aren’t allowed to stay at the shelter because of previous incidents, Rabhi reported. The county’s PORT (the county’s project outreach team) has been reaching out to them, he said, to make sure they have accommodations or supplies like sleeping bags. There’s always more that could be done, Rabhi said, but there is collaboration among many entities, including the local governments, the Red Cross, and others.

Communications & Commentary: Food Policy Council

Yousef Rabhi described some of the initiatives that the Washtenaw County food policy council is working on, including a proposal for a county procurement policy that would be more environmentally responsible. In addition, the food policy council working in collaboration with the county’s office of community and economic development to emphasize using local sources in government procurement. Formal proposals will likely come to the board – possibly this spring, he said.

Communications & Commentary: Teens For Tomorrow Art Contest

During her report to the board, county administrator Verna McDaniel highlighted the recent Teens for Tomorrow art contest. She thanked Yousef Rabhi for attending, and thanked Rolland Sizemore Jr. for his advocacy of programs for county youth.

Present: Felicia Brabec, Andy LaBarre, Kent Martinez-Kratz, Ronnie Peterson, Alicia Ping, Yousef Rabhi, Rolland Sizemore Jr., Conan Smith, Dan Smith.

Next regular board meeting: Wednesday, Jan. 22, 2014 at 6:30 p.m. at the county administration building, 220 N. Main St. in Ann Arbor. The ways & means committee meets first, followed immediately by the regular board meeting. [Check Chronicle event listings to confirm date.] (Though the agenda states that the regular board meeting begins at 6:45 p.m., it usually starts much later – times vary depending on what’s on the agenda.) Public commentary is held at the beginning of each meeting, and no advance sign-up is required.

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As expected, the board officers who were first elected in January 2013 were re-elected. Yousef Rabhi (D-District 8) will continue to serve as board chair. Also re-elected were Alicia Ping (R-District 3) as vice chair, Felicia Brabec (D-District 4) as chair of the board’s ways & means committee, and Andy LaBarre (D-District 7) as chair of the working sessions. There were no competing nominations and all votes were unanimous, although Rolland Sizemore Jr. (D-District 5) was out of the room when the votes for Brabec and LaBarre were taken.

Based on compensation that was approved by the board’s Dec. 2, 2012 meeting, the three chairs – Rabhi, Brabec and LaBarre – will each make a base salary of $18,750. That’s $3,000 more than other commissioners. None of the positions are considered to be full-time jobs.

Commissioners also receive stipend payments based on the number of meetings that a commissioner is likely to attend for a particular appointment to the other various boards, committees and commissions. One or two meetings per year would pay $50, three or four meetings would pay $100, and the amounts increase based on the number of meetings. Each commissioner typically has several appointments. Commissioners who are appointed as alternates receive the same stipend as the regular appointments. Some appointments were not designated to be paid because no meetings were expected to be scheduled.

Commissioners can waive their stipends by giving written notice to the county clerk. Otherwise, the stipend payments are made automatically.

In 2013, only Dan Smith (R-District 2) waived all of his stipends, according to the county clerk’s office, which administers the stipends. Brabec waived her stipend for the accommodations ordinance commission. Ronnie Peterson (D-District 6) was not appointed to any boards, committees or commissions and therefore did not receive any stipends.

For 2013, the following stipends were paid [.pdf of chart indicating appointments and eligible stipends]:

• Yousef Rabhi (D-District 8): $2,700 (11 paid appointments, including several stipulated by virtue of Rabhi’s position as board chair, plus 3 unpaid appointments)
• Rolland Sizemore Jr. (D-District 5): $2,350 (11 paid, 2 paid alternates, 1 unpaid)
• Conan Smith (D-District 9): $1,800 (6 paid, 2 paid alternates, 1 unpaid)
• Felicia Brabec (D-District 4): $1,450 (8 paid, 1 alternate with stipend waived)
• Kent Martinez-Kratz (D-District 1): $800 (4 paid)
• Andy LaBarre (D-District 7): $550 (3 paid, 1 unpaid)
• Alicia Ping (R-District 3): $400 (2 paid, 2 unpaid)

In total, seven commissioners were paid $10,050 in stipends for 2013. There is no mechanism in place for validating attendance, other than checking the meeting minutes of these various groups. No one is designated to do that, however.

The board appointments and stipends for 2014 haven’t yet been set. That will likely happen at an appointments caucus that is expected to be scheduled for later this month or early February.

Regarding revisions to the board’s rules and regulations, corporation counsel Curtis Hedger made four recommended changes, including three that related to voting requirements. The fourth change inserted language to clarify that binding action may not be taken at a board working session. [.pdf of draft rules & regulations, with changes indicated in bold and strike-through] [.pdf of Hedger's staff memo]

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

Diane Heidt, the county’s human resources and labor relations director, talks with Greg Dill, director of infrastructure management. (Photos by the writer.)

The resolution taking a stance against the state law was approved on a 6-2 vote, with dissent from the board’s two Republican commissioners – Dan Smith (District 2) and Alicia Ping (District 3). Felicia Brabec (D-District 4) was absent. Though Smith had stated his objections on Feb. 6, when an initial vote had been taken, there was no discussion on the item at the Feb. 20 meeting.

The resolution directed the administration to negotiate new four-year contracts “to protect and extend each bargaining unit’s union security provisions.” Current contracts with most of the 17 unions representing county employees expire at the end of 2013. New contracts, if completed before the right-to-work law takes effect in March, would not be required to comply with the new law, which makes it illegal to require employees to support unions financially as a condition of their employment.

Negotiations with the unions began earlier this month.

In other action at the Feb. 20 meeting, the board appointed Dan Smith to the Washtenaw County parks & recreation commission – the third county commissioner to be appointed to that 10-member board. Ronnie Peterson (D-District 6) raised concerns about having too many commissioners serve on that entity, noting that Smith was filling a slot designated for the general public.

Yousef Rabhi, who as board chair made the nomination, responded to Peterson’s comments, saying that he and Smith had discussed this issue – because Smith had the same concerns as Peterson. Rabhi assured Peterson that the commission will continue to provide opportunities for citizens to serve, and that the slot filled by Smith would remain designated as one for the general public for future appointments. Five members of the general public currently serve on the parks & rec commission.

In communications to the board, Rabhi noted that he planned to form a task force to explore establishing a county land bank. A land bank is a mechanism for the county to take temporary ownership of tax- or mortgage-foreclosed land while working to put it back into productive use. The board had previously voted to establish a land bank at its Sept. 1, 2010 meeting, but never took the next step of funding it or getting approval from the state. Only three commissioners from that period – Ronnie Peterson, Rolland Sizemore Jr. and Conan Smith – still currently serve on the board.

Among the other items handled at the Feb. 20 meeting included: Resolutions of appreciation for two Chelsea organizations – Purple Rose Theatre and Chelsea Lanes; a final vote to authorize borrowing up to $40 million against the amount of delinquent property taxes in all Washtenaw County jurisdictions; and final approval to add the Detroit Region Aerotropolis board to the list of boards, committees and commissions that are eligible for commissioners to receive stipend payments.

The Feb. 20 meeting was attended by several students, including nursing students from the University of Michigan who were observing the proceedings as part of a psychiatric nursing course.

Right-To-Work Response

Commissioners were asked to give final approval to a resolution opposing Michigan’s new right-to-work legislation, with a clause that directs the county administration to renegotiate union contracts. Initial approval had been given on Feb. 6, with a 6-1 vote. The dissenting vote at that meeting cast by Dan Smith (R-District 2). Absent at that Feb. 6 meeting  were Ronnie Peterson (D-District 6) and Alicia Ping (R-District 3).

In addition to condemning the right-to-work law and urging the state legislature to pass SB 95 and SB 96 – bills that would repeal the law – the resolution also “directs the county administrator and the director of human resources to engage in expedited negotiations, as requested by the unions, with the goal of reaching four (4) year agreements to protect and extend each bargaining unit’s union security provisions, as well as enter into a letter of understanding separate from the existing collective bargaining agreements for a period of ten (10) years.”

This same approach was authorized by the Ann Arbor Transportation Authority’s board at its Jan. 17, 2013 meeting. [See Chronicle coverage: "AATA OKs Labor, Agency Fee Accords"]

The controversial right-to-work law was passed late last year by the Republican-controlled House and Senate, and signed by Republican Gov. Rick Snyder. The law, which takes effect in March, will make it illegal to require employees to support unions financially as a condition of their employment. It’s viewed by Democrats as a way to undercut support for labor organizations that have historically backed the Democratic Party. On the Washtenaw County board of commissioners, seven of the nine commissioners are Democrats.

Unions represent 85% of the 1,321 employees in Washtenaw County government, through 17 different bargaining units. The largest of those units is AFSCME Local 2733.

Several commissioners have been vocal advocates in opposition to the new law. Those views were aired on Jan. 3 with a lengthy discussion of the right-to-work issue. [Chronicle coverage: "County Board Weighs Right-to-Work Response"]

On Feb. 20, Dan Smith (R-District 2) asked that the resolution be pulled out of the consent agenda to be considered separately. There was no discussion on the item, but a separate roll-call vote was taken on it.

Outcome: On a 6-2 vote, the resolution related to right-to-work issues was passed. Dissenting were Dan Smith (R-District 2) and Alicia Ping (R-District 3). Felicia Brabec (D-District 4) was absent.

At its Feb. 6 meeting, when the resolution received initial approval, the board held a closed session that lasted nearly three hours, for the purpose of discussing labor negotiation strategy. On Feb. 20, at the end of their meeting commissioners again met with staff for a closed session on collective bargaining, which lasted about 90 minutes.

Appointments

Appointments to the Washtenaw County parks & recreation commission and the Area Agency on Aging 1B were on the Feb. 20 agenda.

From left: County commissioner Ronnie Peterson (D-District 6) and Bob Tetens, director of Washtenaw County parks & recreation.

Dan Smith, a Republican county commissioner representing District 2, was nominated to the county parks & recreation commission for the remainder of a three-year term, ending Dec. 31, 2014. He had previously served two years on that commission, through Dec. 31, 2012.

He had not been reappointed in the initial round of appointments to WCPARC that were made earlier this year. Other commissioners appointed to WCPARC at the county board’s Jan. 16, 2013 meeting were Conan Smith of Ann Arbor (D-District 9) and Rolland Sizemore Jr. (D-District 5).

In a separate resolution on Feb. 20, Thomas Miree was nominated to the Area Agency on Aging 1B for a two-year term ending Dec. 31, 2014. The resolution noted that Miree had been the only applicant for this position.

Miree had previously been appointed to the AAA 1B in December of 2011, for a two-year term. Pete Simms of the county clerk’s office, who handles the application process for the county board appointments, clarified for The Chronicle that the AAA 1B board had changed its bylaws last year so that terms for its citizen representatives – one from each county in the agency’s geographic region – would have terms ending at the same time, on Dec. 31, 2014. So the agency asked the Washtenaw County board to reappoint Miree for a new two-year term, Simms explained.

Simms said that the position had been reposted as a formality, but that Miree was the only applicant. According to the agency’s website, Miree serves as the AAA 1B board’s vice chair.

Chronicle readers might recognize Miree from previous reports about the city of Ann Arbor’s intent to put a dog park in West Park, across from the New Hope Baptist Church. Miree, a trustee with the church, had spoken during public commentary earlier this year at the city’s park advisory commission as well as at city council, advocating against putting a dog park in that location. The city ultimately decided to look for another spot for a dog park.

Appointments: Board Discussion

The opening on WCPARC was designated for the general public. That concerned commissioner Ronnie Peterson (D-District 6), who spoke at length about the importance of involving citizens on the parks & recreation commission. Peterson said his comments were not a criticism of Dan Smith – characterizing their relationship as a good one. While it’s important to have a liaison between the county board and WCPARC, Peterson cautioned against having too many county commissioners serve on WCPARC. He wanted to ensure that the position remained designated for the general public, even though it would be filled at this point by a county commissioner.

By way of background, this was the membership of the 10-member parks & recreation commission, prior to Dan Smith’s appointment:

• Bob Marans, president (general public)
• Patricia Scribner, vice president (general public)
• Nelson Meade, secretary (general public)
• Jan Anschuetz (general public)
• Janis Bobrin (general public)
• Rolland Sizemore, Jr. (county commissioner)
• Conan Smith (county commissioner)
• Evan Pratt (county water resources commissioner – mandated)
• Fred Veigel (county road commissioner – mandated)
• Vacant (general public)

At the Feb. 20 meeting, Yousef Rabhi, who as board chair made the nomination, responded to Peterson’s comments. Rabhi said that he and Dan Smith had discussed this issue – because Smith had the same concerns as Peterson. Rabhi assured Peterson that the commission will continue to provide opportunities for citizens to serve, and that the slot filled by Smith would remain designated as one for the general public.

Outcome: Commissioners unanimously approved appointing Dan Smith to WCPARC and Thomas Miree to the Area Agency on Aging 1B board.

Changes to Stipend List

At their Feb. 20 meeting, commissioners were asked to give final approval to change the board rules and regulations that they had adopted on Dec. 5, 2012. The amendment, initially approved on Feb. 6, 2013, was to change the list of boards, committees and commissions that are eligible for stipend payments, adding the Detroit Region Aerotropolis board to the list and removing the Southeast Michigan Regional Transit Authority (RTA). The stipend for service on the aerotropolis will be $100.

From left: Curtis Hedger, the county’s corporation counsel, and county board chair Yousef Rabhi (D-District 8).

Commissioner Rolland Sizemore Jr. (D-District 5) had been appointed to serve on the aerotropolis at the county board’s Jan. 16, 2013 meeting. Sizemore’s appointment on Jan. 16 came in the context of the annual county commissioner appointments made at the start of each year. [.pdf of 2013 appointments listing]

The original list of eligible boards, committees and commissions for which stipends are paid was approved at the county board’s Dec. 5 meeting, but the aerotropolis had not been included in that list.

At that Dec. 5 meeting, commissioners had voted to alter their compensation to receive stipend payments based on the number of meetings that a commissioner is likely to attend for a particular appointment. One or two meetings per year would pay $50, three or four meetings would pay $100, and the amounts increase based on the number of meetings. Each commissioner typically has several appointments.

In the past, commissioners had to request per diem payments for their work. Now, stipend payments will be made automatically, unless commissioners waive their stipends by giving written notice to the county clerk. According to the county clerk’s office, Dan Smith (R-District 2) is the only commissioner who has waived all of his stipends. Ronnie Peterson (D-District 6) does not receive any stipends because he was not appointed to any boards, committees or commissions.

Outcome: Without discussion, commissioners unanimously voted to approve the change in the stipend list.

Delinquent Tax Borrowing

On the agenda was a final vote to authorize borrowing up to $40 million against the amount of delinquent property taxes in all of the county’s 80 taxing jurisdictions. [.pdf of delinquent tax resolution] Commissioners gave initial approval on Feb. 6, 2013, when county treasurer Catherine McClary had been on hand to make a presentation and answer questions.

After March 1, taxing jurisdictions – including cities, townships, schools systems and libraries, among others – turn their delinquent taxes over to the county, and are reimbursed for that amount. The county treasurer then assumes responsibility for collecting these delinquent taxes. This is a standard procedure that’s conducted annually at this time of year. The borrowed funds are used for cash flow purposes, to fund operations for the first half of the year.

This year, the estimated amount of delinquent taxes is about $25 million. At the Feb. 6 board meeting, McClary told commissioners that she expects the actual amount to be lower than that. The exact amount won’t be determined until the middle or end of March. The notes will likely be issued in April or May, she said. McClary also pointed out that the resolution limits the amount that can be borrowed to $40 million, down from a limit of $45 million last year.

McClary did not attend the Feb. 20 meeting, and there was no discussion on this item.

Outcome: Commissioners unanimously approved the delinquent tax borrowing resolution.

Allen Creek Drain Project

Commissioners were asked to authorize backing bonds for a drain project along Miller Avenue in Ann Arbor – in the Allen Creek drainage district – with the county’s full faith and credit. The board had given initial approval on Feb. 6, 2013.

The backing is for up to $1.58 million in bonds for the project, which will be repaid through a special assessment against the city of Ann Arbor. The project is being handled by the office of the Washtenaw County water resources commissioner, led by Evan Pratt. It’s the first project brought forward by Pratt, who took office in January.

According to a staff memo, the funds will be used “to clean out, widen, deepen, straighten, tile, extend, or relocate along a highway, construct branches, relief drains, or connections to the Miller Avenue portion of the Allen Creek Drain to reduce downstream flooding and improve water quality to increase the public health benefit.”

Pratt had attended the Feb. 6 meeting, but was not on hand for the Feb. 20 session.

Outcome: The board unanimously approved the drain project, with no discussion.

Sewer Debt Refinancing

Final approval to refinance debt for a sewer system on the county’s west side was on the board’s Feb. 20 agenda. The refinancing, which is intended to save more than $280,000 in interest payments, got initial approval at the county board’s Feb. 6, 2013 meeting. [.pdf of Feb. 20 memo and resolution]

John Axe of Axe & Ecklund, a Grosse Pointe Farms firm, is the county’s bond counsel. He attended the Feb. 20 meeting but did not formally address the board during the public portion of its meeting.

The resolution authorizes the sale of refunding bonds that would be used to pay the remaining principal on existing bonds that were sold in 2004. That year, the county sold $5.115 million in bonds to help Lyndon and Sylvan townships pay for the sewer. Of that, $2.25 million remains to be paid.

However, the bond sale now is expected to be about $990,000 – an amount that’s lower than indicated in the original Feb. 6 resolution. According to a Feb. 20 memo from county water resources commissioner Evan Pratt and Daniel Myers, director of public works, Lyndon Township has decided to pay off all of its remaining debt and will therefore not participate in the new bond sale. In addition, Sylvan Township will pay $225,000 to reduce its part of the debt.

The resolution that commissioners considered on Feb. 20 for final approval had been changed from the Feb. 6 resolution, to reflect this updated information.

The project built sewers at Cavanaugh, Sugar Loaf, Cassidy, Crooked, and Cedar Lakes. It’s funded through special assessments on property around those lakes and payments by the Sugar Loaf Lake State Park and Cassidy Lake State Corrections Facility.

This sewer system is separate from a controversial water and wastewater treatment plant project in Sylvan Township. For more background on that project, see Chronicle coverage: “County Board OKs Sylvan Twp. Contract.”

John Axe of Axe & Ecklund, a Grosse Pointe Farms firm, is the county’s bond counsel and attended the Feb. 20 meeting. However, he did not formally address the board during the public portion of its meeting.

Outcome: The board unanimously approved the sale of refunding bonds.

Recognizing Purple Rose, Chelsea Lanes

Two Chelsea organizations – Purple Rose Theatre and Chelsea Lanes – were recognized for their support of the community at the Feb. 20 meeting. Resolutions of appreciation were brought forward by Kent Martinez-Kratz (D-District 1), whose district includes the city of Chelsea.

The Purple Rose Theatre – founded by the actor Jeff Daniels, who lives in the area – is a nonprofit professional theater located in downtown Chelsea. The resolution of appreciation cites several contributions, including the theater’s weekly Wednesday matinee held for the community, and its partnerships with local businesses and entities like the Chelsea District Library. [.pdf Purple Rose Theatre resolution]

Chelsea Lanes, a bowling alley owned by Eddie Greenleaf III and located at 1180 S. Main, was commended for its support of the SRSLY community coalition, and for hosting many community events and fundraisers. [.pdf of Chelsea Lanes resolution]

The resolutions noted that Chelsea Lanes received the Chelsea Area Chamber of Commerce’s 2012 Small Business Award, while Purple Rose Theatre received the chamber’s 2012 Large Business Leadership Award.

No one from either organization attended the Feb. 20 meeting, and there was no discussion on these items.

Outcome: The board unanimously approved the resolutions of appreciation.

3-Way Tech Agreement

Washtenaw County commissioners were asked to give final approval to amend a three-way agreement with the Ann Arbor Transportation Authority and the city of Ann Arbor.

Andy Brush, the county’s IT manager.

The three-way accord – an interagency agreement for collaborative technology and services (IACTS) – is meant to provide a way to procure and maintain common technology platforms and services centrally. Commissioners had given initial approval to the changes on Feb. 6, 2013.

The modification to the agreement allows for adding other entities into the agreement in a more streamlined way. It gives each founding member the ability to add new participants administratively, without modifying the agreement itself. The original IACTS was approved in May of 2011. [.pdf of IACTS amendment]

The Ann Arbor city council approved the amendment at its Feb. 4, 2013 meeting.

Washtenaw County already provides certain IT services to other local entities – like the city of Ypsilanti, Dexter’s fire department, and the 14B District Court – although they aren’t yet parties to the IACTS agreement. Another entity that might participate in the IACTS is the Washtenaw Intermediate School District.

Andy Brush, the county’s IT manager, attended the Feb. 20 meeting but did not formally address the board.

Outcome: Without discussion, the board unanimously approved amendments to the IACTS.

Grant Funding

Three items related to grants and programs administered by the county’s office of community & economic development (OCED) were on the Feb. 20 agenda for final approval.

The items are: (1) the Michigan Works! system plan for 2013 [.pdf of 2013 MWSP]; (2) $20,000 in federal funding (Community Services Block Grant discretionary funds) to conduct a needs assessment of the New West Willow Neighborhood Association, supplemented with $5,000 in county matching funds; and (3) $20,000 in federal funding (Community Services Block Grant discretionary funds) for tax preparation services to low-income customers, in partnership with Avalon Housing, Catholic Social Services of Washtenaw County, Housing Bureau for Seniors and Women’s Center of Southeastern Michigan.

These items had received the board’s initial approval at a meeting on Feb. 6, 2013.

Outcome: Without discussion, the board unanimously approved these OCED grant-related items.

Communications & Commentary

During the evening there were multiple opportunities for communications from the administration and commissioners, as well as public commentary.

Communications & Commentary: Land Bank

Yousef Rabhi (D-District 8) announced that he planned to put together a task force to “take a serious look” at establishing a county land bank. He said he wanted to make sure that commissioner Ronnie Peterson (D-District 6), who represents the Ypsilanti area, is involved in that effort, along with the county treasurer’s office and the office of community & economic development. He invited any other commissioner who wanted to participate to let him know. He said he hoped they could move quickly, because a land bank could have a potentially big impact on local communities, including on the eastern side of the county.

Conan Smith (D-District 9) expressed support, noting that the board and staff had worked on this issue a couple of years ago. Even though the economy is starting to recover nationally and across Michigan, he said, there are still struggles related to foreclosure – particularly on the county’s east side, in the Ypsilanti and Ypsilanti Township area. Those issues would be well addressed by a land bank. The challenges of structure and funding still exist, Smith said, adding that “we never were able to resolve that.” So it’s good to have a task force that could develop a strategy that meets the board’s interest as well as the interests of the county treasurer, he said.

After consulting with corporation counsel Curtis Hedger about the process for creating a task force, Rabhi indicated he would bring a formal recommendation to the board in the near future to form the land bank task force.

By way of background, a land bank is a mechanism for the county to take temporary ownership of tax- or mortgage-foreclosed land while working to put it back into productive use. “Productive use” could mean several things – like selling it to a nonprofit like Habitat for Humanity to rehab, or demolishing a blighted structure and turning the land into a community garden.

The board has made attempts in the past to start a land bank. The board actually formed a land bank in the summer of 2009. But after commissioners were unable to resolve issues related to governance and funding, they voted to dissolve the land bank in March of 2010. Only three current commissioners were on the board at that time: Ronnie Peterson, Rolland Sizemore Jr. and Conan Smith.

At its Sept. 1, 2010 meeting, the board voted to revive the land bank. However, the board never took the next step of funding it or getting approval from the state.

Commissioner Kent Martinez-Kratz (D-District 1) greets students from the University of Michigan School of Nursing who attended the county board’s Feb. 20 meeting.

For additional background, see Chronicle coverage: “Banking on a Land Bank” (July 8, 2009 board meeting); and discussions during the county board meetings on March 17, 2010, July 7, 2010 and Aug. 4, 2010.

Communications & Commentary: Students

Several students attended the Feb. 20 meeting, and were asked by commissioner Rolland Sizemore Jr. (D-District 5) to introduce themselves. They were students from Skyline High School fulfilling a class assignment, and nursing students from the University of Michigan who were observing the proceedings as part of a psychiatric nursing course. This detail drew laughs from commissioners, who appeared to appreciate the implication.

Communications & Commentary: Thomas Partridge

There was only one speaker during the two citizens participation slots at the Feb. 20 meeting – Thomas Partridge – who spoke during both opportunities for public commentary.

He raised concerns about the local impact of possible sequestration at the federal level. He called on the board to pass resolutions to recall elected officials who are neglecting their responsibilities to the most disadvantaged and vulnerable residents, and to labor unions. Among those who should be recalled, Partridge said, are Gov. Rick Snyder, Ann Arbor mayor John Hieftje, and certain members of the county board, whom he did not identify by name.

Partridge also urged the board to get serious about addressing job creation, affordable housing and affordable transportation needs.

Present: Andy LaBarre, Kent Martinez-Kratz, Ronnie Peterson, Alicia Ping, Yousef Rabhi, Rolland Sizemore Jr., Conan Smith, Dan Smith.

Absent: Felicia Brabec.

Next regular board meeting: Wednesday, March. 6, 2013 at 6:30 p.m. at the county administration building, 220 N. Main St. in Ann Arbor. The ways & means committee meets first, followed immediately by the regular board meeting. [Check Chronicle event listings to confirm date.] (Though the agenda states that the regular board meeting begins at 6:45 p.m., it usually starts much later – times vary depending on what’s on the agenda.) Public commentary is held at the beginning of each meeting, and no advance sign-up is required.

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Commissioner Rolland Sizemore Jr. (D-District 5) had been appointed to serve on the aerotropolis at the county board’s Jan. 16, 2013 meeting. Sizemore’s appointment on Jan. 16 came in the context of the annual county commissioner appointments made at the start of each year. [.pdf of 2013 appointments listing]

The original list of eligible boards, committees and commissions for which stipends are paid was approved at the county board’s Dec. 5 meeting, but the aerotropolis had not been included in that list.

At that Dec. 5 meeting, commissioners had voted to alter their compensation to receive stipend payments based on the number of meetings that a commissioner is likely to attend for a particular appointment. One or two meetings per year would pay $50, three or four meetings would pay $100, and the amounts increase based on the number of meetings. Each commissioner typically has several appointments.

In the past, commissioners had to request per diem payments for their work. Now, stipend payments will be made automatically, unless commissioners waive their stipends by giving written notice to the county clerk. According to the county clerk’s office, Dan Smith (R-District 2) is the only commissioner who has waived all of his stipends. Ronnie Peterson (D-District 6) does not receive any stipends because he was not appointed to any boards, committees or commissions.

This brief was filed from the boardroom of the county administration building at 220 N. Main. A more detailed report will follow: [link]

Declan LaBarre, son of Andy and Megan LaBarre, was the youngest of many family members who attended the Jan. 2, 2013 meeting of the Washtenaw County board of commissioners to watch the new board get sworn in. Andy LaBarre is the newest Ann Arbor commissioner, elected on Nov. 6 to represent District 7. (Photos by the writer.)

After the swearing-in of commissioners – a ceremony officiated by county clerk Larry Kestenbaum – the two main agenda items were the election of board officers, and approval of revised board rules and regulations.

Two of the four new board officers are from Ann Arbor: Yousef Rabhi (D-District 8), who was elected chair of the board on an 8-1 vote, with Dan Smith (R-District 2) dissenting, and Andy LaBarre (D-District 7), who was unanimously elected chair of the board’s working sessions.

In explaining his vote against Rabhi later in the meeting, Dan Smith cited the previous tradition of rotating the chair position between Ann Arbor representatives and commissioners from the out-county area, to ensure that all voices are well-represented in all aspects of county business. Smith’s district covers some of the county’s more rural townships, including the townships of Webster, Northfield, Salem. The chair for the previous two years, Conan Smith (D-District 9), is also from Ann Arbor.

Dan Smith said it was especially troubling to have another Ann Arbor chair because Ann Arbor districts have declined proportionately to the rest of the districts – decreasing from four districts on an 11-district board to three districts on a 9-district board, because of redistricting.

Responding to those concerns, Conan Smith said he never liked the tradition of rotating chairs on the board, and felt they should choose the right person for the times. Rabhi said he hoped to set a tone of collaboration and cooperation, and looked forward to working with Dan Smith and other commissioners to help achieve their goals for the county.

Also elected were Alicia Ping of Saline (R-District 3) as vice chair and Felicia Brabec of Pittsfield Township (D-District 4) as chair of the board’s ways & means committee. Dan Smith also dissented on the election of Brabec.

The first meeting of each year includes a review of the rules and regulations that govern the board’s actions. The major change, on a 5-4 vote, was to remove the ability of a commissioner to abstain from a vote. The amendment to strike the rule was put forward by Conan Smith. Others voting in favor of the deletion were Kent Martinez-Kratz (D-District 1), Felicia Brabec (D-District 4), Rolland Sizemore Jr. (D-District 5), and Yousef Rabhi (D-District 8).

The question of abstaining from votes typically relates to resolutions on state or federal issues, over which the county board has no control. This year, the county board already appears to be moving to weigh in on at least one state-level issue. The board called a special working session for Jan. 3 to discuss the state’s new “right to work” law, which was passed during the legislature’s lame duck session late last year and signed into law by Republican Gov. Rick Snyder. That meeting will be covered in a separate Chronicle report.

The Jan. 2 board meeting also included an update on negotiations about the county’s contract with the Humane Society of Huron Valley (HSHV). The agreement, which hasn’t  yet been finalized, would pay HSHV $550,000 annually to provide animal control services to the county over four years. Of that, $460,000 would come from the county’s general fund. The remaining amount would be paid through contracts with other municipalities that have animal control ordinances: the cities of Ann Arbor and Ypsilanti, and the townships of Pittsfield, Superior and Ypsilanti. County administrator Verna McDaniel said she’s already had discussions with those entities, as well as with the city of Saline.

Some commissioners expressed concerns about the Humane Society contract. Rolland Sizemore Jr. objected to HSHV receiving amounts over $550,000 if new revenue is brought in – because he felt the revenue should come back to the county instead. Ronnie Peterson worried about the additional financial burden that just a few municipalities would bear, and wanted to see every municipality help pay for animal control services. The new contract with HSHV is expected to be finalized later this month, and does not require board approval.

Swearing In and Officer Elections

Because the new board had not yet been sworn in following the end of the 2012 terms, the Jan. 2 meeting was convened by county clerk Larry Kestenbaum. He began by noting his own experiences on county boards during a transition in the number of commissioners. When he was first elected to the board of commissioners in Ingham County – where the cities of Lansing and East Lansing are located – it was just decreasing in size from 21 commissioners to 20. Kestenbaum also was on the Washtenaw County board of commissioners in 2000 when redistricting reduced the number of seats from 15 to 11. [He decided not to run again for county commissioner, rather than compete against the other incumbent Democrat in that redrawn district – Leah Gunn. He then ran for county clerk in 2004, and was re-elected in 2008 and 2012.]

Washtenaw County clerk Larry Kestenbaum holds a meat tenderizer that was serving as a gavel during the Jan. 2 county board meeting. Outgoing chair Conan Smith brought the gavel as a joke for Yousef Rabhi, who was elected chair later in the meeting.

Kestenbaum was highlighting these transitions because the new county board has just nine districts, down from the 11 over the last decade. Kestenbaum was chair of a five-member Washtenaw County apportionment commission, which in May 2011 adopted the new redistricting plan. The change included a decrease in the number of Ann Arbor districts from four to three, and put incumbents Alicia Ping, a Republican, and Democrat Wes Prater into the same district – the new District 3, covering south and southwestern Washtenaw County, including the city of Saline. Ping, a former Saline city councilmember, won the Nov. 6 race against Prater.

Redistricting occurs every 10 years, based on population changes determined by the U.S. census. This is the fewest number of districts on the county board since the 1980s.

At the Jan. 2 meeting, Kestenbaum said that the former commissioners would be missed, and that changing even a few people on the board would create a different chemistry. Of the nine commissioners, all but two – Kent Martinez-Kratz (D-District 1) and Andy LaBarre (D-District 7) – are incumbents. The other commissioners are Dan Smith (R-District 2), Alicia Ping (R-District 3), Felicia Brabec (D-District 4), Rolland Sizemore Jr. (D-District 5), Ronnie Peterson (D-District 6), Yousef Rabhi (D-District 8) and Conan Smith (D-District 9).

Kestenbaum implored the board to consider that the work product of the entire body is more important than their individual political gain. He asked them to consider scoring points for the county and the general public, rather than for themselves or their colleagues.

Kestenbaum then read the oath of office: “Do you solemnly swear that you will support the Constitution of the United States, and the Constitution of the State of Michigan, and that you will faithfully discharge the duties of the office of the Board of Commissioners in and for the County of Washtenaw, State of Michigan, according to the best of your ability.” Commissioners responded: “I do.”

After the swearing-in ceremony, commissioners introduced their family and friends who were attending. Also in the audience was former commissioner Barbara Bergman – and she was introduced by Rabhi as his “second mom.”

Officer Elections: Rabhi Chosen As Board Chair

Later in the meeting, the board also elected its officers for the coming year. Negotiations for these positions occurs privately in the weeks or even months before the actual officer elections are held, and in recent years there has not been more than one person nominated for each leadership role. This year, four positions were elected: Board chair and vice chair, and chairs for the board’s ways & means committee and working sessions. In past years, there were also vice chairs for ways & means and the working sessions, but those roles were eliminated this year.

As anticipated, Rabhi was elected as the new chair of the board, replacing fellow Ann Arbor resident Conan Smith, who has served in that role for the past two years. [Commissioners are elected by the general public to two-year terms.] Rabhi, who was chair of the board’s working session in 2011 and 2012, had announced last year his intent to run for the board chair. Although there was no previous substantive discussion about Rabhi’s candidacy, Smith referred to Rabhi as the “chair elect” in an announcement last month regarding a selection panel for the regional transit authority board appointments, and in subsequent communications had indicated an assumption that Rabhi would be the next chair.

At the Jan. 2 meeting, Conan Smith nominated Rabhi as chair, stating: “I rise from the new 9th district – the strongest, largest, most handsome, most prosperous place in Washtenaw County, and the most educated. And as the wisest in the county, we seek leadership that is kind, just, caring – the kind of leadership that can help us all as individuals succeed as a group, the kind of leadership that can keep our tempers even and keep our spirits high. It is my great honor to nominate for the chair of Washtenaw County commission [sic], Mr. Yousef Rabhi.”

Rabhi received a round of applause, and there were no other nominations.

Outcome: Yousef Rabhi was elected as board chair on an  8-1 vote, with dissent by Dan Smith.

Rabhi thanked commissioners for putting their faith in him to lead the board. “We have some tough issues ahead of us,” he said. “But I think by working all together, we can make some real positive change in this community.”

Also nominated were Alicia Ping as board vice chair, Felicia Brabec as chair of the board’s ways & means committee, and Andy LaBarre as chair of the working sessions. There were no competing nominations for these positions.

Outcome: Alicia Ping and Andy LaBarre were unanimously elected board vice chair and chair of the working sessions, respectively. Felicia Brabec was elected chair of the ways & means committee on an 8-1 vote, with Dan Smith  dissenting.

Officer elections are held each January. However, it’s been the board’s custom to elect commissioners to the same leadership roles for two consecutive years, starting with the first year of their two-year terms. So it’s likely that these officers will serve in 2013 and 2014.

From left: Washtenaw County commissioners Dan Smith (R-District 2) and Kent Martinez-Kratz (D-District 1) take the oath of office on Jan. 2, 2013.

Near the end of the meeting, Dan Smith explained his rationale for voting no. The board has several long-standing traditions that have served all areas of the county – rural and urban – very well, he said. One of those traditions is to ensure that all voices are well-represented in all aspects of county business. And part of that tradition is to alternate the chairship between Ann Arbor commissioners and commissioners from the out-county area. The board didn’t do that this year, he noted.

Smith said it was especially troubling to have another Ann Arbor chair because Ann Arbor districts have declined proportionately to the rest of the districts. Previously, there were four Ann Arbor districts on the 11-district board. Now there are three Ann Arbor districts out of nine total districts. Having another Ann Arbor chair makes it “much more difficult to see a benefit to the many rural areas of the county – the 20 different townships that are scattered throughout the county.”

Smith said it’s also troubling when there’s a collection of three chairs and a vice chair who can get together on their own and discuss county business, because four out of nine commissioners does not constitute a quorum. Previously, the leadership structure of three chairs and three vice chairs prevented the six from gathering separately, he said, because six members of the 11-member board represented a quorum. [Under Michigan's Open Meetings Act, meetings with a quorum must be open to the public.]

Smith observed that there’s nothing illegal about the four board officers getting together on their own, but “it creates a perception that I think is a bit troubling.” He said he wasn’t faulting the officers who had been elected that evening – he had nothing ill against them. But for people who are looking at it from a distance, there might be the perception that things are awry.

He again stated that he was sure everything would be conducted above board – it was simply a matter of perception. “So it’s disappointing to me that we’re starting out a new year and a new board with breaking some of these traditions.” Noting that there’s another tough budget to face with a significant shortfall, Smith said he was hopeful the board could face these challenges together “despite this rough start to the year.”

Conan Smith responded, saying he had a different perspective. He never liked the tradition of de facto rotating chairs on the board. He felt it was better to evaluate the quality of the board’s leadership against the times they were in, and pick people that the board felt would address the issues of the moment. “Really, that’s the appropriate way for this board to work,” he said.

Rabhi represents someone who’s particularly well-suited for the time, Smith contended, adding that it is a smaller board with a lot of new people. Smith told Rabhi: “You’ve been an excellent consensus builder during your two years on the board already, and I think you’re the kind of person that should be the chair.” [Regarding the number of new commissioners, seven of the nine commissioners are incumbents. There are only two newly elected commissioners – Andy LaBarre and Kent Martinez-Kratz. Three of the incumbents – Dan Smith, Alicia Ping and Yousef Rabhi – were elected to their first terms in 2010. Felicia Brabec was appointed in October of 2011 to fill a vacancy left by resigning commissioner Kristin Judge. The board's longest-serving members are Ronnie Peterson of Ypsilanti and Rolland Sizemore Jr. of Ypsilanti Township, who were both first elected in 2000. Conan Smith was first elected in 2004.]

Prior to the start of their Jan. 2, 2013 meeting, the new nine-member Washtenaw County board of commissioners posed for their official group photo, taken by Anne Keesor of Anne Keesor Photography. This photo was taken while commissioners were getting ready for Keesor’s shot. From left, standing: Conan Smith, Kent Martinez-Kratz, Dan Smith. Middle row: Alicia Ping, Rolland Sizemore Jr. Front row: Andy LaBarre, Yousef Rabhi, Felicia Brabec, Ronnie Peterson.

Even though they shared a common city and a friendship, Conan Smith said he didn’t support Rabhi because Rabhi was from Ann Arbor. If Rabhi wasn’t the right person for the job, “I’d support somebody else – and I think that’s the way we ought to be making decisions on board leadership.”

As for the issue about a quorum, Conan Smith said that what actually happened in the past four years while he was board chair is that the three chairs would get together separately – they wouldn’t meet with the vice chairs. Because of that, people who were elected as leadership were exempted from important conversations, he said, and that’s more of a problem.

The way that the leadership is structured now, he said, allows the three chairs and vice chair to meet, to set the direction of the board, to consider the variety of issues that are in front of them, and to bring those issues back to the board. The leadership isn’t empowered to make decisions on behalf of the board, but he expects the leadership team to regularly meet and to work with county administration. “In order to do that, sometimes you need to be able to meet off-line,” Smith said. “That is, frankly, an important consideration when trying to lead a board through complex and possibly contentious issues.”

Rabhi spoke next, saying that some people might perceive Dan Smith’s vote and comments as something personal against him. “Despite commissioner Dan Smith’s concerns of myself being chair, I intend to work with each and every commissioner to move this county forward,” Rabhi said. “That’s really the tone that I will set this year – a tone of collaboration and cooperation, because we all bring different sets of experiences to the table, and we all come from different backgrounds. And that’s a strength, not a weakness.”

Officer Elections: Compensation

Based on increases to compensation that were approved by the board at its Dec. 2, 2012 meeting, the three chairs – Rabhi, Brabec and LaBarre – will each earn a base salary of $18,750. That’s $3,000 more than other commissioners. None of the positions are considered to be full-time jobs.

Also starting this year, commissioners will receive stipend payments based on the number of meetings that a commissioner is likely to attend for a particular appointment. One or two meetings per year would pay $50, three or four meetings would pay $100, and the amounts increase based on the number of meetings. Each commissioner typically has several appointments, so the new system will likely add several hundred dollars to their compensation. Commissioners will be able to waive their stipends by giving written notice to the county clerk. In the past, commissioners were eligible for per diem payments for attending certain meetings, but had to file for those payments after the fact. The stipend payments will be made automatically.

Appointments to various boards, commissions and committees will be made at a future meeting. Rabhi has announced his intent to hold an appointments caucus in order to determine preferences for those appointments.

Revised Board Rules & Regulations

As part of the standard first-meeting-of-the-year action, commissioners discussed a revised set of board rules and regulations that are intended to govern their actions, meetings and other governance issues. [.pdf of revised board rules & regulations, with changes tracked. The document does not reflect amendments made at the Jan. 2, 2013 meeting.]

Commissioners suggested revisions to board chair Yousef Rabhi prior to Jan. 2 meeting, and he reviewed those changes during the meeting. This report highlights some of the main changes.

Revised Board Rules & Regulations: Compensation

At the board’s Dec. 5, 2012 meeting, commissioners approved several changes to their compensation. Those changes included increasing their base salaries from $15,500 to $15,750 annually, paying all three chairs an extra $3,000, replacing per diem payments with stipend payments – which will result in at least several hundred dollars of additional compensation each year – and eliminating the $3,550 flex accounts from which commissioners previously drew their per diem, travel and other expenses.

The board rules and regulations were revised to reflect those changes.

The stipends are based on the number of boards, committees and commissions on which a commissioner serves, and the number of meetings that commissioners are expected to attend. Stipend payments range from $50 per year for groups that meet only 1-2 times annually, up to $1,000 for groups that meet more than 24 times. There are 45 boards, committees and commissions to which commissioners are appointed.

Dan Smith pointed out that the changes to the rules and regulations eliminate the previous $3,550 spending cap that had been associated with each commissioner’s flex account. Now, there is no cap. However, “given the entirety of the rules and the other changes, I’m satisfied with them as they are currently drafted and presented,” he said.

Revised Board Rules & Regulations: Abstaining

A year ago, Dan Smith (R-District 2) successfully convinced a majority of commissioners to add to the board rules the ability to abstain from certain types of votes. The rule, added in February 2012, stated: “Commissioners may abstain from voting on resolutions that express support or opposition and otherwise take no action.” The question of abstaining from votes has related primarily to resolutions on state or federal issues, over which the county board has no control.

Dan Smith’s proposal had occurred in the wake of the board’s final meeting in December 2011, when Yousef Rabhi – a Democrat from Ann Arbor – brought forward a resolution urging state lawmakers to reject HB 4770, HB 4771 and “any legislation that codifies discrimination.” That state legislation, which was later signed by Gov. Rick Snyder, removed the ability to extend benefits to same-sex partners. During deliberations on that resolution, Smith and Rob Turner, another Republican commissioner who is no longer on the board, had objected to bringing forward resolutions that were not focused on Washtenaw County issues. They wanted the ability to abstain from voting on such resolutions.

Conan Smith (D-District 9).

At the Jan. 2, 2013 meeting, Conan Smith (D-District 9) proposed an amendment to delete the rule that allowed commissioners to abstain. After an extended silence, no other commissioner seconded the motion and Rabhi, the new board chair, declared the motion dead for lack of a second.

Rabhi then asked for any other comments on the rules and regulations. At this point, Rolland Sizemore Jr. (D-District 5) asked if the board had changed the rule regarding a commissioner’s obligation to vote. Rabhi noted that Conan Smith had just made a motion about that, but nobody had seconded it. He asked Sizemore whether Sizemore wanted to second the motion.

Sizemore asked Smith to restate his motion. Smith explained that he wanted to delete the section that “allows a commissioner not to vote.” His feeling was that when there’s an issue before the board, “the citizens expect you to say yes or no on something, and you should do that.” The board had an experiment with the abstention process, he said, and “I didn’t like the way it worked out. I think it would be better if we just had to vote.”

Rabhi then allowed Sizemore to second the motion.

Dan Smith spoke next, saying he had hoped this amendment “would go away.” He noted that he had done some research and could find only three times during the past year when he had abstained from voting. The first time was on April 4, 2012 regarding a resolution that asked state legislators to halt any bills that would eliminate the state’s personal property tax. “The resolution made some extremely broad statements in it,” he said. Rather than getting into a lengthy discussion and picking at the wording of the resolution, he said he simply abstained.

The second time was on May 2, 2012, on a resolution that expressed support for the U.S. Clean Air Act. Smith noted that it’s a complex piece of federal legislation that has many different ramifications and impacts. That’s why we send representatives and senators to Washington to sort out those issues, he said. The third time was on Sept. 5, 2012, regarding a resolution urging the city of Ann Arbor to use the proceeds from the sale of city-owned land to support affordable housing. He didn’t feel that it’s the county board’s place to direct another municipality on how to use its proceeds.

He noted that he’d spent more time now explaining his reasons for abstaining than the time he’d taken over the course of the year on these items. He felt the rule should remain unchanged.

Sizemore responded, saying that commissioners represent the residents of this county. They were elected to make a stand, “one way or the other,” he said, regardless of whether the issue was local, state or federal.

Conan Smith said that while he believed the commissioners shouldn’t be abstaining, he agreed with Dan Smith that some of the resolutions aren’t germane to county business and don’t affect the county’s budget or operations. It’s important to be hyper-vigilant about those kinds of things coming before the board, he said, because commissioners often don’t take the time to really understand the complexity of the issues. But when there are issues of direct import to county business, he said – if the state legislature or Congress are considering new laws and rules that could impact county operations – “it is important that commissioners make their stances on these things known.”

As an example, he cited the state’s 2011 legislation regarding domestic partner benefits. Washtenaw County was one of the first in the state to adopt benefits for domestic partners, he said, and it’s been a signature characteristic of the county. “Making sure that there’s an on-the-record stance about issues like that is relevant and important to our constituency.” He said if a resolution is not directly related to county business, he’d be one of the first people to ask the board to table it. But if it does affect the county, commissioners should vote on it, he concluded.

Outcome: The rule allowing a commissioner to abstain from a vote was amended out, on a 5-4 vote. Voting in favor of the deletion were Conan Smith (D-District 9), Kent Martinez-Kratz (D-District 1), Felicia Brabec (D-District 4), Rolland Sizemore Jr. (D-District 5), and Yousef Rabhi (D-District 8).

Revised Board Rules & Regulations: Committee Appointments

A new rule was proposed to be added to the section on board committees:

C. STATUTORY COMMITTEES AND BOARDS:

The Chair of the Board shall appoint and the Board shall confirm all individuals appointed to statutory committees and boards, except as otherwise directed by the laws of the State of Michigan.

Curt Hedger, the county’s corporation counsel, explained that this codifies the practice of the board, although it had not previously been written into the board rules and regulations.

Ronnie Peterson pointed out that although he couldn’t recall a nomination that wasn’t confirmed by the board, he felt the language “shall confirm” was too strong. All commissioners are equally elected, he observed, but this language gives the rest of the board no flexibility. He said it had nothing to do with the current chair, but he did not want to give any board chair a rubber stamp on their nominations.

Hedger recommended altering the phrase to “shall confirm by majority vote,” which was agreeable to Peterson and met with no objections from the rest of the board. There was no vote on this change.

Revised Board Rules & Regulations: Oversight of Chair in Directing County Employees

The section on board procedures includes a rule noting that ”Individual members of the Board of Commissioners do not have the authority to direct the work of County employees; only the Board as a collective body speaks for the County and provides policy direction to the County Administrator and employees.”

Another rule in that section addressed how violations of this rule would be handled. The item was revised to include language that clarifies how a violation by the board chair would be handled [added language in italics]:

Concerns with violations of this rule shall be addressed by the Chair of the Board of Commissioners, unless the alleged violation involves the Chair, in which case the matter will be brought to the attention of the County Administrator who shall work with Board leadership to resolve the issue.

Revised Board Rules & Regulations: Overall Vote

Outcome: The vote on approval of the overall board rules and regulations, as amended, was unanimous.

Humane Society Contract Update

Conan Smith asked county administrator Verna McDaniel for an update on the county’s contract with the Humane Society of Huron Valley (HSHV).

From left: County administrator Verna McDaniel and Yousef Rabhi (D-District 8). He has not yet ended his fundraiser, which will result in cutting off his long hair to raise money for charity. That’s likely to happen later this month.

McDaniel said she felt the county had reached an agreement with HSHV, which would provide animal control to the county for $550,000 annually over four years. Of that, $460,000 would come from the county’s general fund. The remaining amount would be paid through contracts with other municipalities that have animal control ordinances: the cities of Ann Arbor and Ypsilanti, and the townships of Pittsfield, Superior and Ypsilanti. McDaniel said she’s already had discussions with those entities, as well as with the city of Saline. No formal contracts have yet been finalized, however.

McDaniel reported that she had been interviewed earlier in the day on this topic by Lucy Ann Lance on Lance’s radio talk show, which airs on WLBY AM-1290. [The interview is also available online.]

Curt Hedger, the county’s corporation counsel who has also been working on these negotiations, clarified that there has been no gap in service, even though HSHV’s previous contract with the county expired on Dec. 31. The two parties agreed to extend the current contract with a letter of intent, to serve as a stopgap until a new contract is finalized. That gave them more time to draft “a more meaty contract that will make sure we cover all the nuances,” he said.

Conan Smith thanked McDaniel and Hedger for handling the negotiations. He noted that last year, the board had discussed several options for raising revenues related to animal control. Saying he didn’t want to let up on pursuing those options, he asked Andy LaBarre, as the new chair of the working sessions, to consider adding those to future agendas. One option relates to civil infractions – setting up fines for residents who don’t buy licenses for their animals.

Felicia Brabec asked what would happen if other municipalities pay more, and the total amount is greater than $550,000 – would those extra revenues go to the county, or to HSHV? The Humane Society would get those extra revenues, McDaniel said.

Rolland Sizemore Jr. expressed some concern. He didn’t understand why additional money would be given to HSHV. Previously, he said, the board had been told that $500,000 was the amount that would be paid to HSHV – now it’s $550,000 over four years.

McDaniel noted that the county is obligated for no more than $500,000 – that’s all the county would pay, even if there were no other available revenues from other sources. That’s the amount that commissioners authorized the county to spend, in a vote taken at the board’s Nov. 7, 2012 meeting. McDaniel also said the county didn’t give up the revenues it might receive from a civil infractions ordinance.

The civil infractions ordinance was also approved by the board at the Nov. 7 meeting. It gives the county more flexibility to designate violations of other county ordinances as a civil infraction, rather than a criminal misdemeanor. [.pdf of ordinance] In the context of animal control, enforcement of the county’s dog licensing ordinance is low because the current penalty – a criminal misdemeanor of 90 days in jail or a $500 fine – is relatively harsh. The idea is that enforcement would improve if a lesser civil infraction could be used.

Sizemore said that his concern over a four-year contract is that the county will be negotiating a new contract with the unions that represent county employees. [Current union contracts end on Dec. 31, 2013.] His implication was that union negotiations would be more difficult if so much is being paid to HSHV.

McDaniel reported that the HSHV contract will include an out clause, allowing either the county or HSHV to get out of the contract after the first year.

Ronnie Peterson, whose district covers the Ypsilanti area, said he hoped that the contracts with other municipalities hadn’t been set in stone, and that the agreements would be brought to commissioners for review. Many of these communities are struggling financially, he noted, and now they would be faced with an additional burden. He hoped that the discussion about payments to HSHV would include all the communities in the county, not just those that had been mentioned.

The contentious debate about how to pay for mandated and non-mandated animal control services has been going on since 2011. For background in addition to the extended board discussion on Nov. 7, 2012, see Chronicle coverage: “Task Force: Negotiate with Humane Society,” ”Next Steps on Animal Control Policy,” “Work Continues on Animal Control Policy,” and ”Revenue Options Eyed for Animal Control.” More information related to this process is also posted on the county’s website.

Outcome: This was not a voting item.

Special Working Session on “Right to Work” Law

As newly elected chair of the board’s working sessions, Andy LaBarre proposed holding a special working session on Thursday, Jan. 3 to discuss how “right to work” legislation will affect the county. The legislation was passed by the lame duck state legislature and signed into law by Gov. Rick Snyder in mid-December.

Peggy Rabhi, the mother of commissioner Yousef Rabhi, talks with commissioner Andy LaBarre, who is holding his son Declan prior to the start of the county board’s Jan. 2 meeting.

In an email sent to commissioners and commissioners-elect on Dec. 30, Yousef Rabhi – who was elected board chair earlier at the Jan. 2 meeting – announced the intent to call a special session: “Second, there is a group of Commissioners (myself included) that wish to call a Special Working Session on January 3rd at 6:00 p.m. Technically, this could have been done last year as there was more than 1/3 of the Board that desired to call the meeting. However, Curt [Hedger, the county's corporation counsel] advised that it would be best to call the meeting from the floor of the BOC meeting. The meeting would be for the purpose of discussing the implications of the ‘Right to Work’ legislation on the County.”

The state law – supported by the Republican-controlled House and Senate and the Republican governor – made it illegal to require employees to financially support unions as a condition of their employment. It’s viewed by Democrats as a way to undercut support for labor organizations that have historically backed the Democratic Party. The legislation, which will take effect in March of 2013, received national attention. It followed a failed ballot initiative by labor to protect collective bargaining rights in the state Constitution. That effort – Proposal 12-2 – was not supported by a majority of voters in the Nov. 6 election. [links to Public Act 348 of 2012 and Public Act 349 of 2012]

The majority of the county government’s 1,321 employees are represented by labor unions. All but two of the nine county commissioners are Democrats. The Republican commissioners are Dan Smith (District 2) and Alicia Ping (District 3). During the Jan. 2 meeting, both Smith and Ping told their fellow commissioners that they were interested in focusing on how the county might be affected, both in terms of the county government employees as well as the impact on the local economy. However, both also indicated that they did not want the board to advocate for the repeal of the legislation – Ping characterized such an effort as “a big waste of time.”

LaBarre, an Ann Arbor Democrat, said the session was intended to be broad based, but could include a discussion about how the board would like to voice the sentiment of the county on this legislation.

Outcome: The board unanimously voted to hold a special working session on Jan. 3 to discuss the impact of right-to-work legislation.

The working session will be covered in a separate Chronicle report.

Resolutions of Appreciation

Alicia Ping, a former Saline city councilmember who represents District 3, brought forward two resolutions of appreciation for Saline officials: (1) Gretchen Driskell, who had served as Saline mayor for 14 years, and (2) Allan Grossman, who recently retired as Saline’s city attorney after 52 years of service. [.pdf of Driskell resolution] [.pdf of Grossman resolution]

Driskell, a Democrat, was elected on Nov. 6 to the state House of Representatives in District 52, defeating incumbent Republican Mark Ouimet, a former Washtenaw County commissioner. Ping is also a Republican.

Neither Driskell nor Grossman attended the Jan. 2 meeting.

Outcome: Without discussion, both resolutions of appreciation were passed unanimously.

Present: Felicia Brabec, Andy LaBarre, Kent Martinez-Kratz, Ronnie Peterson, Alicia Ping, Yousef Rabhi, Rolland Sizemore Jr., Conan Smith, Dan Smith.

Next regular board meeting: Wednesday, Jan. 16, 2013 at 6:30 p.m. at the county administration building, 220 N. Main St. in Ann Arbor. The ways & means committee meets first, followed immediately by the regular board meeting. [Check Chronicle event listings to confirm date.] (Though the agenda states that the regular board meeting begins at 6:45 p.m., it usually starts much later – times vary depending on what’s on the agenda.) Public commentary is held at the beginning of each meeting, and no advance sign-up is required.

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This is a standard agenda item for the first meeting of the year. The major change, on a 5-4 vote, was to remove the ability of a commissioner to abstain from a vote. The deleted sentence in the board rules – which had been added in February 2012 – was this: “Commissioners may abstain from voting on resolutions that express support or opposition and otherwise take no action.” The amendment to strike the rule was put forward by Conan Smith (D-District 9). Voting in favor of the deletion were Conan Smith, Kent Martinez-Kratz (D-District 1), Felicia Brabec (D-District 4), Rolland Sizemore Jr. (D-District 5), and Yousef Rabhi (D-District 8).

The motion was initially declared dead by newly elected board chair Yousef Rabhi, for lack of a seconding motion – when after extended silence no commissioner was willing to support Conan Smith’s proposed change. When Sizemore became alert to the intent of the change, and expressed a desire to see the rule change implemented, Rabhi allowed Sizemore to second Smith’s motion.

The question of abstaining from votes has related primarily to resolutions on state or federal issues, over which the county board has no control. A year ago, Republican Dan Smith successfully convinced a majority of commissioners to add to the board rules the ability to abstain. Smith’s proposal occurred in the wake of the board’s final meeting in December 2011, when Yousef Rabhi – a Democrat from Ann Arbor – brought forward a resolution urging state lawmakers to reject HB 4770, HB 4771 and “any legislation that codifies discrimination.”

The state legislation, which was later signed by Gov. Rick Snyder, removed the ability to extend benefits to same-sex partners. During deliberations on that resolution, Smith and Rob Turner, another Republican commissioner who is no longer on the board, had objected to bringing forward resolutions that were not focused on Washtenaw County issues. They wanted the ability to abstain from voting on such resolutions.

This year, the county board might already be moving to weigh in on a state-level issue. The board has called a special working session for Jan. 3 to discuss the state’s new “right to work” law, which was passed during the legislature’s lame duck session late last year.

The Jan. 2 vote on approval of the overall board rules and regulations, as amended, was unanimous.

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

Mark Heusel, vice president of the board for the Humane Society of Huron Valley, with his daughter at the Feb. 15 Washtenaw County board of commissioners meeting. (Photos by the writer.)

After months of uncertainty and sometimes heated negotiations, the county approved an agreement with the Humane Society of Huron Valley through 2012, along with a strategy for a longer-term solution to the county’s animal control services.

A work group, led by the sheriff, is now tasked with determining the cost of animal control services. The work group will involve other jurisdictions in the county that have animal control ordinances – like the city of Ann Arbor and Ypsilanti Township – but do not currently make financial contributions to the county’s animal control services. The group will present a report to the board by Sept. 15 that recommends a final cost methodology and budget for 2013, based on an agreed-upon scope of services.

In an amendment to the resolution that was proposed from the floor, the board also created a separate task force to develop an animal control policy for the county. The policy will be used to guide the scope of services for a request-for-proposals (RFP). Meetings of the task force will be open to the public and to any commissioner who wants to participate. The task force will submit a preliminary report to the board by May 15, with a final report due by Oct. 15.

Following a lengthy discussion later in the meeting, the board also gave initial approval to an administrative restructuring proposal that included a net reduction of four positions, an estimated annual savings of $326,422, and creation of a new “cross-lateral” team of four current senior managers. The issue of pay increases – given as a result job reclassifications – prompted debate about whether the county’s current policy treats employees equitably at the low end of the pay scale.

Commissioner Ronnie Peterson voted against the restructuring. He objected to the 4% increase that will be given to the cross-lateral team, saying the raises aren’t justified in light of concessions that union employees gave in the most recent round of contract negotiations. A final vote on the proposal is expected at the board’s March 7 meeting.

In other board action, commissioners approved allocating $200,000 to the Ann Arbor and Ypsilanti convention and visitors bureaus (CVBs) as part of funding for a Pure Michigan campaign focused on the Ann Arbor area. The funding comes out of revenues from the county’s accommodations tax. The Michigan Economic Development Corp. (MEDC) is developing a Pure Michigan pilot program, entitled “Sense of Place,” to combine support for tourism and economic development. The Ann Arbor/Washtenaw County area has been chosen as the first region to be featured as a partner in this program, which will include a $1 million national TV ad campaign.

The board approved several other items during the Feb. 15 meeting, including: (1) labor agreements with the final four of 17 bargaining units representing county employees; (2) a change in board rules allowing commissioners to abstain from voting; and (3) a Whitmore Lake improvement project.

Animal Control Services

At its Feb. 15 meeting, commissioners were asked to approve a $415,000 contract with the Humane Society of Huron Valley that will provide animal control services for the county just through Dec. 31, 2012. The county’s previous contract with HSHV, for $500,000 annually, expired on Dec. 31, 2011. Since then, the two entities have been operating under a $29,000 month-by-month contract.

County officials said the new contract would provide time for ongoing talks to develop a longer-term solution to animal control services in Washtenaw County, including services that are mandated by the state. During the rest of 2012, the county will work with HSHV and other stakeholders to determine the cost of an “animal service unit” – that is, the itemized per-animal cost of providing animal control services. The county eventually will issue a request for proposals (RFP) to solicit bids for the next contract.

The budget approved by the county board for 2012 cut funding for animal control services to $250,000, although during last year’s budget deliberations commissioners also discussed the possibility of paying an additional $180,000 to HSHV – if the nonprofit took over work previously done by the county’s animal control officers. That brought the total amount budgeted for animal control to $430,000 in 2012. HSHV officials have said that even $500,000 wasn’t sufficient to cover costs for all the work they do.

The new $415,000 contract does not include the $180,000 that the county has budgeted for its own animal control officers. Instead, the county plans to allocate an additional $165,000 from its general fund balance, to be added to the previously budgeted $250,000 for animal control services in 2012.

Animal Control Services: Public Commentary

Mark Heusel, vice president of the board for the Humane Society of Huron Valley, said he wanted to communicate the HSHV board’s support for the resolution that the commissioners would be voting on. He noted that he had spoken to the board last fall, when the differences between the two entities had seemed very significant. [See Chronicle coverage: "Animal Issue Dominates County Budget Talks"]

The message then, Heusel said, was confidence that the county and HSHV could come together for the benefit of residents. With hard work and perhaps a little hand-wringing on both sides, he said, they’ve reached an agreement that can serve as a stepping stone for a new relationship. Heusel described the agreement as one that’s forward-thinking and based on mutual respect. He thanked the county administration, sheriff Jerry Clayton, and county board chair Conan Smith for their work, as well as commissioners who supported HSHV or kept an open mind during negotiations.

Heusel said he was confident they could strike a relationship that’s long-lasting and that moves beyond 2012. He urged support for the resolution that commissioners were considering that night, then joked that if his appeal didn’t work, he’d brought his young daughter to the meeting and she might be more persuasive.

Animal Control Services: Board Discussion

Conan Smith kicked off the discussion by thanking Heusel and other HSHV representatives for their help in crafting the contract language. He also thanked commissioners for their input, saying they’d had some good conversations over the last few weeks, and thanked county administrator Verna McDaniel, sheriff Jerry Clayton, and Stefani Carter, who’s filling in as corporation counsel while Curtis Hedger is on medical leave. Smith said he was glad to have the rest of the year to investigate the public policy side of the issue.

Animal Control Services: Board Discussion – Amendment

Leah Gunn then proposed an amendment to the resolution, saying it had nothing to do with the contract. Rather, she said, the amendment focused on the “internal machinations” of the county and how they’ll handle the process of developing a policy and RFP for future years.

The original resolution called for the creation of an animal services steering committee, led by the sheriff with members including the county administrator, four members of the board of commissioners, the county prosecutor and the county treasurer. That committee would have recommended a final cost methodology and animal control services budget for 2013, based on an agreed-upon scope of services.

Instead, Gunn’s amendment specifies a sheriff’s work group to determine cost, and a separate task force to develop an animal control policy [deletions in strike-through, additions in italics]:

BE IT FURTHER RESOLVED that the Washtenaw County Board of Commissioners authorizes the Office of the Sheriff to develop a methodology to determine the cost of an Animal Service Unit (ASU) on behalf of the County. The Sheriff may choose the members of his work group, with the understanding that the Board of Commissioners will appoint Commissioner Rob Turner to act as a liaison. The work group’s report is due no later than September 15, 2012.

BE IT FURTHER RESOLVED that the Washtenaw County Board of Commissioners hereby establishes an Animal Services Steering Committee (ASSC) for the purpose of reviewing the findings of the Sheriff’s process and recommending a final cost methodology and animal control services budget for 2013 to the Board of Commissioners and establishes the membership of the ASSC as the County Administrator or her designee, four members of the Board of Commissioners, the County Sheriff or his designee, the County Prosecutor or his designee and the County Treasurer or her designee.  a Task Force on Animal Control Policy. This group will exist solely for the purpose of developing an animal control policy for the county. This policy will be reflected in the RFP for a scope of services that the county will purchase. Meetings will be posted. Membership is open to any Commissioner who wishes to attend, and the report will be submitted by May 15th. Once the data from the Sheriff’s work group is published, the RFP will go out forthwith.

Ronnie Peterson wanted clarification between the original resolution and the proposed amendment. He also expressed frustration about the time it’s taken to resolve the process.

Yousef Rabhi explained that the amended resolution would create two separate entities and processes. The sheriff’s work group would focus on identifying the cost of animal services, and would make a recommendation on that. Rob Turner would be a liaison, and report back to the board about the group’s work.

The second entity – the task force on animal control policy – would look at broad issues for setting policy as the county looks toward 2013 and beyond. Rabhi said he’s in favor of separating the two groups because the sheriff’s work group is objective – collecting and analyzing data – while the policy task force will be more subjective. The policy task force will submit a report to the board of commissioners that will be reviewed at a working session before being adopted, Rabhi said.

Noting that politics is the art of compromise, Gunn said this was a good compromise. She noted that the date of Sept. 15 was set at the sheriff’s request – she had originally set it earlier in the year, but moved it back because the sheriff felt it would take longer to collect the data. That’s a fair request, she added, especially since this is a task that the board is imposing on him. Gunn observed that the board of commissioners isn’t a fact-finding entity – it’s a policy-making board. That’s why she proposed the separate policy task force. And by posting the meetings in compliance with the Michigan Open Meetings Act, they don’t need to worry about how many commissioners attend, she said.

Conan Smith said it makes sense to shift the work of determining cost to the sheriff, while creating a separate policy task force. It’s a staff function to collect and analyze data, he said, and the work is in the sheriff’s purview. The findings of that group will come back to the board and guide its budget deliberations, he said.

Regarding the policy task force, its scope should include broader issues that go beyond developing the RFP, Smith said – issues like finding additional revenue sources.

Animal Control Services: Board Discussion – Amendment (Timeline)

Conan Smith was concerned about the proposed May 15 deadline for the policy report. The policy should be informed by the data that the sheriff’s work group will be analyzing, he said, but the work group’s report won’t be done until Sept. 15, according to the proposed timeline. Smith didn’t feel the policy task force could develop an RFP without having a strong sense of the costs for animal control services. So his recommendation would be to have the policy task force report due on Oct. 15 instead – a month later than the sheriff’s work group report.

Smith also observed that without appointed leadership on the task force, he thinks that entity will struggle.

Gunn said she’d accepted the Oct. 15 date as a friendly amendment. But Barbara Bergman expressed concern about pushing back the date, saying she wouldn’t support it. She felt the policy should be determined earlier in the year.

Felicia Brabec asked for a description of the typical RFP timeline. Kelly Belknap, the county’s finance director, said the entire process – including issuing the RFP, soliciting responses, analyzing those responses, and developing a contract – can take two to three months. She noted that a new contract would need to be in place by Jan. 1, 2013.

From left: Washtenaw County sheriff Jerry Clayton, and county commissioners Dan Smith and Barbara Bergman.

Dan Smith said he’d just looked at the board’s meeting scheduled for the remainder of the year. Commissioners have only one meeting in November and one in December, he noted. Their second meeting in October is Oct. 17 – only two days after the proposed Oct. 15 task force report would be due. The board needs to keep these constraints in mind, he said, so that they don’t end up in the same position they are now. He’d rather see them set dates earlier in the year.

Peterson then spoke at length about his frustrations with the project, saying he didn’t understand why the process took so long. He indicated that the board is responsible for making spending decisions, and commissioners should be involved in that. He wondered why the board was able to eliminate Head Start and cut funding for nonprofits in one night, but needed so long to deal with animal control issues. [As part of the 2012-2013 budget process, the board did vote to relinquish its involvement in Head Start. And commissioners also initially reduced funding to human services nonprofits, though that funding was subsequently restored. However, discussions on both of those issues took place at public meetings over a period of several months last year.]

The county has a strong partnership with HSHV, Peterson said, and holds the debt for the society’s new facility. The public wants this issue wrapped up tonight, he said, and he hoped the board would move aggressively.

Peterson also expressed surprise that a resolution of this kind would explicitly name a commissioner – Turner – for a particular role, but said he supported the idea of commissioners being involved.

Conan Smith said the reason he’s suggesting a longer timeline is out of respect for the time commitment required by stakeholders, including HSHV staff and board members, and other local jurisdictions that will be involved in the policy discussion and data collection. It’s not just the county staff and commissioners who’ll be working on this, he noted. The sheriff’s work group will need several months to collect sufficient data that can provide a fair analysis of cost. It doesn’t have to be complex, Smith said, but it does take time.

Rabhi pointed to a central question: Should the cost of animal control inform the county’s policy? Or should the policy be developed independently of cost? He said he doesn’t envision that the policy task force would dissolve after they issue a report on May 15, but it’s important to have a report earlier than October.

Rabhi then proposed keeping the May 15 deadline for the policy task force report, adding that they could issue a second report in mid-October.

Gunn proposed withdrawing the friendly amendment that would have pushed the deadline for the task force report from May 15 to Oct. 15. She moved to substitute this Resolved clause instead [changes from the original amendment in italics]:

BE IT FURTHER RESOLVED that the Washtenaw County Board of Commissioners hereby establishes a Task Force on Animal Control Policy. This group will exist solely for the purpose of developing an animal control policy for the county. This policy will be reflected in the RFP for a scope of services that the county will purchase. Meetings will be posted. Membership is open to any Commissioner who wishes to attend, and a preliminary report will be submitted by May 15th. Once the data from the Sheriff’s work group is published, the RFP will go out forthwith, and the final report of the task force will be published by Oct. 15.

Rob Turner expressed support for this amendment, saying it would put fire behind the effort and keep the task force focused on the work it needs to do.

Gunn then called the question on the amendment – a move aimed at ending discussion and forcing a vote. There was a fair amount of confusion about procedural issues at this point, but the board ultimately voted to call the question. They then took a vote on the amendment to the amendment.

Outcome: The board unanimously approved Gunn’s amendment to her original amendment, characterizing the May 15 task force report as preliminary, with a final report due by Oct. 15.

Conan Smith indicated he was still leery of the May 15 deadline, even for a preliminary report. For example, how the county funds cat-specific animal control issues is a substantive policy question, he said. [The county has contended that the state mandate for animal control does not apply to cats.] Until the county has data on the cost of providing animal control services for cats, commissioners might not be able to make a well-informed policy decision, he said.

Bergman said that many questions – like the county’s mission, mandate and types of services they want to spend money on – could be answered by May 15. It’s just a preliminary report, she said.

Outcome on amendment: Commissioners unanimously approved Gunn’s amended amendment.

Animal Control Services: Final Board Discussion

Saying he’d support the resolution, Dan Smith added that he was concerned because this is the second time the county recently has dipped into its fund balance. The first time was in December, when the board voted to take $257,076 from the county’s general fund balance to restore funding it had previously cut to human services nonprofits in the 2012 and 2013 budget.

Smith noted that the county faces a projected deficit in its next two-year budget cycle – for 2014 and 2015 – and that’s troubling. He said he’s very interested in the data that will be collected to determine the cost of animal control services. He had supported the county administrator’s original proposal to cut HSHV funding to $250,000 annually because of historical payments the county had made – $214,119 in 2006, and $300,000 in 2007 and again in 2008. He said he’d be interested to see if the data regarding costs is closer to those amounts, or is vastly different.

HSHV has always been the preferred provider, Smith said, but the county is facing extreme financial constraints, and that factor should be at the forefront. He said he’s not entirely pleased with how this process has unfolded, but he’s glad to see a plan in place.

Rolland Sizemore Jr. noted that another item on the board’s agenda that night – an initial vote to approve restructuring in the administration – indicated that the restructuring would result in annual savings of $326,000. He suggested using funds from those savings to pay the extra $165,000 for the 2012 contract with HSHV. He did not make a formal amendment to that effect, however.

Outcome: The resolution authorizing a new contract with the Humane Society of Huron Valley and creating a work group and policy task force were unanimously approved by the board, as part of the consent agenda.

Administrative Restructuring

A restructuring of support services in administration, finance, information technology and facilities management was on the agenda for the Feb. 15 meeting. The changes are estimated to save the county $326,422 annually, and result in the net reduction of four full-time jobs – positions that are currently vacant.

The changes include creating a new “cross-lateral” team of four current senior managers: Kelly Belknap, director of finance; Greg Dill, infrastructure management director; Curtis Hedger, corporation counsel; and Diane Heidt, director of human services and labor relations. The proposal also calls for putting two positions – including the job of deputy county administrator – on “hold vacant” status. Another 11 positions will be eliminated, while nine jobs will be created. A total of seven jobs will be reclassified, and will receive a 4% salary increase. [.pdf of staff memo, resolution and job descriptions]

The four cross-lateral positions are among those getting a 4% raise, capped at $126,099. Because of the cap, Heidt’s current salary of $126,098 will remain unchanged. The salaries of the other three managers will increase from $116,758 to $121,437.

The board had been briefed about this proposal by county administrator Verna McDaniel at its Feb. 2, 2012 working session. At that meeting, McDaniel also outlined plans to seek broader restructuring of the county operations, in the wake of more than 100 county employees retiring at the end of 2011.

Administrative Restructuring: Board Discussion

Felicia Brabec noted that some staff and constituents had raised concerns over salary increases that are part of the restructuring, and she asked McDaniel to comment on that.

McDaniel said she was aware of the concerns, but she noted that these are job reclassifications, with increases set at 4% – they aren’t moving to new pay grades. McDaniel told commissioners that she’s following their directive to restructure in the wake of 117 retirements at the end of 2011, including nine retirements in administrative services.

McDaniel said she’s very sensitive to the sacrifices that employees have made, and she did take into account the county’s financial situation. [To overcome a projected two-year deficit of $17.5 million in 2012-2013, the county administration had secured wage and benefit concessions from unions representing about 80% of the county's 1,360 employees.]

McDaniel reminded commissioners that the estimated structural savings from her proposal is $326,422. It will help the fund balance, she said, and shows that the administration is practicing what they’re preaching as they ask other departments to restructure in the coming months.

McDaniel contended that this move means that Washtenaw County is taking the lead among Michigan’s 83 county governments. She promised to return in six months with a report to the board about the impact of the restructuring, both its successes and pitfalls. She also passed out additional information in a handout – which she said she’d share with union leaders – that outlined responsibilities of the cross-lateral team in more detail.

At right, Diane Heidt, the county's director of human services and labor relations, talks with Kelly Belknap, director of finance. If restructuring is given final approval in March, the two administrators will be part of a four-member cross-lateral administrative team, splitting responsibilities formerly held by the deputy county administrator.

Each member of the cross-lateral team will oversee specific areas of the organization. Hedger will handle administration and support services. Belknap will be responsible for civic infrastructure. Dill will manage public safety and justice, as well as land use and environment areas, while Heidt will be in charge of health and human services, and community and economic development. They’ll meet with McDaniel once a week, with the goal of improving communications, providing additional resources for commissioners and other elected officials, and creating a “deep bench” of leadership.

Wes Prater said it’s hard to swallow change, but it’s necessary. He said he’d prefer to keep the deputy administrator position rather than the cross-lateral team, but he would yield to McDaniel and see how things work out. Prater also said there needs to be close scrutiny of the finance staff. The restructuring will decrease the number of accounts payable jobs from three to two, he noted, and the rationale given is that the change allows for better alignment of day-to-day finance operations with the rest of the organization. It makes you wonder what was happening before now, he said. Prater said he hopes it works.

Ronnie Peterson noted that two positions – the deputy county administrator, and a maintenance technician – are on “hold vacant” status, but not eliminated. They could be filled in the future. Those positions have a maximum salary of $144,000 and $52,000 respectively, he said, and if the positions are filled, that would wipe out about $200,000 of the projected $326,000 annual savings.

Saying he respects the individuals involved in this restructuring, Peterson expressed concern about the raises. The argument is that salaries are increasing because of increased responsibilities, he noted. But most people in the workforce are seeing increased responsibilities without a bump in wages. He said he believes in leading by example – if he takes his nieces and nephews to Dairy Queen, he doesn’t buy himself a bigger ice cream cone than theirs. That’s what you do as a team, he said.

Peterson noted that someone who was attending the meeting that night, a long-time county employee who he said he didn’t want to embarrass by naming, took a significant pay cut in order to keep her job. Knowing that, he said, it would be difficult for him to vote for this restructuring. The county is facing a projected deficit in 2014-2015, Peterson added, and he doesn’t know how they’ll be able to ask employees to make concessions again in two years when the union contracts are negotiated. It’s troubling to him, and his vote on this resolution would be no. His remarks received applause from a handful of employees in the audience.

Dan Smith said he also had some concerns about the raises, which he said he’d shared with the administration. That said, he added that he supports McDaniel. The board has hired her to handle day-to-day operations, and if she feels this is the best way to move forward, Smith said, he’ll support that. If the board wants to take a more active role, that’s their prerogative. But for now, she’s operating under the guidelines they’ve given her, Smith concluded.

Yousef Rabhi noted that when this proposal was initially floated, the plan had called for each cross-lateral team member to receive a $15,000 stipend. Now, the proposal was for a 4% raise. He asked for an explanation about how that 4% figure had been set. [A similar restructuring proposal had initially appeared on the Sept. 21, 2011 agenda, but McDaniel withdrew it before that meeting after several commissioners objected to the $15,000 stipend for the cross-lateral team.]

At McDaniel’s request, Heidt responded to the question. The county has policies and procedures in place regarding job changes – these are part of the union contracts, too, and relate to pay increases for temporary assignments, permanent reclassifications and other changes. If a job is reclassified, the salary increases by 4%. If someone is promoted, they’ll generally receive an 8% increase, she said. Temporary assignments – adding responsibilities on top of an existing job – also get an 8% increase. Lateral moves are generally kept at the same salary. These apply to union positions too, she said.

Rabhi clarified with Heidt that when any position is reclassified, it’s handled in the same way. Absolutely, Heidt said.

Conan Smith said he wanted to present a different perspective that he hoped might change Peterson’s mind. Every point that Peterson made is valid, Smith said. But equally important is the consistent application of good, fair policies. The board has operated with a set of policies with regard to job changes that help keep the peace, Smith said, to ensure that people are treated fairly. But there are some employees who are asked to take on more work, yet don’t get higher wages because their jobs aren’t officially reclassified. There’s a set of employees at the lower end of the pay scale who need a different set of protections and policies. But those protections and policies aren’t in place now, he said.

Until that issue is addressed, however, the county needs to implement its current policies, Smith continued. Changing horses midstream isn’t right. The board needs to have a robust policy conversation that they haven’t had to date, he said.

Peterson replied that he had raised the policy question months ago, when the administrative restructuring had first been proposed. He said restructuring happens for a reason – some people are “weeded in,” while others are “weeded out” – and he’s seen it happen over the years. Peterson also observed that it’s different if you’re talking about someone making $40,000 or $50,000 a year, compared to someone making over $100,000. The county must find a way to make a policy that’s more inclusive of all employees, he said. That responsibility rests with the board, he added, not the administration.

Conan Smith, appearing a bit frustrated, noted that the board approves job reclassifications regularly throughout the year. There were six reclassifications as part of the 2012-2013 budget that was passed by the board late last year, he said. It’s standard operating procedure, and the 4% increase is part of that – it’s consistently applied to all reclassifications. All of those reclassifications come to the board for approval, he observed, so it’s commissioners who are making these decisions.

Felicia Brabec asked whether it was possible to have a pay decrease following a reclassification. No, McDaniel said. If your job is reclassified, you get a 4% pay increase because a reclassification is an upgrade – that’s a policy that applies to any job. If you receive a involuntary demotion, she said, your pay remains the same. If you take a voluntary demotion, your pay decreases. If you are promoted, you receive an 8% increase. The county doesn’t have divisive policies, McDaniel said. These salary practices are part of union contracts and apply to non-union employees as well.

Is there any other situation that might result in a pay cut? Brabec asked. If you’re fired, McDaniel quipped. Or if there are concessions made as part of union contract negotiations. In response to a query from Barbara Bergman, McDaniel reiterated that temporary assignments get an 8% bump – for example, if you’re asked to take over the responsibilities of your boss for a limited time. You would return to your original salary when your temporary assignment ended.

Peterson said he hadn’t planned on this being a long conversation, but felt it was important to discuss these concerns. This has been the worst economic period in the county since the Depression, he said. Peterson contended that changes tend to affect minorities and women – who are often heads of households – more than others. The board shouldn’t balance the budget on the backs of county employees, he said.

Conan Smith said his understanding of Peterson’s position is that the county has a policy that creates equality, but not necessarily equity. At the top of the wage scale, concessions don’t hurt as much, compared to an employee who’s making far less. It’s a complicated issue, Smith said, and one he’d like to tackle collaboratively with labor leaders.

Rob Turner asked McDaniel what metrics she would use to measure the performance of the cross-lateral team. McDaniel cited better communications, work on broader organizational restructuring, improved customer service and program improvements as areas that she’ll be measuring. How will those areas be measured? Turner asked. One way is through cost savings, McDaniel said. But it’s not just about money, she added. It’s also about customer service and program improvements. She said she’d provide more details on that as they move forward.

Outcome: Commissioners voted to give initial approval for the proposed administrative restructuring, with dissent from Ronnie Peterson. A final vote is expected at the board’s March 7 meeting.

Pure Michigan Campaign

As part of funding for a Pure Michigan campaign focused on the Ann Arbor area, commissioners were asked to allocate $200,000 to the Ann Arbor and Ypsilanti convention and visitors bureaus (CVBs), out of revenues from the county’s accommodations tax.

The Michigan Economic Development Corp. (MEDC) is developing a Pure Michigan pilot program, entitled “Sense of Place,” to combine support for tourism and economic development. The Ann Arbor/Washtenaw County area has been chosen as the first region to be featured as a partner in this program.

The campaign will feature a $1 million national TV ad campaign. Ann Arbor SPARK, the local economic development agency, is contributing $70,000 toward the campaign, with $200,000 coming from the county, $230,000 from the two local CVBs, and $500,000 from the MEDC. Other elements of the pilot program might include an episode of HGTV’s “House Hunters” program that would focus on the Ann Arbor area, and a national digital ad campaign directing people to Ann Arbor SPARK’s website.

The $200,000 from the county will be paid from the accommodations ordinance administrative fund – an early payment that the county otherwise anticipated making in May of 2013. More than $350,000 is currently in that administrative fund, according to the county.

At the board’s Sept. 21, 2011 meeting, commissioners had voted to amend the contract for the distribution of the county’s accommodations tax. The county collects a 5% excise tax from hotels, motels, and bed & breakfasts, which is then distributed to the Ann Arbor and Ypsilanti convention & visitors bureaus and used to promote tourism and convention business. The contract calls for the county to retain 10% of that tax to defray the cost of collection and enforcement. (Until 2009, the county had only retained 5% for this purpose.) The remaining funds are split, with 75% going to the Ann Arbor Convention & Visitors Bureau, and 25% going to the Ypsilanti Convention & Visitors Bureau.

The contract amendment made in September 2011 addressed the process for distributing excess funds that might accumulate from the county’s 10%, if that amount exceeds the expenses required to administer and enforce compliance with the tax. Beginning in May 2013, the county will continue to retain 10% of the tax proceeds, plus 10% of any remaining fund balance. If additional funds accumulate in the fund balance, they are to be returned proportionally to the two convention & visitors bureaus – 75% to Ann Arbor, and 25% to Ypsilanti.

Several representatives from the groups involved in this campaign attended the Feb. 15 county board meeting: Mary Kerr, president of the Ann Arbor CVB; Debbie Locke-Daniel, executive director of the Ypsilanti CVB; Elizabeth Parkinson, MEDC senior vice president of marketing and communications; and Donna Doleman, Ann Arbor SPARK’s vice president of marketing, communications and talent.

The links between the MEDC and Ann Arbor region are strong. Several MEDC executives – including Parkinson and CEO Mike Finney – are former top staff at Ann Arbor SPARK, which Gov. Rick Snyder helped launch several years prior to his election.

Pure Michigan Campaign: Board Discussion

Several commissioners voiced support for the campaign. Ronnie Peterson said he’s hoped for years to see the joint promotion of tourism and economic development. Rolland Sizemore Jr. indicated that it might be possible to use some of these funds as matching funds for Ypsilanti and Ypsilanti Township’s participation in the Detroit Region Aerotropolis.

Barbara Bergman said if the funds were to be used for the aerotropolis, the board should get a report on that project. She said she wasn’t necessarily opposed to it, but thought it should be monitored.

By way of background, as of Feb. 18, a message on the website for the Detroit Region Aerotropolis stated that the site has been disabled. There have been no posts on the entity’s Facebook or Twitter accounts since April of 2011. Responding to a query from The Chronicle, Bryce Kelley of Wayne County EDGE – which is overseeing the project – said the site is being redeveloped, and that work on the aerotropolis is progressing. Washtenaw County joined the aerotropolis consortium in 2009, and received its last public briefing on the project at its April 21, 2010 meeting. It was more recently mentioned in a memo sent to the board in October of 2011 by Paul Tait, executive director for the Southeast Michigan Council of Governments (SEMCOG). Tait cited SEMCOG’s work on the aerotropolis as one justification for why the county should continue paying dues to SEMCOG. The 2012 and 2013 budget approved in November 2011 eliminated the county’s $125,000 annual SEMCOG membership.

Sizemore said he was simply trying to find ways to do things without spending additional money.

Leah Gunn said it had been smart of the accommodations ordinance commission to recommend setting aside funds for administration, but because it’s not needed for other purposes, the money should be used for an opportunity like this. Felicia Brabec expressed enthusiasm for the possibility of this area being featured on HGTV’s “House Hunters” program, saying that when she watches the show, she’s often interested in visiting the locations that are highlighted. [The Ann Arbor area has previously been featured on the show, most recently in 2009.]

Outcome: The board unanimously approved allocating $200,000 to the local convention and visitors bureaus for the Pure Michigan advertising campaign.

Labor Contracts

The county had previously reached labor agreements with all but four of the 17 bargaining units representing county employees. At the board’s Feb. 15 meeting, an agenda item was added during the meeting to enter into executive session for the purpose of discussing labor negotiations. When commissioners emerged, they added to the agenda two resolutions to approve collective bargaining agreements with the four remaining units.

These final four bargaining units represent a total of 36 employees – the prosecuting attorneys, the prosecuting attorney supervisors, attorneys in the public defenders office, and supervisors of attorneys in the public defenders office. In total, the county employs about 1,360 workers, and more than 80% of them are represented by labor unions.

All four agreements considered on Feb. 15 were identical, covering a three-year period from Jan. 1, 2012 through Dec. 31, 2014. Because these deals weren’t struck before the deadline to comply with Section 4 of the state’s Public Act 152 of 2011, also known as the 80/20 rule regarding health care costs, union members will pay 20% of their health care premiums.

There are some significant differences between these four agreements and the 13 other union agreements that were previously reached with the county. The other agreements are for two-year periods, ending Dec. 31, 2013. Medical costs for the other union-represented employees are lower, because those agreements were reached prior to the 80/20 deadline. However, because of a “me too” clause, the overall package of salaries and benefits is on par with other labor agreements, according to Diane Heidt, the county’s human resources and labor relations director. So while medical expenses are higher, the agreements with these four bargaining units do not include items like reductions in longevity pay, for example.

Outcome: Without discussion, the board unanimously approved the four labor agreements.

Board Rule Changes

A resolution that was tabled from the board’s Jan. 4, 2012 meeting was on the agenda for the Feb. 15 meeting.

The resolution, proposed by Dan Smith, changed the board rules to give commissioners the option of abstaining from a vote. His resolution amended the section on board resolutions, adding the following statement: “Members may abstain from voting on any resolution expressing support (or opposition), but otherwise taking no action.” During a brief discussion at the Jan. 4 meeting, some commissioners had objected to the change, and the board had tabled the item until the second meeting in February.

At the Jan. 4 meeting, Smith did not elaborate on his reasons for proposing the change, but the issue was relevant at the board’s final meeting in December 2011. A resolution brought forward at that time by Yousef Rabhi urged state lawmakers to reject HB 4770, HB 4771 and “any legislation that codifies discrimination.” The state legislation, which was later signed by Gov. Rick Snyder, removed the ability of public employers to extend benefits to same-sex partners. During deliberations on that resolution, commissioners Dan Smith and Rob Turner had objected to bringing forward resolutions that were not focused on Washtenaw County issues – both commissioners ultimately voted against Rabhi’s resolution, though it passed with a majority of support from the rest of the board.

Prior to the Feb. 15 meeting, Dan Smith indicated to The Chronicle that he would withdraw the item if any other commissioner pulled it out of the consent agenda to be voted on separately. But that did not occur.

Outcome: Without discussion, the resolution passed, with dissent from Wes Prater.

Whitmore Lake

Commissioners were asked to give final approval to a five-year, $460,000 project to study and improve conditions at Whitmore Lake. The lake is located in Washtenaw County’s Northfield Township and Livingston County’s Green Oak Township. An initial vote on the project had been taken at the board’s Feb. 1 meeting.

The effort – focusing on removal of invasive weeds – is a continuation of a project that began in 2003, and was renewed in 2007. It’s overseen by the county board of public works. The project’s cost will be recovered through special assessments on over 800 parcels near Whitmore Lake.

Outcome: Without discussion, the board voted to give final approval to the Whitmore Lake project.

Communications and Public Commentary

There are various opportunities for communications from commissioners as well as general public commentary.

Communications: Congratulations to Joe Burke

Board chair Conan Smith congratulated Joe Burke on his appointment as judge to the 15th District Court in Ann Arbor. Burke’s appointment by Gov. Rick Snyder had been announced earlier in the day. Burke currently serves as the county’s chief assistant prosecuting attorney. Smith said that while the county is sorry to lose him, Burke will do justice as a member of the judiciary. And now, Smith joked, ”we should go bribe him.”

Communications: Road Commission, Court Renovations, VEBA

Commissioner Rob Turner gave several updates during the time set aside for liaison reports.

Washtenaw County commissioner Rob Turner.

He serves as the board’s liaison to the county road commission, and reported that revenues from the state transportation fund to the commission have increased 1.5%. It’s the first time since 2007 that there hasn’t been a decrease in state funding, he noted.

The mild winter has resulted in lower expenses for plowing and salt – $1.019 million, compared to $1.9 million a year ago. While that might seem like a windfall, Turner said, the flip side is that warmer weather means more potholes. So spending has shifted to road maintenance. Turner also indicated that the road commission is interested in working with townships to upgrade road conditions.

Turner reported that renovations at the downtown courthouse at Huron and Main are in their final phase. He said that usually by this point some surprises emerge – like unanticipated asbestos, for example – but nothing like that has arisen, and the project remains on schedule. The board had received a briefing on the project at their Feb. 2, 2012 working session.

Finally, Turner mentioned that requests for proposals (RFPs) are being developed to hire an actuary for the county’s VEBA (Voluntary Employees Beneficiary Association) retirement fund. They’d need to wait until the actuarial report is complete, Turner said, but he’s concerned about the performance of the VEBA pension funds, which he said are not meeting projections.

Communications: Public Works, Head Start, Transit, Land Preservation

Yousef Rabhi also gave several liaison reports. Reporting from the most recent meeting of the county’s board of public works, Rabhi said that work on the new recycling facility being built the Western Washtenaw Recycling Authority (WWRA) is moving ahead, he said. At its Dec. 7, 2011 meeting, the board had approved issuing up to $2.7 million in bonds – backed by the county’s full faith and credit – to help pay for a $3.2 million facility, which will allow WWRA to handle single-stream recycling for communities on the county’s west side. Rob Turner noted that WWRA revenues increased by more than $400,000 in 2011. He knew that some commissioners were worried about the financial viability of WWRA and its ability to make bond payments, but the situation seemed good, he said.

Rabhi reported that the Head Start policy council is very interested in writing letters of support to federal officials, encouraging the selection of the Washtenaw Intermediate School District as the next grantee for the county’s Head Start program. The county is relinquishing management of the program later this year, after being the grantee for more than four decades.

In his report from the county’s agricultural lands preservation advisory committee (ALPAC), Rabhi said the committee is recommending the purchase of development rights on six parcels of farmland. Because the county can secure federal funding for these PDRs, the local millage dollars will spread further, he said. ALPAC makes recommendations to the county park & recreation commission, which will make the final decision on these applications. A 10-year millage renewal to support the county’s natural areas preservation program (NAPP) was approved by voters in November 2010, and a portion of millage proceeds can be used for farmland PDRs.

Rabhi said he had a great first meeting as chair of the Washtenaw Urban County last month, adding that he had big shoes to fill by following Leah Gunn, who previously served as chair. He noted that five new local jurisdictions have joined the group this year, adding to the previous 11 members. The Urban County is a consortium of local governments that receive federal funding for programs that serve low-income residents and neighborhoods.

Finally, Rabhi reported that he and Barbara Bergman – as board liaisons to Regional Partners Advocating Transit Here (R-PATH) – had attended a hearing in Lansing held by the Michigan senate’s transportation committee. Board chair Conan Smith had testified at the hearing, Rabhi said. Smith did a great job, “other than giving away one of our votes,” Rabhi joked.

The hearing related to a new regional transit authority (RTA) that’s described in legislation currently pending in the state legislature. The legislation would create a four-county region for the RTA that would include Washtenaw, Wayne, Macomb and Oakland counties. [For coverage of the proposed legislation, see "Michigan Regional Transit Bills Unveiled"] The RTA legislation as introduced would give two seats on a 10-member board to Washtenaw County – with two seats for each of the other three counties, one for Detroit, and one non-voting ex-officio appointment made by the governor.

According to a report in the Michigan Information & Research Service (MIRS), Smith told the committee that he would be willing to give up one of those seats: “Washtenaw County Commissioner Conan Smith not only supported the bills, but expressed an openness to support giving up one of Washtenaw County’s appointments on the RTA to Detroit if ‘that’s what it took” to get the bills passed.’”

Smith’s wife, state Sen. Rebekah Warren, is one of the co-sponsors of the RTA legislation.

Public Commentary

Thomas Partridge said he applauded the board for approving the acceptance of a $299,821 federal grant to fund the county’s foster grandparent program, but criticized commissioners for the administrative restructuring because it eliminated jobs. He argued that the county needs to meet the challenge of diminishing resources by putting a Headlee override on the ballot and advocating for tax reforms that will do away with the county’s reliance on property taxes.

Present: Barbara Bergman, Felicia Brabec, Leah Gunn, Ronnie Peterson, Wes Prater, Yousef Rabhi, Rolland Sizemore Jr., Conan Smith, Dan Smith, Rob Turner.

Absent: Alicia Ping.

Next regular board meeting: Wednesday, March 7, 2012 at 6:30 p.m. at the county administration building, 220 N. Main St. in Ann Arbor. The ways & means committee meets first, followed immediately by the regular board meeting. [confirm date] (Though the agenda states that the regular board meeting begins at 6:45 p.m., it usually starts much later – times vary depending on what’s on the agenda.) Public commentary is held at the beginning of each meeting, and no advance sign-up is required.

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The resolution, proposed by Dan Smith, changed the board rules to give commissioners the option of abstaining from a vote. His resolution amended the section on board resolutions, adding the following statement: “Members may abstain from voting on any resolution expressing support (or opposition), but otherwise taking no action.” Some commissioners had objected to the change during a brief discussion at the Jan. 4 meeting, and the board had tabled the item until the second meeting in February.

At the Jan. 4 meeting, Smith did not elaborate on his reasons for proposing the change, but the issue was relevant at the board’s final meeting in December 2011. A resolution brought forward at that time by Yousef Rabhi urged state lawmakers to reject HB 4770, HB 4771 and “any legislation that codifies discrimination.” The state legislation, which was later signed by Gov. Rick Snyder, removed the ability to extend benefits to same-sex partners. During deliberations on that resolution, commissioners Dan Smith and Rob Turner had objected to bringing forward resolutions that were not focused on Washtenaw County issues – both commissioners ultimately voted against Rabhi’s resolution, though it passed with a majority of support from the rest of the board.

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

County commissioner Yousef Rabhi, who was re-elected chair of the working session and successfully lobbied to keep public commentary time unchanged at those sessions. (Photos by the writer.)

Unchanged were the board officers – as is its custom, the board re-elected the same leaders from the previous year. Conan Smith retained his position as board chair, but did not use the meeting to continue the discussion he’d started in December regarding strategic planning for the county. Smith has proposed focusing county efforts on shoring up the county’s east side, an area that he has said is facing a “perfect storm of despair,” including high unemployment, low graduation rates and poor health.

Rather, the main action of the Jan. 4 meeting focused on significant changes regarding public commentary, as part of revisions to the board’s rules and regulations. The majority of commissioners voted to shorten the time available per speaking turn – from five to three minutes – and to eliminate one of two agenda slots for public commentary at its bi-monthly meetings. Commissioners Rolland Sizemore Jr., Ronnie Peterson and Felicia Brabec voted against the changes, but were in the minority.

Yousef Rabhi, who was re-elected chair of the working session, proposed an amendment to keep both public commentary slots in place at the working sessions. His amendment – which was supported unanimously by the board – also kept the five minutes alloted per speaker for public commentary at the working sessions.

An amendment to the rules proposed by Dan Smith was tabled. The change would give commissioners the option of abstaining from a vote. Wes Prater questioned the amendment, arguing that state law requires commissioners to vote on resolutions unless there’s a conflict of interest. It was eventually tabled until the second meeting in February, allowing the county attorney to research the legality of the proposed rule. In a follow-up query from The Chronicle, Smith indicated that he doesn’t intend to pursue the amendment.

Dan Smith was successful in another effort, however – an amendment he proposed to the board’s 2012 calendar. Commissioners voted to change the start time of working sessions to 6 p.m. and add the administrative briefing as the first agenda item. Previously, administrative briefings – held to review the board’s upcoming agenda – were held at 4 p.m. the week prior to a regular board meeting. It had been a difficult time of day for some commissioners, including Smith, to attend.

An issue not addressed at the Jan. 4 meeting was the status of the county’s negotiations with the Humane Society of Huron Valley. After the meeting, deputy county administrator Kelly Belknap told The Chronicle that the county had signed a one-month extension – at $29,000 – for HSHV to continue providing mandated animal control services for the county through January. The county’s previous contract with HSHV expired Dec. 31, and Belknap said negotiations continue to try to reach a longer-term agreement. Belknap said she was optimistic the two sides could reach a resolution, even if it required another temporary extension. Reached by email later in the week, HSHV executive director Tanya Hilgendorf indicated that she shared that optimism.

The Jan. 4 meeting was initially officiated by the Washtenaw County clerk, Larry Kestenbaum, who presided until the election of the board chair. Kestenbaum took the opportunity to give some tips on campaign finance reporting to commissioners and other potential candidates in the upcoming 2012 election. 

County Clerk: Tips for an Election Year

The Washtenaw County clerk – currently Larry Kestenbaum – leads the first meeting of each year for the board of commissioners, before officer elections are held.

Kestenbaum began the Jan. 4 meeting by noting that 2012 is an election year, and that all county commissioners and other county-level elected officials – including himself – would be up for re-election. The county has a fantastic roster of city and township clerks who’ll handle the process, he said, starting with the presidential primary in February.

There’s always tension between campaigning and governance, he said, adding that everyone around the board table had experience with that situation. [The exception would be Felicia Brabec, who was appointed to her seat in District 7 last October after the resignation of Kristin Judge.]

Washtenaw County commissioner Felicia Brabec (D-District 7) talks with county clerk Larry Kestenbaum before the Jan. 4, 2012 county board of commissioners meeting.

For anyone who’s running for office, Kestenbaum said he wanted to underline the importance of paying attention to campaign finance reporting, which is handled locally by his office. For example, he said, if a previous campaign has more than $1,000 in the bank, an annual statement is due at the end of this month.

Kestenbaum also clarified the reporting requirements for late contributions. If $200 or more is contributed to a campaign between the last campaign finance filing and the election, then it must be reported. This is the most frequently sanctioned violation of campaign finance law, he said. The fine accumulates daily, to a maximum of $2,000. Kestenbaum said that in the past, he has used his discretion and sometimes waived the fine. However, he said, he’s been informed that he doesn’t have the authority to do that.

Every time candidates file to run for office, they must sign a statement saying that they’re up to date with their campaign finance filings. If you haven’t reported some contributions, but sign the statement, you’re committing perjury, Kestenbaum said.

His final piece of advice related to a campaign’s treasurer. It’s possible for candidates to serve as treasurer of their own campaigns, “but it’s not a good idea,” Kestenbaum said. He added that he speaks with some experience on this issue, but did not elaborate.

[More information about campaign finance can be found on the county's website or on the state's campaign finance website. All commissioners have active campaign committees, as do several former candidates and candidates who have declared their intent to run in 2012. The latter category includes Democrats Andy Labarre and Christina Montague, who both plan to run for the seat in the new District 7, which covers an area on the east side of Ann Arbor, which is now represented by Democrat Barbara Bergman. Bergman is not seeking re-election.]

Officer Elections

Washtenaw County commissioners are elected to two-year terms, with elections for all 11 districts held in even-numbered years. [Redistricting, which was completed last year, will shrink the number of county districts to 9 for the upcoming election cycle and take effect at the start of the 2013 term.] The first meeting of each year is an organizational meeting, when the board’s primary business is electing officers and approving the board rules and regulations.

It’s been the board’s custom to elect commissioners to the same leadership roles for two consecutive years, starting with the first year of their two-year terms. This year was no exception, and all previous officers were re-elected unanimously. There were no competing nominations, and only congratulatory discussion.

The board unanimously re-elected Conan Smith (D-District 10) as board chair and Alicia Ping (R-District 3) as vice chair. Rolland Sizemore Jr. (D-District 5) was re-elected chair of the board’s ways & means committee, with Dan Smith (R-District 2) re-elected vice chair. The working session chair is Yousef Rabhi (D-District 11), with Rob Turner (R-District 1) to serve as vice chair.

Before the officer elections but not during the official public commentary time, Thomas Partridge stood up and demanded an answer to a question he’d asked, saying it was pertinent to the election. He has frequently lobbied for the chair of the board to be elected by a vote of the general public, not by the board itself.

Curtis Hedger, the county’s corporation counsel, informed commissioners that according to the board’s rules and regulations, the chair must be elected from among the commissioners. From the relevant section of the board’s rules and regulations [emphasis added]:

D. ORGANIZATIONAL MEETING:  At the first or regular meeting of the Board of Commissioners held in January of each year the Clerk/Register of the County shall call the meeting to order then shall call the roll of all elected Commissioners. The members of the Board elect shall take the oath of office as their first order of business, If a quorum is found to be present, the Board shall proceed to elect by ballot one of the Commissioners, elected and serving, as Chair. The Commissioner receiving six (6) votes of the members, elected and serving shall be the Chair of the Board.

Outcome: By a series of unanimous votes, all 2011 officers were re-elected to leadership roles on the board.

Board Rules & Regulations

At the first meeting of each year, the board approves its rules and regulations with revisions, if any. This year, three changes were proposed. [.pdf of original draft revisions to board rules & regulations]

One of the rule changes was uncontroversial, and yielded no discussion. It related to the eligibility of county employees for claiming per diem payments and mileage. Under previous rules adopted in 2011, no county employee could claim a per diem or mileage reimbursement for service on a county board, committee or commission. The rules adopted on Jan. 4, 2012 now apply that rule only to regular, benefitted county employees. This allows part-time county employees who receive no county benefits to receive a per diem and mileage payment. The rule does not apply to county commissioners – their per diem and mileage are handled under separate flex accounts, which were not changed.

Commissioner Dan Smith holds up his hand to indicate the number of minutes available per speaker for public commentary. He was helping out county clerk Larry Kestenbaum, who officiated the start of the board of commissioners first meeting in 2012. By the end of the meeting, the board majority had voted to reduce public commentary time to three minutes.

The other two proposed rule changes considered at the Jan. 4 meeting dealt with public commentary. Commissioners spent much of their meeting discussing those changes to public commentary. The revisions shortened the time available per speaking turn and eliminated some of the agenda slots for public commentary.

Most significantly, the second of two opportunities for public commentary was proposed to be eliminated at three different meetings: the board meetings, the ways & means committee meetings and the working sessions. The corresponding times slated for commissioner response to public commentary at the end of those meetings were also proposed to be eliminated. Previously, public commentary and commissioner response were provided near the start and end of each meeting. The ways & means committee meetings and regular board meetings are held back-to-back, currently providing four opportunities for public commentary during the same evening.

In other revisions to the board’s rules and regulations, the five minutes alloted per speaker during general public commentary at the board meeting and working session was proposed to be reduced to three minutes each. The time alloted for commentary at public hearings (held on a specific topic) was proposed to be cut from five to three minutes per speaker.

Three minutes is already the current time alloted for public commentary at the board’s ways & means committee, where the bulk of the board’s business is conducted. Prior to 2009, ways & means public commentary was also five minutes. But at the board’s Jan. 7, 2009 meeting, commissioner Conan Smith proposed reducing it to three minutes. He won support for that resolution from the majority of the board, with dissent from commissioners Rolland Sizemore Jr. (D-District 5) and Jeff Irwin, a Democrat from Ann Arbor who now serves in the state legislature.

At that same January 2009 meeting, Conan Smith also proposed a change requiring that public commentary during ways & means address only items on the agenda. That change also won support from the board, with dissent from Sizemore and Irwin. Previously, there had been no such limitations. A year later, at the board’s Jan. 6, 2010 meeting, Irwin won support from his board colleagues to remove the topic limitations on public commentary.

Board Rules & Regulations: Working Session Amendment

Yousef Rabhi began the discussion by saying he opposed putting new limits on public commentary. He didn’t believe it was the right move, but he realized that many other commissioners supported it. As a compromise, he proposed an amendment to keep both public commentary slots in place at the working sessions. [Rabhi has chaired those sessions for the past year, and was re-elected chair of the working sessions at the Jan. 4 meeting.] His amendment also kept the five minutes alloted per speaker for public commentary at the working sessions.

Outcome on amendment: Rabhi’s amendment to retain two opportunities for five-minute public commentary at working sessions was approved unanimously.

Board Rules & Regulations: Abstaining Amendment

Dan Smith proposed an amendment to the rule relating to board resolutions. The current section states:

VI. RESOLUTIONS
Where a resolution proposes to amend a prior board resolution, County policy or County ordinance, the resolution shall conform to the style set forth below:
1. The section of the existing resolution to be changed shall be presented in its entirety, including any language proposed to be deleted by the resolution/motion such deletion shall be indicated by a horizontal line running through the deleted language.
2. New language shall be indicated by being presented in bold and italic.

Smith said he wanted to give commissioners the option of abstaining from a vote. His amendment would add the following statement: “Members may abstain from voting on any resolution expressing support (or opposition), but otherwise taking no action.”

Smith did not elaborate on his reasons for proposing the change, but the issue was relevant at the board’s last meeting in December 2011. A resolution brought forward then by Yousef Rabhi urged state lawmakers to reject HB 4770, HB 4771 and “any legislation that codifies discrimination.” The state legislation, which was later signed by Gov. Rick Snyder, removed the ability to extend benefits to same-sex partners. During deliberations on that resolution, commissioners Dan Smith and Rob Turner had objected to bringing forward resolutions that were not focused on Washtenaw County issues – both commissioners ultimately voted against it.

At the Jan. 4 meeting, Wes Prater questioned Dan Smith’s amendment, stating that state law requires commissioners to vote on resolutions unless there’s a conflict of interest. He asked the county’s corporation counsel, Curtis Hedger, to weigh in on the issue.

Hedger’s initial thought was that since the amendment pertained to resolutions that were advisory in nature, it would be permissible to allow commissioners to abstain. Hedger took a few minutes to try to find the applicable law but was unable to locate it, so he proposed tabling the amendment to a future meeting. He noted that the board’s rules and regulations can be voted on at any time throughout the year.

Barbara Bergman said she didn’t care what Hedger found – she’d be against the amendment, even if it were allowed by law. Commissioners are elected to govern, she said. Even on non-action item, their votes are important because they indicate the board’s direction and philosophy. To not have an opinion is very sad, she said. It might protect a commissioner in future elections if the vote is controversial, she added, but commissioners have a responsibility to vote on any resolution before the board. She said she’d be ashamed to be so concerned about getting elected. “If you’re here, vote,” she concluded.

Leah Gunn proposed tabling the amendment until the board’s second meeting in February, which falls on Feb. 15.

Outcome on tabling Dan Smith’s amendment: Commissioners voted unanimously to table the amendment until the second meeting in February.

Responding to a follow-up email query from The Chronicle, Dan Smith stated that he believes he’s made his point, and he doesn’t intend to pursue the amendment. He wrote: “My contention would be that a resolution saying ‘we support (or oppose) …’ does not constitute ‘act’ as contemplated by the law. Furthermore, the list of lawful actions does not specifically include ‘voting on resolutions of support’ or something similar. To underscore his argument, Smith pointed to three sections of relevant state law in Act 156 of 1851, which pertains to the state’s county boards of commissioners:

Act 156 of 1851 – Section 46.3: ”The county board of commissioners of a county shall act by the votes of a majority of the members present. However, the final passage or adoption of a measure or resolution or the allowance of a claim against the county shall be determined by a majority of the members elected and serving. …”

Act 156 of 1851 – Section 46.3a: “The names and votes of members shall be recorded on an action taken by the board of county commissioners …”

Act 156 of 1851 – Section 46.11: “A county board of commissioners, at a lawfully held meeting, may do 1 or more of the following: …”

Smith also wrote that if the issue is simply a matter of following Robert’s Rules of Order, then the board’s own rules and regulations supersede that, and could be changed.

Board Rules & Regulations: Public Commentary

Ronnie Peterson spoke at length about the proposal to reduce opportunities for citizen participation. He opposed eliminating the number of slots, and also opposed cutting the time limit. He said he got into government because of citizen participation, “from the audience to the election box.” Not everyone gets off work at the same time, he noted, so it might not be possible for citizens to make it to the start of the meeting for the first public commentary.

As for cutting the time limit from five minutes to three minutes, Peterson said he understood why city councils usually limited their public commentary to three minutes per speaker – there are usually far more people speaking at city council meetings than at board of commissioners meetings, he contended. Typically, there are only one or two people who show up to public commentary, he said, so he didn’t see the importance of limiting it. Also, people speak at different speeds, Peterson said – for people who speak more slowly, they might need the full five minutes.

Peterson also objected to eliminating the time for commissioners to respond, saying he’d feel uncomfortable if he couldn’t say a word. Overall, he said he saw no rationale for these changes to public commentary.

Rolland Sizemore Jr. agreed with Peterson. The community already feels a disconnect between the public and elected officials, he said. Noting that he’s the kind of person who likes to ask others what they think, Sizemore said he didn’t want to prevent the public from asking him. The public should have the right to tell commissioners what they think.

Rob Turner clarified that the proposed changes wouldn’t eliminate all public commentary or commissioner response. They would just be eliminating one of the two current opportunities at each meeting.

Yousef Rabhi thanked commissioners for supporting his amendment earlier in the meeting, and said that keeping working sessions the way they currently are made him more comfortable with the other changes.

Outcome on main resolution regarding the board’s rules & regulations: There was only one resolution and one vote taken on the overall changes to the board’s rules & regulations. It passed on a 10-1 vote, with dissent from Rolland Sizemore Jr. However, Felicia Brabec and Ronnie Peterson wanted the record to reflect that they were voting against eliminating public commentary. Peterson also voted against reducing the time allotment to three minutes. The changes mean that there will be only one opportunity for public commentary at the start of each board meeting and at each ways & means committee meeting, followed by a time for commissioner response. Public speakers will have three minutes each for their remarks during public commentary and at public hearings.

Board Rules & Regulations: Public Commentary

Speaking during the last opportunity for public commentary, Thomas Partridge said there’s a “cabal” on the board that’s imposed restrictions on citizen participation, even for the disabled and elderly. He called it unethical, and said it indicated corruption. The decision calls into question the integrity of each commissioner, he said. There should be a legal challenge to the change, he said. Even though many people on the board run as progressives, Partridge said, they behave and speak like conservatives in the Tea Party. [Eight of the 11 commissioners are Democrats.]

Board Meeting Calendar: Administrative Briefings

Dan Smith noted that since the last board meeting on Dec. 7, when commissioners had approved their 2012 meeting calendar, he had circulated via email some proposals to modify the times for administrative briefings.

Administrative briefings are informal meetings that have been held the week prior to the board’s regular meetings, to review the upcoming agenda. They are public meetings and are noticed in accordance with the Michigan Open Meetings Act. They are held in a small conference room and unlike the regular board meetings, ways & means committee meetings and working sessions, they are not televised.

By way of background, in March 2011 the board voted to eliminate the briefings entirely. That decision was made in the wake of criticisms by commissioner Ronnie Peterson, who did not attend the briefings because of his objections to the format. He called the briefings “backroom” meetings where deliberations occur that he believed were too far out of the public eye. After that March 2011 vote, a weekly agenda-setting meeting took the place of briefings, attended by senior staff and just three commissioners: Smith, as board chair; Rolland Sizemore Jr., chair of the ways & means committee; and Yousef Rabhi, chair of the working sessions. Because the meetings did not involve a quorum of commissioners, they were not be required to be open to the public.

Later in the year, the briefings were re-instituted. The 2012 calendar approved by the board at its Dec. 7, 2011 meeting included administrative briefings scheduled at 4 p.m. on the Tuesday during the week prior to the board’s regular Wednesday meetings. The time – prior to the end of a typical work day – has been difficult for some commissioners, including Dan Smith, who has often been unable to attend.

At the board’s Jan. 4 meeting, Dan Smith proposed amending the calendar schedule so that administrative briefings would be held at 6 p.m. prior to the 6:30 p.m. working sessions, which are typically held on the first and third Thursdays of each month. Because board meetings are held on the first and third Wednesdays of each month, this change would mean a nearly two-week span between the tentative agenda being reviewed at the briefing and the next board meeting.

Conan Smith suggested that the briefings could simply be listed as the first agenda item at the working sessions, rather than holding separate meetings.

Barbara Bergman noted that commissioners have an informal goal of ending the working sessions by 8:30 p.m. She recommended that they consider pushing the time back to 9 p.m., to accommodate the briefings. Leah Gunn proposed a possible solution: Starting the working sessions at 6 p.m. and adding the administrative briefing as the first agenda item.

Dan Smith agreed to Gunn’s proposal as a friendly amendment.

Outcome: The amendment changing the start time of working sessions to 6 p.m. and adding the administrative briefing as the first agenda item passed unanimously.

Communications & Commentary

There were several opportunities for communications during the Jan. 4 meeting, and two slots for public commentary.

Thomas Partridge spoke during both opportunities for public commentary. In addition to the commentary reported above, Partridge also advocated for an expansion of services for the homeless in Washtenaw County, specifically citing the conditions of Camp Take Notice. He called for more affordable housing and access to public transportation. Partridge also demanded more transparency in local government, asking that meetings of all public boards, commissions and committees be held in locations where the meetings can be recorded for broadcast on the Community Television Network.

From left: Orian Zakai and Alexandra Hoffman talk with county commissioner Conan Smith after the Jan. 4 board of commissioners meeting. Zakai and Hoffman are organizing a daytime warming and community center for people who are homeless.

Orian Zakai told commissioners that she was a University of Michigan graduate student who was speaking on behalf of organizers of an all-day winter community center. The idea emerged from conversations in the Occupy Ann Arbor camp at Liberty Plaza. It’s become clear that there’s an urgent need for a warm, safe place to gather, she said, where people could feel empowered. But local officials have been discouraging of the effort. Organizers have been told that the Delonis Center – a homeless shelter on West Huron Street – serves that purpose, but Zakai noted that the shelter isn’t open during the day.

People who are supposedly served by the Delonis Center see it as disconnected from their needs, Zakai said. One man characterized it to her as like living in an institution, either a prison or a hospital, and said that he was neither a criminal or sick. It’s the opposite of an empowering place, she said. Delonis Center officials had said they want people to be put into housing and to find jobs. But there are no jobs or housing, Zakai said, so people just spend their days walking around outside. Instead, they could be building community by spending time at a community center, where they could watch movies, do art or music, read books, or help each other look for jobs.

Organizers are having difficulty finding space for the center, she said. The biggest obstacles are prejudice and fear of change, she concluded, and she hoped commissioners could help find space for the center and support its formation.

During the time available for commissioners to respond to public commentary, Conan Smith thanked Zakai for speaking out on this issue. He said the county has a long-standing commitment to working on homeless issues. The board could direct Zakai and her fellow organizers to county staff and other resources that might help break through the bureaucracy, Smith said. The issue of empowerment that Zakai raised is an important one, he said. It’s an issue that he hadn’t previously given much thought to, and he thanked her for raising it.

Communications & Commentary: Road Commission

Rob Turner, who serves as a liaison to the Washtenaw County road commission, reported that earlier in the week he had attended a WCRC meeting – the first one since Roy Townsend had been selected as the new executive director late last year. Townsend previously served as WCRC’s director of engineering. Turner reported that for the year’s budget through November, the road commission was about 1.4% ahead of budgeted revenues for the year. Because it’s been a mild winter, they’ve had to spend less on salt and snow removal, he said, and that bodes well for their budget.

Later in the meeting, Rolland Sizemore Jr. expressed frustration that the board hadn’t been briefed on changes at the state level, as he said he had previously requested. State legislation affecting the road commission is one example of changes that will be coming fast, he said.

Yousef Rabhi, who chairs the board’s working sessions, responded by saying he could schedule a session on that topic and invite the county’s lobbyist, Kirk Profit, to brief the commissioners. Barbara Bergman pointed out that commissioners regularly receive email updates from Profit regarding state-level issues. Sizemore replied that these are issues the board needs to discuss – simply reading emails isn’t enough.

Communications & Commentary: Courthouse Renovation

Rob Turner reported that he’s been regularly attending meetings regarding the renovation of the Washtenaw County trial court in downtown Ann Arbor, at the corner of Huron and Main. The trial court is an entity that includes the 22nd Circuit Court, juvenile court, probate court and Friend of the Court program. Phase two is now completed and the project is back on schedule, after giving the contractors a little prodding, he said. Turner said the hallways still look like vintage 1960s, but the customer service areas and offices are bright and up-to-date.

Jason Fee with the county facilities unit would like to give commissioners an update on the project, Turner said, perhaps at a working session in February. Rolland Sizemore Jr. suggested that the topic be scheduled at the same working session when Greg Dill gives the board a report on county-owned facilities and space use. Dill is the county’s director of infrastructure management.

In response to a query from Barbara Bergman, Turner elaborated on the different phases of the project. The board had been briefed on the renovations nearly a year ago – at its Jan. 19, 2011 board meeting– by Donald Shelton, chief judge of the Washtenew County trial court. And at their July 6, 2011 meeting, commissioners had authorized $1 million for the second phase of the project, which entailed renovation of the first floor of the courthouse.

Sizemore noted that Turner had failed to answer the most important question: “Is Judge Shelton happy?” Turner indicated that he was.

Communications & Commentary: Farmland Preservation

Yousef Rabhi, who serves on the county’s agricultural lands preservation advisory committee (ALPAC), reported that the group met in late December and looked at the scoring of farm applications for the county’s natural areas preservation program. The applications were from owners of farms who are seeking to sell development rights to the county. The county has about $1 million available for the purchase of development rights, Rabhi said, and the committee narrowed the set of applications to 10. “We’re hoping to keep some farmers in business,” he said. ALPAC makes recommendations to the county park & recreation commission, which will make the final decision on these applications.

A 10-year millage renewal to support the county’s natural areas preservation program (NAPP) was approved by voters in November 2010. Earlier that year, commissioners had approved changes to the ballot language that allowed a portion of NAPP funds to be used for the purchase of development rights (PDR) for farmland. For additional background, see Chronicle coverage: “Washtenaw Natural Areas Tweaked for Ballot.”

Communications & Commentary: Retirements & Staff Reorganization

Wes Prater reported that he had asked for the number of county employees who had retired at the end of 2011 – there were 117 retirements, he said. The board needs to take a close look at these positions, he said, to see which of them could be eliminated. The county needs some structural changes to its organization, Prater said. He suggested instituting a hiring freeze until the board could hold a working session on the issue. He noted that a new purchasing agent has recently been hired, and his concern is that the administration is actively trying to fill these vacant positions without reviewing whether the jobs are necessary.

Leah Gunn argued that it’s not the board’s purview to look at the organization job-by-job. The administration knows that structural changes are needed, Gunn said, and so the administration should bring a plan to the board. Commissioners don’t know which positions should be eliminated or kept.  The budget in 2014 and 2015 will be difficult, but Gunn said she relies on the staff’s expertise. The department heads did heroic work in cutting their budgets for 2012 and 2013, she noted. The staff is working hard, and commissioners should respect that, she concluded.

Deputy county administrator Kelly Belknap responded. [County administrator Verna McDaniel had traveled to New Orleans to attend the Jan. 2 Sugar Bowl, and was not present at the Jan. 4 meeting.] Belknap told commissioners that before any job is posted, the position goes through a review to determine if it should be filled or not. In some departments, six or seven people retired, she said. Some of those jobs need to be filled in order to continue providing services to residents, she said.

Prater took issue with Gunn’s opinion that the board doesn’t have purview over the positions. The board does have authority to eliminate or create jobs, he said. The administration makes recommendations, but it’s the board that decides. Prater noted that four years ago, the county employed about 1,360 people, and about the same number are employed today, he said. And every year, the county hires hundreds of temporary workers too, he said.

Prater said he’s concerned that the county needs to use its fund balance to balance the budget, and “once it’s gone, it’s gone for good.” The county needs to make structural changes, he said, or it will be in big trouble.

Rolland Sizemore Jr. circled back to the issue of the newly hired purchasing agent, saying that person should have come to the board to be introduced. Belknap indicated that she would make sure the new employee attended an upcoming meeting.

Present: Barbara Bergman, Felicia Brabec, Leah Gunn, Ronnie Peterson, Alicia Ping, Wes Prater, Yousef Rabhi, Rolland Sizemore Jr., Conan Smith, Dan Smith, Rob Turner.

Next regular board meeting: Wednesday, Jan. 18, 2012 at 6:30 p.m. at the county administration building, 220 N. Main St. in Ann Arbor. The ways & means committee meets first, followed immediately by the regular board meeting. [confirm date] (Though the agenda states that the regular board meeting begins at 6:45 p.m., it usually starts much later – times vary depending on what’s on the agenda.) Public commentary is held at the beginning of each meeting, and no advance sign-up is required.

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