The design review board has not had bylaws up to now. The purpose of the board is to “foster excellence in the design of Ann Arbor’s built environment and to advise petitioners on how a project can meet the spirit and intent of the Downtown Design Guidelines.” [.pdf of design review board bylaws]

The planning commission had given approval to changes in its bylaws at its July 16, 2013 meeting. Those changes related to the order of agenda items, and the length of time required for special accommodations, such as sign language interpreters. [.pdf of planning commission bylaws on Nov. 7 city council agenda].

Not the subject of a revision, but still the source of some recent community interest, is the following clause from the planning commission bylaws, which imposes a limitation on the ability of a councilmember to address the city planning commission:

Section 9. A member of the City Council shall not be heard before the Commission as a petitioner, representative of a petitioner or as a party interested in a petition during the Council member’s term of office.

That part of the bylaws surfaced recently, when councilmembers Chuck Warpehoski (Ward 5) and Sumi Kailasapathy (Ward 1) on separate occasions sought to address the planning commission – Warpehoski on July 16, 2013 and Kailasapathy on Aug. 13, 2013.

Based on an analysis in the Michigan Municipal League’s “Handbook for Municipal Officials,” it may be problematic for a city councilmember to address a body like the planning commission. That’s not based on having a property interest in a matter, but rather because the council is the appointing body for the commission. The handbook presents the following scenario as an ethical exercise – using the zoning board of appeals (ZBA). From the MML Handbook:

Situation #2 Before you were elected to the city council you served on your city’s zoning board of appeals (ZBA), so you know the ZBA procedures very well. A few months after your election to council, your neighbor and campaign manager files a petition with the ZBA seeking a variance. Since you know how the ZBA works, he asks you to accompany him to the ZBA and to speak on his behalf. Should you do it?

The analysis offered by the handbook is the following:

No. The Michigan Court of Appeals has labeled this situation as “patently improper” and an abuse of public trust for the reason that the person making the argument to the ZBA is also one of the people charged with appointing the ZBA. This creates duress on the ZBA, raising doubt about the impartiality of the ZBA’s decision. Any decision made by the ZBA under these circumstances is void. See Barkey v. Nick, 11 Mich App 361 (1968).

The implication of the Ann Arbor city planning commission bylaw is that it’s permissible for a city councilmember to address the commission exactly when the councilmember is not the petitioner or does not have an interest in the matter. That situation appears to be explicitly deemed unethical by the MML Handbook, if the handbook’s analysis is extended from the ZBA to the planning commission.

The planning commission is also currently contemplating a further change to its bylaws, to clarify how many turns the same person can speak at a public hearing, and how public hearings are continued. It is that current contemplation of additional bylaws changes that led the council to postpone consideration until Dec. 16, the second meeting in December.

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

A final “resolved” clause of the resolution would direct the council’s rules committee to draft standards of conduct for local officials based on Public Act 196 of 1973, which applies to state employees of the executive branch and appointees of the governor.

The final resolved clause – if it’s approved, and if the council adopts a standard for itself (the legislative branch) that’s recommended by the council rules committee, and it’s strictly followed – could lead to an end to any unauthorized leaks of information from the city government. That’s based on the statutory language: “A public officer or employee shall not divulge to an unauthorized person, confidential information acquired in the course of employment in advance of the time prescribed for its authorized release to the public.”

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

The items often involve technology licensing agreements or leases. This month, all items were approved unanimously and without discussion. They related to the following businesses and organizations: ResolveAble Inc. (option agreement); Optimal Process Technologies LLC (license agreement); HiperNap LLC (option agreement); H3D Inc. (license agreement); Ektapharm Inc. (option agreement); Cardiavent Inc. (amendment to option agreement); Biocrede Inc. (option agreement); Armune BioScience Inc. (research agreement); Ambiq Micro Inc. (amendment to license agreement); Ascentage Pharma Group Corporation Ltd. (amendment to license agreement); Talley Photo+graphics (establishing a contract); A2 Laboratory (purchase agreement); Avicenna Medical Systems Inc. (authorization to transact for programming services); Exo Dynamics LLC and OncoFusion Therapeutics (lease agreements for Venture Accelerator firms at the North Campus Research Complex).

As an example of these items, disclosure of the lease agreements with Exo Dynamics and OncoFusion Therapeutics were triggered because university employees have ownership stakes in those firms. [.pdf of lease agreement spreadsheet] UM’s Venture Accelerator is a business incubator that opened in January 2011 at the North Campus Research Complex (NCRC), the former Pfizer site.

There was no discussion on any of these items, which were authorized with one unanimous vote.

This brief was filed from the Anderson Room at the Michigan Union, where this month’s regents meeting was held.

The items often involve technology licensing agreements or leases. This month, all items were approved unanimously and without discussion. They related to the following businesses and organizations: JV Biolabs LLC (sub-lease agreement at 2900 Huron Parkway); Avicenna Medical Systems (contract to license Avicenna’s chronic disease management software, called Avitracks); Echo360 Inc. (contract to license UM technology); and Vortex Hydro Energy LLC (master agreement for collaboration between UM and the startup business).

As an example of these items, disclosure of the contract with Echo360 was triggered because Perry Sampson – a UM professor of atmospheric, oceanic and space sciences – is a partial owner in the firm. Sampson founded the UM startup LectureTools, which was acquired by Echo 360 earlier this year. Echo360 is based in Dulles, Virginia. The contract licenses UM technology to the company for undisclosed terms. In addition, UM is authorized to invest up to $2.5 million in the firm, as part of the Michigan Investment in New Technology Startups program (MINTS) that regents authorized in December of 2011.

This report was filed from the Michigan Union’s Anderson room on UM’s central campus, where the regents held their December meeting.

The items often involve technology licensing agreements or leases. This month, all items were approved unanimously and without discussion. They related to the following businesses and organizations: ImBio LLC, BHJ Tech Inc., Newline Builders, Arborlight LLC, Arbor Ultrasound Technologies LLC, HiperNap LLC, Inmatech Inc., the Institute for Social and Environmental Research Nepal, PsiKick Inc., and Lycera Inc.

By way of example, the Lycera disclosure is required because four people who have an ownership stake in the company – Gary Glick, Anthony Opipari, James Ferrara and David Canter – are also employed by the university. [.pdf of Lycera disclosure] Lycera is developing treatments for autoimmune diseases, and plans to buy a company called JBL Pharma, which licenses technology from UM. As part of the purchase, Lycera will hold an exclusive license for that technology, in exchange for royalty payments on sales and the reimbursement of patent costs. In addition, the university has the option of investing up to $2.5 million in this business, as part of the Michigan Investment in New Technology Startups program (MINTS) that regents authorized in December of 2011.

This report was filed from the Anderson Room at the Michigan Union on UM’s central campus in Ann Arbor, where the regents held their November meeting.

The items often involve technology licensing agreements or leases. This month, all items were approved unanimously and related to the following businesses: Newline Builders, Horsley Archaeological Prospection, ArborMetrix, DDM System Inc., Edington Associates, OncoFusion, PsiKick Inc., Vortex Hydro Energy and Wolverine Energy Solutions and Technology Inc.

In addition, regents approved lease agreements with 15 firms that are part of UM’s Venture Accelerator program, located at the North Campus Research Complex, 1600 Huron Parkway – the former Pfizer facility. [.pdf of lease agreement details]

There was no discussion on any of these items.

This brief was filed from the Michigan Union’s Anderson Room on the Ann Arbor campus, where regents held their September meeting.

Among them was an item related to consulting in support of a pharmaceutical manufacturing facility at the North Campus Research Complex (NCRC). That project is the Michigan Advanced Development and Manufacturing Center – an entity created by UM to seek a U.S. Dept. of Defense contract to develop pharmaceutical manufacturing at the former Pfizer site. At this point, the conflict-of-interest item is a retroactive disclosure of consulting services with NanoBio Corp. from Feb. 10, 2012, through June 30, 2012, with a value not to exceed $54,000. The firm’s owner, James Baker, is a UM medical professor and director of the Michigan Nanotechnology Institute for Medicine and Biological Sciences.

The item had originally appeared on the regents’ May 17, 2012 agenda. A staff memo accompanying that May 17 item noted that Baker is providing “technical expertise in vaccine development, regulatory and clinical study planning in support of MADMC’s proposal to the federal government.” It had been pulled from the agenda after regent Larry Deitch recused himself from the vote on that item, and there were not enough remaining regents to vote on it.

On July 19, Deitch, the board’s chair, again recused himself from the vote on this and one other conflict-of-interest item related to NanoBio, but did not offer a reason during the meeting for his recusal. He is an attorney and a partner in the law firm of Bodman LLP of Detroit. According to his bio on the law firm’s website, Deitch “focuses his practice in corporate law, real estate law, and government relations. He has substantial experience in corporate governance matters, mergers and acquisitions, and structuring joint venture relationships, with a particular focus on the automotive and general industrial sectors. He also advises clients on all of the legal issues arising out of real estate development, leasing, and finance.”

Six votes are required to approve conflict-of-interest items. Despite Deitch’s recusal, and the fact that Martin Taylor was absent from the July 19 meeting, the supporting votes of the remaining six regents were sufficient to pass the conflict-of-interest items.

The university has not yet publicized its efforts to create the Michigan Advanced Development and Manufacturing Center, and the July 19 version of the staff memo does not explicitly cite the project’s name. But this is the second recent regental approval related to that effort. At its June 21, 2012 meeting, regents approved the Michigan Health Corp. annual business plan, which included a brief mention of the MADMC. The plan referred to the MADMC and its parent organization, the Michigan Health Ventures Limited Partnership, as new ventures to apply for a potential contract with the U.S. Dept. of Defense.

A budget provided in the plan shows a projected $3.028 million loss for the project in fiscal year 2012, with another projected loss of $120,000 in FY 2013. A note accompanying the budget item states: “The FY13 MADMC Budget reflects the cost of closing MADMC because no DoD contract has been awarded at this time. If the contract is awarded to MADMC, MADMC could generate a favorable margin of $250,000 per month.” The plan also states that there are preliminary signs indicating the DOD contract will not be awarded to the MADMC. The plan indicates that “a separate business plan for MADMC will be presented to the regents when more definitive information regarding the DoD contract is available.”

NanoBio was also part of another conflict-of-interest disclosure approved by regents on July 19. NanoBio and three other firms – Atterocor Inc., CytoPherx Inc., and Tissue Regeneration Systems Inc. – will be each receiving up to $2.5 million in investments through the Michigan Investment in New Technology Startups (MINTS) program. Regents had approved the MINTS program in December 2011.

Other conflict-of-interest items involved technology licensing agreements, leases and other authorizations. In addition to NanoBio and the MINTS firms, this month the items related to the following businesses: ePack (research agreement), Ambiq Micro Inc. (research agreement), AlertWatch LLC (license agreement and lease/relationship agreement for the North Campus Research Complex accelerator) , Michigan Precision Instruments LLC (authorization to transact), Possibilities for Change LLC (authorization to contract), Arbor Research Collaborative for Health (authorization to transact), and Valley View Farms (authorization to enter into agreement to house sheep for research purposes).

This report was filed from the Michigan Union’s Rogel ballroom, where the board held its July meeting.

The items often involve technology licensing agreements or leases. This month, seven of the items were approved unanimously and related to the following businesses: Avicenna Medical Systems Inc., Arborlight, Ascenta Therapeutics Inc., EXO Dynamics, Opsidio Inc., Photon Affinity, and Superior Rehabilitation & Assessment Solutions Inc.

Larry Deitch recused himself from voting on an eighth item, which was related to an amendment in a license agreement with NanoBio Corp. Deitch did not publicly state his reason for recusal. He is an attorney and a partner in the law firm of Bodman LLP of Detroit. According to his bio on the law firm’s website, Deitch ”focuses his practice in corporate law, real estate law, and government relations. He has substantial experience in corporate governance matters, mergers and acquisitions, and structuring joint venture relationships, with a particular focus on the automotive and general industrial sectors. He also advises clients on all of the legal issues arising out of real estate development, leasing, and finance.”

This brief was filed from the Michigan Union Ballroom on the Ann Arbor campus, where regents held their June meeting.

One conflict-of-interest item that had originally been on the agenda for approval – involving a contract with Ann Arbor-based NanoBio for consulting services – was pulled. Regent Larry Deitch recused himself from the vote on that item, and there were not enough remaining regents to vote on it. Of the eight regents, Martin Taylor and Libby Maynard were absent. Regent Kathy White participated by speaker phone.

According to a staff memo, the university plans to contract with NanoBio for consulting services in support of the Michigan Advanced Development and Manufacturing Center. MADMC is an entity created by UM to seek public-private partnerships to develop a pharmaceutical manufacturing facility at the North Campus Research Complex (NCRC), the former Pfizer site.

The term of the agreement with NanoBio was from Feb. 10, 2012, through June 30, 2012, with a value not to exceed $53,250. Disclosure was required because James Baker, owner of NanoBio, is a UM medical professor and director of the Michigan Nanotechnology Institute for Medicine and Biological Sciences. Baker is providing “technical expertise in vaccine development, regulatory and clinical study planning in support of MADMC’s proposal to the federal government,” according to a staff memo. It’s expected that regents will vote on the item at a later date.

In general, these conflict-of-interest items often involve technology licensing agreements or leases. This month, the items related to the following businesses: Ambiq Micro Inc., Phrixus Pharmaceuticals Inc., Silicium Energy Inc., Civionics LLC, 3D Biomatrix Inc., Michigan Interiorscaping LLC, Cornell Farms LLC, ArborMetrix, Arborlight, LLC, ImBio LLC, JV BioLabs LLC, Rhythm Solutions, SenSigma Inc., Silicium Energy, Structured Microsystems LLC, and Wolverine Energy Solutions & Technologies Inc.

As another example, the item involving Ambiq Micro related to financing agreements of up to $2.5 million of potential investments by UM in the Austin-based semiconductor firm, as part of the Michigan Investment in New Technology Startup program (MINTS), which regents approved in December 2011. Plans for the initiative had been announced in early October by UM president Mary Sue Coleman in her annual address to campus.

Two faculty members in the College of Engineering – David Blaauw and Dennis Sylvester – are affiliated with Ambiq, which triggered the conflict-of-interest disclosure. Blaauw and Sylvester developed the technology for energy-efficient microcontrollers that’s licensed by Ambiq. Scott Hanson, who helped develop the technology while earning a doctorate at UM, is now CEO of the firm.

This brief was filed from the Fairlane Center at UM’s Dearborn campus, where regents are holding their May meeting.

The items often involve technology licensing agreements or leases. This month, the items related to the following businesses: Ambiq Micro Inc.; Milcom Inc.; QE Tools; SwirlTech; RBL Group; Arbor Research Collaborative for Health; Arbor Ultrasound Technologies; ImBio; JV BioLabs; PicoCal Inc.; and SB10 Inc.

This brief was filed from the Michigan Union’s Rogel ballroom, where the board held its April meeting.