The Ann Arbor city council’s first meeting of the fiscal year is also the next-to-last one before the Aug. 5, 2014 primary elections for city council and mayor.

The sign on the door to the Ann Arbor city council chamber includes Braille.

A month before the dog days actually begin, the council will be considering as part of its July 7 agenda a resolution that would pay Washtenaw County $135,570 for animal control services. The county in turn contracts with the Humane Society of Huron Valley for those services. This is a new arrangement, based on recommendations from a 2012 county task force. The idea is that local governments in the county with their own dog licensing programs, which generate revenue through licensing, should shoulder part of the cost of the county’s animal control contract. Ann Arbor has its own dog licensing program.

The July 7 agenda is heavy with items related to infrastructure. Three special assessments for the construction of new sidewalks are on the agenda for final approval: Stone School Road, Barton Drive and Scio Church Road. And the council will be considering approval of contracts for street repair associated with utilities work, the replacement of a clarifier at the drinking water treatment plan, the replacement of liners for the swimming pools at Buhr and Fuller parks, and for monitoring work at the now-dormant Ann Arbor city landfill.

Several development items also appear on the July 7 agenda. The rezoning of three Ann Arbor Housing Commission (AAHC) properties will be given final consideration in connection with major renovations and improvements the commission is making to its inventory – at Baker Commons, Green/Baxter Court Apartments, and Maple Meadows. Initial approval for rezoning of another AAHC property is also on the council’s agenda: North Maple Estates.

In addition to the AAHC properties, the council will consider rezoning for parcels on Research Park Drive, in the southern part of the city, and a site plan for the expansion of Rudolf Steiner High School on the city’s north side.

The council will give initial consideration to changes in the ordinance that defines how city boards and commissions are appointed – changes that focus on the environmental commission. The changes involve clarifications of the nomination process and other housekeeping issues. The council will also consider confirmation of three appointments to the environmental commission: Allison Skinner, Benjamin Muth and Mark Clevey.

The summertime theme of the agenda is reflected in the approval of temporary outdoor sales and consumption of alcohol for several downtown businesses during the art fairs, which run from July 16-19. A permanent liquor license for Ruth’s Chris Steakhouse also appears on the council’s agenda. The theme of transition from summer to fall is reflected on the council’s July 7 agenda in the set of street closing approvals, which include closings around the University of Michigan stadium for home football games.

This article includes a more detailed preview of many of these agenda items. More details on other agenda items are available on the city’s online Legistar system. The meeting proceedings can be followed Monday evening live on Channel 16, streamed online by Community Television Network starting at 7 p.m.

The Chronicle will be filing live updates from city council chambers during the meeting, published in this article below the preview material. Click here to skip the preview section and go directly to the live updates. The meeting is scheduled to start at 7 p.m.

Animal (Dog) Control Services

The council will be considering a $135,570 agreement between the city of Ann Arbor and Washtenaw County for animal control services.

Background to the city’s agreement includes a long process of discussions and negotiations between Washtenaw County and the Humane Society of Huron Valley (HSHV) – a conversation that began in 2011 when the amount of funding provided to HSHV was under scrutiny. A task force was appointed, and ultimately the county board of commissioners, at its Nov. 7, 2012 meeting, authorized contracting with HSHV for $500,000 a year for animal control services. [.pdf of contract between Washtenaw County and HSHV]

Recommended as a part of that task force report was for the county to pursue a cost-sharing arrangement with those municipalities in the county that collect licensing fees for animals. The city of Ann Arbor is one such municipality in the county. From the task force report:

Cost Sharing with Local Governments
Between 45 and 65 percent of the animals at the Humane Society come from jurisdictions with their own animal control ordinances or licensing programs. While the County would bear responsibility for stray dogs in those jurisdictions absent a controlling ordinance, it would also collect licensing fees from pet owners in those communities. The current system, however, drives costs to the County without providing direct revenues to offset them. The Task Force recommends that the County reach out to the communities whose ordinances either exceed the scope of the County animal control policy or that capture licensing fees, and develop a cost sharing agreement with those local governments to offset increases driven by local ordinance requirements. [.pdf of 2012 task force report]

Cited in the council’s July 7 resolution as the cost of public animal control countywide is $951,793. The assignment of $135,570 of that cost to the city of Ann Arbor is based on the proportion of dogs that come from Ann Arbor that are housed at HSHV, factoring in the $500,000 provided to the HSHV by Washtenaw County.

The city council’s approved FY 2015 budget had already included $105,000 for such animal control services. Increased dog licensing revenue is projected to fund the remaining $32,570, according to the staff memo accompanying the resolution.

The city council’s FY 2015 budget deliberations on May 19 , 2014 resulted in two amendments that affected funding for animal control services. One was an amendment that re-allocated $75,000 for a commercial sign inventory to animal control, including deer herd management. The other was an amendment that adjusted the revenue budget upwards to reflect an assumed 30% participation rate for dog licensing in the city – which would be a total of about $63,000. That’s $48,000 more than the actual amount up to now, with the idea being that a publicity campaign could increase participation in the licensing program. The additional revenue is to be put towards animal control.

Infrastructure: Sidewalk Special Assessments

At its July 7 meeting, the city council will consider the final vote on the special assessment of property owners to help pay for construction of three different sidewalks – on Stone School Road, Barton Drive and Scio Church Road.

The new sidewalk on Stone School Road will be on the west side of the road. This work will be done in conjunction with the Stone School Road reconstruction project from I-94 to Ellsworth Road. The total sidewalk project cost is roughly $128,500, of which about $55,000 will be special assessed. A public hearing on the special assessment will also take place at the council’s July 7 meeting.

The Barton Drive sidewalk project will extend eastward from Bandemer Park at Longshore Drive. The cost of the Barton Drive sidewalk has been calculated to be $80,606. Of that, about $36,000 will be paid from federal surface transportation funds. Of the remaining $44,606, the city’s general fund would pay $42,626, leaving just $1,980 to be paid through the special assessment.

For the Scio Church sidewalk project, the total cost is expected to be $365,100. Of that, about $164,000 will be paid from a federal surface transportation grant. The remaining $201,100 will be paid out of the city’s general fund and by the special assessment of just $1,626.

Infrastructure: Public Services Contracts

Several contracts appear on the council’s July 7 agenda that are related to infrastructure maintenance and repair. The council will be considering a $344,600 contract with Cadillac Asphalt LLC for repair of streets after water mains, storm and sanitary sewers are repaired. The city’s public services area does not have the equipment or the staff to perform these types of street repairs, which often involve the replacement of the concrete base or the concrete street surface, according to the staff memo accompanying the resolution.

The city council will also consider awarding a $175,000 contract to replace a clarifier drive in the drinking water treatment plant – to Titus Welding Company. According to the staff memo accompanying the resolution, the drive to be replaced is original to the plant and was installed in 1965. It had an expected life of 30 years. It has begun to show signs of failure, included seizing, high vibration, and bearing failure. The drive has been assessed by the manufacturer and it has been determined that it is not cost-effective to repair, according to the memo.

The council will also consider a $205,055 contract with Renosys Corp. to install PVC pool liners at Buhr and Fuller pools. The city is switching to PVC from Marcite, which is, according to a staff memo, a “cementitous product that covers the pool shell creating a smooth and waterproof surface.” The new product has a smoother surface, and won’t require the yearly patching required due to harsh winters and wear and tear on the pool, according to the staff memo.

The council will consider a $80,836 contract amendment with Tetra Tech Inc. for environmental consulting services at the now-closed Ann Arbor landfill. That brings the total amount on the contract to $624,221. According to the staff memo accompanying the resolution, for several years the landfill has had a plume of 1-4 dioxane and vinyl chloride contamination offsite primarily in Southeast Area Park, northeast of the landfill. A slurry wall was constructed along most of the boundary of the landfill to eliminate groundwater passing through the landfill, and three purge wells were used to attempt to capture the offsite contamination.

Also on the July 7 agenda is a resolution for $125,000 contracts with Stantec Consulting Michigan Inc. and Fishbeck, Thompson, Carr & Huber Inc. for general civil engineering and surveying services. Those services include a range of activities, according to the staff memo accompanying the resolution: design and management of capital improvement projects; private development construction plan review; private development utility and road construction inspection; traffic engineering; civil engineering design; construction inspection; drafting; and surveying.

Development

On the council’s agenda are a number of rezoning requests and site plans associated with new development in the city.

Development: Research Park Drive – Rezoning, Recreation

On the city council’s July 7 agenda for initial consideration is the rezoning of six sites along Research Park Drive – from RE (research district) to ORL (office/research/limited industrial district). Related to that rezoning, the council will be asked to give initial approval to amendments to the city’s zoning code to allow outdoor recreation as a special exception use in the ORL zoning district.

The six lots are undeveloped and total 16.6 acres. Four of the lots, on the southern end of the site, are owned by Qubit Corp. LLC; BMS Holdings LLC owns the northern two sites.

A proposed area plan – which is less detailed than a site plan – includes an indoor-outdoor tennis facility on one of the lots. It also includes five two-story buildings that could accommodate office, research, and limited industrial uses on the remaining lots, each with their own parking lot and access point to Research Park Drive.

Prior to construction, the project must go through the city’s site plan approval process, which might require a traffic impact study.

Only the initial rezoning and the amendment allowing recreation as a special exception use will be in front of the council at its July 7 meeting. The planning commission recommended support of both actions at its June 3, 2014 meeting.

Aerial view showing Research Park Drive parcels.

Area plan for four sites in a proposed development on Research Park Drive. The image is oriented with east at the top.

Development: Rudolf Steiner Site Plan

On the July 7 city council agenda is the approval of a site plan for the expansion of the Rudolf Steiner High School. The private school is located at 2230 Pontiac Trail, north of Brookside. The planning commission had recommended approval of the site plan at its June 3, 2014 meeting.

The project – estimated to cost $2.5 million – involves building a one-story, 19,780-square-foot addition to the existing classroom building. The structure will include a 9,990-square-foot gym, with the remaining 9,790 square feet used for classrooms and storage.

According to the staff memo, an existing Quonset hut on the east side of the site will be removed, as will a 48-inch white oak tree immediately east of the proposed addition. The school will be required to plant 12 trees for mitigation. In addition, 17 new trees will be planted as part of the project.

Parking will be increased by 31 spaces to accommodate special events and discourage parking in nearby neighborhoods, according to the staff memo. A total of 32 bicycle parking spaces will be provided near the north entry to the new addition. No additional enrollment beyond the previously approved 120 students is proposed. The school has operated at that location since 2002.

Site plan for Rudolf Steiner High School expansion. The yellow section is the existing building. The white section indicates the proposed addition.

At their June 3 meeting, planning commissioners approved a special exception use for the project. That’s required under Chapter 55 of the city’s zoning code because the site is zoned R1D (single family dwelling). Private schools are allowed within that zoning district, if granted a special exception use. The planning commission has discretion to grant a special exception use, which does not require additional city council approval.

Development: AAHC Rezoning Final Approvals

On the council’s agenda for July 7 is the final approval to the rezoning of three Ann Arbor Housing Commission properties that have been given initial approval by the city council. The planning commission had recommended the rezonings at its May 6, 2014 meeting. Initial city council action came at its June 2, 2014 meeting.

The current PL (public land) zoning for some of the properties is a vestige of the AAHC properties’ status as city-owned land. The city council approved the transfer of deeds to the AAHC at its June 2, 2013 meeting. The three sites given initial rezoning approval on June 2, 2014 are part of the housing commission’s major initiative to upgrade the city’s public housing units by seeking private investors through low-income housing tax credits.

Rezoning is in progress for the following public housing sites, two of which are currently zoned as public land:

• Baker Commons: Rezone public land to D2 (downtown interface). The 0.94-acre lot is located at 106 Packard Street, at the intersection with South Main, in Ward 5. It includes a 64-unit apartment building.
• Green/Baxter Court Apartments: Rezone public land to R4A (multi-family dwelling district). The 2-acre site is located at 1701-1747 Green Road and contains 23 apartments in four buildings and a community center. It’s in Ward 2.
• Maple Meadows: Currently zoned R1C (single-family dwelling district), the recommendation is to rezone it as R4B (multi-family dwelling district). The site is 3.4 acres at 800-890 South Maple Road and contains 29 apartments in five buildings and a community center. It’s located in Ward 5.

At the planning commission’s May 6 meeting, AAHC director Jennifer Hall explained that PL zoning doesn’t allow housing to be built on a parcel. As AAHC seeks private funding to rehab its properties, it needs to ensure if a building burns down, for example, it could be rebuilt. In general that’s why the rezoning is being requested. It’s also being requested to align the zoning with the current uses of the property. She stressed that the highest priority properties to be rezoned are Baker Commons, Green/Baxter and Maple Meadows, because investors have already been found to renovate those sites.

For these three sites, planning commissioners also voted to waive the area plan requirements for the AAHC rezoning petitions, because no new construction is proposed and surveys of the improvements have been provided.

For additional background on the AAHC process of renovating its properties, see Chronicle coverage: “Public Housing Conversion Takes Next Step.”

Development: AAHC – Appointment

Also at its July 7 meeting, the council will be asked to confirm the appointment of Audrey Wojtkowiak to the board of the Ann Arbor Housing Commission, to fill the vacancy of Christopher Geer. Wojtkowiak’s nomination was made at the council’s June 16 meeting. She’s controller for the Consolidation Center at Detroit Diesel.

Development: AAHC – North Maple Rezoning

On the council’s July 7 agenda is initial consideration of rezoning that’s necessary for a renovation project to be undertaken by the Ann Arbor Housing Commission for a site on North Maple.

Aerial view of North Maple Estates site, outlined in green.

The council will be asked to give initial approval to rezoning the 4.8-acre site at 701 N. Maple Road – from R1C (single-family dwelling district) to R4B (multi-family dwelling district).

The planning commission had recommended the rezoning at its June 17, 2014 meeting after postponing it on June 3, 2014.

The site is on the west side of North Maple, between Dexter Avenue and Hollywood Drive. [.pdf of staff report]

The site plan calls for demolishing 20 existing single-family homes – the public housing complex known as North Maple Estates – and constructing an eight-building, 42-unit apartment complex with a total of 138 bedrooms. The units range in size from one bedroom to five bedrooms. The project would include a playground, community building and 73 parking spaces. According to a staff memo, the buildings would be located along a T-shaped driveway that connects to North Maple Road and Dexter Avenue. The drive extends northward toward Vine Court but does not connect with that street. There would be a new connection to Dexter Avenue through the remaining, undeveloped length of Seybold Drive.

The project will require the city to vacate a portion of the right-of-way for Seybold Drive. The surrounding land is owned by the housing commission, so if the right-of-way vacation is approved, the land would become part of the housing commission property.

The site plan will not be in front of the city council on July 7. Only the initial rezoning approval and a resolution of intent to vacate right-of-way for Seybold Drive appear on the agenda. That resolution of intent sets a public hearing for Aug. 18, 2014 – the same council meeting when a vote will be taken on the vacation’s approval. The rezoning will also need a second vote of approval from the council at a future meeting.

Planning staff noted three issues that need to be resolved before the project gets approval from city council:

The parcel containing two duplex buildings also owned by the Ann Arbor Housing Commission in the northeast corner of the site must be combined with the subject site, forming a single parcel as a requirement for issuance of any permits.

The legal description and comparison chart data must be confirmed to include the duplex parcel.

The northern-most parking stall, nearest the connection to Vine Court, must be relocated outside of the minimum front setback area.

According to the staff memo, after the planning commission’s June 3 meeting the city’s traffic engineer reviewed the proposed new connection from Seybold Drive onto Dexter Avenue, and concluded that sight distances from all approaches are acceptable. He suggested that the pavement markings on Dexter should be refreshed.

The reconstruction of North Maple Estates is part of an ongoing effort by the housing commission to upgrade the city’s housing stock for low-income residents. At the planning commission’s May 6, 2014 meeting, AAHC executive director Jennifer Hall had made a presentation about the initiative, which includes seeking private investors through low-income housing tax credits.

Environmental Commission

The city’s environmental commission appears in two different agenda items – one that amends the city ordinance establishing the commission, and another that nominates additional members to the commission.

Environmental Commission: Ordinance Change

The council will be giving initial consideration to a change to the city ordinance that regulates how appointments are made to the environmental commission (EC). The EC is one of the few boards or commission in the city for which the mayor does not make nominations. The more familiar procedure – for most boards and commissions – includes a mayoral nomination at one council meeting, followed by the confirmation vote of the council at a subsequent meeting.

In the past, the council has mimicked this procedure for the EC by having some councilmember put a resolution on the agenda appointing a member to the EC, and then postponing the resolution until the next meeting. The ordinance revisions clarify that the nominations put forward by the council as a body to the EC are to be made by the two councilmembers who serve as the council’s representatives to the EC.

Besides two slots for council representatives, the EC includes positions for members of the planning commission, park advisory commission, and energy commission. The ordinance revision that the council will be considering on July 7 makes clear that those groups make their appointments to the EC without further city council approval. This specific revision comes after the planning commission had selected Kirk Westphal from its membership to serve on the EC earlier this year, and some councilmembers voted against his confirmation, when the council was asked to confirm his selection two months ago. For background on that vote, see “Hutton, Westphal Reappointed to EC.”

The staff memo summarizes the changes to the ordinance regulating appointments to boards and commissions as follows:

• clarifies that the councilmembers currently serving on the environmental commission nominate persons for “at-large” appointments, which are then approved by council resolution;
• clarifies that the planning commission, park advisory commission, and energy commission each designate a representative to the environmental commission without council approval and for a one-year term;
• clarifies that the 3-year terms should be equally staggered;
• removes references to the Leslie Science Center Advisory Board, which no longer exists;
• requires the city administrator or the designated support staff of the environmental commission to notify council of vacancies – previously this was delegated to the clerk’s office, which does not always have immediate knowledge of vacancies;
• contains a few minor, non-substantive corrections and clarifications.

If the council gives the ordinance amendment initial approval on July 7, it would still need a second and final vote at a subsequent meeting, in order to be enacted.

Environmental Commission: Appointments

Also on the agenda are confirmation of three nominations to the EC, which were announced at the council’s June 16, 2014 meeting: Allison Skinner, Benjamin Muth and Mark Clevey.

Clevey is the representative to the EC selected by the energy commission, so this confirmation will not follow the ordinance amendment for which the council will be asked to give initial approval on July 7.

Liquor

At its July 7 meeting, the city council will be considering two items related to serving alcohol. One is an item that would allow several downtown businesses to serve alcohol outdoors during the Ann Arbor art fairs, to be held July 16-19 this year:
Knight’s Restaurant (600 E. Liberty St.), Michigan Theater (603 E. Liberty St.), Neopapalis (500 E. William St.), Cottage Inn (508-512 E. William St.), New York Pizza Depot (605 E. William St.), Ashley’s Restaurant (338 S. State St.), Red Hawk Bar & Grill (316 S. State St.), and Pizza House (618 Church).

The second item is a downtown development liquor license for Ruth’s Chris Steak House. The council approved the site plan for Ruth’s Chris – to be located on Fourth Avenue between William and Liberty – at its June 2, 2014 meeting.

Street Closings

The consent agenda includes approvals of street closings for special events, which provide a window into what’s happening in the coming weeks. Events with street closings on the July 7 city council agenda include:

• Electric Bolt 8K Run/Walk (July 27, 2014): Various streets from 6-10 a.m.
• Cleats and Beats (Aug. 1, 2014): These street closures would be on S. Main from E. William to Huron, on Liberty from S. Ashley to S. Fourth, and on Washington from S. Ashley to the alley by the parking structure. This is sponsored by the Ann Arbor Convention and Visitors Bureau. It appears to be a different event than the Eats, Beats and Cleats event for which the council unanimously rejected a street closure request last year. That was proposed to take place in a South University neighborhood with a lot of student housing.
• Relevent Sports International Champions Cup Soccer Game (Aug. 2, 2014). Various streets around Michigan Stadium for three hours prior to the start of the game.
• University of Michigan football games (2014 Season): Various streets around Michigan Stadium for three hours prior to the start of each home football game.
• Dancing in the Streets (Aug. 31, 2014): S. Main between Huron and Liberty, and Washington between S. Ashley and the alley on E. Washington toward S. Fourth Avenue, from 11 a.m. to 7:30 p.m.

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3:56 p.m. People who are signed up for public commentary reserved time are now listed on the agenda. Three people are signed up to talk about U.S.-Israel foreign policy: Mozhgan Savabiehsfahani, Blaine Coleman and Henry Herskovitz. Jeff Hayner is signed up to talk about the Barton Drive sidewalk special assessment. Kermit Schlansker is signed up to call for stopping construction of houses. Changming Fan is signed up to talk about the local development finance authority and job creation. Carolyn Grawi is signed up to talk about the Research Park Drive rezoning item. And Thomas Partridge is signed up to talk about electing Mark Schauer for governor, affordable housing, human rights and transportation.

4:20 p.m. The staff responses to councilmember questions about agenda items are now available [.pdf of July 7, 2014 staff written responses to council questions]

7:04 p.m. Council chambers are filling up with councilmembers and audience.

7:08 p.m. Call to order, moment of silence, pledge of allegiance. And we’re off.

7:09 p.m. Roll call of council. All councilmembers are present and correct.

7:09 p.m. Approval of agenda.

7:09 p.m. Outcome: The council has approved the agenda without amendment.

7:09 p.m. Communications from the city administrator.

7:10 p.m. City administrator Steve Powers is calling the council’s attention to a communication attached to the agenda – notifying the council that the city could become a direct grantee of the federal CDBG (Community Development Block Grant) program). But the city could continue its participation through the Urban County, of which it is a member. Powers’ communication indicates that unless he is instructed otherwise, the city will continue its participation with the Urban County. [July 7, 2014 memo from Powers]

7:11 p.m. Powers is also noting that there are several street closings on the agenda. He observes that the books for FY 2014 will be closed and he’ll have a report on that soon.

7:11 p.m. INT-1 Volunteer of the Month. The proclamation honors Peter and Mary Fales as volunteers at the annual “Mayor’s Green Fair.” They have staffed the information booth and barricades and helped with set up and the tearing down of the event. Mary Fales is assistant city attorney with the city.

7:13 p.m. Public commentary. This portion of the meeting offers 10 three-minute slots that can be reserved in advance. Preference is given to speakers who want to address the council on an agenda item. [Public commentary general time, with no sign-up required in advance, is offered at the end of the meeting.]

Three people are signed up to talk about US-Israel foreign policy: Mozhgan Savabiehsfahani, Blaine Coleman and Henry Herskovitz. Jeff Hayner is signed up to talk about the Barton Drive sidewalk special assessment. Kermit Schlansker is signed up to call for stopping construction of houses. Changming Fan is signed up to talk about the local development finance authority and job creation. And Thomas Partridge is signed up to talk about electing Mark Schauer for governor, affordable housing, human rights and transportation.

7:16 p.m. Thomas Partridge introduces himself as a recent candidate for the Michigan legislature. He calls it a critically important election year. He calls on everyone to work on behalf of Democrat Mark Schauer’s candidacy for governor. Relevant issues include expanding affordable housing, human rights and access to transportation, he says. It’s important to work beyond current plans to expand affordable housing, Partridge says. He says he’s speaking on behalf of the most vulnerable members of society. The council has addressed the material infrastructure needs of the city, while overlooking the kind of issues he’s talking about tonight, he says.

7:21 p.m. Blaine Coleman says he was here a year and a half ago when Israel was bombing Gaza. He’d asked Chuck Warpehoski (Ward 5) to spearhead a resolution asking for a boycott Israel. Now he was back a year and a half later and Israel was bombing Gaza again, and he was asking again for a symbolic resolution boycotting Israel. He refers to the beating of school children. [By way of background, here's a link to video posted by The Guardian, which reports the video was broadcast on a Palestinian TV station as showing the beating of Tariq Abu Khdeir, 15-year-old Floridian, who was visiting Israel.] [video] This boy was on the front page of the New York Times, Coleman says. He asks the council to pay for the boy’s airfare from Florida to come talk to the Ann Arbor city council.

7:24 p.m. Jeff Hayner allows that the issue that Coleman had talked about is emotional, whereas he was going to be talking about things paid for with taxes. Hayner is addressing the question of cost associated with the Barton Drive sidewalk construction. Some of the more precise figures are described in a comment Hayer wrote online here: [link] He’s comparing the costs to national costs in other cities. It seems like too much money, he says.

7:28 p.m. Mozhgan Savabiehsfahani is also addressing the beating of the Floridian schoolboy. She’s also talking about other children who have been beaten up “on your watch.” She’s been coming to the Ann Arbor city council for 10 years, she says, telling the council that they need to act, and she’s seen no effect. “How many more dead bodies can you handle?” she asks. She tells them that they’re trying to make history, but “You ain’t gonna make no history, if you say nothing in the face of this kind of brutality,” she tells them. “You support this with your silence,” she says. She calls the bus stop slogans here in Ann Arbor – “Our Way of Life” – phony. She and Coleman are holding signs showing photographs of the beaten boy’s face. She tells the council they’re looking at her like she’s some kind of five-headed dragon. Boycotting Israel is their duty, she concludes.

7:30 p.m. Kermit Schlansker is educating the council on total U.S. energy consumption: 97 quads of energy. One quad is an enormous number, he says. Long-term remedies will depend on lifestyle changes or else hardships. Houses take more energy to heat and more energy for transportation to them, he says. Stand-alone houses are the enemy of the planet, he says. We’re facing a dire long-term problem, he says. Every house that is built will need to be torn down to make way for something more important, he says.

7:34 p.m. Henry Herskovitz reminds the council that he’d told them last month how Israel had attacked the U.S.S. Liberty. Tonight he’s addressing the council on the topic of the Lavon Affair, which was a 1954 operation conducted by Israeli military intelligence that involved recruiting Egyptian Jews to strike U.S. and British civilian targets, which were then planned to be blamed on Muslim extremists. [Wikipedia link on Lavon Affair] Herskovitz traces the Lavon Affair to the policies of Eisenhower and Nasser. Lavon was an official who was forced to resign. Herskovitz quotes Malcom X, saying that the American public has been “bamboozled” on the issue of Israel.

7:37 p.m. Changming Fan introduces himself as president of TiniLite Inc. He thanks everyone, especially the council, for creating a model of volunteerism. He’s talking about the LDFA. He laments the lack of mention of jobs and manufacturing. He calls the leader of Ann Arbor SPARK a good salesperson. “Do something!” he shouts.

7:39 p.m. Carolyn Grawi is director of advocacy and education at the Ann Arbor Center for Independent Living, which is located on Research Park Drive. She’s addressing the zoning changes that are proposed on tonight’s agenda. She wants the council to make sure that the city’s infrastructure is brought up to speed, in terms of access, whenever there’s development. She’s advocating for sidewalks on Research Park Drive. She points out that the public bus only goes one way, because there’s no stop light to facilitate a left turn. As this area develops and grows, the city needs to pay attention to issues of access, she says.

7:40 p.m. Communications from the council. This is the first of two slots on the agenda for council communications. It’s a time when councilmembers can report out from boards, commissions and task forces on which they serve. They can also alert their colleagues to proposals they might be bringing forward in the near future.

7:42 p.m. Jane Lumm is alerting the council to a memo she’d sent to her colleagues about a proposed charter amendment. [link] She also announces a citizens’ participation meeting July 10 at 7 p.m. at the Plymouth Road Holiday Inn on a 500-unit Toll Brothers development on the west side of Nixon and Dhu Varren.

7:43 p.m. Sabra Briere also notes that the same development mentioned by Lumm will be discussed at the planning commission’s work session tomorrow at 7 p.m. here at city hall.

7:45 p.m. Mike Anglin says that many of the city’s documents includes a mention of “health, safety and welfare” but it’s often forgotten. He compliments the planning commission for invoking that notion in delaying the Glendale development at its last meeting on July 1, 2014. Until you can show that you won’t get flooding, no development should take place, Anglin says. He’s comparing the inconvenience to developers with the right to health, safety and welfare for citizens.

7:47 p.m. Margie Teall asks the rules committee to review the idea of “tabling.” She was disturbed at how the tabling motion was used at the council’s last meeting. Because a tabling motion is not subject to debate, it prevented a full discussion. She did not think the motion was used properly. So she is asking the rules committee to review the issue so that meetings could be more cooperative.

7:48 p.m. Communications from the mayor. Mayor Hieftje is welcoming the students from Skyline and Huron high schools.

7:48 p.m. MC-1 Appointments. The council is being asked to confirm the appointment of Audrey Wojtkowiak to the board of the Ann Arbor housing commission, filling vacancy left by Christopher Geer’s resignation.

7:48 p.m. Outcome: The council has approved the appointment of Audrey Wojtkowiak to the AAHC board.

7:48 p.m. MC-2 Nominations. Being nominated tonight to the airport advisory commission is Theresa Whiting, replacing John Sullivan. And being nominated as a reappointment to the energy commission is Shoshannah Lenski. Votes on those nominations will take place at the council’s next meeting.

7:51 p.m. Hieftje is now giving an update on the alarming growth of people who are using the Delonis Center, the homeless shelter, who are not from Washtenaw County. That figure is up to 40%, he says. In this coming winter, it might reach 50%, and we might need to turn people away, he says. He’d met with the leadership of the homeless shelter, Ellen Schulmeister, and the city’s lobbyist in Lansing, Kirk Profit. The issue is that other organizations outside the county are sending people to Ann Arbor’s homeless shelter – and they have apparently declined the shelter’s request to call ahead to alert the shelter that they are sending people here.

7:51 p.m. Public hearings. All the public hearings are grouped together during this section of the meeting. Action on the related items comes later in the meeting. Tonight there are five public hearings scheduled. The first three hearings are on the rezoning of properties owned by the Ann Arbor Housing Commission to be consistent with the AAHC’s renovation plans for its housing stock. [For additional background, see Development: Ann Arbor Housing Commission – Rezoning Final Approvals above.]

The fourth public hearing is on the confirmation of the special assessment for a sidewalk construction project on Stone School Road. [For additional background, see Infrastructure: Sidewalk Special Assessments above.] And the fifth hearing is on the site plan for an expansion of the Rudolf Steiner High School. [For additional background, see Development: Rudolf Steiner Site Plan above.]

7:53 p.m. PH-1 Green/Baxter rezoning. Thomas Partridge asks that all similar rezoning requests and site plan approvals be sent back and redrafted to include language that the land to be rezoned have significant access to people needing affordable housing on the land.

7:57 p.m. Jeff Hayner says that whenever land is rezoned from public land, there does need to be some extra concern. It needs to serve a public purpose, he says. He cautions against the possibility that the land could eventually serve a commercial purpose. He says that some people are salivating over the possibility of developing the Baker Commons property for commercial purposes.

7:57 p.m. That’s in for PH-1.

7:59 p.m. PH-2 Baker Commons rezoning. Thomas Partridge says there’s no justification for changing the zoning of Baker Commons. He calls for protections to ensure that the land continues to be used for affordable housing purposes. Ann Arbor is supposed to be a leader for human rights, he says, so this protection should be a part of every rezoning proposal that comes before the city council.

8:00 p.m. That’s it for PH-2.

8:03 p.m. PH-3 Maple Meadows rezoning. The previous two hearings concerned properties that are being rezoned from public land to a residential zoning, Thomas Partridge says. This one is not zoned as public land. He’s calling for affordable housing protections.

8:04 p.m. Hieftje is pointing out that all three properties are operated by the Ann Arbor Housing Commission.

8:05 p.m. PH-4 Stone School Road special assessment roll. Three representatives of the Jehovah’s Witnesses are addressing the council about the amount of the special assessment they’ve been assigned. They’re asking for some kind of waiver, given the nonprofit status of their organization. They’re asking for help and guidance. Hieftje tells them that city staff will provide them with options.

8:06 p.m. Jeff Hayner is telling the council that the cost for this project is twice the national average.

8:08 p.m. PH-5 Rudolf Steiner High School site plan. Jeff Hayner jokes that he’s not trying to usurp Partridge’s record of speaking turns. What “bums out” the neighborhood about this project is the loss of a 48-inch oak tree, he says. They’re planting 12 four-inch trees as remediation, which is good, he says. It would be nice to just move the tree, he says, like the University of Michigan is doing in a similar situation.

8:09 p.m. That’s it for PH-5.

8:09 p.m. Approval of minutes.

8:09 p.m. Outcome: The council has approved the minutes of its previous meeting.

8:09 p.m. Consent agenda. This is a group of items that are deemed to be routine and are voted on “all in one go.” Contracts for less than $100,000 can be placed on the consent agenda. This meeting’s consent agenda includes:

• CA-1: Traffic Calming on Wells Street ($23,920).
• CA-2: Approve purchase order to Cogsdale Corporation for annual software maintenance.
• CA-3: Approve street closings and special event provisions for Relevent Sports International Champions Cup Soccer Game (Aug. 2, 2014). Various streets around Michigan Stadium for three hours prior to the start of the game.
• CA-4: Approve street closures for University of Michigan football games for University of Michigan football games (2014 Season): Various streets around Michigan Stadium for three hours prior to the start of each home football game.
• CA-5: Approve street closings for Dancing in the Streets (Aug. 31, 2014): S. Main between Huron and Liberty, and Washington between S. Ashley and the alley on E. Washington toward S. Fourth Avenue, from 11 a.m. to 7:30 p.m.
• CA-6: Approve street closings for the Electric Bolt 8K Run/Walk (July 27, 2014): Various streets from 6-10 a.m.
• CA-7: Approve Street closings for Cleats and Beats (Aug. 1, 2014): These street closures would be on S. Main from E. William to Huron, on Liberty from S. Ashley to S. Fourth, and on Washington from S. Ashley to the alley by the parking structure. This is sponsored by the Ann Arbor Convention and Visitors Bureau. It appears to be a different event than the Eats, Beats and Cleats event for which the council unanimously rejected a street closure request last year. That was proposed to take place in a South University neighborhood with a lot of student housing.

8:09 p.m. Councilmembers can opt to select out any items for separate consideration. Briere pulls out CA-1 and CA-4.

8:10 p.m. Outcome: The council has approved the consent agenda with the exception of CA-1 and CA-4.

8:11 p.m. CA-1 Traffic Calming on Wells Street. Briere is highlighting the mixture of different solutions – traffic humps and crosswalks. She says it’s unfortunate that the petition did not extend all the way to Burns Park Elementary. Taylor thanks staff for working with residents – with respect to how the percent of residents voting for the petition was to be calculated.

8:12 p.m. Outcome: The council has approved CA-1.

8:15 p.m. CA-4 Approve street closures for University of Michigan football games for the 2014 season. Anglin is questioning why the time period for different lanes is different – three hours versus one hour.

8:15 p.m. Police chief John Seto is explaining the logic of the three-hour closure. He reviews how the original proposal back in 2013 was for three hours for both lanes. The reduction to one hour on one lane was a kind of compromise. Seto says that based on last year’s experience, the appropriate length of time was actually three hours.

8:18 p.m. Anglin is asking if the public was asked about their feeling. Seto said he had walked the neighborhoods, and reminds the council that he’d provided a report back to the council on how things had gone. He also notes that a public meeting was held last week with neighbors. Hieftje says that he’d read a report about that public meeting, and asks Seto to summarize. Seto reports that 8-10 residents had attended. The main concern was post-game traffic, he says. It’s important to educate people to the fact that Main Street is open after the game, he says. There will be more signs and more traffic cones, he says.

8:19 p.m. Seto also notes that there was a complaint about helicopter noise.

8:20 p.m. Petersen asks what the impact had been last year on the front-lawn parking businesses that residents operate. Seto says that issue wasn’t raised at this most recent public meeting. He reported that for those parking lots near Main Street, there’d been some impact. Deeper into the neighborhoods there was less impact. They’d also incorporated suggestions for improvement of signage and messaging boards.

8:22 p.m. Hieftje says that the point is to make the game safe for 110,000 people and Seto is going out of his way to work with one or two residents. Eaton thanks Seto for his work with residents. He’d attended the public meeting, though he’d arrived late. But he’d continued opposing the closing of the streets, because he didn’t see a real security risk. He complimented Seto, however, on the way he worked with residents.

8:23 p.m. Briere says it’s not about security, but rather about controlling traffic and she’d be opposing it.

8:24 p.m. Teall says the idea that the council would second-guess the advice of Homeland Security is scary. She’ll vote for it. Kunselman also says that he’ll vote for it. Inside the stadium and looking out on Main Street, he’d seen a billboard truck inching along – and he’d remarked to his wife: “That could have been it.” We need to minimize the possibility that something horrible could happen, he says.

Taylor says he respects professionals and professionalism. The city has been told on a number of occasions that this is a good step to take. There’s an impact to neighborhoods, but it is mitigated by AAPD. He didn’t see a rationale for voting against it. The threat is easy to articulate and imagine and the cost benefit on this is plain, he says. Briere asks for an amendment to enforce a one-hour closure after the game – if this is indeed about security.

8:29 p.m. Lumm asks for Seto’s view of keeping Main Street closed for an hour after the game. Seto says that was considered last year. It would be difficult tactically to do that. Getting people out of the stadium as quickly as possible would reduce risk, he says. Once people get onto the streets, it’s difficult to get them off the streets. [This is what happened at the Winter Classic.]

8:30 p.m. Seto says that closing the street for an hour after the game would give the AAPD “significant challenges.” Lumm thanks Seto, saying it’s a clear explanation.

8:32 p.m. Kailasapathy allows she’s not a football fan. She wonders if it really takes more than an hour for the foot traffic to disburse. Seto: “It depends.” He’s now explaining various scenarios. Teall takes back a statement about traffic management, saying it is about traffic management and making the stadium area as secure as possible.

8:33 p.m. Outcome: The council has approved CA-4 over the dissent of Briere, Kailasapathy and Eaton.

8:33 p.m. B-1 (AAHC) Rezoning of 2.42 Acres from PL (Public Land District) to R4A (Multiple-Family Dwelling District), Green/Baxter Court Apartments. This and each of the next two items is for final approval of rezoning of Ann Arbor Housing Commission properties. Initial approval by the city council for this and the next two rezoning items came at its June 2, 2014 meeting.

The current PL (public land) zoning for some of the properties is a vestige of the AAHC properties’ status as city-owned land. The city council approved the transfer of deeds to the AAHC at its June 2, 2013 meeting. The three sites given initial rezoning approval on June 2, 2014 are part of the housing commission’s major initiative to upgrade the city’s public housing units by seeking private investors through low-income housing tax credits. [For additional background, see Development: Ann Arbor Housing Commission – Rezoning Final Approvals above.]

8:37 p.m. Briere asks for AAHC executive director Jennifer Hall to come to the podium. She asks Hall to explain how the AAHC properties are protected for continued use as affordable housing, given their rezoning. Hall is reciting the history of the city’s ownership of the properties – but the land was transferred to the AAHC. The “cleanest” way to go about this was to rezone the property consistent with what is already there. The funders who are providing financial support for the AAHC renovations require that the zoning be appropriate. The underlying use for the property is determined by HUD, she says. So their use will continue as affordable housing, Hall says.

8:41 p.m. Kailasapathy asks how long HUD requires the use to be for affordable housing. Hall is explaining the different kinds of documents. The agreements are in 20-year increments. Kailasapathy wants to make sure the use is for affordable housing in perpetuity. Hall gives three “stopgaps” against other uses: HUD, the AAHC board, and the Ann Arbor city council, which appoints the AAHC board.

8:41 p.m. Anglin wants to dive into B-2. Hieftje asks him to wait.

8:41 p.m. Outcome: The council has voted to give final approval to the rezoning of Green/Baxter Court Apartments.

8:41 p.m. B-2 (AAHC) Rezoning of 0.94 Acre from PL (Public Land District) to D2 (Downtown Interface District), Baker Commons. [For additional background, see Development: Ann Arbor Housing Commission – Rezoning Final Approvals above.]

8:45 p.m. Anglin asks why the zoning that was selected for the property was D-2. He’s concerned that it would be perceived as “advantageous” to people who might want to acquire and develop the property. Planning manager Wendy Rampson explains that Baker Commons has about 112% FAR and D-2 allows 200%. So there’s more capacity there, she says. Anglin says that people in need should be kept closer to downtown – jobs and transportation. Eaton gets clarification that the overlay district is the First Street character district.

8:45 p.m. Outcome: The council has voted to give final approval for the Baker Commons rezoning.

8:45 p.m. B-3 (AAHC) Rezoning of 3.3 Acres from R1C (Single Family Dwelling District) to R4B (Multiple-Family Dwelling District), Maple Meadows. [For additional background, see Development: Ann Arbor Housing Commission – Rezoning Final Approvals above.]

8:46 p.m. Anglin asks Hall to describe meetings with the public. Hall says that there were not meetings with the public about these three sites. The required legal notifications were mailed out, she explains.

8:46 p.m. Outcome: The council has voted to give final approval to the Maple Meadows rezoning.

8:46 p.m. Recess. We’re in recess.

8:59 p.m. We’re back.

9:00 p.m. Hieftje ventures the council can get through the rest of the agenda fairly quickly if they keep moving.

9:01 p.m. C-1 (AAHC) Rezoning of 4.8 Acres from R1C (Single Family Dwelling District) to R4B (Multiple Family Dwelling District), North Maple Road. This item is similar to the first three rezoning actions for Ann Arbor Housing Commission properties – but this is the initial consideration by the city council. The planning commission had recommended the rezoning at its June 17, 2014 meeting after postponing it on June 3, 2014. The site is on the west side of North Maple, between Dexter Avenue and Hollywood Drive. [.pdf of staff report] The site plan calls for demolishing 20 existing single-family homes – the public housing complex known as North Maple Estates – and constructing an eight-building, 42-unit apartment complex with a total of 138 bedrooms. [For additional background, see Development: Ann Arbor Housing Commission – North Maple Rezoning above.]

9:01 p.m. Outcome: The council has voted to give initial approval to the North Maple Road rezoning.

9:01 p.m. C-2 Rezoning of 16.6 Acres from RE (Research Dwelling District) to ORL (Office/Research/Limited Industrial Dwelling District). The council is being asked to give initial consideration to the rezoning of six sites along Research Park Drive – from RE (research district) to ORL (office/research/limited industrial district). Related to that rezoning, in the next item, the council will be asked to give initial approval to amendments to the city’s zoning code to allow outdoor recreation as a special exception use in the ORL zoning district. The six lots are undeveloped and total 16.6 acres. Four of the lots, on the southern end of the site, are owned by Qubit Corp. LLC; BMS Holdings LLC owns the northern two sites. [For additional background, see Development: Research Park Drive – Rezoning, Recreation above.]

9:03 p.m. Lumm notes that this is for rezoning of undeveloped sites. The natural features analysis and traffic impact analysis will be addressed when site plans are approved, she says. Warpehoski asks for an update on the ZORO (Zoning Ordinance Reorganization) process. City attorney Stephen Postema says that assistant city attorney Kevin McDonald can email an update to all of council.

9:03 p.m. Outcome: The council has voted to give initial approval of the Research Park rezoning.

9:03 p.m. C-3 Amend zoning to allow outdoor places of recreation in the Office/Research/Limited Industrial (ORL) Zoning District [For additional background, see Development: Research Park Drive – Rezoning, Recreation above.]

9:03 p.m. Briere says that on the assumption that both of the items related to Research Park Drive come back at the next meeting, she wants the order flipped.

9:04 p.m. Outcome: The council has voted to give initial approval of the zoning amendment that would allow places of recreation in the ORL zoning district.

9:04 p.m. C-4 Amend Section 1:237 of Chapter 8 (Organization of Boards and Commissions). The council is being asked to give initial approval to a change to the ordinance on city boards and commissions. Among the changes is an amendment that makes clear that the city planning commission, energy commission and park advisory commissions make their appointments to the environmental commission without further city council approval needed. [For additional background, see Environmental Commission: Ordinance Change above.]

9:05 p.m. Briere is noting that it’s in front of the council as a first reading item. She thinks that it will clarify the ordinance.

9:05 p.m. Outcome: The council has voted to give initial approval to the change to the city ordinance on boards and commissions. For final enactment, the council will need to take a second vote at its next meeting.

9:05 p.m. DC-1 Appoint new members to the city of Ann Arbor environmental commission. The council is being asked to confirm three nominations to the EC, which were announced at the council’s June 16, 2014 meeting: Allison Skinner, Benjamin Muth and Mark Clevey.

9:05 p.m. Based on the staff written responses to councilmember questions, Mark Clevey’s name won’t be put forward tonight, because he is the selection by the energy commission to represent the energy commission on the EC. Once enacted, the energy commission appointment to EC (like that of other boards and commissions to the EC) would be for a one-year term. So his confirmation is being held until the ordinance revision is complete.

9:06 p.m. Briere says that because the ordinance is being amended, Clevey’s name is, in fact, being eliminated from consideration tonight.

9:06 p.m. Outcome: The council has voted to approve the appointments of Allison Skinner and Benjamin Muth to the environmental commission.

9:06 p.m. DC-2 Recommend approval of issuance of a downtown development district liquor license to RCAA Developments LLC (Ruth’s Chris Steak House). The council is being asked to approve a downtown development liquor license for Ruth’s Chris Steak House. The council approved the site plan for Ruth’s Chris – to be located on Fourth Avenue between William and Liberty – at its June 2, 2014 meeting.

9:07 p.m. Lumm, who chairs the liquor license review committee, is explaining the ins and outs of the 2006 statute that allows award of downtown development liquor licenses. The minimum investment is $75,000, but Ruth’s Chris is investing millions of dollars, she says.

9:09 p.m. Anglin, who also serves on the liquor license review committee, cautions against bringing in corporate entities – as other smaller entities without the deeper pockets to make this kind of investment would be pushed out. Hiefjte tells Anglin that it’s a tough problem.

9:10 p.m. Kunselman says it wasn’t that long ago when Kresge and Borders were downtown, so he’s offering a little different perspective. Whether new businesses are corporate or local, he wants them to provide jobs and places for residents to go and shop. He says he kind of misses the McDonald’s that was over on Maynard.

9:10 p.m. Outcome: The council has voted to recommend the award of a special downtown development liquor license to Ruth’s Chris Steakhouse.

9:10 p.m. DC-3 Approve temporary outdoor sales, service and consumption of alcoholic beverages during the 2014 Ann Arbor Art Fair. This resolution would allow several downtown businesses to serve alcohol outdoors during the Ann Arbor art fairs, to be held July 16-19 this year: Knight’s Restaurant (600 E. Liberty St.), Michigan Theater (603 E. Liberty St.), Neopapalis (500 E. William St.), Cottage Inn (508-512 E. William St.), New York Pizza Depot (605 E. William St.), Ashley’s Restaurant (338 S. State St.), Red Hawk Bar & Grill (316 S. State St.), and Pizza House (618 Church).

9:13 p.m. Lumm notes that the liquor license review committee had recommended this item for approval. Lumm says that city clerk Jackie Beaudry and assistant city attorney Mary Fales had been very nimble in dealing with a change by theMichigan Liquor Control Commission that required a 10-day review. This is the last day on which the council can approve this item, she says.

9:13 p.m. Outcome: The council has voted to approve outdoor liquor for several downtown businesses during the art fairs this year.

9:13 p.m. DC-4 Call public hearing on issuance of bonds by the Economic Development Corporation. This resolution sets a public hearing for Aug. 7, 2014 on the issuance of re-funding bonds by the city’s Economic Development Corporation that were originally issued to finance and refinance capital improvements for the benefit of Glacier Hills Inc. – a series in the amount of $23,245,000, of which $15,440,000 is presently outstanding and another series of bonds in the amount of $9,875,000, of which $4,545,000 is outstanding. The issuance of the re-funding bonds will not encumber the city in any way, according to the staff memo accompanying the resolution.

9:16 p.m. Lumm says she’s happy to co-sponsor this with Petersen. Lumm is reviewing the background of the re-funding of the bonds.

9:16 p.m. Outcome: The council has voted to approve the setting of a hearing on the issuance of bonds by the EDC.

9:16 p.m. DB-1 Approve the Rudolf Steiner High School building addition site plan. The private school is located at 2230 Pontiac Trail, north of Brookside. The project – estimated to cost $2.5 million – involves building a one-story, 19,780-square-foot addition to the existing classroom building. The structure will include a 9,990-square-foot gym, with the remaining 9,790 square feet used for classrooms and storage. [For additional background, see Development: Rudolf Steiner Site Plan above.]

9:16 p.m. Outcome: The council has voted to approve the Rudolf Steiner High School site plan.

9:16 p.m. DS-1 Confirm the Scio Church sidewalk special assessment roll. This is the first of three assessment rolls the council is being asked to approve tonight for sidewalk projects. [For additional background, see Infrastructure: Sidewalk Special Assessments above.]

9:19 p.m. Briere asks public services area administrator Craig Hupy about Hayner’s concerns – expressed during public comment – that the costs are too high. Hupy notes that the projects have not yet been bid and the numbers are just estimates. City engineer Nick Hutchinson also explains that there’s various curb and gutter and tree work that’s required in addition to the sidewalks. The reason that sidewalks don’t exist in these locations is that they’re challenging locations to install sidewalks, Hutchinson says.

9:21 p.m. Anglin asks about the 10% contingency that is built into contracts. He notes there were problems with the Madison Street reconstruction on the performance of the contractor. He wants specifications spelled out to contractors. The Madison job was left dormant for two months, he said, and that’s the reason it didn’t get done before winter. He ventures that the city should consider using a single-source contractor instead of taking the low bid.

9:23 p.m. Hupy says the 10% contingency can be adjusted up or down depending on the job. There are penalties for non-performance, he says. Hupy says that the city does impose penalties, even though you don’t hear about it. On the question of single-source contractors, assistant city attorney Abigail Elias quotes the one-word answer that a former city staffer, Bill Wheeler, gave regarding single source contracting for public works projects: “No.”

9:23 p.m. Outcome: The council has voted to confirm the Scio Church sidewalk special assessment roll.

9:24 p.m. DS-2 Confirm the Barton Drive sidewalk special assessment roll. [For additional background, see Infrastructure: Sidewalk Special Assessments above.]

9:24 p.m. Outcome: The council has voted to approve the Barton Drive sidewalk special assessment roll.

9:24 p.m. DS-3 Confirm the Stone School Road sidewalk special assessment roll. [For additional background, see Infrastructure: Sidewalk Special Assessments above.]

9:24 p.m. Outcome: The council has voted to approve the Stone School Road sidewalk special assessment roll.

9:24 p.m. DS-4 Authorize a contract with Cadillac Asphalt LLC for the water utilities street repair program ($344,600/year). The contract covers repair of streets after water mains, storm and sanitary sewers are repaired.

9:24 p.m. Outcome: The council has voted to approve the contract with Cadillac Asphalt LLC.

9:24 p.m. DS-5 Authorize contract with Stantec Consulting Michigan Inc. for $125,000; and Fishbeck, Thompson, Carr & Huber Inc. for $125,000 for general civil engineering and surveying services. The contracts cover general civil engineering and surveying services. Those services include a range of activities, according to the staff memo accompanying the resolution: design and management of capital improvement projects; private development construction plan review; private development utility and road construction inspection; traffic engineering; civil engineering design; construction inspection; drafting; and surveying.

9:25 p.m. Outcome: The council has voted to approve the contracts with Stantec Consulting Michigan Inc. and Fishbeck, Thompson, Carr & Huber Inc.

9:25 p.m. DS-6 Award contract for replacement of clarifier drive at the drinking water treatment plant to Titus Welding Company ($175,000). According to the staff memo accompanying the resolution, the clarifier drive to be replaced is original to the plant and was installed in 1965. It had an expected life of 30 years. It has begun to show signs of failure, included seizing, high vibration, and bearing failure. The drive has been assessed by the manufacturer and it has been determined that it is not cost-effective to repair, according to the memo.

9:25 p.m. Outcome: The council has voted to approve the contract with Titus Welding Company.

9:25 p.m. DS-7 Approve Amendment No. 2 to the contract with Tetra Tech Inc. for environmental consulting services at the Ann Arbor Landfill ($80,835). This contract amendment brings the total amount on the contract to $624,221. According to the staff memo accompanying the resolution, for several years the landfill has had a plume of 1-4 dioxane and vinyl chloride contamination offsite primarily in Southeast Area Park, northeast of the landfill. A slurry wall was constructed along most of the boundary of the landfill to eliminate groundwater passing through the landfill, and three purge wells were used to attempt to capture the offsite contamination.

9:27 p.m. Lumm expresses concern about the amendments and the growing cost. But with this issue, she ventures there’s not a lot that can be done about it – the city has to do what MDEQ says, she says.

9:27 p.m. Outcome: The council has voted to approve the contract with Tetra Tech Inc.

9:27 p.m. DS-8 Approve a contract with Renosys Corporation to install PVC pool liners at Buhr and Fuller pools ($205,055). The city is switching to PVC pool lines from Marcite, which is, according to a staff memo, a “cementitous product that covers the pool shell creating a smooth and waterproof surface.” The new product has a smoother surface, and won’t require the yearly patching required due to harsh winters and wear and tear on the pool, according to the staff memo.

9:28 p.m. Hieftje says he’s visited both pools in the last few weeks and he’d enjoyed his swims, and the people there seemed to be enjoying themselves.

9:28 p.m. Outcome: The council has voted to approve the contract with Renosys Corporation.

9:28 p.m. DS-9 Notice the intent to vacate two segments of Seybold Drive adjacent to the proposed Ann Arbor Housing Commission North Maple Road Development. This notice of vacation is related to the rezoning and renovation of Ann Arbor Housing Commission properties at North Maple Estates. [For additional background, see Development: Ann Arbor Housing Commission – North Maple Rezoning above.]

9:28 p.m. Outcome: The council has voted to give notice of intent to vacate two segments of Seybold Drive.

9:28 p.m. DS-10 Approve agreement between city of Ann Arbor and Washtenaw County for animal control services ($135,570). Background to the city’s agreement includes a long process of discussions and negotiations between Washtenaw County and the Humane Society of Huron Valley (HSHV) – a conversation that began in 2011 when the amount of funding provided to HSHV was under scrutiny. A task force was appointed, and ultimately the county board of commissioners, at its Nov. 7, 2012 meeting, authorized contracting with HSHV for $500,000 a year for animal control services. [.pdf of contract between Washtenaw County and HSHV]

Cited in the council’s July 7 resolution as the cost of public animal control countywide is $951,793. The assignment of $135,570 of that cost to the city of Ann Arbor is based on the proportion of dogs that come from Ann Arbor that are housed at HSHV, factoring in the $500,000 provided to the HSHV by Washtenaw County.

9:31 p.m. Lumm has some questions. She is pleased that efforts are underway to improve compliance with dog licensing. Powers says that planning is underway. After the August primary, the clerk will be helping to implement the initiative. Lumm reports that she’d called the clerk’s office number and received the recorded message. She asks that the message provide a menu option for dog licenses.

Responding to another query from Lumm, Powers says that the deer management report will be completed at the end of the month as specified in the council’s resolution.

9:33 p.m. Lumm says she gets a lot of questions from constituents, including: How do you get rid of a dead deer carcass. Lumm thanks Powers for his work with Washtenaw County and the HSHV. For many years, the city has not paid for animal control services, Lumm says. That placed an unfair burden on HSHV, she adds. We’re still not quite all the way there as far as reimbursing HSHV, she says. The resolution designates HSHV as the animal shelter under Chapter 107 of the city code, she notes.

9:33 p.m. Outcome: The council has voted to approve the contract with Washtenaw County for animal control services.

9:35 p.m. Communications from the council. Kailaspathy alerts the council to a communication from the human rights commission. It concerns the same-sex marriages that were solemnized in Michigan – and it calls on Gov. Rick Snyder and attorney general Bill Schuette to cease their appeal of the federal court decision.

9:37 p.m. Teall is reminding councilmembers of the start of Huron River Day. She also says on July 9 there’s an emergency preparedness exercise at Michigan Stadium. There will be a lot of public safety personnel on site, she says.

9:41 p.m. Warpehoski notes that Lumm had shared her proposed amendment to the charter earlier in the meeting. He thanks Lumm for that effort. He says he fears that the mayoral election will be decided by less than a majority of voters. He’s working with the city attorney on a California-style blanket open primary. He’s not sure if it will be ready for this year, but if not he’ll look at it for 2016. The proposal deals with the possibility of the winner having less than a majority mandate, and would move the decision to an election with higher turnout. A possible downside, he explains, is that it could heighten the impact of money in elections. He’s also exploring the possibility of shifting to four-year election cycles. He’s not sure if it will be ready, but he wanted to follow Lumm’s example of alerting people to what he was working on.

9:42 p.m. Hieftje refers to state-level encouragement to communities that have elections every year to move them so that they are only every two years.

9:44 p.m. Lumm is happy to hear Warpehoski’s report of the work he’s doing. She ventures that a lot of people will want to provide some input into that question. She wants the question of non-partisan elections to be addressed. “This is absolutely something we should look at,” she says.

9:45 p.m. Briere says she wants to encourage people to consider not just the office of councilmember, but also for mayor as they think about this issue.

9:46 p.m. Kunselman says he’s taken the Ward 3 seat twice with less than 50% of the vote. He’s now asking about the DDA ambassador program. He wants to know if the DDA is going to use TIF (tax increment finance) or parking revenues for that program.

9:46 p.m. Clerk’s report.

9:46 p.m. Outcome: The council has voted to accept the clerk’s report.

9:46 p.m. Public commentary. There’s no requirement to sign up in advance for this slot for public commentary.

9:48 p.m. Kai Petainen is at the podium. He asks the council to send the minutes from a March LDFA meeting back to the LDFA board because they indicate that he’d been a client of the business accelerator. He says he wasn’t.

9:50 p.m. Ed Vielmetti says that he’s noticed while riding his bicycle around town there’s a lot of bike lanes that are poorly marked. He’s not sure what the process is for reporting the erosion of striping. He asks that a city traffic engineer review the intersection at Hill and Packard. There was a left-turn lane created for the East Stadium bridges project, that might not be needed any longer, he says.

9:50 p.m. Thomas Partridge asks for the council to provide leadership to oversee the work of contractors in the city.

9:56 p.m. Jeff Hayner asks that as the Barton Drive sidewalk project gets done, some type of traffic control is considered. He’s commenting on the charter amendments that councilmembers have talked about. He asks councilmembers to consider the timing of elections when millages are passed, noting that the recent transit millage was passed with roughly 12% participation.

9:56 p.m. Closed session. The council has voted to go into closed session to discuss land acquisition, pending litigation and attorney-client written communication.

10:27 p.m. We’re back.

10:28 p.m. Adjournment. We are now adjourned. That’s all from the hard benches.

A sign on the door to the Ann Arbor city council chambers gives instructions for post-meeting clean-up.

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Screenshot of Legistar – the city of Ann Arbor’s online agenda management system. Image links to the July 7, 2014 meeting agenda.

A month before the dog days actually begin, the council will be considering as part of its July 7 agenda a resolution that would pay Washtenaw County $135,570 for animal control services. The county in turn contracts with the Humane Society of Huron Valley for those services. This is a new arrangement, based on recommendations from a 2012 county task force. The idea is that local governments in the county with their own dog licensing programs, which generate revenue through licensing, should shoulder part of the cost of the county’s animal control contract. Ann Arbor has its own dog licensing program.

The July 7 agenda is heavy with items related to infrastructure. Three special assessments for the construction of new sidewalks are on the agenda for final approval: Stone School Road, Barton Drive and Scio Church Road. And the council will be considering approval of contracts for street repair associated with utilities work, the replacement of a clarifier at the drinking water treatment plan, the replacement of liners for the swimming pools at Buhr and Fuller parks, and for monitoring work at the now-dormant Ann Arbor city landfill.

Several development items also appear on the July 7 agenda. The rezoning of three Ann Arbor Housing Commission (AAHC) properties will be given final consideration in connection with major renovations and improvements the commission is making to its inventory – at Baker Commons, Green/Baxter Court Apartments, and Maple Meadows. Initial approval for rezoning of another AAHC property is also on the council’s agenda: North Maple Estates.

In addition to the AAHC properties, the council will consider rezoning for parcels on Research Park Drive, in the southern part of the city, and a site plan for the expansion of Rudolf Steiner High School on the city’s north side.

The council will give initial consideration to changes in the ordinance that defines how city boards and commissions are appointed – changes that focus on the environmental commission. The changes involve clarifications of the nomination process and other housekeeping issues. The council will also consider confirmation of three appointments to the environmental commission: Allison Skinner, Benjamin Muth and Mark Clevey.

The summertime theme of the agenda is reflected in the approval of temporary outdoor sales and consumption of alcohol for several downtown businesses during the art fairs, which run from July 16-19. A permanent liquor license for Ruth’s Chris Steakhouse also appears on the council’s agenda. The theme of transition from summer to fall is reflected on the council’s July 7 agenda in the set of street closing approvals, which include closings around the University of Michigan stadium for home football games.

This article includes a more detailed preview of many of these agenda items. More details on other agenda items are available on the city’s online Legistar system. The meeting proceedings can be followed Monday evening live on Channel 16, streamed online by Community Television Network starting at 7 p.m.

Animal (Dog) Control Services

The council will be considering a $135,570 agreement between the city of Ann Arbor and Washtenaw County for animal control services.

Background to the city’s agreement includes a long process of discussions and negotiations between Washtenaw County and the Humane Society of Huron Valley (HSHV) – a conversation that began in 2011 when the amount of funding provided to HSHV was under scrutiny. A task force was appointed, and ultimately the county board of commissioners, at its Nov. 7, 2012 meeting, authorized contracting with HSHV for $500,000 a year for animal control services. [.pdf of contract between Washtenaw County and HSHV]

Recommended as a part of that task force report was for the county to pursue a cost-sharing arrangement with those municipalities in the county that collect licensing fees for animals. The city of Ann Arbor is one such municipality in the county. From the task force report:

Cost Sharing with Local Governments
Between 45 and 65 percent of the animals at the Humane Society come from jurisdictions with their own animal control ordinances or licensing programs. While the County would bear responsibility for stray dogs in those jurisdictions absent a controlling ordinance, it would also collect licensing fees from pet owners in those communities. The current system, however, drives costs to the County without providing direct revenues to offset them. The Task Force recommends that the County reach out to the communities whose ordinances either exceed the scope of the County animal control policy or that capture licensing fees, and develop a cost sharing agreement with those local governments to offset increases driven by local ordinance requirements. [.pdf of 2012 task force report]

Cited in the council’s July 7 resolution as the cost of public animal control countywide is $951,793. The assignment of $135,570 of that cost to the city of Ann Arbor is based on the proportion of dogs that come from Ann Arbor that are housed at HSHV, factoring in the $500,000 provided to the HSHV by Washtenaw County.

The city council’s approved FY 2015 budget had already included $105,000 for such animal control services. Increased dog licensing revenue is projected to fund the remaining $32,570, according to the staff memo accompanying the resolution.

The city council’s FY 2015 budget deliberations on May 19 , 2014 resulted in two amendments that affected funding for animal control services. One was an amendment that re-allocated $75,000 for a commercial sign inventory to animal control, including deer herd management. The other was an amendment that adjusted the revenue budget upwards to reflect an assumed 30% participation rate for dog licensing in the city – which would be a total of about $63,000. That’s $48,000 more than the actual amount up to now, with the idea being that a publicity campaign could increase participation in the licensing program. The additional revenue is to be put towards animal control.

Infrastructure: Sidewalk Special Assessments

At its July 7 meeting, the city council will consider the final vote on the special assessment of property owners to help pay for construction of three different sidewalks – on Stone School Road, Barton Drive and Scio Church Road.

The new sidewalk on Stone School Road will be on the west side of the road. This work will be done in conjunction with the Stone School Road reconstruction project from I-94 to Ellsworth Road. The total sidewalk project cost is roughly $128,500, of which about $55,000 will be special assessed. A public hearing on the special assessment will also take place at the council’s July 7 meeting.

The Barton Drive sidewalk project will extend eastward from Bandemer Park at Longshore Drive. The cost of the Barton Drive sidewalk has been calculated to be $80,606. Of that, about $36,000 will be paid from federal surface transportation funds. Of the remaining $44,606, the city’s general fund would pay $42,626, leaving just $1,980 to be paid through the special assessment.

For the Scio Church sidewalk project, the total cost is expected to be $365,100. Of that, about $164,000 will be paid from a federal surface transportation grant. The remaining $201,100 will be paid out of the city’s general fund and by the special assessment of just $1,626.

Infrastructure: Public Services Contracts

Several contracts appear on the council’s July 7 agenda that are related to infrastructure maintenance and repair. The council will be considering a $344,600 contract with Cadillac Asphalt LLC for repair of streets after water mains, storm and sanitary sewers are repaired. The city’s public services area does not have the equipment or the staff to perform these types of street repairs, which often involve the replacement of the concrete base or the concrete street surface, according to the staff memo accompanying the resolution.

The city council will also consider awarding a $175,000 contract to replace a clarifier drive in the drinking water treatment plant – to Titus Welding Company. According to the staff memo accompanying the resolution, the drive to be replaced is original to the plant and was installed in 1965. It had an expected life of 30 years. It has begun to show signs of failure, included seizing, high vibration, and bearing failure. The drive has been assessed by the manufacturer and it has been determined that it is not cost-effective to repair, according to the memo.

The council will also consider a $205,055 contract with Renosys Corp. to install PVC pool liners at Buhr and Fuller pools. The city is switching to PVC from Marcite, which is, according to a staff memo, a “cementitous product that covers the pool shell creating a smooth and waterproof surface.” The new product has a smoother surface, and won’t require the yearly patching required due to harsh winters and wear and tear on the pool, according to the staff memo.

The council will consider a $80,836 contract amendment with Tetra Tech Inc. for environmental consulting services at the now-closed Ann Arbor landfill. That brings the total amount on the contract to $624,221. According to the staff memo accompanying the resolution, for several years the landfill has had a plume of 1-4 dioxane and vinyl chloride contamination offsite primarily in Southeast Area Park, northeast of the landfill. A slurry wall was constructed along most of the boundary of the landfill to eliminate groundwater passing through the landfill, and three purge wells were used to attempt to capture the offsite contamination.

Also on the July 7 agenda is a resolution for $125,000 contracts with Stantec Consulting Michigan Inc. and Fishbeck, Thompson, Carr & Huber Inc. for general civil engineering and surveying services. Those services include a range of activities, according to the staff memo accompanying the resolution: design and management of capital improvement projects; private development construction plan review; private development utility and road construction inspection; traffic engineering; civil engineering design; construction inspection; drafting; and surveying.

Development

On the council’s agenda are a number of rezoning requests and site plans associated with new development in the city.

Development: Research Park Drive – Rezoning, Recreation

On the city council’s July 7 agenda for initial consideration is the rezoning of six sites along Research Park Drive – from RE (research district) to ORL (office/research/limited industrial district). Related to that rezoning, the council will be asked to give initial approval to amendments to the city’s zoning code to allow outdoor recreation as a special exception use in the ORL zoning district.

The six lots are undeveloped and total 16.6 acres. Four of the lots, on the southern end of the site, are owned by Qubit Corp. LLC; BMS Holdings LLC owns the northern two sites.

A proposed area plan – which is less detailed than a site plan – includes an indoor-outdoor tennis facility on one of the lots. It also includes five two-story buildings that could accommodate office, research, and limited industrial uses on the remaining lots, each with their own parking lot and access point to Research Park Drive.

Prior to construction, the project must go through the city’s site plan approval process, which might require a traffic impact study.

Only the initial rezoning and the amendment allowing recreation as a special exception use will be in front of the council at its July 7 meeting. The planning commission recommended support of both actions at its June 3, 2014 meeting.

Aerial view showing Research Park Drive parcels.

Area plan for four sites in a proposed development on Research Park Drive. The image is oriented with east at the top.

Development: Rudolf Steiner Site Plan

On the July 7 city council agenda is the approval of a site plan for the expansion of the Rudolf Steiner High School. The private school is located at 2230 Pontiac Trail, north of Brookside. The planning commission had recommended approval of the site plan at its June 3, 2014 meeting.

The project – estimated to cost $2.5 million – involves building a one-story, 19,780-square-foot addition to the existing classroom building. The structure will include a 9,990-square-foot gym, with the remaining 9,790 square feet used for classrooms and storage.

According to the staff memo, an existing Quonset hut on the east side of the site will be removed, as will a 48-inch white oak tree immediately east of the proposed addition. The school will be required to plant 12 trees for mitigation. In addition, 17 new trees will be planted as part of the project.

Parking will be increased by 31 spaces to accommodate special events and discourage parking in nearby neighborhoods, according to the staff memo. A total of 32 bicycle parking spaces will be provided near the north entry to the new addition. No additional enrollment beyond the previously approved 120 students is proposed. The school has operated at that location since 2002.

Site plan for Rudolf Steiner High School expansion. The yellow section is the existing building. The white section indicates the proposed addition.

At their June 3 meeting, planning commissioners approved a special exception use for the project. That’s required under Chapter 55 of the city’s zoning code because the site is zoned R1D (single family dwelling). Private schools are allowed within that zoning district, if granted a special exception use. The planning commission has discretion to grant a special exception use, which does not require additional city council approval.

Development: AAHC Rezoning Final Approval

On the council’s agenda for July 7 is the final approval to the rezoning of three Ann Arbor Housing Commission properties that have been given initial approval by the city council. The planning commission had recommended the rezonings at its May 6, 2014 meeting. Initial city council action came at its June 2, 2014 meeting.

The current PL (public land) zoning for some of the properties is a vestige of the AAHC properties’ status as city-owned land. The city council approved the transfer of deeds to the AAHC at its June 2, 2013 meeting. The three sites given initial rezoning approval on June 2, 2014 are part of the housing commission’s major initiative to upgrade the city’s public housing units by seeking private investors through low-income housing tax credits.

Rezoning is in progress for the following public housing sites, two of which are currently zoned as public land:

• Baker Commons: Rezone public land to D2 (downtown interface). The 0.94-acre lot is located at 106 Packard Street, at the intersection with South Main, in Ward 5. It includes a 64-unit apartment building.
• Green/Baxter Court Apartments: Rezone public land to R4A (multi-family dwelling district). The 2-acre site is located at 1701-1747 Green Road and contains 23 apartments in four buildings and a community center. It’s in Ward 2.
• Maple Meadows: Currently zoned R1C (single-family dwelling district), the recommendation is to rezone it as R4B (multi-family dwelling district). The site is 3.4 acres at 800-890 South Maple Road and contains 29 apartments in five buildings and a community center. It’s located in Ward 5.

At the planning commission’s May 6 meeting, AAHC director Jennifer Hall explained that PL zoning doesn’t allow housing to be built on a parcel. As AAHC seeks private funding to rehab its properties, it needs to ensure if a building burns down, for example, it could be rebuilt. In general that’s why the rezoning is being requested. It’s also being requested to align the zoning with the current uses of the property. She stressed that the highest priority properties to be rezoned are Baker Commons, Green/Baxter and Maple Meadows, because investors have already been found to renovate those sites.

For these three sites, planning commissioners also voted to waive the area plan requirements for the AAHC rezoning petitions, because no new construction is proposed and surveys of the improvements have been provided.

For additional background on the AAHC process of renovating its properties, see Chronicle coverage: “Public Housing Conversion Takes Next Step.”

Development: Ann Arbor Housing Commission – Appointment

Also at its July 7 meeting, the council will be asked to confirm the appointment of Audrey Wojtkowiak to the board of the Ann Arbor Housing Commission, to fill the vacancy of Christopher Geer. Wojtkowiak’s nomination was made at the council’s June 16 meeting. She’s controller for the Consolidation Center at Detroit Diesel.

Development: Ann Arbor Housing Commission – North Maple Rezoning

On the council’s July 7 agenda is initial consideration of rezoning that’s necessary for a renovation project to be undertaken by the Ann Arbor Housing Commission for a site on North Maple.

Aerial view of North Maple Estates site, outlined in green.

The council will be asked to give initial approval to rezoning the 4.8-acre site at 701 N. Maple Road – from R1C (single-family dwelling district) to R4B (multi-family dwelling district).

The planning commission had recommended the rezoning at its June 17, 2014 meeting after postponing it on June 3, 2014.

The site is on the west side of North Maple, between Dexter Avenue and Hollywood Drive. [.pdf of staff report]

The site plan calls for demolishing 20 existing single-family homes – the public housing complex known as North Maple Estates – and constructing an eight-building, 42-unit apartment complex with a total of 138 bedrooms. The units range in size from one bedroom to five bedrooms. The project would include a playground, community building and 73 parking spaces. According to a staff memo, the buildings would be located along a T-shaped driveway that connects to North Maple Road and Dexter Avenue. The drive extends northward toward Vine Court but does not connect with that street. There would be a new connection to Dexter Avenue through the remaining, undeveloped length of Seybold Drive.

The project will require the city to vacate a portion of the right-of-way for Seybold Drive. The surrounding land is owned by the housing commission, so if the right-of-way vacation is approved, the land would become part of the housing commission property.

The site plan will not be in front of the city council on July 7. Only the initial rezoning approval and a resolution of intent to vacate right-of-way for Seybold Drive appear on the agenda. That resolution of intent sets a public hearing for Aug. 18, 2014 – the same council meeting when a vote will be taken on the vacation’s approval. The rezoning will also need a second vote of approval from the council at a future meeting.

Planning staff noted three issues that need to be resolved before the project gets approval from city council:

The parcel containing two duplex buildings also owned by the Ann Arbor Housing Commission in the northeast corner of the site must be combined with the subject site, forming a single parcel as a requirement for issuance of any permits.

The legal description and comparison chart data must be confirmed to include the duplex parcel.

The northern-most parking stall, nearest the connection to Vine Court, must be relocated outside of the minimum front setback area.

According to the staff memo, after the planning commission’s June 3 meeting the city’s traffic engineer reviewed the proposed new connection from Seybold Drive onto Dexter Avenue, and concluded that sight distances from all approaches are acceptable. He suggested that the pavement markings on Dexter should be refreshed.

The reconstruction of North Maple Estates is part of an ongoing effort by the housing commission to upgrade the city’s housing stock for low-income residents. At the planning commission’s May 6, 2014 meeting, AAHC executive director Jennifer Hall had made a presentation about the initiative, which includes seeking private investors through low-income housing tax credits.

Environmental Commission

The city’s environmental commission appears in two different agenda items – one that amends the city ordinance establishing the commission, and another that nominates additional members to the commission.

Environmental Commission: Ordinance Change

The council will be giving initial consideration to a change to the city ordinance that regulates how appointments are made to the environmental commission (EC). The EC is one of the few boards or commission in the city for which the mayor does not make nominations. The more familiar procedure – for most boards and commissions – includes a mayoral nomination at one council meeting, followed by the confirmation vote of the council at a subsequent meeting.

In the past, the council has mimicked this procedure for the EC by having some councilmember put a resolution on the agenda appointing a member to the EC, and then postponing the resolution until the next meeting. The ordinance revisions clarify that the nominations put forward by the council as a body to the EC are to be made by the two councilmembers who serve as the council’s representatives to the EC.

Besides two slots for council representatives, the EC includes positions for members of the planning commission, park advisory commission, and energy commission. The ordinance revision that the council will be considering on July 7 makes clear that those groups make their appointments to the EC without further city council approval. This specific revision comes after the planning commission had selected Kirk Westphal from its membership to serve on the EC earlier this year, and some councilmembers voted against his confirmation, when the council was asked to confirm his selection two months ago. For background on that vote, see “Hutton, Westphal Reappointed to EC.”

The staff memo summarizes the changes to the ordinance regulating appointments to boards and commissions as follows:

• clarifies that the councilmembers currently serving on the environmental commission nominate persons for “at-large” appointments, which are then approved by council resolution;
• clarifies that the planning commission, park advisory commission, and energy commission each designate a representative to the environmental commission without council approval and for a one-year term;
• clarifies that the 3-year terms should be equally staggered;
• removes references to the Leslie Science Center Advisory Board, which no longer exists;
• requires the city administrator or the designated support staff of the environmental commission to notify council of vacancies – previously this was delegated to the clerk’s office, which does not always have immediate knowledge of vacancies;
• contains a few minor, non-substantive corrections and clarifications.

If the council gives the ordinance amendment initial approval on July 7, it would still need a second and final vote at a subsequent meeting, in order to be enacted.

Environmental Commission: Appointments

Also on the agenda are confirmation of three nominations to the EC, which were announced at the council’s June 16, 2014 meeting: Allison Skinner, Benjamin Muth and Mark Clevey.

Clevey is the representative to the EC selected by the energy commission, so this confirmation will not follow the ordinance amendment for which the council will be asked to give initial approval on July 7.

Liquor

At its July 7 meeting, the city council will be considering two items related to serving alcohol. One is an item that would allow several downtown businesses to serve alcohol outdoors during the Ann Arbor art fairs, to be held July 16-19 this year:
Knight’s Restaurant (600 E. Liberty St.), Michigan Theater (603 E. Liberty St.), Neopapalis (500 E. William St.), Cottage Inn (508-512 E. William St.), New York Pizza Depot (605 E. William St.), Ashley’s Restaurant (338 S. State St.), Red Hawk Bar & Grill (316 S. State St.), and Pizza House (618 Church).

The second item is a downtown development liquor license for Ruth’s Chris Steak House. The council approved the site plan for Ruth’s Chris – to be located on Fourth Avenue between William and Liberty – at its June 2, 2014 meeting.

Street Closings

The consent agenda includes approvals of street closings for special events, which provide a window into what’s happening in the coming weeks. Events with street closings on the July 7 city council agenda include:

• Electric Bolt 8K Run/Walk (July 27, 2014): Various streets from 6-10 a.m.
• Cleats and Beats (Aug. 1, 2014): These street closures would be on S. Main from E. William to Huron, on Liberty from S. Ashley to S. Fourth, and on Washington from S. Ashley to the alley by the parking structure. This is sponsored by the Ann Arbor Convention and Visitors Bureau. It appears to be a different event than the Eats, Beats and Cleats event for which the council unanimously rejected a street closure request last year. That was proposed to take place in a South University neighborhood with a lot of student housing.
• Relevent Sports International Champions Cup Soccer Game (Aug. 2, 2014). Various streets around Michigan Stadium for three hours prior to the start of the game.
• University of Michigan football games (2014 Season): Various streets around Michigan Stadium for three hours prior to the start of each home football game.
• Dancing in the Streets (Aug. 31, 2014): S. Main between Huron and Liberty, and Washington between S. Ashley and the alley on E. Washington toward S. Fourth Avenue, from 11 a.m. to 7:30 p.m.

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Jeannine Palms, who served on a citizens advisory committee to make recommendations for the county-owned property at 2260-2270 Platt Road, talks with commissioner Andy LaBarre (D-District 7), who helped lead that effort. Palms spoke during public commentary to praise the process and urge commissioners to adopt the recommendations. (Photos by the writer.)

A citizens advisory committee made recommendations for the 13.5-acre site at 2260-2270 Platt Road, and included the desire to use a portion of the land for affordable housing. Inclusion of affordable housing is a condition for accepting a $100,000 planning grant from the state, and that condition worried some commissioners. Rolland Sizemore Jr. (D-District 5) was particularly vocal in disagreeing with this approach. He suggested selling the land instead, then using the proceeds to pay for repairs and renovations of existing houses in the county, including those for sale through tax foreclosure auctions.

The board voted to give initial approval to the Platt Road recommendations, over dissent from Sizemore. A final vote is expected on Feb. 19. If approved, the county would then launch a much broader community planning process to determine the future use of that site.

Also debated at length was a proposal to hire a contract worker who would support budget-related work for the county board and administration. Commissioners had also discussed this issue during the board’s Jan. 22, 2014 meeting, when Ronnie Peterson (D-District 6) questioned the process for hiring this kind of staff support. On Feb. 5, several commissioners expressed concern about spending money on this position and wanted more details about funding and duties. Those concerns led to a unanimous vote to postpone the item until March 5.

A proposal to create a dental clinic for low-income residents received initial approval on Feb. 5, over dissent from Dan Smith (R-District 2). The $1.5 million project includes partnering with the nonprofit Michigan Community Dental Clinics Inc. to run the clinic and with St. Joseph Mercy Health System, which would contribute space at its Haab Building in Ypsilanti at little to no cost. A final vote is expected on Feb. 19.

In other action, the board gave final approval to two items with no significant discussion: (1) creation of a new countywide program to help finance energy-efficiency projects for commercial properties – the Property Assessed Clean Energy (PACE) program; and (2) a new ordinance that allows the county to issue municipal civil infractions for owning an unlicensed dog. The county treasurer’s office – which is responsible for administering the dog licenses – expects to implement the changes in June or July, following an educational outreach effort.

Commissioners also passed a resolution urging Gov. Rick Snyder to use the state’s budget surplus in part for road repair, and approved a resolution honoring local attorney Jean Ledwith King for her service on the county’s historic district commission.

Commissioner Yousef Rabhi (D-District 8) gave an update on efforts to address services to the homeless community. Advocates for the homeless had attended the board’s previous meeting, on Jan. 22, 2014. The board received a more detailed update on this situation at its Feb. 6 working session. That session will be covered in a separate Chronicle report.

Platt Road Property

Recommendations from a citizens advisory group for Platt Road property owned by Washtenaw County were on the Feb. 5 agenda for initial approval.

The 13.5-acre site at 2260 and 2270 Platt Road formerly housed the juvenile center. The advisory committee, which was created by the board on Sept. 18, 2013 and met three times late last year, recommended that the county use a $100,000 grant from the Michigan State Housing Development Authority (MSHDA) to fund a community design process for the property.

The committee recommended that the county keep the property until a design process is completed, according to a committee report. Specifically:

The CAC identified through consensus a number of principles that could apply to the site including demonstration for green technologies and sustainable design, mixed use, mixed income including affordable and moderately priced housing, minimized parking spaces, alternative transit, varied types and forms of housing for people of different ages, an urban village, less impervious surface, lower auto footprint, integration with neighborhood, visionary design, draws people to the site, opportunities to grow businesses, and connections to County Farm Park. In order to fit into its surroundings, the final composition of this site should serve to transition from the commercial aspects of Washtenaw Ave., the residential aspects of the local neighborhoods and the natural aspects of the County Park facility. Finally, it should incorporate uses that reflect its value as a county property and bring the opportunity of use or value for all Washtenaw County residents.

One of the resolved clauses stated that the county would commit to using a portion of the property for affordable housing. That’s a condition of accepting the $100,000 planning grant from MSHDA. The grant is part of a $3 million federal grant awarded to the county in 2011 and administered by the county’s office of community & economic development (OCED).

The resolved clause states:

BE IT FURTHER RESOLVED that the Board of Commissioners directs the CAC to assist in hosting an intensive multi-day community design process to create a plan for the site, inclusive of affordable housing;

The resolution also directs the advisory committee to provide more detailed analysis and recommendations by Sept. 31, 2014.

Committee members are: Ron Emaus, Jeannine Palms, Vickie Wellman, Rob Burroughs, Amy Freundl, Pete Vincent, Christopher Taylor (Ann Arbor city councilmember), and Jennifer Hall (Ann Arbor housing commission director). Also serving on the committee were Washtenaw County staff members Meghan Bonfiglio of the county parks & recreation commission; Greg Dill, director of infrastructure management; and Mary Jo Callan, director of the office of community & economic development. County commissioners on the committee are Yousef Rabhi and Andy LaBarre, who both represent districts in Ann Arbor.

Platt Road Property: Board Discussion

Andy LaBarre (D-District 7) thanked members of the advisory committee for their work. Yousef Rabhi (D-District 8) described the work as a citizen-driven process, and reminded commissioners that they had discussed the need for citizen input when they created this committee last year. People had brought their ideas and values to the table, he said, and the committee was able to reach consensus so they hadn’t even needed to take a vote on the final report.

Rabhi said he didn’t think approval of these recommendations by the board was a vote about what to do with the property. It’s just a step, he said, and there will be additional, broader community engagement before anything is decided.

Ronnie Peterson (D-District 6). In the background is Andy LaBarre (D-District 7).

Ronnie Peterson (D-District 6) said he appreciated the citizens involvement and valued their input. He cautioned that voting on the recommendations meant that the board would be adopting them, which would lead to more limited flexibility – specifically related to affordable housing. He’d be more comfortable simply accepting the recommendations. This is a different process than the county typically uses to dispose of its property, he noted.

Peterson didn’t think the county should be in the housing business, but the recommendations indicate that the county would be committed to providing affordable housing on that Platt Road site. He noted that the value of the property is estimated at $2 million or more, and that could be used for the good of all Washtenaw County residents.

Conan Smith (D-District 9) said it was important for the board to approve the recommendations. He indicated that unless he was misreading the resolution, he thought it meant that the board is just committing to a community-based process, rather than the usual way that the county deals with property. He noted that there wasn’t a community-based process when the county expanded the jail, for example. He thought it was a good commitment to make to the neighborhood, though any final decision about what to do would be made by the board.

LaBarre described the resolution as having four central elements: (1) that the county doesn’t sell all of the property, (2) that the property includes some aspect of affordable housing, (3) that development on the property should match its surrounding environment, including the commercial corridor of Washtenaw Avenue, the residential neighborhoods, and County Farm Park, and (4) that the site should include an asset that the whole county can benefit from and use.

Approving the recommendations would allow the county to leverage MSHDA dollars for a “super process” of community engagement, LaBarre said. The specific recommendations from that broader process would be acted on by the board. “We are not committing ourselves to a design process,” he said, in terms of specific actions.

Mary Jo Callan, director of the county’s office of community & economic development, came to the podium. She said the committee is asking that the county not sell the property outright, but instead go through a community engagement process that is deliberative and visionary.

She clarified that the recommendations ask the county to retain at least a portion of the land, and to include at least some affordable housing.

Conan Smith (D-District 9).

Conan Smith wondered what would happen to the MSHDA funding if the process results in a decision not to include affordable housing on that site. “Do we owe that money back to MSHDA?” he asked.

Callan clarified that the second resolved clause of this resolution would commit the county to including affordable housing on some portion of the site. It might be mixed income, or at income levels to be determined by the board. But MSHDA would invest funding in a planning process only if some portion of the site is used for affordable housing, she said. At this point, Callan added, “that portion is undefined.”

Smith worried that the county would owe the funding back to MSHDA if the community engagement process results in a decision not to include affordable housing. Callan replied that the site “is a county asset, and it is to be disposed of by the county board.” Sometimes the board’s decisions involve overlaying values onto the process, she noted, as the board did when it supported the Delonis Center homeless shelter.

So by approving the resolution, the board would be committing to include affordable housing on that site. Callan said she could follow up with MSHDA to confirm the agency’s position, but her opinion based on previous experience with the agency is that they’d tell the county to fund its planning process some other way if there isn’t a commitment to affordable housing.

Conan Smith said he’d be willing to put county dollars into the planning process, but at the least the county should be aware of a financial risk involved.

Rabhi said he sensed the concern that was developing among commissioners. Any time you have a discussion, you have to set parameters for that, he said, and it’s OK to do that. The recommendations outline principles that the advisory committee would like the county to adhere to during its broader planning process, Rabhi said. “If we believe in that vision, then it’s OK for us to lead. That’s what we’re elected to do.” That’s what the board is voting on, he added – a commitment to lead. He supported the resolution. Even if it turns out that the county can’t use the MSHDA funding, he said, it would be good to invest in this kind of planning process.

Rolland Sizemore Jr. (D-District 5) said he’s asked many people what affordable housing is, and each person has a different answer. He didn’t support the resolution, and didn’t know why the board needed to approve anything at this point. He noted that a portion of the 13.5-acre site can’t be built on because of a small wetland area located there. “To me, if feels like I’m being set up in some way,” he said.

Peterson said he hadn’t planned for this to be a big discussion, but he again stressed the importance of involving citizens in the process. He indicated that he was troubled by other commissioners who had “challenged my intelligence about my ability to comprehend resolutions.” He said he supported affordable housing in Ann Arbor. “All affordable housing should not be on the eastern part of the county,” Peterson said. [District 6, which Peterson represents, includes Ypsilanti and portions of Ypsilanti Township, on the county's east side.]

To get the funding from MSHDA, Peterson noted, the board needs to approve the resolution that states a commitment to affordable housing on the Platt Road property. So they should be clear about what they’re voting on, he said.

LaBarre responded, saying he didn’t intend to challenge Peterson’s intelligence and that he took full responsibility for any miscommunication or lack of clarity. He hoped the board could move the resolution forward. The county isn’t getting into the housing business, he added, saying he needed to do better outreach with his colleagues on the board, and promising to do that in the coming weeks.

Conan Smith apologized to Peterson, saying that he could see how his remarks seemed combative. He said it turned out that Peterson had a much better understanding of the resolution than he had.

From left: Dan Smith (R-District 2) and Kent Martinez-Kratz (D-District 1).

Rabhi reported that in his conversations with city of Ann Arbor officials, they had expressed interest in partnering with the county on this project. He agreed with Peterson that the county shouldn’t get into the housing business, and they need partners to do affordable housing.

Dan Smith (R-District 2) noted that neither the staff memo nor the resolution were specific about defining affordable housing. He asked Callan to elaborate on that, and he wondered if it would be possible to define affordable housing based on a real estate market rather than income. For example, if a $100,000 condo is located on that site, would that count as affordable housing in the Ann Arbor market?

Yes, Callan replied – a $100,000 condo in Ann Arbor would count as affordable housing. To any individual, affordable housing is defined as anything costing less than 30% of gross income. So by that definition, “affordable” means different things to different people, she explained, based on income levels. But as defined for the purposes of federal or state funding, affordable housing means spending 30% or less for people earning 80% or less of the area median income (AMI). For the Ann Arbor market – which for federal purposes includes all of Washtenaw County – median income is about $50,000. So 80% of that is about $37,000, Callan said. Any household earning that amount or less would qualify for affordable housing as defined by the government.

Callan noted that affordable housing can target a range of income levels, starting at the poorest – those earning 30% or less of AMI, or about $14,000. For that income level, you could afford about $350 a month in housing costs, Callan said, which is generally available only with significant subsidies. At 80% AMI, you could afford about $1,000 a month for housing. “That’s the range we’re looking at,” she said.

Sizemore suggested selling the land, then using the proceeds to pay for repairs and renovations of existing homes in the county, including those that are for sale through tax foreclosure auctions. LaBarre replied that the advisory committee had discussed the option of an outright sale, but it hadn’t been supported. That’s why the option wasn’t presented in the resolution, he said.

Outcome: The board voted 7-1 to give initial approval to the recommendations. Dissenting was Rolland Sizemore Jr. (D-District 5). Alicia Ping (R-District 3) was absent. A final vote is expected on Feb. 19.

Platt Road Property: Public Commentary

Jeannine Palms, a member of the advisory committee, spoke during the second opportunity for public commentary, after the board took its initial vote on the recommendations. She began by reading a statement from another committee member, Vickie Wellman. Wellman wrote that she had been very disturbed because of the divisive politics and political fighting that’s become the norm. Many projects and tasks aren’t completed due to infighting. But the work on the Platt Road committee was the first time she’s been impressed by the sincerity, quality, professionalism, energy, and cohesion of the effort. Wellman wrote that she was especially impressed by the integrity and professionalism of the staff. Her past experiences working with this kind of group haven’t been so rewarding, she wrote. It had been a big task, and everyone worked together to come up with the recommendations. Wellman’s statement concluded by urging commissioners to support the recommendations.

Palms thanked the board for giving initial approval to the resolution, saying she agreed with the sentiments in Wellman’s letter. She said she’s a regular visitor to County Farm Park and has worked on projects there, and the parks in this community have been a major focus for her life. This advisory committee brought together a lot of people from different backgrounds to work in a way that was truly impressive, Palms said. It was collaborative and mutually respectful, looking for ways to grow community capital, social capital and cultural capital, to provide a model for sustainable living. The recommendations were unanimously agreed upon, she said, and it was an honor to be part of this process. She looked forward to the next steps.

Andy LaBarre (D-District 7) thanked Palms for her work, and thanked other committee members who had participated. It had been energizing for him as a new commissioner to work with them on this project. Yousef Rabhi (D-District 8) in turn thanked LaBarre for his work in putting the committee together, and he thanked the board for moving it forward. Rabhi also thanked Palms, noting that she’s very active in the community, especially in that neighborhood.

Staffing for Budget Work

Commissioners considered a proposal to hire a contract position that would support budget-related work for the county board and administration.

Board chair Yousef Rabhi (D-District 8) and county administrator Verna McDaniel.

At the board’s Nov. 20, 2013 meeting, commissioners had given direction to county administrator Verna McDaniel to research and recommend staffing options that would support the board’s community investment priorities. As part of adopting a four-year budget, the board set up a new strategic model to help them determine where the county’s resources should go. The board set goals as well as outcomes that are intended to measure how those goals are being achieved.

The priority areas for investment that were approved by the board in 2013 are: (1) ensure community safety net through health and human services, inclusive of public safety; (2) increase economic opportunity and workforce development; (3) ensure mobility and civic infrastructure for county residents; (4) reduce environmental impact; and (5) ensure internal labor force sustainability and effectiveness.

The dollar amount for this position wasn’t included in the resolution, which stated that “compensation shall not exceed the scope of the Administrator’s authority.” The administrator has discretion to spend up to $50,000 on professional services contracts, and up to $100,000 for any proposed goods, services, new construction or renovation. [.pdf of staff memo and resolution]

A four-page job description was also included in the board packet. The person would report to the county administrator in terms of daily operations. [.pdf of job description]

Commissioners had previously debated this issue at some length during the board’s Jan. 22, 2014 meeting, when Ronnie Peterson (D-District 6) questioned the process for hiring this kind of staff support.

Staffing for Budget Work: Board Discussion

In introducing this item on Feb. 5, Felicia Brabec (D-District 4) reported that this relates to the continuation of work that the board did when developing the four-year budget, as well as previous work in past years that looked at how best to invest county dollars. How did the programs and services of the county match with investments in community priorities that the board had approved? “The magnitude of that work is great,” she said, and that’s why a recommendation for a contract staff position is being made.

Brabec, who as chair of the board’s ways & means committee had taken the lead in the budget process, noted that she had emailed commissioners a job description. The “deliverable” from that person would include a report on how the outcomes of county programs and services match with budget allocations. The person would also provide a gap analysis, so that when the board makes its annual budget adjustments at the end of the year, they can make allocations based on this process.

Rolland Sizemore Jr. (D-District 5).

Rolland Sizemore Jr. (D-District 5) noted that there are about 1,300 employees in the county government. Rather than hiring someone, he said, “I would direct the county administrator to get [this work] done, and if she doesn’t get it done, then we need to figure out why it’s not getting done.”

Sizemore pointed out that there’s a “cross-lateral team” in the county administration that each get an extra 4% in their salary, plus retirement benefits based on that higher amount. [The cross-lateral team, which was created instead of filling a deputy administrator position, consists of four senior staff members: corporation counsel Curtis Hedger; finance director Kelly Belknap; Diane Heidt, the county’s human resources and labor relations director; and Greg Dill, infrastructure management director. The board had approved the restructuring and pay increase about two years ago at its March 7, 2012 meeting, with Ronnie Peterson (D-District 6) casting the only dissenting vote.]

Sizemore then objected to the fact that the resolution didn’t include a cost estimate for the contract position. He suggested taking the extra 4% pay from the cross-lateral team to pay for the work. He didn’t know where the money would come from to pay for this, and he didn’t understand why it couldn’t be done in-house.

Conan Smith (D-District 9) said he understood Sizemore’s concerns, but noted that the county has slashed the capacity of the administrator’s office over the past few years. Belknap is now overseeing the finance and budget operations, which used to be the work of two people, he said. There are empty desks in the administrative offices. “I think we’re honestly at the point where we can’t ask the folks in the cross-lateral team or administration … to also take this on without some additional capacity.”

Smith said he had originally wanted to create a new permanent position to do this work. The county administrator, Verna McDaniel, had convinced him not to do that just yet, and he thought that was wise. But even so, Smith believed that additional resources are needed in order to make this happen, given that it’s a brand new process.

He clarified with McDaniel that she anticipated finding the money to pay for this contract position within line items over which she has discretionary control.

Yousef Rabhi (D-District 8) said he appreciated Sizemore’s concerns. He noted that in developing the four-year budget, the board had received staff support from Mary Jo Callan, director of the office of community & economic development, as well as other staff members. But those staff members have other responsibilities – more than they’ve had in the past, he said. Commissioners don’t have sufficient time to invest either, he said, as their work on the board is part-time. Now, the board needs to make an investment to move this process forward.

Dan Smith (R-District 2) reminded commissioners that he spoke out last year every time the board was asked to authorize new hires, urging the board to be cautious. Many times there were extenuating circumstances related to the hires, like outside funding, Smith said. He went along with those hires, but this current request isn’t comparable, he said, and he wasn’t in favor of this hire.

Seated from left: Commissioner Felicia Brabec (D-District 4), who serves as chair of the board’s ways & means committee, and county administrator Verna McDaniel. Standing is Conan Smith (D-District 9).

Alluding to his own experience in business, Smith noted that employees are asked to do more, but also the company cuts back on products or has longer release cycles and fewer features on the products that are released. At the county, however, “we don’t seem to be too keen on doing less.” He pointed out that even at that night’s meeting, the board would be voting on a new program – creating a dental clinic. So he was not in favor of this staff position.

Ronnie Peterson (D-District 6) told commissioners that he appreciated the discussion, but “I take it that there’s not a vote tonight.” [Until this point, no one had publicly mentioned the intent to postpone this item.] He asked what the timeframe was for this work, and what the goals were for the individual that they’d be hiring. He also wanted to know what the expectations were for this person to collaborate, either internally within the county government, or with people in the community.

Peterson also cautioned that the board needs to be clear about who’s leading the organization. He wanted to make sure the position had a different title than “strategic program manager” – the title that was originally proposed. He suggested making the title “special assistant to the administrator for board support.” He said he didn’t want anyone to walk around with a cape thinking that they had more power than the county administrator.

Peterson supported the points made by Sizemore and Dan Smith. “The piggy bank was closed,” he said. If it’s been re-opened, he added, he wished someone would tell him, because he had a wish list of things he’d like to fund.

Kent Martinez-Kratz (D-District 1) agreed with Peterson, saying they had finalized the 2014-2017 budget in November of 2013, but since then several additional items have come to the board for approval that impact the budget. He hated to see a $50,000 or $100,000 request coming to the board every month. Martinez-Kratz said he felt it was the job of all commissioners to listen to constituents and gauge community impacts, and to orient their votes on the budget priorities based on that. He didn’t feel another employee was required for that.

Yousef Rabhi (D-District 8) addressed the references to a piggy bank, saying that the point of this new job is to help the county make investments more strategically. “This is spending a small amount to make sure we’re being more deliberate about the decisions we’re making,” he said. Rabhi also pointed out that this proposal had been part of the budget document that the full board had approved in November of 2013. The job is a contract position, he noted.

Rabhi voiced support for county administrator Verna McDaniel, saying that the board has asked more of her than previous boards have requested of previous administrators. They’re asking more of the administration, he said, while they’ve also taken away resources to do the work.

However, Rabhi felt it was appropriate to postpone action on the proposal, to address some of the issues that Peterson had raised.

Staffing for Budget Work: Board Discussion – Postponement

Rabhi made a motion to postpone until the March 5 meeting.

Dan Smith then said he’d like to postpone it until May 7 – after the board receives a first-quarter budget update from the administration. At that point, the board would have a better picture of the county’s finances. He moved to amend Rabhi’s original motion.

Conan Smith noted that the board had voted on this issue in November of 2013, when they approved the budget. The intent was to have this new position work with the new budget process, he said, and he didn’t want to wait until May to approve it. If they waited, it meant they wouldn’t issue a request for proposals (RFP) until June, and the position likely wouldn’t be filled until halfway through the fiscal year, at best. He was anxious to move the proposal forward as quickly as possible.

Outcome on amending the March 5 postponement to May 7: The motion failed, with support only from Dan Smith, Rolland Sizemore Jr., and Kent Martinez-Kratz.

There was no further discussion.

Outcome on postponing to March 5: The motion passed unanimously.

After the vote, Sizemore again expressed frustration about the proposal. He wondered why the county didn’t take advantage of resources from local universities. He also asked what would happen to the report that would be completed as part of this process – would it be “put on the shelf with the 10 other reports we’ve already got on the shelf?” He noted that the city of Ann Arbor has cut its staff “and they seem to be existing pretty well.”

Sizemore also mentioned the bond proposal that the administration had floated in 2013, to cover pension and retiree health care obligations. At that time, the administrator indicated that the county needed to issue bonds for $350 million, he noted, but “now we seem to have pots of money to spend on things that come up,” like this new position. He hoped McDaniel would come back to the board with more details about the cost. He wondered who would actually hire the person – McDaniel, or the board? He hoped the person would be a resident of Washtenaw County, adding that he hated spending county tax dollars on employees who don’t live here. “I have a lot of questions, and right now I’m pretty upset about this,” Sizemore concluded.

Dental Clinic

A proposal to create a dental clinic for low-income residents of Washtenaw County was on the Feb. 5 agenda for initial approval.

Ellen Rabinowitz, the county’s interim public health officer.

The project is estimated to cost $1.5 million, using funds from the public health Medicaid liability account ($814,786), the public health fund balance ($663,015) and Washtenaw Health Plan ($50,000). According to the county’s public health staff, 58,000 county residents either don’t have dental insurance or on Medicaid dental insurance. However, only a few private dentists accept Medicaid. When up and running, the dental clinic is expected to serve 6,000 patients annually, including residents with income at up to 200% of the poverty level.

It’s expected that federal matching funds would supplement Medicaid reimbursement rates to provide a sustainable long-term cash flow, according to a staff memo. [.pdf of staff memo]

The resolution authorizes contract negotiations with the nonprofit Michigan Community Dental Clinics Inc. to run the clinic and with St. Joseph Mercy Health System, which would contribute space at its Haab Building in Ypsilanti at little to no cost.

The board had been briefed previously on this proposal at two working sessions over the past year.

Discussion on Feb. 5 was brief. Ronnie Peterson (D-District 6) praised the public health staff for their work, saying it was appropriate for them to identify the need and take on the responsibility. It was especially important to provide dental care for children, he said. Several other commissioners also expressed support.

Ellen Rabinowitz, interim health officer and executive director of the Washtenaw Health Plan, noted that outreach will be needed to promote the new clinic. A press release is being drafted, she said, but they’ll wait to release it until after the board takes a final vote on the project at its Feb. 19 meeting.

Outcome: Initial approval for the dental clinic was given on a 7-1 vote, with dissent from Dan Smith (R-District 2). Alicia Ping (R-District 3) was absent. A final vote is expected on Feb. 19.

Dog Licensing

A new ordinance that allows the county to issue municipal civil infractions for owning an unlicensed dog was on the agenda for final approval.

Larry Murphy attended the Feb. 5 meeting of the county board. He has created a campaign committee to run for county commissioner in District 1. He is a Republican. The seat is currently held by Democrat Kent Martinez-Kratz.

The resolution also establishes that the county treasurer’s office would be the bureau for administering these infractions. It also sets new licensing fees. [.pdf of dog license ordinance]

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 new civil infraction fines would be $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.

A draft resolution and staff memo had been prepared in November 2013 but the item was not brought forward to the board for a vote last year. The current proposal is similar to that initial draft. [.pdf of 2014 resolution and memo]

The county treasurer’s office also 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. There would be no charge to license service dogs, with proper documentation and proof of rabies vaccination. More information about current dog licenses is available on the county website.

Deliberations at the Jan. 22, 2014 meeting – when commissioners gave initial approval to this ordinance – included the importance of outreach to educate residents about the changes.

There was no discussion of this item on Feb. 5.

Outcome: Final approval to the dog licensing ordinance passed unanimously.

The ordinance could take effect 50 days after final approval, in late March. But the county treasurer’s office – which is responsible for administering the dog licenses – expects to implement the changes in June or July, following an educational outreach effort.

PACE Program

A resolution to create a new countywide program to help finance energy-efficiency projects for commercial properties was on the Feb. 5 agenda for final approval. Initial approval had been given at the board’s Jan. 22, 2014 meeting, which included public commentary from supporters of the initiative. [.pdf of PACE program documentation] [.pdf of PACE cover memo] [.pdf PACE resolution]

The countywide Property Assessed Clean Energy (PACE) program aims 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 is 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, had spoken briefly to the board on Jan. 22, 2014, and had previously answered questions about the program at the board’s Dec. 4, 2013 meeting. 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 will 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 differs 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.

Discussion was minimal on Feb. 5. Yousef Rabhi (D-District 8) thanked Conan Smith (D-District 9) for his work on this initiative. Smith said he’s been talking with Levin about implementing the program, noting that bad weather had prevented Levin from attending the meeting that night.

Outcome: Final approval for the PACE program was given unanimously.

Road Repair Funding

Commissioners considered a resolution urging Michigan Gov. Rick Snyder to allocate the state’s estimated $1 billion budget surplus to road repair.

At the board’s Jan. 22, 2014 meeting, Alicia Ping (R-District 3) had indicated the likelihood of this resolution coming to the board. She reported that a subcommittee that’s exploring the future of the Washtenaw County road commission had met prior to the county board meeting on Jan. 22. The subcommittee, which Ping chairs, had voted to ask the county board to pass a resolution urging Gov. Rick Snyder to allocate the state’s budget surplus for road repair, distributed to local entities using the current state formula for road allocations.

The resolution’s one resolved clause initially stated:

NOW THEREFORE BE IT RESOLVED, such funds from state surplus should be used for roadway maintenance using the fair formula allocation as prescribed by Public Act 51 of 1951 ensure Washtenaw County benefits fairly from surplus use.

Ping did not attend the Feb. 5 meeting. Andy LaBarre (D-District 7) reported that Ping told him she’d be amenable to changing the resolved clause to reflect that the surplus doesn’t need to be spent entirely on roads, but should include roads. Yousef Rabhi (D-District 8) said he’d support the change, noting that there are other priorities that the surplus could be spent on, including state revenue-sharing with local governments.

The resolved clause was then unanimously amended to insert “in part”:

NOW THEREFORE BE IT RESOLVED, such funds from state surplus should be used in part for roadway maintenance using the fair formula allocation as prescribed by Public Act 51 of 1951 to ensure Washtenaw County benefits fairly from surplus use. [.pdf of resolution]

The phrase “in part” was also inserted into the title of the resolution.

The resolution states that the Washtenaw County road commission maintains about 1,654 miles of roads, including 770 miles of gravel roads. It also is responsible for 111 bridges and more than 2,000 culverts, and is contracted by the Michigan Dept. of Transportation to maintain about 580 lane miles of state trunkline roads. Road commissioners have indicated that there are several million dollars worth of needed repairs that are unfunded.

In a statement issued earlier in the day on Feb. 5, Snyder released some details for a fiscal 2015 budget proposal, including $254 million “to match federal aid and maintain Michigan’s roads and bridges, transit services and aeronautics projects across the state.”

Outcome: The resolution passed unanimously.

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: Services for the Homeless

Yousef Rabhi (D-District 8) said he wanted to follow-up on the discussion that the board had with members of the homeless community at the board’s Jan. 22, 2014 meeting. He had subsequently met with representatives from that group, along with county administrator Verna McDaniel, Mary Jo Callan, director of the county’s office of community& economic development, and Ellen Schulmeister, executive director of the Shelter Association of Washtenaw County. He noted that in order to address the list of demands for increased services at the Delonis Center shelter, which had been presented to the board on Jan. 22, the county needs to partner with other entities in the community.

The board received a more detailed update on this situation at its Feb. 6 working session. That session will be covered in a separate Chronicle report.

Communications & Commentary: Deportation

Rabhi also mentioned the possible deportation of Jose Luis Sanchez-Ronquillo. He noted that a few years ago, the county board had heard from advocates lobbying against another deportation threat – of Ann Arbor resident Lourdes Salazar Bautista. [Bautista and her supporters had attended the board's Dec. 7, 2011 meeting.] In a similar case, Rabhi said, Sanchez-Ronquillo and his wife have lived in Ann Arbor for about 16 years, and their children attend Bach Elementary School. Rabhi reported that he had attended a rally in support of Sanchez-Ronquillo, where it was announced that he’d been granted a one-year extension to stay in the country. While that’s good news, Rabhi noted that “this isn’t the first time it’s happened, and it won’t be the last.” It’s important to think about how to make this a welcoming and diverse community, he said.

Communications & Commentary: Autism Coverage

Diane Heidt, the county’s human resources and labor relations director, gave an update on a proposal that the county administration plans to make formally to the board at a future meeting: To begin offering health care coverage to county employees for the treatment of autism.

She noted that offering the coverage would result in an estimated $182,000 increase in the county’s annual health care premium. Because the county self-funds health care coverage for its employees, that amount will fluctuate based on actual claims, she said.

The main unknown is whether the state will continue to offer reimbursement for autism coverage, Heidt said. There’s been no indication that the state plans to set aside additional funds for fiscal 2014 or beyond. About $26 million that was set aside by the state in previous years could still be tapped for reimbursement. She said she’d continue to gather information and resources, and would meet with the board committee that had been established on Jan. 22, 2014 with commissioners Andy LaBarre, Felicia Brabec and Ronnie Peterson. She anticipated coming to the board with a recommendation on March 5.

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

Absent: Alicia Ping.

Next regular board meeting: Wednesday, Feb. 19, 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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The resolution passed on Feb. 5 established that the county treasurer’s office would be the bureau for administering these infractions. It also set new licensing fees. [.pdf of dog license ordinance]

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 new civil infraction fines would be $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.

A draft resolution and staff memo had been prepared in November 2013 but the item was not brought forward to the board for a vote last year. The current proposal is similar to that initial draft. [.pdf of Jan. 22, 2014 resolution and memo]

The county treasurer’s office also 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. There would be no charge to license service dogs, with proper documentation and proof of rabies vaccination. More information about current dog licenses is available on the county website.

Deliberations at the Jan. 22, 2014 meeting – when commissioners gave initial approval to this ordinance – included the importance of outreach to educate residents about the changes.

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

Some of the crowd at the Jan. 22, 2014 Washtenaw County board of commissioners meeting. (Photos by the writer.)

Speaking during public commentary, several people argued that the Delonis Center‘s warming center should be made available when temperatures are lower than 45 degrees. One woman presented a list of specific requests for expanded services at the homeless shelter, including 24-hour access to shower facilities and increased hours for access to laundry facilities.

There was no formal agenda item on this issue, but several commissioners agreed that the community needs to do more for the homeless. Conan Smith (D-District 9) noted that county had a 10-year plan to end homelessness, “and then we got socked by a terrible economy and made pretty dramatic reductions in the county’s spending.” [The Blueprint to End Homelessness was adopted in 2004 but appears to be dormant.]

The board ultimately voted to direct county administrator Verna McDaniel to address issues related to services for the homeless. They’ll be getting an update at their Feb. 6 working session from Ellen Schulmeister, director of the Shelter Association of Washtenaw County, which runs the Delonis Center.

Alicia Ping (R-District 3) cautioned against the county overstepping its bounds, and pointed out that the shelter is run by a separate nonprofit – although the county owns and maintains the building where the shelter is located at 312 W. Huron in Ann Arbor, and contributes some funding. Ping noted that the county also currently pays the Ann Arbor Downtown Development Authority for several parking spaces used by Delonis Center employees, and suggested that the money might be better spent on direct services to the homeless. The county is continuing to negotiate its parking contract with the DDA.

Also at the Jan. 22 meeting, the board made a range of appointments, including confirmation of Dan Ezekiel, former Ann Arbor greenbelt advisory commissioner, to replace Nelson Meade on the county parks & recreation commission. And former state legislator Alma Wheeler Smith was appointed to fill an opening on the southeast Michigan regional transit authority (RTA) board. Richard Murphy – one of two RTA board members from Washtenaw County – was not seeking reappointment. Smith was the only eligible applicant and is the mother of county commissioner Conan Smith, who abstained from the confirmation vote.

In addition, during the Jan. 22 meeting the board created a new committee to explore the cost to the county for providing employee health insurance coverage for autism. The board had received a staff presentation earlier in the evening about the possibility of offering such coverage.

In other action, the board gave initial approval to a proposed ordinance that would allow the county to issue municipal civil infractions for owning an unlicensed dog, with a final vote expected on Feb. 5. The ordinance could take effect 50 days after that, in late March, but county treasurer Catherine McClary indicated that her office would be looking to implement the changes in June or July. Several  commissioners advocated for educational outreach to ensure that residents – especially in rural areas – will be aware of the changes.

The board also gave initial approval to establish a countywide Property Assessed Clean Energy (PACE) program, after hearing from several people during public commentary who supported the effort. A final vote to establish the program is expected at the board’s Feb. 5 meeting.

Services for the Homeless

Although there was no agenda item directly related to the county’s support for services that aid the homeless, the issue was the focus of public commentary on Jan. 22, and of subsequent response from the board.

Eight people spoke during public commentary about issues facing the homeless and those living in poverty.

One man described his 37-year-old son who suffers from bipolar disorder, schizophrenia and short-term memory loss. For the past 8 or 9 years, the son has lived at the Embassy Hotel, at the southeast corner of Huron and Fourth. Out of his son’s roughly $700 per month disability check, the hotel is charging almost $650 for a small room with furniture in disrepair, he said. There are patches on the wall that aren’t painted, a stained lampshade, and a small refrigerator that doesn’t work properly. The hotel management talks down to his son in a degrading way, and sometimes doesn’t let his son into the hotel at night if he forgets his key. “So he’s on the streets until seven o’clock in the morning,” the man said.

After other expenses, his son only has about $10 a week for food – “that’s criminal and shameful,” he said. Some people say that living there is his son’s choice, but where else would he live? “There’s no affordable housing in downtown Ann Arbor that he can afford.” This is a problem, and it’s not just his son, the man said. “You’ve got to do something about this.”

One woman spoke as a representative of people who use the Delonis Center shelter and its warming center. The warming center operates only six months out of the year, she said. But every human being has the right to be protected from the elements, and to have access to food, clothing, computers, and medical care. The Delonis Center isn’t meeting those needs, she said. The woman ticked through a list of requests, which she also provided to commissioners in writing:

• 24-hour access to shower facilities.
• Increased, flexible hours for laundry access.
• An immediate review of the trespassing policy.
• More flexible hours for storage access.
• Breakfast and snacks for people who use the warming center.
• An end to the policy that requires people to leave the center during the day. The center should be used in the daytime for reading, computer use and other inside activities.

She requested a response from commissioners within 72 hours about their intent to implement these proposals.

Tim Green introduced himself as a member of Camp Misfit and a board  member of MISSION. There aren’t adequate services for the homeless in Washtenaw County, he said. But his biggest concern now is the freezing temperatures and the lack of adequate access to the warming center. According to the Centers for Disease Control, he said, hypothermia can set in at 45 degrees. “Do you put your dog outside for 8-10 hours, like they expect these people to do?” he asked. “You’d be put in jail for animal cruelty.” But people are on the streets with nowhere to go. The community needs a daytime warming shelter and a larger shelter for the night, he said. He’s been homeless in the past, and he continues to help people when he can. A friend of his froze to death last year because he had a drinking problem and couldn’t get into the Delonis Center, Green said. Alcoholism is obviously a disease, he said, and there should be a place to help people who need it, so they won’t freeze to death. Something needs to be done, he concluded.

Jeff Plasko provided sign language interpretation at the Jan. 22 meeting of the county board. It’s a service that the county pays for upon request.

Steve Carnes told commissioners he’s lived in Ann Arbor for about 10 years, and the previous speaker had addressed most of the issues he wanted to raise. He asked people from Camp Take Notice and Camp Misfit to stand or raise their hands – about 20 people indicated they were part of those groups. He noted that there needs to be a timely appeals process when people are asked to move their tents because of trespassing. He knows of cases that have extended over three months.

Odile Huguenot Haber said she’s been a Washtenaw County resident for about 20 years. About 65 people are sleeping on the floor of the Delonis Center, she said, plus 25 people sleeping at the rotating shelter in local churches. She told commissioners that she didn’t know if they’ve slept on the floor recently, “but it’s not great.” Some people are senior citizens, or disabled, or mentally ill, she noted. It’s crowded and not comfortable. It’s better than sleeping outside, but she pointed out that not everyone has a space inside. Haber called for a countywide meeting of all the stakeholders about homelessness to offer something better than what’s available now. “We’re not in Syria,” she said. “We’re in Ann Arbor in the United States. We can do much better.”

Speaking as a member of Camp Misfit, Tracy Williams said they keep getting pushed out of their tent homes. It happened to some friends of his recently. The city has money to “throw around for all the buildings in Ann Arbor,” he said, but they can’t fix a streetlight. People who have a place set up for the winter are having to move because neighbors feel threatened since there’s not adequate lighting, he said. Where are those people going to go? Are they going to the cemetery?

Greg Pratt introduced himself by saying “I live in Andy’s district” – District 7 in Ann Arbor, represented by Democrat Andy LaBarre. There are people freezing outside, and they’re being evicted, he said. They need warm places to go that aren’t necessarily in the homeless shelter. People who were attending that night’s meeting are speaking from a place of strong emotion, Pratt said. “There’s people’s lives on the line.” The Delonis Center needs to set the “weather amnesty” at 45 degrees – and people should be allowed to stay there even if they blow over 0.1 on a breathalyzer, he said, or have behavioral problems. Pratt added that he knew there were at least a few commissioners who wanted to help out, so he urged them to do what they can.

Speaking through a sign language interpreter, Tony Galore told commissioners that they should do whatever they can, either providing funds or building another shelter. People need to be helped, he said, “and we would help you back later.” He said raised the issue of transportation, saying he was from Miami and you could get anywhere you wanted to go there. In Michigan, it’s not so easy, he said. “To me, it’s backwards here.” He urged commissioners to help people who need access to transportation.

Services for the Homeless: Board Response

Conan Smith (D-District 9) thanked people for coming and telling their powerful stories. Addressing the challenge of homelessness needs to be a priority in these hard economic times, he said. There’s no excuse for the county not to allocating some funds for this purpose, Smith added. It’s not about how cold it is, he said – people deserve a home if they want one.

The county needs to adopt public policy and investment strategies reflecting that housing is a right, Smith said. The community needs systemic solutions, he added, and not simply respond to a crisis. They need to address the causes of homelessness, not just the symptom. The county had a 10-year plan to end homelessness, he noted, “and then we got socked by a terrible economy and made pretty dramatic reductions in the county’s spending.” [.pdf of the 2004  Blueprint to End Homelessness] Smith said the county would be doing what it could.

County administrator Verna McDaniel and commissioner Yousef Rabhi (D-District 8).

Yousef Rabhi (D-District 8) said the situation that was described about conditions at the Embassy Hotel sounds “appalling” and something that he hoped the county staff could look into. Thanking others who’d spoken on behalf of the homeless, Rabhi said “it’s a human issue, and one that we can’t back away from.” It’s been a priority for Washtenaw County since he’s been on the board and even before that, he said. Other communities don’t provide the same level of support for the homeless, he noted. Nobody was turned away from the Delonis Center when temperatures dropped, he said. Even so, he added, “we still need to do more.” The county needs to identify holes in the system and patch those holes with additional resources.

Rabhi described a meeting he’d had recently with Ann Arbor city councilmember Sumi Kailasapathy and county staff who are working on homeless issues. They identified the need for more collaboration between the city and county. They talked about having a joint city/county task force to have that dialogue. Responding to a suggestion from the crowd, Rabhi said that members of the homeless community should be involved in the task force, too.

In terms of the specific list of requests that were made during the public commentary, he noted that county administrator Verna McDaniel had assured him that she’d bring together staff and others in the community to respond to the requests and make recommendations to the board.

Rabhi pointed out that the cost for opening the warming center for temperatures above 10 degrees is about $180,000 annually. He agreed with Smith that the board should allocate some amount of funding to address these basic human needs.

Alicia Ping (R-District 3) said it’s important to understand where the county’s role stops and the shelter’s role begins. The county doesn’t run the shelter, she noted, so getting involved risks overstepping the county’s authority.

Related to that, Ping wondered if there was an update on negotiations between the county and the Ann Arbor Downtown Development Authority. She said she brought it up because the county pays the DDA for about two dozen parking spaces used by employees of the Delonis Center. By eliminating that, the county could probably use the money to help pay for more services for the homeless, she said.

McDaniel reported that there had been several meetings between her staff and the DDA, and that she had a meeting scheduled later in the week with the DDA “to hone in where we are with that.” They’re continuing to negotiate, she said. McDaniel added that she’d report back to the board as soon as she had more information.

Rabhi said he’d support passing a resolution that would direct McDaniel and her staff to address the concerns that were raised that night.

Outcome: The board voted to direct the county administrator to address issues related to services for the homeless.

Rabhi also asked Mary Jo Callan, director of the county’s office of community and economic development, if she could prepare a report for an upcoming working session. Callan agreed to do that. She noted that although about 85% of the support for the Delonis Center comes from sources other than the county and city of Ann Arbor, the county does own and maintain the center’s building. [The board's Feb. 6 working session agenda now includes a briefing on homelessness issues by Ellen Schulmeister, director of the Shelter Association of Washtenaw County, which runs the Delonis Center.

Conan Smith said the board shouldn't forget its role as funders of the shelter, with a strong financial interest in that nonprofit. They have a right and obligation to articulate their concerns to the shelter's leadership, he said. "Now, if that organization chooses not to respond to our interests, that does put our relationship in a more interesting place," Smith added. "But to date, that has not been the case. They've been always very responsive to the concerns of the board of commissioners."

Appointments

Appointments to three groups – the southeast Michigan Regional Transit Authority (RTA); the Washtenaw County food policy council, and the Washtenaw County parks & recreation commission – were on the board’s Jan. 22 agenda. The board also made its annual appointments of county commissioners to various boards, committees and commissions.

Appointments: Regional Transit Authority

Yousef Rabhi (D-District 8), chair of the board, nominated Alma Wheeler Smith to fill an opening in the RTA. Richard Murphy – one of two RTA board members from Washtenaw County – was not seeking reappointment.

County prosecuting attorney Brian Mackie and former state legislator Alma Wheeler Smith.

The deadline to apply for this opening had been extended, but there were only two applicants. The other applicant was Jim Casha, but as a Canadian resident he was ineligible to be appointed for the seat to represent Washtenaw County. The RTA state enabling legislation (Act 387 of 2012) mandates that board members must be residents of the county or city that they represent.

Alma Wheeler Smith, a former state legislator, is the mother of county commissioner Conan Smith (D-District 9). She attended a portion of the Jan. 22 meeting but did not formally address the board.

By way of background, the RTA was established by the state legislature in late 2012. 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, 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. Murphy, who works for Smith at the Michigan Suburbs Alliance, was appointed to a one-year term.

Appointments: Regional Transit Authority – Public Commentary

Jim Casha introduced himself by saying commissioners might remember his previous commentary regarding the RTA, at the board’s Jan. 8, 2014 meeting. At that time, he had objected to the RTA board’s selection of John Hertel over Larry Salci as the RTA’s CEO. He had also criticized the failure of the RTA board to acquire the 157-acre Michigan state fairgrounds property, as a way of generating revenue.

Jim Casha.

Since then, the question of Hertel as CEO has become moot, Casha noted, since Hertel decided not to accept the RTA’s offer. So the RTA board has a chance to make a different decision this time, he said, and to pick someone with more transit experience. He hoped they would again consider Salci, a former director of the southeast Michigan transportation authority in the 1970s. Salci is currently a consultant for the federal government in commuter rail initiatives nationwide, Casha said.

Casha, a Canadian resident, said he understood he wouldn’t be the county’s appointee to the RTA, “since not only do I not live in your county, I don’t even live in your country.” He noted that the Ann Arbor-to-Detroit commuter rail was a big priority to a lot of people in Ann Arbor, and it should be the No. 1 priority for the RTA.

Instead, the RTA is concentrating on bus rapid transit up Woodward Avenue and other corridors, Casha said. But the rails are already in place, and train cars have already been purchased, he noted. There’s a great potential location for a station at the state fairgrounds site. Commuter trains shouldn’t end at the New Center in downtown Detroit on Woodward, Casha said. It should continue to the fairgrounds, where it can tie into a multi-modal regional transportation center that can take anybody via bus anywhere in the region. “We could truly have a transportation system that we could be proud of,” he said. He urged commissioners to ask the county’s RTA board members to push for this. “It’s still not too late,” he concluded.

During the evening’s second opportunity for public commentary, Casha noted that the fairgrounds site could be used as a demonstration center for innovative projects – to showcase different types of housing, for example. He said he’s also trying to get legislative support for having a sesquicentennial Civil War celebration in 2015 to honor Michigan soldiers, General Ulysses Grant and Austin Blair, who served as the state’s governor during the war. The house that Grant lived in during 1849 is located at the fairgrounds. The celebration could be a catalyst for private funding, Casha said.

Appointments: Regional Transit Authority – Board Discussion

As board chair, Yousef Rabhi (D-District 8) is authorized to make the RTA appointments, without full board confirmation. However, he put forward his RTA nomination of Alma Wheeler Smith as part of a resolution with all of his other nominations. He told the board that there had been back-and-forth with a state official who had originally indicated that the appointment would be for another one-year term. He had clarified with state that the term is for three years. The term will end on Dec. 31, 2016, because Washtenaw County is making calendar-year appointments to conform with its existing process of making appointments.

Conan Smith (D-District 9) said he planned to abstain from the vote on his mother, citing what he called a “perceived conflict of interest – although you all know how independent she is.” He thought she was a great choice, but said he did not involve himself in the selection. “I did my best to stay out of [the selection process], passionate though I am about the RTA and my mother.”

Outcome: On a roll call vote along with other confirmations, Alma Wheeler Smith was appointed to the RTA board. Conan Smith abstained.

Appointments: Parks & Recreation Commission, Food Policy Council

In other appointments made on Jan. 22, Dan Ezekiel was nominated to fill a term that was recently vacated by long-time county parks & recreation commissioner Nelson Meade, who stepped down at the end of 2013. Ezekiel was one of the founding members of the Ann Arbor greenbelt advisory commission. His most recent term ended in mid-2013. He was term limited for that position. For the county parks & recreation commission, Ezekiel’s term ends on Dec. 31, 2016. He also attended the Jan. 22 county board meeting, but did not formally address the board.

Jeremy Seaver and Sara Simmerman were nominated to the Washtenaw County food policy council, for terms ending Dec. 31, 2015.

Outcome: These nominations were confirmed unanimously by the board.

Appointments: Commissioner Appointments

Yousef Rabhi, as board chair, asked the board to confirm annual appointments of county commissioners to various boards, committees and commissions. [.xls spreadsheet of 2014 appointments] Only minor changes were made to previous appointments from 2013.

In addition to their salaries, commissioners 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. 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. Felicia Brabec (D-District 4) 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:

• 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.

Outcome: All nominations were confirmed without discussion.

Coordinated Funding Policy

Commissioners were asked to give initial approval to a resolution stating that for the 2014 through 2016 fiscal years, departments and agencies of Washtenaw County government would not be eligible to apply for coordinated funding. There would be two exemptions: (1) if the funding was part of a collaboration of nonprofit agencies and/or community groups that can’t act as fiduciary on their own; and (2) if the applicant was the county’s Project Outreach Team (PORT). [.pdf of staff memo and resolution]

County commissioner Yousef Rabhi talks with Mary Jo Callan, director of the county’s office of community & economic development.

The county is one of several partners in the coordinated funding approach. Other partners include the city of Ann Arbor, United Way of Washtenaw County, Washtenaw Urban County, the Ann Arbor Area Community Foundation, and the RNR Foundation. It began as a pilot program in 2010, and has been extended twice since then. The most recent extension was approved by the county board at its Nov. 6, 2013 meeting, and authorized the allocation of children’s well-being and human services funding for 2014 through 2016. That resolution also authorized the continued management of those funds through the county’s office of community & economic development (OCED), using the coordinated funding approach – with some modifications.

The coordinated funding process has three parts: planning/coordination, program operations, and capacity-building. The approach targets six priority areas, and identifies lead agencies for each area: (1) housing and homelessness – Washtenaw Housing Alliance; (2) aging – Blueprint for Aging; (3) school-aged youth – Washtenaw Alliance for Children and Youth; (4) children birth to six – Success by Six; (5) health – Washtenaw Health Plan; and (6) hunger relief – Food Gatherers.

At the board’s Jan. 22, 2014 meeting, OCED director Mary Jo Callan told commissioners that the resolution brought forward that evening was in response to a request made by commissioner Conan Smith (D-District 9) last year. He had raised concerns about county departments competing with community groups for coordinated funding dollars. He had argued that if the county programs were worth funding, then the county should fund those programs directly. This resolution formally prohibited county programs, with some exemptions, from applying for coordinated funding.

Coordinated Funding: Public Commentary

Lefiest Galimore raised concerns about the coordinated funding approach to supporting human services. It’s blocking a certain segment of nonprofits from providing services, he said, and he urged commissioners to take a look at this problem. Essentially the same organizations are being funded from one cycle to the next, he said, and it doesn’t appear that there’s any accountability. He also criticized the argument that some groups shouldn’t be funded because they don’t have the capacity to provide services. Smaller organizations have fewer resources, he noted, so they aren’t able to do as much as larger entities – and he indicated that they shouldn’t be compared in the same way.

Coordinated Funding: Board Discussion

Conan Smith (D-District 9) asked Mary Jo Callan how much coordinated funding is received by the Project Outreach Team (PORT). Callan wasn’t sure, but thought it was about $100,000. Smith said he really believed that coordinated funding should be a community grant program, and that if a county program needs funding, “we should just fund that program, not tell them to go through a competitive grant program with an outside set of decision-makers.” He said he’d support the resolution, but thought a better approach would be to simply fund PORT directly. It would open up more funding for other community groups that aren’t part of the county infrastructure, he noted.

Yousef Rabhi (D-District 8) agreed with Smith. He asked what the funding source was for the money that PORT receives through coordinated funding. Callan replied that PORT’s funding comes from the city of Ann Arbor. She noted that the city had funded PORT for many years, prior to the coordinated funding program.

Ronnie Peterson (D-District 6) also agreed with Smith, saying it would be unfair for a county department to compete against a local nonprofit. He said he had expected to see additional issues addressed as well – issues that had been raised during the board’s discussion on Nov. 6, 2013. County administrator Verna McDaniel replied that other issues would be addressed separately.

Andy LaBarre (D-District 7) asked if this resolution would result in the county excluding itself from meeting a need. “Are we leaving something on the table that we really shouldn’t?” Callan replied that she didn’t think that was the case, especially because the policy specifically allowed a county department to act as a fiduciary for a nonprofit that would otherwise be ineligible for coordinated funding. The sheriff’s office, for example, has acted as fiduciary for a program that provides a lot of services to the community, she said, even though it isn’t a 501(c)3 nonprofit.

Outcome: Commissioners gave initial approval to the new policy regarding coordinated funding. A final vote is expected on Feb. 5.

Dog Licenses

Commissioners were asked to give initial approval to a proposed ordinance that would allow the county to issue municipal civil infractions for owning an unlicensed dog. [This ordinance would not apply to Ann Arbor residents, as the city of Ann Arbor has its own dog licensing program.]

From left: County treasurer Catherine McClary and county administrator Verna McDaniel.

The proposal would also establish that the county treasurer’s office to be the bureau for administering these infractions, and would set new licensing fees. [.pdf of proposed dog license ordinance] The board held a public hearing about this proposal on Jan. 8, 2014 when one person, Thomas Partridge, spoke. The board had held a previous hearing at its meeting on Oct. 16, 2013, but it occurred after midnight and no one attended.

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 new civil infraction fines would be $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.

A draft resolution and staff memo had been prepared in November 2013 but the item was not brought forward to the board for a vote last year. The current proposal is similar to that initial draft. [.pdf of Jan. 22, 2014 resolution and memo]

The county treasurer’s office also 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. There would be no charge to license service dogs, with proper documentation and proof of rabies vaccination. More information about current dog licenses is available on the county website.

Deliberations at the Jan. 22 meeting included the importance of outreach to educate residents about the changes.

Dog Licenses: Board Discussion

Dan Smith (R-District 2) urged residents to license their dogs. The fine for a first offense is $50, he noted, which would be waived if the owner subsequently secures a license. The maximum fee for a three-year license is $30.

Ronnie Peterson (D-District 6) thanked the treasurer’s office for developing this proposal. He wondered what kind of educational information would be available to residents. He hoped the county would invest in some kind of educational component, especially for something that had a fine attached to it.

Alicia Ping (R-District 3) fully supported the idea of educational outreach, especially for rural areas. “Lots of people have lots of dogs in barns,” she said, and they aren’t necessarily aware of this ordinance. She also wondered if township offices could be allowed to sell licenses, at least during an initial period, so that it would be more convenient for residents who don’t live in Ann Arbor, where the county administrative offices are located.

County commissioners Yousef Rabhi (D-District 8) and Alicia Ping (R-District 3).

County treasurer Catherine McClary came to the podium and thanked the board for acting on this ordinance. She said she sees it as a public health issue – the purpose of licensing a dog is to prove that the dog has a rabies vaccination. “I don’t see it as a punitive measure,” she said, and agreed with the need for public education.

Although the ordinance could take effect 50 days after the board’s final vote, McClary told the board that she was contemplating an effective date even later – perhaps sometime this summer – to provide enough time for a proper rollout. One thing her office is considering is to send a mailing to every property owner in the county. When they did something similar about 10 years ago, dog licensing doubled, she reported. It’s been relatively flat since then.

The treasurer’s office has been handling dog licenses for the city of Ypsilanti for about a year, McClary said. It’s also possible for township treasurers to sell the county licenses, if they choose to do that. She noted that in the past, the township treasurers were given dog tags to sell, but there was no accounting for how many licenses were sold. There also was no central database for that approach, she said. Now, the paperwork can be handled by the townships, but the county treasurer’s office keeps the central database and mails out the actual dog tags. It’s also possible for residents to apply online, by mail or by fax.

Some veterinarians also sell licenses, McClary said, and she’d like to expand that to other vets in the county. Conan Smith (D-District 9) encouraged that approach, calling it an easy point of contact for responsible pet owners.

Yousef Rabhi (D-District 8) noted that when Conan Smith was chair of the board, “he had to deal with a very, very difficult process … in how we fund animal control in Washtenaw County.” [Rabhi was alluding to negotiations with the Humane Society of Huron Valley over how much financial support the county would provide to HSHV.] Revenue from dog licenses was a part of that conversation, Rabhi noted. In contrast, the process of bringing forward this new ordinance happened “without too many aches and pains,” he said. Rabhi also stressed the need for educational outreach to dog owners.

Commissioner Andy LaBarre (D-District 7).

Rabhi noted that the licensing fee can only be used to pay for administrative costs. He wondered how the revenue from fines is distributed. McClary replied that the fine revenue is divided between the courts, the county and possibly the district libraries, which receive revenue from penal fines. She said she’d provide the board with additional information about how the revenue from fines is allocated.

Rabhi encouraged McClary to consider allowing parks staff to issue citations, because many people bring their dogs to county parks. McClary said she’d talk with parks & recreation director Bob Tetens about whether some of his staff could be deputized for that purpose.

McClary also pointed out that there’s no uniformity with the city of Ann Arbor, which issues its own licenses and has a separate fee structure. At some point, after the new county program has been running for a while, McClary said she’d like to start discussions with the city of Ann Arbor about possibly coordinating their programs.

Rabhi noted that the county funds the HSHV, which provides services in Ann Arbor too. He appreciated that Ann Arbor was starting to help pay for that, but it seemed like there was still a duplication of services in some cases – like dog licensing – and resources weren’t being aligned in order for the licensing program to be most effective.

Outcome: The board gave initial approval to the ordinance allowing the county to issue municipal civil infractions for owning an unlicensed dog. A final vote is expected on Feb. 5.

Health Care Coverage for Autism

Diane Heidt, the county’s human resources and labor relations director, gave a presentation on a proposal that the county administration plans to make formally to the board at a future meeting: To begin offering health care coverage to county employees for the treatment of autism. She began by introducing Colleen Allen, CEO of the Autism Alliance of Michigan, who was on hand to answer questions.

County commissioner Conan Smith. In the background is Pete Simms of the county clerk’s office.

Heidt noted that last fall, commissioner Conan Smith (D-District 9) had directed staff to research mental health parity, specifically focusing on autism coverage. Mental health parity refers to recognizing mental health conditions as equivalent to physical illnesses, and Washtenaw County has been a leader in providing mental health coverage, Heidt said, even before federal mandates. But one area where there isn’t parity is autism.

It hasn’t been included so far because of cost considerations, Heidt told commissioners. The county continues to recover from the economic downturn, but more recently the staff became aware of resources that are available to help provide coverage.

The federal Mental Health Parity & Addiction Equity Act of 2008 mandates that any group plan with 50 or more members – like Washtenaw County government – must offer both medical and mental health benefits. Under more recent federal health care reform, there’s been an expansion of benefits, and mental health benefits are considered a mandatory part of basic health care, starting this year.

On the state level, in October 2012 a state of Michigan mandate took effect stating that all fully insured plans must provide coverage for the diagnosis and treatment of autism spectrum disorders (ASD). The county is not a fully insured plan, Heidt explained. Rather, the county is self-funded, and so it was exempt from this state mandate.

Heidt described how ASD has become more common over the past few decades – 1 in 88 children are now diagnosed with ASD. That increase is related in part to increased awareness, she noted. Intervention can include medicine, behavioral treatment, or a combination of both.

The costs are estimated to be about $60,000 a year to cover a child with autism. The state of Michigan has made coverage a priority, Heidt said, and has started setting aside funds to reimburse organizations that provide coverage. In fiscal 2012-13, $15 million was made available, with an additional $11  million in fiscal 2013-14. Of that, only about $500,000 has been expended on reimbursements. The program is handled by the Michigan Dept. of Insurance and Financial Services.

The state program provides for reimbursement of up to $50,000 per year per child between the ages of 0 to 6, up to $40,000 per year from ages 7-12, and up to $30,000 per year for ages 13-18.

For Washtenaw County, Heidt estimated that offering the coverage would result in up to a 5% increase in medical expenses, or up to $1 million annually. This year, medical expenses are budgeted at about $20 million, Heidt said. The county would be fully reimbursed by the state of Michigan for the amounts that are allowed under the autism program.

Heidt said the county administration is recommending that starting Jan. 1, 2015, the county would offer a rider for autism coverage as part of its health benefits, as long as the state’s reimbursement program remains in effect. They would re-evaluate it on an annual basis, she said.

It would be possible to offer the benefit even earlier, Heidt noted – as soon as 90 days after approval by the board.

Health Care Coverage for Autism: Public Commentary

Ryan Schuett introduced himself as a Washtenaw County employee in support of the autism coverage that the board would be considering. He said he’s the father of a three-year-old autistic child who was diagnosed last year. He and his wife were happy to get a diagnosis, and started looking at treatment options. They initially weren’t concerned because they knew that the county provided great health care coverage, he said. But they learned that autism isn’t covered, and that has created a hardship for his family and other employees. He supported the change in coverage.

Michelle Schuett, right, spoke to county commissioner Felicia Brabec, far left, and Diane Heidt, the county’s human resources and labor relations director.

Michelle Schuett, who is married to Ryan Schuett, also spoke in support of the health care coverage to include treatment for autism. In the past year, her family paid for private insurance so that they could afford treatment for their daughter. She described how much of an improvement it made in her daughter’s ability to communicate. But they couldn’t continue to afford that insurance, she said, so they’re excited that the county board is considering coverage of it.

Health Care Coverage for Autism: Board Discussion

Conan Smith (D-District 9) said the county is learning more about autism and how many people are suffering from it. The county’s public policy hasn’t kept up with the needs for families. He thanked the Schuetts for putting a human face on an issue that the county can do something about. “It’s very courageous of you to stand up like that,” he said.

Felicia Brabec (D-District 4) noted that there’s a $10,000 difference between the estimated annual costs for treatment and the top amount that the state would reimburse. Who picks up that difference? she asked.

Colleen Allen of the Autism Alliance of Michigan explained that as a self-funded entity, the county could decide how much it offers as coverage – it could be more than the state reimbursement, or less. She also noted that if left untreated, costs will emerge in other ways later in life – if a child needs special education, for example, or can’t be employed.

Several commissioners expressed support for the coverage. Ronnie Peterson (D-District 6) felt the county should make a long-term commitment, and not rely on state reimbursement. He hoped the board could appoint a committee that would investigate the cost and sustainability of this type of coverage, and recommend a policy for funding coverage if the state reimbursement fund is exhausted.

Andy LaBarre (D-District 7) noted that his wife is a special education teacher, and the parents of the children she teaches are those who deal with this firsthand. He pointed out that the hours missed from work in dealing with a child who has ASD, not to mention the emotional toll, will affect productivity. The coverage will actually pay dividends in other ways in the future, he said. He volunteered to serve on the committee that Peterson suggested.

Conan Smith said he had initially thought the county had already offered this benefit. He reported that his wife, state Sen. Rebekah Warren, had asked him about it, and he then learned that it wasn’t coverage that the county offered. In terms of costs, he noted that applying national statistics to the number of county employees, it’s likely that only about 16 children of employees would be affected with some form of ASD. If each child needed the extra $10,000 per year in coverage – beyond what the state would reimburse – that would be a total of $160,000, he noted. He advocated for adopting the highest coverage, and he’d like to track how many employees actually access it.

Smith also supported offering the coverage as early as possible, rather than waiting until 2015.

Outcome: This was not a voting item.

Health Care Coverage for Autism: Committee

Later in the meeting, Yousef Rabhi (D-District 8) brought forward a resolution to appoint commissioners Felicia Brabec (D-District 4), Andy LaBarre (D-District 7) and Ronnie Peterson (D-District 6) to a committee related to the health care benefits for autism. The committee’s charge was to (1) investigate the cost and sustainability of coverage of autism spectrum disorders; and (2) recommend a policy providing and funding coverage if the state reimbursement fund is exhausted.

The committee was asked to report back to the full board on Feb. 5.

Outcome: Commissioners voted to confirm the appointments to this new committee.

Health Care & Pension Benefits

Diane Heidt, the county’s human resources and labor relations director, prepared an update on the county’s overall health care and pension benefits. She provided a handout to commissioners, but did not make a formal presentation. [.pdf of health care and pension benefits presentation]

Alicia Ping (R-District 3) noted that some companies have required testing of new hires to make sure they’re nicotine-free. It wouldn’t apply to current employees, but Ping wondered if it’s something that the administration has considered for new hires. County administrator Verna McDaniel said it’s something they’d need to do more research on before bringing a recommendation to the board.

Conan Smith (D-District 9) asked Heidt if she could compile dollar amounts to show the county’s health care expenditures over the last decade, for both active employees and retirees.

Outcome: This was not a voting item.

PACE Program

Commissioners were asked to give initial approval to establish a countywide Property Assessed Clean Energy (PACE) program.

Andy Levin of Lean & Green Michigan.

The board had issued a notice of intent to create the program at its meeting on Jan. 8, 2014.

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, had attended a Dec. 4, 2013 board 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.

On Jan. 22, Levin again briefly addressed the board during public commentary, as did several business owners who supported the PACE initiative. The board also held a former public hearing on the proposal later in the evening, but Levin and others had left by that point and no one spoke during the formal hearing.

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]

PACE Program: Public Commentary

Six people addressed the board during public commentary about the PACE program. Kicking off the commentary was Andy Levin of Lean & Green Michigan. He told commissioners that some property owners and contractors had attended the meeting to speak about PACE and how the program affects their businesses. He thanked the board for moving the program forward.

Paul Brown introduced himself as an Ann Arbor and Washtenaw County citizen, who has spent his career working in finance. That includes some time spent working with Levin when Brown was vice president of capital markets at the Michigan Economic Development Corp. One of his tasks was to look at private capital markets, Brown said, especially those that didn’t work efficiently, and to try to “fill those gaps.” A lot of energy efficiency projects have a relatively long payout, he said, yet financing for that type of upgrade is of a relatively short duration. That results in a negative cash flow for the business. Brown described PACE as a revolutionary finance mechanism that allows a business owner to finance the project during its practical life, which makes it a cash-flow-positive scenario. When he was working for the state, Brown said, PACE was particularly attractive because it helped fill a financing gap.

From left: Commissioner Dan Smith (R-District 2) and corporation counsel Curt Hedger.

The state’s rule of thumb is if they can put in 10% capital and get a 10-to-1 leverage in economic activity, that’s a win, Brown said. PACE creates the economic activity with contractors and installation, but it also upgrades the infrastructure of buildings, which makes Michigan more competitive as a state, he said. One of the difficult things about Michigan is that its energy costs are relatively high, compared to other states. Combine that with a relatively old infrastructure, he added, and that’s a “double whammy,” making it difficult to become a competitive environment. PACE allows businesses in the state to help correct some of those inefficiencies and make them more competitive, Brown concluded.

The next speaker was Scott Ringlein, president and CEO of The Energy Alliance Group of Michigan, a partner of Lean & Green Michigan. He described a current project that they’re working on for McDonald’s in Washtenaw County – installing a geothermal system for about $85,000. With existing programs, like Michigan Saves, the business would only get financing for a 60-month period. But with PACE, that financing could be extended to 10-20 years, he said, which would result in immediate positive cash flow. A lot of technologies that are used for energy efficiency have a life of 20-30 years, Ringlein said. Another advantage is that the financing is tied to the property, not the business, he noted.

Alexis Blizman, policy director for the Ann Arbor-based Ecology Center, also supported the countywide PACE program. The economic benefits of the program and the ability for businesses to save money are really important, she said, but the program also benefits the environment. Investments in energy efficiency can significantly reduce greenhouse gases, she said, and help mitigate climate change. It’s the best way to reduce stress on the energy grid, to eliminate the need for new power generation, and to allow for time for the market to change so that the price of renewable energy decreases. She urged commissioners to support the program.

Mike Larson of Simon Property Group – developers of Briarwood Mall – also supported the PACE initiative, saying it allowed businesses to do projects that otherwise wouldn’t be possible. Briarwood Mall recently underwent a significant renovation, he noted. Upgrades included replacing all the lights with LED lighting – a costly but important change, he said. Larson concluded by urging commissioners to adopt the PACE program.

Zach Mathie of Patriot Solar Group in Albion, Michigan, expressed support for the county’s PACE program. It’s good for businesses, the community, and renewable energy, he said.

County treasurer Catherine McClary, speaking later in the meeting about the dog licensing agenda item, also addressed the board about the PACE program, saying there are compelling reasons to support it. From the perspective of the treasurer’s office, if a PACE project is delinquent, it would be no different than anyone else who might have a delinquent tax or special assessment, she said. Her office would initially advance money to the county to cover it, but if she couldn’t recover the delinquent taxes or assessment in a foreclosure or auction, then the county would have a charge-back and repay those funds.

The charge-back is one of two risks that McClary identified. The second risk is if an entity that’s exempt from special assessments – like a local government – purchases the property at a foreclosure auction. In that case, the stream of revenue from the special assessment would no longer be available. That risk can be mitigated if it’s clear that the financing entity, such as a bank, accepts the risk rather than the county. She said she’d be glad to work with whoever administers the program to ensure that the county taxpayers are protected.

The board also held a formal public hearing on the PACE program later in the evening. No one spoke during at that time.

PACE Program: Public Commentary – Board Response

Conan Smith (D-District 9) thanked the speakers who had supported PACE, noting that many of them had come from long distances. The county has supported this kind of environmental initiative and has enjoyed being on the forefront of innovation, he said. He hoped that by mid-February, there would be a PACE program that businesses could take advantage of in Washtenaw County.

Yousef Rabhi (D-District 8) also said he appreciated hearing from supporters of the PACE program, and he looked forward to acting on that.

There was no other discussion of this item before the board vote.

Outcome: Commissioners gave initial approval to establish a countywide Property Assessed Clean Energy (PACE) program. A final vote to establish the program is expected at the board’s Feb. 5 meeting.

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: Staff to Support Board’s Budget Priorities

Toward the end of the meeting, Ronnie Peterson (D-District 6) asked about an item that was on the Jan. 22 agenda, but not discussed. The item was listed as part of the county administrator’s report, and referred to direction that the board had given to county administrator Verna McDaniel at the board’s Nov. 20, 2013 meeting: To research and recommend staffing options that would support the board’s community investment priorities.

County commissioner Ronnie Peterson.

Peterson said he assumed that this directive emerged from a meeting of the board’s leadership. Addressing board chair Yousef Rabhi, Peterson said: “Give me some history … regarding this position, and where you’re going with it.”

Rabhi reminded Peterson that the board had discussed the need to continue the budget process beyond just a vote to approve it, which was taken at the end of 2013. McDaniel reported that she’s still gathering information in order to develop a recommendation. She planned to bring something to the board at a future meeting, and said she’s been working with Felicia Brabec (D-District 4) and other commissioners on a proposal. [Brabec is chair of the board's ways & means committee, on which all commissioners serve. She also led the board's budget process.]

Brabec added that with a four-year budget, the board also set up a new strategic model to help them determine where the county’s resources should go. To do that, the board needs some staff support, she said. The board set goals as well as outcomes that are intended to measure how those goals are being achieved. If the board doesn’t continue to move forward on these things, “there was really no point in doing that process,” she said.

Peterson said it sounded really vague to him. Brabec replied that they need to do a needs assessment and gap analysis – that’s the first step. Peterson contended that “somewhere, some major strategy is being laid” – he had read all of the budget documents, he said, and it wasn’t clear to him what was being proposed. He asked whether the proposal is simply a series of reports. He criticized commissioners for not paying attention to the agenda item that had mentioned the staffing recommendation.

Conan Smith (D-District 9) said his expectation was that the recommendation wouldn’t call for reports, but would be for staffing. He had hoped that McDaniel would hire a senior-level position, but she’d heard from other commissioners that such a position wasn’t broadly supported. “I think the reason you don’t have something in front of you today is that there’s tension about how we effectively staff the function that we’re describing,” Smith said. He expected McDaniel will now bring forward a job description or scope of work for a contracted position. He hoped the person would attend board meetings or working sessions to provide regular updates, and to work with the county’s senior staff and department heads as this process moves forward.

Peterson wondered how they arrived at this decision. It was important to discuss this as a board, he said. He criticized the board leadership, saying that part of their role is to communicate with other commissioners.

By way of background, the board – including Peterson – discussed this issue at length at its Nov. 20, 2013 meeting. From The Chronicle’s report of that session:

Regarding the “community outcomes” document and the revised budget document that now included a section on “community impact investing,” Peterson wondered if there was any indication about the amount of staff time and resources that would be required to implement this approach. He said he didn’t have a problem with the budget priorities themselves, but it wasn’t clear how those priorities would be carried out, or what line item in the budget was designated for this purpose. He said he’d like to see a timeframe for how the board could start addressing these priorities during the remainder of their term, which runs through 2014. Was any of this information in the budget document? he asked.

Felicia Brabec (D-District 4) replied, saying that the revisions added to the budget document on community impact investing had stemmed from the community outcomes resolution that was also on the Nov. 20 agenda. Other commissioners have raised similar questions about how these outcomes will be implemented, she said. The county administrator, Verna McDaniel, will be taking the lead on that. Brabec pointed to text in the revised budget document that outlined this approach: “The County Administrator will bring a planned recommendation to implement the Community Impacts process with appropriate staffing and budget at the first business meeting in 2014, January 22, for BOC approval.”

Where will the funding come from to implement this process? Peterson asked again. The county already has a lot of obligations, he noted.

Rabhi responded to Petersen, saying that in the previous two-year budget approach, the first year would be spent developing the budget, but the second year would be focused on other things. The intention of the proposed four-year budget and community outcomes approach is to help keep the board involved in the budget as a “living document,” Rabhi said, and to have an active role in managing the budget as circumstances change.

The Feb. 5 agenda now includes an item that would authorize the “creation of a contractual, qualified professional position to assist the BOC to develop strategies and provide oversight for the integration of the Board-defined community impacts and outcomes into organizational and departmental programs, policies and budget priorities.”

According to a staff memo, the position would report to the county administrator, and compensation would not exceed the scope of the administrator’s authority. [.pdf of staff memo and resolution on Feb. 5 agenda]

Communications & Commentary: Road Funding

Alicia Ping (R-District 3) reported that a subcommittee that’s exploring the future of the Washtenaw County road commission had met prior to the county board meeting that night. The subcommittee, which Ping chairs, had voted to ask the county board to pass a resolution urging Gov. Rick Snyder to allocate the state’s budget surplus for road repair, distributed to local entities using the current state formula for road allocations. [A resolution on this issue is now on the board's Feb. 5 agenda.]

Communications & Commentary: Mayoral Race

At the end of the Jan. 22 meeting, Yousef Rabhi (D-District 8) reiterated his statements from earlier in the month that he would not be running for the mayor of Ann Arbor this year. He restated his commitment to the county board.

The Chronicle queried another Ann Arbor commissioner, Democrat Conan Smith (D-District 9), about the possibility of a mayoral candidacy or a decision to run for re-election to the county board. Smith’s reply, via email on Jan. 23: “I haven’t made any decisions about 2014 at all at this point.”

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

Absent: Rolland Sizemore Jr.

Next regular board meeting: Wednesday, Feb. 5, 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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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] The board held a public hearing about this proposal on Jan. 8, 2014 when one person, Thomas Partridge, spoke. The board had held a previous hearing at its meeting on Oct. 16, 2013, but it occurred after midnight and no one attended.

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 new civil infraction fines would be $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.

A draft resolution and staff memo had been prepared in November 2013 but the item was not brought forward to the board for a vote last year. The current proposal is similar to that initial draft. [.pdf of Jan. 22, 2014 resolution and memo]

The county treasurer’s office also 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. There would be no charge to license service dogs, with proper documentation and proof of rabies vaccination. More information about current dog licenses is available on the county website.

Deliberations at the Jan. 22 meeting included the importance of outreach to educate residents about the changes.

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]

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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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, Tom Partridge, spoke at the Jan. 8 hearing.

The board had held a previous hearing at its meeting on Oct. 16, 2013, but it occurred after midnight and no one spoke.

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.

However, a draft resolution and staff memo were 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).

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

County administrator Verna McDaniel and her finance staff had presented the budget on Oct. 2, 2013. The board gave initial approval to the budget on Nov. 6, with some amendments, on a 7-2 vote over the dissent of Dan Smith (R-District 2) and Ronnie Peterson (D-District 6).

The $103,005,127 million budget for 2014 – which represents a slight decrease from the 2013 expenditures of $103,218,903 – includes putting a net total of 8.47 full-time-equivalent jobs on “hold vacant” status, as well as the net reduction of a 0.3 FTE position. The recommended budgets for the following years are $103,977,306 in 2015, $105,052,579 in 2016, and $106,590,681 in 2017. The budgets are based on an estimated 1% annual increase in property tax revenues. [.pdf of draft budget summary]

Also on Nov. 6, the board scheduled a second public hearing to be held on Jan. 8, 2014 for a proposed ordinance that would allow the county to issue municipal civil infractions for owning an unlicensed dog. 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 dog license ordinance] [.pdf of staff memo and resolution]

The first public hearing on this proposal, also held on Oct. 16 after midnight, did not draw any speakers.

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

About 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 Oct. 16 meeting, nor was there any resolution on the agenda regarding a new fee structure for dog licenses.

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 are on the county website.

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