From left: former Congressman Wes Vivian talks with Washtenaw County board chair Yousef Rabhi (D-District 8) before the board’s July 9 meeting. Vivian is advocating for the board to put a proposal on the Nov. 4, 2014 ballot regarding the U.S. Supreme Court’s Citizens United ruling. (Photos by the writer.)

Linda Edwards-Brown, the county’s juvenile division administrator, told commissioners that there’s been an increase in young men “terrorizing” their communities. The sheriff’s office and court had started working together several months ago after they began observing an increase in gang-type activity, she said, including home invasions, firearm larceny, and assaulting police officers. They’d been hopeful that they could stem the tide of violence, she added, but it had escalated with a death in Ypsilanti earlier this summer.

So the sheriff’s office and court officials have reached consensus to remove some of these young men from the community and put them into residential facilities in other parts of the state, Edwards-Brown said. The juvenile division of the Washtenaw County trial court will place at least six youths in residential facilities this month, in addition to six youths who are currently in residential placements. According to a staff memo, residential placements are costly, with a typical length of stay at nine to twelve months.

At the July 9 meeting, commissioners and staff expressed the need to continue working on this issue as a community-wide effort.

In other action, commissioners were asked to pass a resolution making mid-year budget adjustments and allocating this year’s higher-than-expected property tax revenues, as well as putting the $3.9 million surplus from 2013 into unearmarked reserves.

The adjustments passed on a 6-2 vote, with Dan Smith (R-District 2) and Conan Smith (D-District 9) dissenting. Andy LaBarre (D-District 7) was absent. Dan Smith objected to spending more than was budgeted and making budget changes outside of the annual budget affirmation process, which takes place later this year. Conan Smith didn’t state his reason for voting against it on July 9, though in the past he has advocated for spending more of the surplus, rather than setting it aside in the fund balance.

Commissioners also authorized putting a proposal on the Nov. 4, 2014 ballot to renew a 10-year, 0.2353-mill countywide parks and recreation operations tax. They held public hearings related to other millages that the county plans to levy later this year: (1) for support of indigent veterans and their families; and (2) to fund economic development and agricultural activities, under Act 88. The hearings drew one speaker – Thomas Partridge.

Related to the health department, the board created a new board of health to help oversee public health services in the county. A state official was on hand to talk about the accreditation process that the Washtenaw County public health department completed earlier this year.

Commissioners voted to accept the recommendations of a task force that’s been working on a funding strategy to help end homelessness, and to sunset that task force. The board also made appointments to a new committee that’s charged with exploring funding options for road repair.

Several issues were raised during public commentary. Former Congressman Wes Vivian urged the county board to place a proposal on the Nov. 4, 2014 ballot enabling Washtenaw County voters to ask the state to support a constitutional amendment to overturn the Citizens United decision. That U.S. Supreme Court ruling has resulted in corporations “sloshing big money into our elections at all levels,” Vivian said.

Also during the meeting, commissioners honored Arthur Williams, who is retiring as principal of Huron High School in Ann Arbor after 19 years in that job. The board also passed proclamations welcoming the United Association (UA) of plumbers and pipefitters and the Ironworkers International. Both unions hold training programs in Washtenaw County each summer.

At the beginning of the meeting, Rabhi asked for a moment of silence in memory of Rowan David LaBarre, the newborn son of commissioner Andy LaBarre and his wife Megan LaBarre. Rowan David had passed away earlier in the week. “We all pray and hold Rowan in the light of our prayers and thoughts,” Rabhi said.

Funding to Address Juvenile Crime

The July 9 agenda included a resolution authorizing the use of $642,707 from the Child Care Fund balance to pay for a range of services overseen by the county’s dept. of human services. The use of $642,707 will drop the Child Care Fund balance from $1,041,882 to $399,175. [.pdf of staff memo]

Linda Edwards-Brown, the county’s juvenile division administrator.

The resolution authorized an amendment to the Child Care Fund (CCF) budget for the current fiscal year. The request came from the Washtenaw County Trial Court’s juvenile division and the county’s department of human services – the entities that oversee programs supported by the CCF.

According to a staff memo, the CCF is a collaboration between the state and county circuit courts to support programs that serve neglected, abused and delinquent youth in Michigan. The state reimburses counties for 50% of all eligible CCF expenses.

The specific request on July 9 was for an increase in the CCF budget from $1,872,928 to $2,500,000 for the 2014 county fiscal year, which runs from Jan. 1 through Dec. 31 – an increase of $642,707.

Expenditures for the children’s services department are expected to be $262,341 over the current budget during the county fiscal year. Those expenses relate to use of part-time temporary staff as well as overtime, according to the staff memo, “to ensure that Children’s Services remains in compliance with state licensing requirements for juvenile detention facilities.”

In addition, the Trial Court’s juvenile division planned to put at least six youths in out-of-home placements in July. Another six youths are already placed. The typical length of such placements is nine to twelve months at an average $260 per day, per youth. That cost can range from a low of $150 to a high of $522. The total cost for the remainder of the county fiscal year is projected to be $396,000.

In addition, detention beds in the county’s children’s services facility have been occupied at or near capacity for all of 2014, which has resulted in the need for part-time temporary staff as well as overtime pay.

Funding to Address Juvenile Crime: Board Discussion

Ronnie Peterson (D-District 6) asked about the timing of this request. Linda Edwards-Brown, the county’s juvenile division administrator, clarified that the request for funding is for the county’s fiscal year, through Dec. 31. However, the Child Care Fund (CCF) budget is aligned with the state’s fiscal year, from Oct. 1 through Sept. 30. Edwards-Brown noted that the budget amendment would run only through Dec. 31, 2014. “We’ll be back here in a few months to look at the 2014-2015 Child Care Fund budget,” she said.

Ronnie Peterson (D-District 6).

Peterson expressed interest in seeing long-term budget projections. It’s not about the money, he added, but it’s important to find out what’s happening in the juvenile justice system. The county needs to know what its financial obligations are to address some of the issues that are occurring in the community, which are causing youth to end up in detention facilities.

Edwards-Brown told commissioners that a group of young men are “terrorizing” their communities. They are carrying weapons, displaying weapons on social media, committing home invasions, and stealing guns.

Several months ago, the sheriff’s office and the court started working together as they saw the beginning of what seemed to be gang-type activity, Edwards-Brown said. “We were hopeful that we would be able, by working together, to stem this tide of violence that we’re seeing in the community. We were unable to do that.”

Last month, a young man was murdered in Ypsilanti, Edwards-Brown said. It’s a problem that the sheriff’s office had predicted, she added. Now, collectively, the court and sheriff’s staff have decided they need to remove the young men from the community, she said. “So that’s the answer as to why we’re here tonight asking for more money for residential placements.”

The trial court has made a concerted effort over the last several years to keep youth in the community and work with them in their homes, Edwards-Brown said. But at this point, public safety is an issue, as well as the safety of these young men, she said. They can’t be “safely maintained” in the community, and need to be taken outside their homes, she said.

Derrick Jackson, director of community engagement for the sheriff’s office, reported that last summer, deputies started to notice an increase in juvenile violence and an escalation in crimes that juveniles were committing. He noted that in the early 1990s, there was gang activity in the area and a lot of those gang members were taken off the streets for 10-15 years. The question since then has been how can the community change so that when those men got back out, “things won’t go back to the way they were,” he said.

Derrick Jackson, director of community engagement for the Washtenaw County sheriff’s office.

Fortunately, those men didn’t go back to criminal behavior, Jackson added, but some of their children, younger siblings and other relatives are now in their teens, and are starting to get involved in gang-type activity. The good thing about having a conversation now is that it’s at an early stage, he said, “and we’re hoping we can prevent some of this.”

They’re not saying that the answer is to lock up every kid who’s associated with these things, Jackson stressed. But this is one of the answers for a small percentage of kids who are very violent, carrying weapons, doing drugs and who ultimately committed homicide.

A large task force is coming together to talk about a “holistic, wrap-around response to what we’re seeing in the community,” Jackson said, because it’s such a significant issue. He noted that about 55 community leaders – including some county commissioners – had met recently to talk about the juvenile criminal justice system, and everyone had seen an increase in problems. When he talks to high school and middle school teachers in the eastern part of the county, they all say the same thing – they see a difference in how young people are acting.

Jackson said that when you see the train coming down the track, you can prepare to get run over or you can figure out a way to stop it. People in the county are working to stop the train, he said.

Lisa Greco, the county’s youth center director, noted that juvenile detention is where kids are placed when law enforcement removes them from the community. They’re held in secure custody until decisions can be made about what to do next. The juvenile detention center has seen more than a 25% increase in population and days of care, Greco said. Managing the dynamics in the community is challenging, she said, and managing those kids in the confined space of juvenile detention is also a challenge. “I think we’ve been up to it, and have taken good care of the kids,” she said.

Rolland Sizemore Jr. (D-District 5).

The community is at a crossroads, Greco added. There’s a need for an immediate response, as well as a call to action to re-examine the juvenile justice system in Washtenaw County in its entirety. “We need alternatives to juvenile detention,” she said. There needs to be early identification, intervention and assessment for kids who are struggling in the community.

Rolland Sizemore Jr. (D-District 5) expressed concern about the kids who’ll be sent to places outside of Washtenaw County. “What happens when they get done and come back here?”

Edwards-Brown replied that none of the young men will be sent out of state. They’ll be sent to Maxey Boys Training School in Whitmore Lake, Turning Point Youth Center in St. Johns, and other facilities within Michigan. “We want them to have the opportunity for their families to visit them and to participate in family therapy while they’re in these placements,” she said.

These young men will eventually be returning home in nine to 12 months, Edwards-Brown noted. So it’s important to bring change to their homes, so that they won’t be returning to the same situation, she said.

Sizemore advocated for having an individual or entity examine all the programs in the county that help youth. He thought there were duplicative services, and the services should be better coordinated. He also hoped the school districts would get involved, and that parents would be supported. He praised Jackson, sheriff Jerry Clayton and deputies for doing difficult work. But it’s time to stop studying the situation and to put some money directly into programs that will help youth, he said.

Alicia Ping (R-District 3) said she first heard about the Ypsilanti murder on Facebook, from a friend who lived in that neighborhood. She thought that by removing these young men, it will help the community as a whole. It will provide hope to the people living there, since they won’t be living in a place of fear. It’s important to let residents know that the community cares about what’s happening in those neighborhoods, Ping said, and that action is being taken to help.

Alicia Ping (R-District 3).

Edwards-Brown stressed that “this may not be the panacea.” Although the additional funding will help remove a certain number of young men, “there are brothers and sisters and nieces and nephews and cousins – so we have a bigger problem that we have yet to address,” she said. “We’re hoping to, quite frankly, save lives – the lives of these young men, and perhaps someone else in the community. But our work is far from done.”

Peterson said the problem isn’t just isolated to Ypsilanti – it’s something happening nationwide. He noted that the funding for this request is coming from the Child Care Fund reserves, but it’s unclear where funding will come from in the future. It could be a budget that inflates much higher, because the county has an obligation to provide services to all youth in need, he said.

Peterson suggested that the county administrator, Verna McDaniel, and the county board chair, Yousef Rabhi (D-District 8), work with staff to identify budget projections and future demand for services. If there’s a trend, the board should be aware of it well in advance, he said. “This is not going to be a gang haven,” he said. “The is not the Wild West.” Washtenaw County has the reputation as a great place to raise children, and they need to maintain that, Peterson added.

Jackson offered to make a presentation to the board with more details about the responses that are being planned. He said he’d spoken with three different mothers who had noticed that their sons were changing, but who couldn’t find help until the situation had escalated. That’s what needs to be addressed, he added – how to structure something in this community that will align the human services with the real issues that need attention.

Conan Smith (D-District 9) drew attention to the fact that fund balance is being used. The CCF fund balance will be depleted by two-thirds with just this one allocation, he noted. It’s an important allocation, and the kind of thing that fund balances are used for, he added. “But we’re doing it regularly now – dipping into departmental fund balances for programmatic expenditures.”

At the same time, Smith noted, the board is set to add money to the general fund reserves. He expected to see other proposals from departments later this year, also requesting to use their departmental fund balances. “This is a fiscal policy question that we really ought to be grappling with,” Smith said.

McDaniel pointed out that it’s actually a $1.3 million problem – the county’s $642,707, plus an equal amount that will be reimbursed by the state.

Outcome: Commissioners unanimously approved the Child Care Fund budget amendment.

Mid-Year Budget Adjustments

Commissioners were asked to pass a resolution making mid-year budget adjustments and allocating this year’s higher-than-expected property tax revenues, as well as a $3.9 million surplus from 2013.

County administrator Verna McDaniel.

The adjustments increased the general fund budget’s expenses and revenues by $720,486 for 2014, $733,233 for 2015, $745,980 for 2016 and $758,727 for 2017. The county operates on a four-year budget, with the fiscal year matching the calendar year.

The adjustments also followed the recommendation of county administrator Verna McDaniel, and set aside the $3,920,818 surplus from 2013 in unearmarked reserves, rather than spending it. The projected year-end 2014 fund balance is $20,638,675. The county board had previously approved a goal of holding a fund balance equal to 20% of its general fund budget. For 2014, the general fund budget is $103,127,202. [.pdf of staff memo and mid-year budget resolution]

In addition, the following mid-year budget adjustments were made to the general fund:

• Structural adjustments resulting in a $494,677 increase in expenditures for (1) providing employee health care coverage for autism; (2) a consultant to help with the board’s budget priority work, (3) a “local government initiatives” intern; (4) reinstatement of two full-time equivalent positions in the sheriff’s office; and (5) salary adjustments for non-union employees.
• Non-structural, one-time, adjustments that increased expenditures by $65,000 for homelessness initiatives.

The administration recommended that the remaining $160,809 be held as an undesignated allocation until budget projections improve as new information becomes available. The administration will present a second-quarter budget update at the board’s next meeting on Aug. 6, 2014.

Mid-Year Budget Adjustments: Board Discussion

Dan Smith (R-District 2) noted that it’s been less than three months since Raman Patel, the county’s equalization director, told the board about higher-than-expected tax revenues, which resulted in about $750,000 more revenue this year than had been budgeted for 2014.

Dan Smith (R-District 2).

Now, the board is already spending almost $600,000 of that surplus, which hadn’t been included in the original 2014 budget, Smith noted. There is no shortage of things to spend this money on, he continued, including over $234 million in unfunded liabilities “which we have no particular plan to pay for, other than amortizing payments over 26 years – something that our actuary is recommending against us doing.” The actuary would like to see that amount amortized over a much shorter period of 10 years.

Smith said he had no problem with making technical budget adjustments as they come along. But one of the reasons to have a four-year budget is to have a plan and then execute that plan, Smith said.

If the board wants to “be constantly in budget mode,” he said, then they could simply have a one-year budget. Unless there’s an emergency situation or deadlines that are outside of the county’s control, he thought it would be more appropriate to make these changes in the fall, during the board’s annual budget reaffirmation process.

There was no additional discussion on this item.

Outcome: The budget adjustments were passed on a 6-2 vote, over dissent by Dan Smith (R-District 2) and Conan Smith (D-District 9). Andy LaBarre (D-District 7) was absent.

County Parks & Rec Millage

The board was asked to pass a resolution that would authorize putting a proposal on the Nov. 4, 2014 ballot to renew a 10-year countywide parks and recreation operations millage.

Bob Tetens, director of Washtenaw County parks & recreation.

The resolution on July 9 was for an amended version, compared to a resolution given initial approval on May 21, 2014. That’s because some state-mandated information had inadvertently been left off the proposed ballot language in the original resolution, according to a staff memo. [.pdf of staff memo]

The operations millage was first authorized by voters in November 1976 at 0.25 mills for a 10-year period and has been renewed three times. Because of the state’s Headlee amendment, the rate that’s actually levied has been rolled back and is now 0.2352 mills. The current millage expires in December 2016.

If renewed again, it would generate an estimated $3.4 million annually – or about half of the parks & rec annual operating expenses. Other revenue sources are admission/gate/membership fees charged seasonally at facilities including the Meri Lou Murray recreation center, the water/spray parks, and the Pierce Lake golf course. Funding is also received from state and federal grants as well as private donations.

The county parks system receives most of its funding from two countywide millages. In addition to the operations millage, another millage pays for capital improvements and park development. It was also originally levied at 0.25 mills, but has been rolled back to 0.2367 mills.

In addition, a third millage – levied at 0.25 mills but rolled back to 0.2409 mills – funds natural areas preservation, bringing in about $3 million annually. It was first approved by voters in 2000, and renewed for another 10 years in 2010.

The county’s parks & recreation department is overseen by a separate entity – the parks & recreation commission – whose members are appointed by the county board. The county board has the authority to put a parks millage proposal on the ballot, but does not authorize expenditure of the funds. That responsibility rests with the parks & recreation commission. The group meets monthly at the parks & recreation office at County Farm Park, and its meetings are open to the public.

County Parks & Rec Millage: Board Discussion

Conan Smith (D-District 9) advocated for support of this millage in November. The county parks & recreation commission has done incredible things, he said. [Conan Smith serves on the commission, along with Dan Smith (R-District 2) and Rolland Sizemore Jr. (D-District 5).] There’s a park or preserve or recreation facility in nearly every community throughout Washtenaw County, and most of the county facilities are free to the public, he noted. The parks & rec commission also leverages funds from the state, Smith added, on projects like the Border to Border trail. It’s worthy of the continued support of county citizens, he concluded.

Yousef Rabhi (D-District 8) said he hears a lot from people around the state and nation about how unique the county parks & rec system is. He also supported the millage renewal.

Outcome: The board unanimously approved placing the millage renewal on the Nov. 4, 2014 ballot.

Appointments

There were two sets of appointments on the July 9 agenda – for a road funding committee, and the board of public works.

Appointments: Road Funding Committee

Commissioners were asked to approve appointments to a new committee that’s charged with exploring funding options for road repair.

The board had created the road funding committee on June 4, 2014, after debating whether to levy a countywide road millage or put a millage proposal on the Nov. 4, 2014 ballot to fund road repair. The final vote to create the committee had been 6-1 vote, over dissent from Conan Smith (D-District 9). Commissioners Yousef Rabhi (D-District 8) and Dan Smith (R-District 2) were absent.

In arguing against levying a tax at that time, some commissioners cited the need to study funding options – including a possible Act 283 levy, which doesn’t require voter approval – before making a decision.

On July 9, Rabhi proposed an amendment to his original resolution, adding two new slots – one for the director of the Washtenaw Area Transportation Study (WATS), and one for an additional county commissioner slot, to make it an odd-numbered roster.

Rolland Sizemore Jr. (D-District 5) wondered why nine members were needed. Rabhi said he wanted to add the WATS representation because that group has been doing a lot of work on the road funding issue, and would like to participate. “It’s less a matter of the number of people, and more a matter of who we have at the table,” Rabhi said.

Outcome on amendment: Commissioners approved the amendment on a voice vote.

The following members were nominated by Rabhi:

• Lew Kidder, representing the general public
• Bill McFarlane, representing the road commission
• Roy Townsend, managing director of the road commission
• Rolland Sizemore Jr., the county board of commissioners’ liaison to the road commission
• Dan Smith, county commissioner
• Kent Martinez-Kratz, county commissioner
• Rodrick Green, Superior Township trustee, representing townships
• Steve Powers, Ann Arbor city administrator, representing incorporated municipalities
• Ryan Buck, director of the Washtenaw Area Transportation Study (WATS)

The resolution directs the committee to meet within 60 days of this appointment to elect officers and draft bylaws. The committee is to report to the county board at its Sept. 17, 2014 meeting, and make quarterly updates after that with a final report due in December 2015.

The county administrator will help provide administrative support to the committee.

For additional Chronicle coverage on road-related issues, see: “County Board Continues Weighing Road Tax,” “County Board Debates Expanded Road Commission,” “County Board Sets Hearing on Road Tax,” “County Considers Road Funding Options,” “No Major Change Likely for Road Commission” and “Group Explores Road Commission’s Future.”

Outcome: Commissioners unanimously approved the appointments to the road funding committee.

Appointments: Board of Public Works

Yousef Rabhi nominated Steve Feinman to the county’s board of public works for the remainder of a three-year term ending Dec. 31, 2015.

According to the department of public works website, the board of public works “focuses on assisting local communities within Washtenaw County in addressing environmental and public health issues and development needs, including wastewater disposal and collection, water treatment and supply, lake management, and solid waste management.”

There was no discussion on this appointment.

Outcome: Feinman’s appointment was made on a unanimous vote.

Public Hearings: Act 88, Veterans Relief Millages

The board held two hearings on July 9 related to millages that the county plans to levy later this year: (1) for support of indigent veterans and their families; and (2) to fund economic development and agricultural activities.

Kent Martinez-Kratz (D-District 1).

For support of indigent veterans, the county’s position is that it is authorized to collect up to 1/10th of a mill without seeking voter approval. That’s because the state legislation that enables the county to levy this type of tax – the Veterans Relief Fund Act, Public Act 214 of 1899 – predates the state’s Headlee Amendment. The county first began levying this millage in 2008, and collects the tax in December. Services are administered through the county’s department of veterans affairs.

Since 2008, the county board has slightly increased the rate that it levies each year. In 2012, the rate was 0.0286 mills – or 1/35th of a mill. It was raised to a rate of 1/30th of a mill in December 2013, to fund services in 2014.

The current proposal is to levy 1/27th of a mill in December 2014, which is expected to raise about $540,887 in revenues for use in 2015.

No increase is proposed for the economic development millage, levied under Act 88 – another pre-Headlee law. The proposal is to levy 0.07 mills in December 2014, raising an estimated $1,022,276 in property tax revenues. In previous years, the resolution setting this millage has outlined how the revenues would be allocated. The largest allocations have gone to the county’s office of community & economic development, and to the nonprofit Ann Arbor SPARK.

However, at its Nov. 6, 2013 meeting, the board adopted a new policy for allocating Act 88 revenues, drafted by Conan Smith (D-District 9). [.pdf of Act 88 policy] The policy included creating an Act 88 advisory committee to make recommendations to the board and prepare an annual report that assesses how Act 88 expenditures have contributed toward progress of goals adopted by the board. The policy allows the committee to distribute up to 10% of annual Act 88 revenues without seeking board approval. The policy also allocates up to 30% of revenues to the county office of community & economic development, which administers Act 88 funding.

On July 9, only one person – Thomas Partridge – spoke at these public hearings. He endorsed the veterans relief millage, and questioned whether it would provide sufficient support for indigent veterans. He also questioned whether the amount levied under the Act 88 millage was sufficient for a county this size.

Outcome: This was not a voting item. A vote to levy these millages would be made at a future meeting.

Task Force on Homelessness

Commissioners were asked to accept the report and recommendations of a task force that’s been working on a funding strategy to help end homelessness. The resolution also sunsets that task force.

Felicia Brabec (D-District 4).

The leadership group for the Task Force on Sustainable Revenues for Supportive Housing Services to End Homelessness made a presentation at the board’s May 22, 2014 working session. Their recommendations include the goal of building a $50 million endowment over 20 years. Payouts from the endowment would fund supportive services – such as treatment for mental illness and substance abuse – with the intent of addressing the root causes of homelessness. The concept is called permanent supportive housing, and is part of the community’s broader Blueprint to End Homelessness, which was created in 2004 and is being updated.

A possible millage – recommended at 0.25 mills, for no more than 20 years – would help fund supportive services while the endowment is built. County commissioners are being asked to consider putting such a millage on the ballot, possibly in 2015.

Several steps have already been taken to achieve these goals. An endowment was established in 2011, with $2.1 million in commitments so far. That amount includes a $1 million gift from the St. Joseph Mercy Health System to create the endowment, which is called the Sister Yvonne Gellise Fund for Supportive Services for Housing. Gellise is the former CEO of St. Joe’s. She served on the task force and is a founding board member of the Washtenaw Housing Alliance. Another $1 million commitment comes from the Ann Arbor Area Community Foundation (AAACF), where the endowment is housed. AAACF CEO Cheryl Elliott is another task force member. In addition, an anonymous donor has contributed $100,000.

The first fund distribution – of $26,100 – will be made this fall in a competitive grant process. AAACF’s distribution committee – an all-volunteer group – will be responsible for making grant recommendations.

AAACF is also helping provide a three-year, part-time development job to support fundraising for this endowment. Funding for the position will come from the Washtenaw Housing Alliance ($25,000), the AAACF ($5,000) and an anonymous donor ($10,000).

The foundation posted the position earlier this summer, with the intent of making a hire as soon as possible. The position would be in place until at least mid-2017. The employee will report to AAACF’s vice president for development and donor services, and to the Sister Yvonne Gellise Fund development committee. Members of that committee are the same people who’ve served on the leadership team of the task force, Elliott said. In addition to herself, members include Bob Chapman, Sister Yvonne Gellise, Bob Guenzel, Norm Herbert and Dave Lutton.

There was no discussion on this item at the July 9 meeting.

Outcome: Commissioners unanimously voted to accept the report and sunset the task force.

Public Health Accreditation

Mark Miller, director of local health services with the Michigan Dept. of Community Health, attended the July 9 meeting to talk about the accreditation process that the Washtenaw County public health department completed earlier this year. [.pdf of letter from Dept. of Community Health director]

Washtenaw County health officer Ellen Rabinowitz and sheriff Jerry Clayton.

Miller thanked commissioners and staff, including county health officer Ellen Rabinowitz and retired health officer Dick Fleece, who both attended the July 9 meeting. Miller presented certificates of accreditation, and praised the achievement. It’s the fifth cycle that Washtenaw County has completed, passing stringent standards in the accreditation program, he said. The standards are hard to meet, Miller added, especially when budgets are tight.

Ten program areas were reviewed, and of 140 indicators, the Washtenaw County health department only missed one, Miller reported. “I don’t get to go to too many counties and get to say that – generally, [other counties] miss quite a few more.” Washtenaw County eventually achieved 100%, he noted.

Washtenaw County also passed an optional quality improvement supplement, which only about half of the health departments in Michigan have achieved, Miller reported. It means the county has a comprehensive program for improvement.

“This performance is no fluke,” Miller told commissioners. The Washtenaw County health department maintains many partnerships, which allow it to leverage resources and provide better services for residents. That’s admirable, he said.

Miller highlighted several comments included in the accreditation report, including praise for the health department’s website and for support from county commissioners for initiatives like breastfeeding-friendly policies. He called out Sharon Sheldon, the program administrator for health promotion and disease prevention, for her unit’s work. Special recognition is deserved for the HIV/STD program, the report noted, because client return rates for HIV test results have exceeded 96%. Programs in hearing and vision care were also commended, as was the food safety unit, overseen by Kristen Schweighoefer, and several other programs. Miller also noted that Washtenaw County is a pioneer in trying to manage requests for vaccine waivers.

Miller concluded by saying the state was very impressed by the county health department’s efficient and innovative programs. “You guys have a really terrific health department here,” he said.

Board of Health

A resolution to create a board of health was originally on the board’s June 4, 2014 agenda for final approval, but was postponed until the July 9 meeting. The entity would provide advice on public health issues for the county. Commissioners had given initial approval to the item at their May 21, 2014 meeting.

A description of the board’s duties is outlined in a staff memo that accompanied the resolution:

The purpose and role of a Washtenaw County Board of Health will be to identify public health problems and concerns in the community, establish health priorities, and advise the Board of Commissioners and the Health Department on issues and possible solutions. The Board of Health will serve as advocates and educators for public health services and policies. The Board of Health will provide oversight and guidance to the Health Department, and will recommend a program of basic health services to the Board of Commissioners.

The new Board of Health will have the authority to hear appeals and requests for variances from the local public health and environmental regulations established under the Public Health Code. The Board of Health will have the authority to hear appeals regarding the suspension or revocation of food service licenses.

The resolution creating the health board also dissolves an existing environmental health code appeals board and the hearing board for the Health Department Food Service Regulation. The duties of those boards would be absorbed by the new health board. [.pdf of staff memo]

The recommended size is 10 members, including one ex-officio representative from the county board of commissioners. According to the staff memo, appointments could represent “health service delivery (physicians, dentists, mental health practitioners, administrators); environmental health and conservation, land use planning, food service and nutrition, academia, K-12 education, philanthropy, social service delivery, legal services, and consumers of public health services.”

Members would be compensated for attending each meeting. The total cost for the health board, including in-kind staff support, is estimated at $19,000 annually. The board of health would be expected to convene for the first time in October 2014.

Ellen Rabinowitz, the county’s public health officer, attended the July 9 meeting but did not formally address the board.

Board of Health: Board Discussion

Conan Smith (D-District 9), who had moved to postpone the resolution last month without explanation, told commissioners on July 9 that he had distributed three amendments to the board via email. All of them are making additions to the resolution, he said.

Conan Smith (D-District 9).

Smith noted that commissioners have talked about a board of health taking a leadership role in the county, coordinating public health responses across many agencies. He thought it was important for the board of health to think actively about its role as a coordinator, so one of his amendments included that sentiment in a whereas clause.

Smith also proposed adding two resolved clauses. One clause clarified the roles and expectations of the board of health, to do three things: (1) develop and oversee the strategic plan for the department of health; (2) recommend the annual budget to the county administrator; and (3) work with the county administrator to evaluate the performance of the county public health officer.

The second additional resolved clause is to ensure that the bylaws that will be developed for the board of health will be brought to the county board of commissioners for review and approval. “That’s the document that’s truly going to delegate any authorities that we have from this board,” Smith said.

There was no discussion on these amendments.

Outcome: Smith’s amendments were approved on a voice vote.

There was no additional discussion.

Outcome: On a 7-1 vote, commissioners approved creation of a board of health, over dissent from Rolland Sizemore Jr. (D-District 5). Andy LaBarre (D-District 7) was absent.

Later in the meeting, Ronnie Peterson (D-District 6) said that establishing the board of health is a major step in improving the health for residents of this community, especially children.

Communications & Commentary

During the July 9 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: Budget Work

Felicia Brabec (D-District 4) reported that Susan McGraw has been hired as a consultant to work with the board on its budget priorities. That work will kick off later this month, she said.

Communications & Commentary: Taubman Fellowship

Yousef Rabhi (D-District 8) reported that he’d learned a lot earlier this summer at Harvard University’s Program for Senior Executives in State and Local Government at the John F. Kennedy School of Government. Ronnie Peterson (D-District 6) pointed out that Rabhi had received the Taubman Fellowship for Executive Excellence, which is given to selected officials and staff through the Southeast Michigan Council of Governments (SEMCOG). Peterson said that to be chosen for a fellowship is one of the highest recognitions that SEMCOG awards. “We should be honored to know that Washtenaw County and a Washtenaw County commissioner was selected,” Peterson said, joking “I just don’t know why they didn’t ask me.”

Arthur Williams, who retired as principle of Huron High School after 19 years in that position.

Communications & Commentary: Proclamations

Several proclamations were given during the July 9 meeting.

Communications & Commentary: Proclamations – Retirements

Board chair Yousef Rabhi (D-District 8) presented a proclamation honoring Arthur Williams, who is retiring as principal of Huron High School in Ann Arbor. [.pdf of Williams' proclamation]

Rabhi noted that he graduated from Huron High School “and Dr. Williams was my principal!” Williams was also a neighbor to Rabhi’s family as Rabhi grew up, so he knows Williams well. Williams has served as principal at Huron High since 1995.

Williams spoke briefly. As educators, he said, “we touch the future.” Many times they don’t know what the effects are of what they do in the schools, he added. Williams noted that Martin Luther King said everyone can be great, because everyone can serve. Williams said his goal has been to try to make this world a better place, by helping raise young people and families, and by trying to make an impact on lives.

He received a round of applause from commissioners and staff.

The board also made a proclamation to Mary Sue Coleman, who recently stepped down as president of the University of Michigan. Coleman did not attend the July 9 meeting.

Communications & Commentary: Proclamations – Ironworkers, UA

Mary Kerr, president of the Ann Arbor Visitors & Convention Bureau, was on hand to receive a proclamation welcoming the Ironworkers International annual instructor training program, which ran from July 12-18 this year. That program, held at Washtenaw Community College, brought in about 700 participants and an estimated economic impact of $2 million. It’s their fifth year holding the program in Washtenaw County. [.pdf of Ironworkers proclamation]

Mary Kerr, president of the Ann Arbor Visitors & Convention Bureau.

The board also gave a proclamation welcoming the United Association (UA) of plumbers and pipefitters for their 61st annual training program. For the past 25 years, that program has been held in Washtenaw County. [.pdf of UA proclamation]

This year, the program runs from Aug. 9-15, also on the WCC campus, bringing about 2,400 participants to the county with an estimated economic impact of $5 million.

Kerr noted that the county also hosts the training week for the National Joint Apprenticeship and Training Committee (NJATC) for the Electrical Industry. This year is a milestone for all three groups, she said. NJATC is in its 25th year and has been coming to Washtenaw County for six years. This year, the NJATC National Training Institute runs from July 26-Aug. 1 at the University of Michigan, and expects a 15% increase in participation compared to last year, Kerr reported.

Kerr said that a conservative economic impact estimate for all three programs is $12 million. “This is new spending in our community – spending that wouldn’t be here if these three training programs were not here,” she added. The spending is on hotels, restaurants, recreation, entertainment, shopping and transportation.

Her goal is to keep these events in Washtenaw County by providing a high level of service and making sure the unions know that they’re appreciated by the community. She thanked commissioners for their continued support.

Communications & Commentary: Proclamations – Gun Safety

The board passed a proclamation declaring July 20-26 as Gun Safety Week in Washtenaw County. [.pdf of gun safety resolution] The goal is to increase public safety “by raising awareness and educating residents of Washtenaw County about how to keep themselves and their families safe.”

During the week, local law enforcement agencies will be providing free gun locks and gun safety information. More information about the week is provided on the county’s website.

Communications & Commentary: Public Commentary

Speaking during public commentary, former Congressman Wes Vivian told commissioners that until four years ago, the U.S. had laws that prohibited or limited contributions by corporations to candidates for political office.

Former Congressman Wes Vivian.

But four years ago, the U.S. Supreme Court overturned those laws in the Citizens United decision, he said. Now, “corporations are sloshing big money into our elections at all levels,” Vivian said. Polls show that about 90% of U.S. citizens oppose that Supreme Court decision. Furthermore, almost 20 state governments have asked the U.S. government to enact a constitutional amendment to overturn the Citizens United decision. “To date, the state of Michigan has not done so, even though it’s been asked to,” Vivian noted.

The Ann Arbor and Ypsilanti city councils have asked Michigan’s government to take action on this issue, Vivian said. But so far, the state legislature has refused to bring it up for a vote, he added. He asked the county board to place a proposal on the Nov. 4, 2014 ballot enabling Washtenaw County voters to ask the state to support a constitutional amendment to overturn Citizens United. He didn’t have suggested wording for such a ballot proposal, but said he’d be glad to work on it.

Yousef Rabhi (D-District 8), the board’s chair, thanked Vivian and said he hoped the board would take action of some sort at a later date. It was an issue about the sustainability of this nation’s democracy, he said.

Conan Smith (D-District 9) also thanked Vivian for raising this issue. The idea of corporate personhood has raised many challenges, he said, “and the notion that just regular citizens are somehow second class in our decision-making process has got to be pre-empted.” It’s incumbent upon elected officials and the county board as a body of elected officials to take a stand, he said. Smith liked the idea of asking county residents to weigh in, saying it would send a great signal to people throughout the state and nation.

Ruth Ann Jamnick also addressed the board during public commentary. She pointed out that she’s one of the four candidates in the Aug. 5 Democratic primary election for the District 5 seat on the county board. She provided a handout with information about her experience and accomplishments.

Ruth Ann Jamnick.

Referring to the board’s discussion about juvenile crime earlier in the evening, Jamnick noted that she had been involved in addressing similar issues years ago in Ypsilanti Township. What makes it different now are the ages of the young people who are involved, she said. At that time, it was youth in their late teens – but now, the youth who are creating these problems are younger. It’s important to make some changes and address these issues. She also noted that the situation isn’t isolated to Ypsilanti Township.

Jamnick concluded by thanking Rolland Sizemore Jr., the district’s current commissioner, for his work.

Earlier this year, Sizemore announced that he did not intend to seek re-election. In addition to Jamnick, the three other Democratic candidates are Victor Dobrin, Wilma Gold-Jones, and Keith P. Jason. The winner of that primary will face Republican Timothy King in the Nov. 4 general election. King is unopposed in the primary.

Thomas Partridge introduced himself as a recent candidate for the state legislature. He urged the public to elect Democrat Mark Schauer as governor in November, and to address the critical needs of affordable housing, public transportation, human rights and health care in Washtenaw County. Too many residents are vulnerable and don’t have the services they need, he said. He criticized the county board’s agenda for not including items that address ending homelessness, providing affordable housing and access to countywide public transportation, and supporting better health care and education for adults. These should be priorities for the board, he said.

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

Absent: Andy LaBarre.

Next regular board meeting: Wednesday, Aug. 6, 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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GCSI is also supposed to monitor issues currently pending before the legislature and advocate for the city’s specific interests. GCSI has done this kind of work for the city of Arbor since 2001.

GCSI also provides lobbying services for Washtenaw County, as well as other local municipalities. The city’s main liaison with GSCI is Kirk Profit, an Ann Arbor resident and former Michigan state legislator.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron.

Former county commissioner Barbara Bergman, left, talks with Felicia Brabec (D-District 4) and Yousef Rabhi (D-District 8) before the board’s May 21, 2014 meeting. Bergman spoke during public commentary to oppose a possible road tax. (Photos by the writer.)

The vote on levying a millage was 2-6, with support only from Dan Smith (R-District 2) and Conan Smith (D-District 9). Alicia Ping (R-District 3) was absent. The tax would have been levied under Act 283 of 1909, which does not require voter approval.

Several commissioners spoke against levying this kind of tax at this time. Andy LaBarre (D-District 7) advocated for waiting to see whether the state provides more funding for roads. Ronnie Peterson (D-District 6) reported that the boards of Willow Run and Ypsilanti public schools are considering levying tax increases this summer of 2.8 mills and 1.2 mills, respectively. The state passed legislation that enables school districts to levy millages for debt retirement without voter approval. Noting that a new public transit millage had been approved by voters earlier this month – in Ypsilanti, Ypsilanti Township and Ann Arbor – Peterson said the communities that he represents would be hard-pressed to handle yet another tax increase.

Dan Smith argued that there are few funding options available to the county to pay for road repair, and that the need for additional revenues is critical because the roads are in such bad shape. He said he was well aware of the reasons why this was a bad plan – even a terrible one – but added that the only thing worse would be to do nothing. Conan Smith pointed out that because all of the board seats are up for election this year, residents will have a way to weigh in on this decision, albeit indirectly. “This is the most defensible moment that we have” to levy a tax that doesn’t require voter approval, he said.

The May 21 meeting also included a public hearing on the possible levy. And the board heard from people on the topic during general public commentary. In total, seven people spoke about the road funding issue. Former county commissioner Barbara Bergman, who is an Ann Arbor resident, argued against levying the tax, while former state Rep. Rick Olson of York Township urged commissioners to levy the full 1-mill amount allowed under Act 283. Another resident argued against any tax that isn’t approved by voters, calling it taxation without representation.

After the tax levy resolution was rejected, Yousef Rabhi (D-District 8) brought forward a resolution to create a seven-member road funding committee that would explore options – including Act 283, as well as other possible revenue sources like bonding or a voter-approved tax. The initial vote to form the committee passed on a 6-2 split, over dissent from Conan Smith and Dan Smith. A final vote is expected on June 4. If approved, members would be appointed at a later date, with the direction to provide a road funding plan to the board in the fall.

Commissioners also weighed in to oppose oil exploration and drilling in the county, prompted by a company’s permit application to the state to drill in Scio Township. The vote was 7-1, over dissent from Dan Smith. Two residents spoke during public commentary,urging the board to oppose oil drilling.

During deliberations, Dan Smith argued that the issue was outside of the county’s purview, because the county can’t regulate oil drilling. He noted that the easiest way to prevent oil drilling is for property owners not to sign leases with companies that seek to drill on their land. Other commissioners supported the resolution, citing environmental and public health concerns, including the proposed drilling location’s proximity to the Huron River.

In other action on May 21, commissioners took initial steps to: (1) put a 10-year countywide parks and recreation operations tax renewal on the Nov. 4 ballot, at 0.2353 mills; (2) create a board of health that would give advice on public health issues; and (3) approve an application for a $940,000 federal grant that the county would make on behalf of Ann Arbor SPARK, the local economic development agency. Funds would be used to help redevelop the former General Motors Willow Run Powertrain plant in Ypsilanti Township for use as a connected vehicle testing facility.

Given final approval on May 21 was this year’s allocation to local nonprofits through the coordinated funding process, in which the county participates.

The board also approved a process that will determine how the $3.9 million budget surplus from 2013 will be allocated. Conan Smith said he felt “personally let down” by the approach, because the county administrator has already recommended to keep that amount in the general fund’s unearmarked reserves. He thought it was “turning out to be little more than a rubber stamp of a decision that’s already been proposed by the administration.” Felicia Brabec (D-District 4), who’s leading this process, stressed that commissioners will be discussing and making the final decision – which might differ from the administration’s recommendation.

Road Tax

The May 21 agenda included a proposal to levy a 0.4-mill countywide road tax in December. The tax could be levied under Act 283 of 1909, which does not require voter approval. The board also held a public hearing on the issue, and heard from several people during public commentary.

Barb Fuller, one of three road commissioners, attended the May 21 meeting of the county board.

Prompted in part by what many view as a chronic underfunding of roads in Michigan – combined with a particularly harsh winter – county commissioners have been discussing for months how to generate more revenues to repair the county’s road network.

At the board’s May 7, 2014 meeting, Dan Smith (R-District 2) brought forward a resolution that would have authorized a 1-mill tax to be levied December 2014 – under Act 283. A 1-mill tax would generate $14.34 million “to repair 2013–14 winter damage to the roads, streets and paths in Washtenaw County.”

On May 7, the board debated the issue at length but ultimately voted to postpone the resolution until May 21 over dissent from Alicia Ping (R-District 3).

On May 21, Dan Smith brought forward a revised resolution that addressed some concerns raised by corporation counsel Curtis Hedger during the May 7 meeting. The new resolution proposed an 0.4-mill levy and included a list of specific projects that the tax revenues would fund. [.pdf of May 21 resolution]

The resolved clauses stated:

NOW THEREFORE, BE IT RESOLVED that pursuant to the authorization of Public Act 283 of 1909 (MCLA 224.20), the Washtenaw County Board of Commissioners approves a millage of 0.4 mills to be levied against all real property in the County, which will generate approximately $5,—,— to be collected in December, 2014, for use in calendar years 2014 and 2015 to keep existing Washtenaw County public roads, streets, paths, bridges and culverts in reasonable repair, and in condition reasonably safe and fit for public travel; and that this levy be exempt from capture by TIF Districts or TIFAs to the greatest extent allowed by law.

FURTHERMORE, BE IT RESOLVED that the Washtenaw County Board of Commissioners agrees with Washtenaw County Road Commission’s initial determination, as attached hereto and made a part hereof, and levies said millage for the purposes therein.

FURTHERMORE, BE IT RESOLVED that the Washtenaw County Board of Road Commissioners is invited to present a revised determination in accordance with Act 283 of 1909 to the Board of Commissioners at its annual meeting on September 17, 2014 for an additional levy not to exceed 0.6 mills.

FURTHERMORE, BE IT RESOLVED that Washtenaw County Corporation Counsel is directed to provide an exhaustive formal written opinion, by September 17, 2014, which clearly and convincingly details the exact mechanism under which Act 283 of 1909 taxes may be levied in excess of Article IX, Section 6 constitutional limits without a vote of the people; and that the Washtenaw County Board of Commissioners waives any attorney/client privilege concerning this opinion.

FURTHERMORE, BE IT RESOLVED that the Washtenaw County Board of Commissioners asks the county’s legislative delegation, State Senators Randy Richardville and Rebekah Warren and State Representatives Gretchen Driskell, Jeff Irwin, David Rutledge and Adam Zemke, to request an Attorney General opinion regarding the ability for counties to levy a tax under Act 283 of 1909 in excess of Article IX, Section 6 constitutional limits without a vote of the people.

For additional Chronicle coverage on road-related issues, see: “County Board Continues Weighing Road Tax,” “County Board Debates Expanded Road Commission,” “County Board Sets Hearing on Road Tax,” “County Considers Road Funding Options,” “No Major Change Likely for Road Commission” and “Group Explores Road Commission’s Future.”

Road Tax: Public Commentary

During the first opportunity for public commentary – at the board’s ways & means committee meeting – committee chair Felicia Brabec (D-District 4) announced that the device used to time the speaking turns was broken. Instead, time would be marked by holding up handwritten cards, she said.

Yousef Rabhi (D-District 8) kept time manually for public commentary, as the boardroom’s timing device was broken.

Former county commissioner Barbara Bergman – a Democrat from Ann Arbor – urged commissioners not to levy a tax for roads. If they do, they’re sending a message to Lansing “that we are rich enough to take care of ourselves,” she said, and that the state doesn’t need to help meet the needs of its vulnerable citizens. But this is patently untrue, she said. There are huge unmet needs in Washtenaw County – for food, shelter, services for children and for adults who are returning to the community after incarceration.

Beyond the ethical considerations, Bergman said, the county doesn’t need to do this because “roads have very loud voices.” Officials at the local and state levels want to be re-elected, she noted, and she bet that funds could be found to repair the roads to ensure that motorists are happy. One way is for state legislators to adopt an equitable, progressive tax code for Michigan, she said. If that doesn’t happen, then local millages should be used to support those who are often invisible, she said. Mental health funds are about to be cut 30%, she noted, which means that services for 240 customers of the county’s Community Support & Treatment Services (CSTS) will be cut. Affordable housing and health insurance are also needed, Bergman said. “A millage to meet human services needs could pass a test with ethics,” she said. “A millage for roads cannot.”

Thomas Partridge spoke generally about the need to support the county’s most vulnerable, including affordable housing, public transportation, education and health care. Everyone needs adequate roads, he added, and if it’s left to Lansing, “we are left with potholes.” He also supported a progressive tax to generate more funds for local governments.

Rick Olson introduced himself as a York Township resident and former state representative of District 55. In 2011 he became very interested in transportation, he said, and generated a report on how much money would need to be spent to repair Michigan’s roads and bridges – $1.4 billion at that time. That was a figure used by the governor’s workgroup on infrastructure, on which Olson served. It led to a series of bipartisan bills that were introduced in January 2012, with the idea that $1.2 billion would be raised at the state level, he said, and the remainder raised through an optional county vehicle registration fee. Unfortunately, Olson said, the legislation wasn’t enacted. He said the amount needed has now been updated to just under $2.4 billion. Even if the legislature comes up with additional funding for roads, it likely won’t be enough, he said. Olson told commissioners that the county needs to invest a considerable amount, in addition to whatever the legislature does. He fully supported an Act 283 millage at the full 1-mill level.

Former state representative Rick Olson and county commissioner Felicia Brabec (D-District 4).

A man who didn’t give his name said he opposed the road millage, especially if it were levied without a public vote. “Citing some law from 1909 doesn’t change the fact that this is taxation without representation,” he said. He told commissioners that 40% of county residents aren’t property owners, and wouldn’t pay the tax. “So once again, government is picking on a select group of people to pay for the benefit of all,” he said. “There is no word to describe this other than unfair.” Washtenaw County already has the highest average property tax in Michigan, he said. Prices are increasing, and people have to adjust their budgets accordingly. “We don’t have a golden pocket to reach into.” Yet government feels entitled to take more from its residents. He said he’s tired of his government telling him what they’re going to take, instead of listening to him tell them what they can have. “So I will organize, I will educate, I will motivate, and I will vote,” he said, so that government will be accountable for its budget and debts, just as the government holds him accountable.

Jim Bates of Ann Arbor Township asked if it would be possible for the county to assess a gas tax. He said he was just curious about that. [In Michigan, county governments don't have authority to levy a gas tax.]

Victor Dobrin said he’s been an Ypsilanti Township resident 23 years. [Dobrin is also a candidate for the District 5 seat on the county board.] The proposed road millage isn’t popular, he said. Government doesn’t always do what’s popular, but they look for the common good. He respected Olson’s opinion, however he thinks that solving any problem in society begins by defining the root cause. Government should take an engineering approach to problem solving. What is the root cause? Why are our roads crumbling? Is the proper work being done when roads are constructed or fixed? He noted that right now, you can see workers throwing shovels of asphalt into potholes, but that’s not going to solve the problem. It will result in wasting lots of money. The root cause is in the way that roads are engineered and built, he said.

Road Tax: Board Discussion

Andy LaBarre (D-District 7) responded to public commentary by thanking Barbara Bergman, noting that her comments reflect his own opinion. He also said the issue isn’t one of taxation without representation, as residents are represented by the county commissioners.

Rolland Sizemore Jr. (D-District 5).

Rolland Sizemore Jr. (D-District 5) said he wouldn’t support a road tax. About a year ago, he said, he and Ken Schwartz – who was then a road commissioner – tried to get a group together to work on this issue, but Sizemore didn’t think that had happened. So he didn’t think enough work went into the current proposal, and he’d like to take more time to work on it.

Dan Smith (R-District 2) told commissioners he had modified his original resolution to address concerns that the county’s corporation counsel, Curtis Hedger, had laid out in a confidential memo to the board. The proposed millage is now 0.4 mills, rather than the full 1 mill. The resolution includes a list of proposed projects, and notes that this process is starting earlier than the board’s annual meeting because of the harsh winter.

Smith then formally withdrew his earlier resolution from May 7, and moved the new modified resolution for consideration.

Yousef Rabhi (D-District 8) thanked Smith for his work on this proposal. LaBarre echoed that thanks, but said he wanted to wait a bit to see what the state legislature does regarding road funding. The process required by Act 283 gives the board some breathing room, he said, “and hopefully it’s a moot issue.”

Kent Martinez-Kratz (D-District 1) agreed with Sizemore that the issue needed to be studied further. More funding is expected from the state, and a community in his district – Scio Township – recently approved a special assessment for roads, he noted. If the county levies a road tax, it would be a bit hard on those taxpayers, he added.

Martinez-Kratz wondered if Hedger had time to review Smith’s new resolution, to see if there were any concerns. Based on the previous memo from Hedger, levying an Act 283 millage wasn’t legal, Martinez-Kratz said. [The memo from Hedger was not released to the public.]

Regarding the list of projects from the road commission, Martinez-Kratz said not all communities would get funding, so some of his constituents think that’s inequitable.

Dan Smith (R-District 2), standing, consults with corporation counsel Curtis Hedger while Pete Simms of the county clerk’s office looks on.

Sizemore said that as the board’s liaison to the road commission, he’d be happy to work with county commissioners and road commissioners to come up with a plan. He didn’t think they could count on the state.

Ronnie Peterson (D-District 6) reminded the public that this effort was driven by the road commission, not by the county board – though he noted that Dan Smith has been an advocate for road funding.

Peterson said all local communities have the ability to address these road issues, and he wanted to work with communities within the county to help address their needs. But it’s the road commission that has responsibility, he said.

There isn’t any urgency to levy a tax now, Peterson continued. The board needs to be patient and see what comes out of Lansing, he said.

Peterson also noted that Ypsilanti and Ypsilanti Township, which he represents, already have high taxes. What’s more, the boards of Willow Run and Ypsilanti public schools are considering levying tax increases this summer of 2.8 mills and 1.2 mills, respectively. The state passed legislation that enables school districts to levy millages for capital improvement debt retirement without voter approval – which Peterson called a ridiculous law.

In addition, Ypsilanti and Ypsilanti Township will have another new millage, along with Ann Arbor, that was passed by voters earlier in May for public transit. In total, it’s “a huge increase in new taxes,” Peterson said. “And believe me – I’m no rock star conservative on taxes. I believe you pay for what you get.” However, Peterson said the communities that he represents – Ypsilanti, Ypsilanti Township and Superior Township – would be hard-pressed to handle yet another tax increase for roads.

Ronnie Peterson (D-District 6).

Peterson indicated that he’d be interested in exploring the option of bonding to fund roads.

Dan Smith argued that there are few funding options available to the county to pay for road repair, and that the need for additional revenues is critical because the roads are in such bad shape. The proposed millage is only for 0.4 mills, he stressed – not the full 1 mill.

The easiest option is to do nothing, Smith said – to do more studies and plans, or wait for Lansing. “The reality is that the roads are terrible,” he said. Even if Lansing provides more funding – and he wasn’t hopeful about that – it won’t be enough for Washtenaw County. Smith pointed out that this would be an annual levy, and if there’s no need for it in 2015, the county wouldn’t levy it.

Smith also noted that the millage is tied to the road commission’s plan, which is similar to one that the road commission brought forward in the fall of 2013. There’s nothing surprising about it, he said.

Many communities don’t have the taxing ability to pay for maintenance of the county’s major roads that run through their jurisdiction, Smith said. The best example is the six miles of Austin Road in Bridgewater Township. It’s a major road in a township with the lowest taxable values in the county. So some communities just don’t have the capacity to deal with these major roads, he said.

Smith also didn’t think it was fair to require, for example, Northfield Township, Webster Township and Ann Arbor Township to take care of roads like Newport, North Territorial and Pontiac Trail – “roads that the much broader community uses,” he said. Some of these roads, like Newport, cross multiple jurisdictions. For these reasons, major roads should be taken care of by the county, Smith argued.

“This is a bad plan, for lots and lots of reasons,” Smith continued. “I would even say it might even be a terrible plan. The only thing that might be worse than this bad plan is to continue doing what we’ve been doing, which is absolutely nothing. The roads are crumbling underneath us.” There will not be a perfect plan, no matter how long they talk about it, he said.

Roy Townsend, managing director of the Washtenaw County road commission.

There are two problems with a voter-approved levy, Smith said. First, it wouldn’t be on the ballot until November. Second, it would likely be for a larger amount and a longer period – like a half-mill for four years or more. The other problem is one that Conan Smith had raised during the May 7 discussion, Dan Smith noted – competing interests for millages that might go on the ballot. He pointed out that the parks & recreation operations millage renewal will be on the November 2014 ballot. Former commissioner Barbara Bergman had mentioned other possibilities for millages, he noted, such as funding for human services.

An Act 283 millage would be at a lower rate for only one year, Smith said. Even though he didn’t like it, “it is the least-bad option I think we have right now.”

Sizemore expressed frustration at not doing anything, then proposed sitting down with road commissioners and managing director Roy Townsend to figure out what to do.

Martinez-Kratz replied to Smith’s comments, saying that if it’s a bad or even terrible plan, then “it’s not worth spending taxpayers’ money on.”

Peterson asked if communities would have the ability to opt-out of an Act 283 levy. Hedger replied that there is no opt-out option.

Peterson then asked if any other local leaders – from city councils or township boards – had contacted the county in support of an Act 283 millage. He felt that if other elected officials were supportive, they’d be there tonight. All of the communication he’d received was urging him not to support an Act 283 millage, Peterson said. It’s difficult for him, especially during an election year, to take responsibility for a road tax when other elected officials aren’t also supporting it.

Conan Smith (D-District 9) asked how short the road commission was in terms of funding related to winter road maintenance. Townsend replied that the county had received some additional funding from the state to cover some of the winter overages, like salt usage, diesel fuel and overtime costs. “But what they didn’t really give us money for is to fix the roads,” he said.

Road conditions have continued to decline, Townsend said. He pointed to a handout he’d provided to commissioners, showing that Michigan ranks last among all 50 states in state highway expenditures per capita. The data was from 2011, but since then the state hasn’t increased its funding, he noted. Most states are putting in at least double the amount of per-capita funding for roads. For example, Pennsylvania’s per-capita spending was $557 compared to $135 in Michigan.

County administrator Verna McDaniel.

Townsend said the county’s infrastructure was in poor condition prior to this harsh winter, with deep freezes and thaws that made things even worse. Generally, the road commission uses about 400 tons of cold patch. This year, the commission used 1,400 tons – enough to fill about 300,000 potholes. These are temporary fixes, Townsend said.

Some of the projects on the plan that the road commission has presented to the board this year have been on previous plans presented since 2011, Townsend said – like work on North Territorial and Scio Church roads, among others. The plan would improve 44 miles of road, used by over 100,000 people every day. “So I think 100,000 people would probably appreciate that you could fix those 44 miles of road,” he said. The tax for an average $200,000 home would be just $40, he noted.

Townsend said that any state legislative action likely wouldn’t result in funding until 2015, so the roads would go through another winter. “And god help us what it’s going to look like next spring,” he said. There’s a short window for construction, he noted.

Conan Smith (D-District 9) said the upshot is that the roads are terrible, and they won’t get better as the county waits for legislative action from Lansing or for voters to weigh in this November. There’s an opportunity now, he said, with only a modest hit to taxpayers and an immediate benefit to the community.

C. Smith also responded to the public commentary about taxation without representation. That phrase emerged in a different context, he said. The people are represented in this process, he noted. The elected county commissioners have a duty to represent the interests of their constituents, to listen carefully to their needs. “This is a representative process by design,” he said.

Regarding the road tax issue, both sides have been well-articulated, C. Smith said. If there’s any time to do something like this without a vote of the people, it’s now – just a short time before an election. Because all of the board seats are up for election this year, Smith said, residents will have a way to weigh in on this decision, albeit indirectly. “This is the most defensible moment that we have” to levy a tax that doesn’t require voter approval, he said.

Dan Smith (R-District 2).

Felicia Brabec (D-District 4) spoke next, noting that the levy couldn’t occur until December, so there’s time to figure out what their other options are. She wants to take that time.

C. Smith asked Townsend how the finances would work with an Act 283 tax. Townsend explained that the road commission would want some kind of contractual agreement with the county before it bid out work this summer. It would be similar to how townships contract with the road commission, and then later reimburse the road commission for the work. It’s a legal question to be determined if Act 283 funds can be used for reimbursement, Townsend noted.

Dan Smith made a distinction between “funding” and “financing.” The funding mechanism would be through Act 283. If the board passed the road tax resolution that night, it would be a commitment to provide that funding when the tax is levied in December.

At this point, Dan Smith distributed another resolution – dated Oct. 15, 2014. According to Hedger, the board’s official vote to levy an Act 283 tax must occur in the fall, Smith noted. The draft resolution he distributed would ratify the funding decision regarding the 0.4 mills. The draft resolution also would give the board the option of levying an additional 0.6 mills. [.pdf of Oct. 15, 2014 draft resolution]

These decisions about funding are separate from how the county actually handles the financing, D. Smith explained. Sometimes the county issues tax anticipation notes – that’s what this would be, he said. There might be other options, like using the general fund’s fund balance or short-term borrowing. But the funding would still come through the Act 283 levy in December.

D. Smith also addressed Peterson’s comments about the lack of any other local leaders at the May 21 meeting. He said that one reason is because townships have no authority or responsibility for roads. It’s the county board that has the tools for funding and fixing the roads countywide. He acknowledged that some townships have been very aggressive in their road programs, and some municipalities have vastly better roads as a result.

At this point, Rabhi called the question – a procedural move designed to end discussion and move toward a vote. Commissioners unanimously approved calling the question.

Outcome on main resolution to levy an 0.4-mill tax under Act 283: The resolution failed on a 2-6 vote, with support only from Dan Smith and Conan Smith. Alicia Ping was absent.

Road Tax: Roads Funding Committee

Yousef Rabhi then proposed a resolution to create a roads funding committee. He read aloud the resolution that he’d written by hand during the previous deliberations.

An excerpt from Yousef Rabhi’s handwritten resolution regarding a roads funding committee.

The committee would consist of seven members: (1) a road commissioner or designee; (2) the road commission managing director or designee; (3) the county board’s road commission liaison; (4) one additional county commissioner; (5) a position representing townships; (6) a position representing incorporated municipalities; and (7) a member of the general public.

The county administrator would help provide administrative support to the committee. The resolution also stated that the road commission could present a road funding plan at the board’s annual meeting in the fall “as Act 283 of 1909 provides.”

Conan Smith said he appreciated the sentiment, but wouldn’t support it. The board just received recommendations from a previous committee that had worked on road commission issues, he noted – that happened on May 7, 2014. He noted that leaders of local government “made it abundantly clear at that point that they don’t think the county board of commissioners had a role to play in their road funding situation.”

There was a specific opportunity this year to intervene in funding, C. Smith said, because of the harsh winter. But he didn’t believe that road maintenance should be a higher priority than other things, like public safety, human services, public health and environmental health.

The board had just voted not to get involved by not levying an Act 283 tax, he said. “I think that should be the end of the conversation.”

Ronnie Peterson asked for an explanation about what the board had just voted on, and what Rabhi had subsequently proposed. Felicia Brabec explained that the board had rejected a resolution to levy the Act 283 tax. Now they were considering a proposal to form a road funding committee. Peterson said he just wanted the public to be clear about what had happened.

Andy LaBarre (D-District 7).

Andy LaBarre said that to him, the Act 283 issue was one of timing. None of these options are good, he added: “We’re choosing to pursue bad or less bad.” He felt the state legislature had the potential to shock everyone and do something proactive. If that doesn’t happen, it would be possible to consider the Act 283 levy this fall, he noted. If they do eventually levy the millage, it would help but wouldn’t be a comprehensive solution, LaBarre said.

Dan Smith noted that there are few mechanisms available for road funding – either levy a property tax under Act 283, or take a bond or millage proposal to the voters. The county can’t institute a gas tax or vehicle registration fee, he said. The board can spend the next six months talking about their options, but “barring some extraordinary action from Lansing, our options in six months are going to be exactly what they are now,” D. Smith said. And levying Act 283 in the fall “isn’t going to be any nicer than it is right now.”

Clearly frustrated, D. Smith said that instead of acting, the board is doing what government always does – forming yet another committee to study it more. The issue has already been studied, he said. “Nobody wants to touch this hot potato.”

Conan Smith observed that the county could issue general obligation bonds, which wouldn’t require a voter referendum.

Peterson noted that levying Act 283 was difficult for him during an election cycle. He said he was progressive so he didn’t worry about winning over conservatives, but he was interested in saving people’s tax dollars. Citizens haven’t brought forward this proposal, he said, nor has the request come from local community leaders.

Outcome: The resolution creating a roads funding committee was given initial approval a 6-2 vote, over dissent from Dan Smith and Conan Smith. Alicia Ping was absent. A final vote is expected on June 4.

Road Tax: Public Hearing

Later in the evening – after the road tax resolution was defeated – the board held a public hearing on the issue, which had been set at the May 7 meeting. Two people spoke.

Thomas Partridge said it was important to find funding for road repair. No business wants to locate in a county that doesn’t maintain its roads. Voters need to be educated about the importance of this issue, as well as other concerns like affordable health care, public transportation, and affordable housing. The state legislature backs away from supporting these critical needs. Partridge supported Democrat Mark Schauer for governor, saying that Schauer would support these issues.

Sandra Carolan told commissioners that she pays the taxes for her parents’ property in Chelsea. She was thankful for the discussion, but she can’t ask her 91-year-old mother who’s on a fixed income to support an increased millage “for a solution that really is just a band-aid.” New technology needs to be used on the roads. She said if she goes to the store to buy a blouse and only finds bad blouses, she doesn’t buy one at all.

Parks Millage Renewal

Voters will be asked to renew a 10-year countywide parks and recreation operations millage in November. On May 21, commissioners were asked initial approval to put the request on the Nov. 4 ballot.

During the May 21 county board meeting, Bob Tetens – director of Washtenaw County parks & recreation – sat next to the daughter of county commissioner Felicia Brabec (D-District 4).

The operations millage was first authorized by voters in November 1976 at 0.25 mills for a 10-year period and has been renewed three times. Because of the state’s Headlee amendment, the rate that’s actually levied has been rolled back and is now 0.2353 mills. The current millage expires in December 2016.

If renewed again, it would generate an estimated $3.2 million annually. That’s about half of the parks & recreation annual operating expenses of $6.7 million. Other revenue sources are admission/gate/membership fees charged seasonally at facilities including the Meri Lou Murray recreation center, the water/spray parks, and the Pierce Lake golf course. Funding is also received from state and federal grants as well as private donations. [.pdf of staff memo]

The county parks system receives most of its funding from two countywide millages. In addition to the operations millage, another millage pays for capital improvements and park development. It was also originally levied at 0.25 mills, but has been rolled back to 0.2367 mills.

In addition, a third millage – levied at 0.25 mills but rolled back to 0.2409 mills – funds natural areas preservation, bringing in about $3 million annually. It was first approved by voters in 2000, and renewed for another 10 years in 2010.

The county’s parks & recreation department is overseen by a separate entity – the parks & recreation commission – whose members are appointed by the county board. The county board has the authority to put a parks millage proposal on the ballot, but does not authorize expenditure of the funds. That responsibility rests with the parks & recreation commission. The group meets monthly at the parks & recreation office at County Farm Park, and its meetings are open to the public.

Comments were brief before the May 21 vote. Yousef Rabhi (D-District 8) said the parks staff do wonderful work. He thanked everyone who serves on the parks & recreation commission.

Outcome: Commissioners unanimously gave initial approval to put the millage renewal on the November ballot. A final vote is expected on June 4.

Board of Health

On May 21, commissioners were asked to take an initial step to create a board of health, an entity that would prove advice on public health issues for the county.

A description of the board’s duties is outlined in a staff memo that accompanied the May 21 resolution:

The purpose and role of a Washtenaw County Board of Health will be to identify public health problems and concerns in the community, establish health priorities, and advise the Board of Commissioners and the Health Department on issues and possible solutions. The Board of Health will serve as advocates and educators for public health services and policies. The Board of Health will provide oversight and guidance to the Health Department, and will recommend a program of basic health services to the Board of Commissioners.

The new Board of Health will have the authority to hear appeals and requests for variances from the local public health and environmental regulations established under the Public Health Code. The Board of Health will have the authority to hear appeals regarding the suspension or revocation of food service licenses.

The resolution creating the health board also dissolves an existing existing environmental health code appeals board and the hearing board for the Health Department Food Service Regulation. The duties of those boards would be absorbed by the new health board. [.pdf of staff memo]

The recommended size is 10 members, including one ex-officio representative from the county board of commissioners. According to the staff memo, appointments could represent “health service delivery (physicians, dentists, mental health practitioners, administrators); environmental health and conservation, land use planning, food service and nutrition, academia, K-12 education, philanthropy, social service delivery, legal services, and consumers of public health services.”

Members would be compensated for attending each meeting. The total cost for the health board, including in-kind staff support, is estimated at $19,000 annually. The board of health would be expected to convene for the first time in October 2014.

Ellen Rabinowitz, the county’s public health officer, attended the May 21 meeting but did not formally address the board. There was no discussion on this item.

Outcome: Initial approval was given on a 7-1 vote, over dissent from Rolland Sizemore Jr. Alicia Ping was absent. A final vote is expected on June 4.

Oil Drilling

Commissioners considered a resolution to oppose oil exploration and drilling in the county. The resolution was brought forward by board chair Yousef Rabhi (D-District 8) of Ann Arbor, working with Kent Martinez-Kratz (D-District 1). Rabhi had alerted the board about his plans at the previous meeting on May 7. He said he’d met with residents from the west side of the county about the threat of oil extraction. West Bay Exploration has applied to the state for a drilling permit in Scio Township, and residents are afraid that the state will grant the permit.

The two resolved clauses state:

BE IT THEREFORE RESOLVED, that Washtenaw County, Michigan:

1. Opposes said oil exploration and drilling, and any future oil exploration and drilling in this area and other areas within the boundaries of Washtenaw County; and

2. Respectfully requests that the Michigan Supervisor of Wells, as part of the Michigan Department of Environmental Quality, deny the permit application to drill the Wing 1-15 well as proposed; and

3. Hereby requests that the State of Michigan and federal legislators move to enact legislation and improve regulations to reduce the risks to public health, safety, welfare and the environment posed by the oil and gas industry, and re-commit to promoting and protecting quality of life, our economic well-being, and our environment through less reliance on non-renewable energy resources.

BE IT FURTHER RESOLVED, a copy of this resolution shall be transmitted as the County’s official comment on said oil drilling permit and application by the Clerk, to each elected official representing Washtenaw County in Lansing, the Office of the Governor, and the Michigan Department of Environmental Quality.

At its May 19, 2014 meeting, the Ann Arbor city council approved a similar resolution opposing oil exploration in Scio Township.

Oil Drilling: Public Commentary

Two people spoke on the topic during public commentary. Gus Teschke from the advocacy group Citizens for Oil-Free Backyards thanked Yousef Rabhi and Kent Martinez-Kratz for their work on the resolution opposing oil exploration and drilling in Washtenaw County. Citizens for Oil-Free Backyards was formed because of a proposed well at Miller and West Delhi, he said. If the company finds oil, then there could be a lot of oil wells in that area. That could impact individual residential wells as well as the Huron River, which provides 85% of Ann Arbor’s drinking water. Accidents can happen, and people are concerned about that, he said. About 1,200 people live within a mile of the proposed oil well, and are concerned about their health, noise and other issues. He hoped commissioners would support the resolution.

Brian Herron, a Scio Township resident, spoke during public commentary to oppose drilling in the county.

During the final opportunity for public commentary, Brian Herron introduced himself as a business owner in Ann Arbor and resident of Scio Township. Residents there find it very concerning that there’s a proposal to drill so close to residential properties. The proposed drilling would be less than a mile from the Huron River, he noted. It seemed inappropriate to allow drilling in a residential area. It doesn’t make sense, and he urged commissioners to support the resolution that opposes drilling.

Oil Drilling: Board Discussion

Yousef Rabhi (D-District 8) said that for him, this is a fundamental issue of protecting the environment in Washtenaw County, making sure the air, water and soil stayed healthy for generations to come. It’s time to take a stand, even though the county doesn’t have the ability to stop it outright, he said.

Ronnie Peterson (D-District 6) said he normally supports economic development so that residents have opportunities for jobs. But he’s in total opposition to drilling in this county. He wondered if there were any supporters of drilling at that night’s meeting, or any company representatives to talk about how the county would benefit from drilling. [No one came forward.] It seemed like they’d want to present their case to the public, he said.

Kent Martinez-Kratz (D-District 1), who represents an area that includes Scio Township, said he had attended a public forum about the proposed drilling. Someone had suggested being proactive regarding oil rights, rather than waiting for oil companies to secure them. He liked the idea, which entails having a community group purchase the oil rights and hold them in trust.

Felicia Brabec (D-District 4) said she’d visited the Irish Hills area near Jackson, where there’s been an increase in oil exploration. So she’s seen firsthand the economic, health and environmental impacts on a community. It’s very harmful, she said, and people there were distraught. It’s also frustrating, she added, because communities have little recourse and authority over these issues.

Kent Martinez-Kratz (D-District 1).

Andy LaBarre (D-District 7) characterized it as “a total NIMBY issue.” The problem is that no one in Lansing will listen to this resolution, he said, but he supported it. They also need to find ways to communicate with the state legislature, which he said has robbed local communities of their ability to make decisions regarding oil drilling.

Rabhi agreed that the issue was one of local control – and not just for oil drilling, but also for natural gas extraction. That’s the campaign that needs to be waged, he said. “We need legislators who respect local control.” The state should set a baseline standard for environmental health, but each community should have the right to set even stricter standards for cleaner air, water and other aspects of the environment, he said.

Martinez-Kratz agreed that it might be a NIMBY issue, but he argued that almost anything could be called NIMBY – like zoning and noise ordinances. The drilling proposal to him is alarming because it’s within a mile of the tributary that leads to Ann Arbor’s drinking water supply. He pointed to the 2010 oil spill in the Kalamazoo River that’s still not completely cleaned up. Even though there’s very little that the county government can do about this proposal, the board needs to take a stand, he said.

Dan Smith (R-District 2) opposed the resolution, noting that it does nothing and addresses an issue that’s outside of the board’s purview. The law is extraordinarily clear, he noted – that a county can’t control or regulate drilling. They might all wish that it was within their purview, and the concerns about drilling are valid, he said. “I certainly don’t want an oil well in my backyard either.” Concerns over environmental impacts are legitimate too. “Unfortunately, the oil is where it is, and there’s nothing any of us can do to move where the oil is located,” he said.

Smith said the oil has been untouched for years, but has finally become economically feasible to extract. That’s unfortunate, but it’s not under the county’s control, he stressed. There’s a very simple way to shut down all the drilling in the county, Smith added. “The property owners can simply refuse to lease their land to the oil companies. Problem solved.” But these property owners have signed leases with oil companies, and are getting money for that, he noted. They can put that money toward paying for their house, or a college education, or buying things or going out to eat. So there’s an economic benefit to Washtenaw County in that way, Smith said.

Smith reported that he’s recently heard about a Michigan chapter of a national service organization that had received over $500,000 annually from oil revenues, which in turn support local programs. This is an extremely complicated issue, he said, with lots of pros and cons. If commissioners don’t like the current law, they can take their case to Lansing, Smith added. There are six state legislators representing Washtenaw County, he added, including some that are “extraordinary close to members of this body.” [That was a reference to state Sen. Rebekah Warren, who is married to commissioner Conan Smith.]

D. Smith said he didn’t vote against a similar resolution opposing a mineral mining proposal in Lyndon Township, because the county parks & recreation commission is interested purchasing that property – so there was an option that the county could pursue. [Smith stated "present" during that vote, which took place on March 19, 2014.]

But in this case, the resolution serves no purpose and wastes and extraordinary amount of time, D. Smith said. “I really wish we would stop campaigning from the board table,” he concluded, saying there are much more effective ways to advocate for change.

Andy LaBarre (D-District 7) noted that Smith had been remarkably consistent in his position regarding these kinds of resolutions, which don’t have the force of law. Given that track record, it would be great to have Smith on board with this resolution, LaBarre said. “I think it would add an extra amount of credence to this.” It’s an issue of significance that they can all find ways to dislike, he said, and to express their displeasure. He hoped Smith would consider bending on this.

Rabhi also thanked Smith for his consistency, noting that Smith’s opposition wasn’t about the content of the issue, but rather about the county’s purview. But Rabhi said he had no problem campaigning from the board table, adding that he was campaigning for public health, the environment, and the welfare of county residents. He thought the county did have a role to play, as local governments are allowed to submit comments through the MDEQ’s public process. “It’s not for political gain – it’s for the community,” Rabhi said.

Outcome: The resolution passed on a 6-1 vote, over dissent from Dan Smith. Alicia Ping was absent, and Rolland Sizemore Jr. was not in the room when the vote was taken.

2014 Budget Calendar

The board considered a resolution setting a timeline for budget work in 2014. [.pdf of budget calendar resolution] Highlights are:

• July 24, 2013: Board approved budget priorities. (That document was subsequently amended on Aug. 7, 2013.)
• May 7, 2014: Board authorized county administrator to seek consultant for work on budget priorities. The review and selection process for that consultant is underway.
• June 5, 2014: Budget discussion on the board’s working session agenda, to discuss the status of any general fund surplus or shortfall.
• July 9, 2014: County administrator presents recommendation for using surplus or addressing shortfall, based on board priorities. Board to take initial vote on recommendation.
• Aug. 6, 2014: Final vote set for surplus/shortfall recommendation.

The county had a 2013 general fund surplus of $3.9 million. County administrator Verna McDaniel has recommended to keep that amount in the general fund’s unearmarked reserves, to meet the county’s goal of having reserves that total 20% of the general fund budget.

Conan Smith (D-District 9).

Conan Smith (D-District 9) began the discussion by saying there were some foundational problems with this approach. One of those problems is that the county administrator has made a recommendation in advance of discussing this issue with the board, he said. The disposition of taxpayer dollars should be made by people elected to make those decisions, Smith said.

In fact, Smith added, since McDaniel has already made a recommendation, much of the work outlined in the timeline isn’t necessary. They should just discuss her recommendation at the board’s June meeting, and take a final vote in July.

Smith didn’t think the board had created an open and transparent process for the community or for county staff to give input on priorities and programs. The timeline also doesn’t give direction to the board about how commissioners can effectively engage in setting priorities for allocating surplus revenues. He expressed frustration that this process “is actually turning out to be little more than a rubber stamp of a decision that’s already been proposed by the administration.”

“I feel personally let down,” Smith continued. Part of his support for a four-year budget had been based on taking this process seriously, he said, and to “engage holistically” with the community in determining how to spend a budget surplus. “I feel personally frustrated because I was a huge part of developing the budgets that resulted in these surpluses,” Smith said. He added that he’d talked to department heads who were asked to make cuts, and had told them there would be discussion about how to get back some of that money if there were surpluses. But now it sounded like the decision has already been made, he said.

Felicia Brabec (D-District 4) – chair of the ways & means committee, who has been leading this process – replied that she sees things differently, and she was sorry that Smith was frustrated. She thought the process did take into account all of the things that Smith wanted to see. Hiring a consultant would help make that happen, she said, by engaging commissioners, staff and the community in moving the needle on their priorities.

Brabec said that McDaniel has shared her recommendation, and now it’s time for the board to discuss it in a very public way. It’s probably not happening as quickly as Smith would like, she noted, and she’d also like to move more quickly, but they’re doing it as quickly as they can.

Yousef Rabhi (D-District 8) said he agreed with some of Smith’s comments. He asked about a handout that Smith had provided to commissioners. [It had not been distributed to the public.] Smith replied that it was part of an email that he’d sent to commissioners in early May. [.pdf of Smith's email]

Smith asked if there was any expectation that the $3.9 million surplus would be used for any purpose other than the fund balance. Brabec said her expectation is that McDaniel’s recommendation will be discussed. “I don’t know what the fruits of that discussion will be,” she said.

Outcome: Earlier in the meeting – prior to this discussion – the resolution had been approved unanimously as part of the board’s consent agenda.

SPARK Grant

Commissioners were asked to approve an application for a $940,000 federal grant that the county would make on behalf of Ann Arbor SPARK, the local economic development agency. Funds would be used to help redevelop the former General Motors Willow Run Powertrain plant in Ypsilanti Township for use as a connected vehicle testing facility.

The Transportation Investment Generating Economic Recovery (TIGER) grant is available through the National Infrastructure Investments Program of the U.S. Department of Transportation. SPARK asked that the county’s office of community & economic development (OCED) act as the lead applicant and fiscal agent. OCED already submitted the grant application – on April 25, 2014. According to a staff memo, “due to the grant application deadline, it was not possible to bring the matter before the [board of commissioners] for approval prior to application submission.”

The project is a partnership with SPARK, the University of Michigan, the redevelopment firm Walbridge Aldinger and Ypsilanti Township, among others. According to a staff memo, the facility could lead to the creation of up to 7,800 new jobs in the skilled trades and research sectors. [.pdf of staff memo and resolution]

There was no discussion on this item.

Outcome: Initial approval for the grant application was approved unanimously. A final vote is expected on June 4.

Coordinated Funding

Commissioners were asked to give final approval to allocate funding to local nonprofits as part of a coordinated funding approach for human services, in partnership with several other local funders. Initial approval had been granted at the board’s May 7, 2014 meeting, when the board had heard from several nonprofit and community leaders on this topic.

The county is one of the original five partners in the coordinated funding approach. Other partners are city of Ann Arbor, United Way of Washtenaw County, Washtenaw Urban County, and the Ann Arbor Area Community Foundation. It began as a pilot program in 2010.

This year, 105 applications were submitted by 50 local organizations totaling $8,732,389 in requested funding, according to a staff memo. A review committee recommended that 57 programs receive a total of $4,321,494 in available funding. Of that amount, the county is providing $1.015 million. [.pdf of staff memo and list of funding allocations]

Among the organizations that are being funded in this cycle are Corner Health Center, Interfaith Hospitality Network of Washtenaw County, Child Care Network, Catholic Social Services of Washtenaw, Food Gatherers and Legal Services of South Central Michigan. Several nonprofit leaders spoke during public commentary in support of this process, as did Ann Arbor city administrator Steve Powers.

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.

Funding for this cycle will start on July 1, 2014. In addition, the RNR Foundation will now be an additional funder in this process.

There was no discussion of this item.

Outcome: Final approval to the coordinated funding allocations was unanimous.

Appointments

The board took action on one appointment: Nicole Sandberg to the food policy council. Board chair Yousef Rabhi (D-District 8) brought the nomination forward. He reported that three applications had been received and reviewed by the council, who had recommended the selection of Sandberg.

The May 21 agenda originally included a slot to appoint someone to the board of public works, but Rabhi pulled the item, saying he wanted to solicit input from existing members of the board of public works.

Outcome: Nicole Sandberg was appointed to the food policy council.

Millage Rate

Washtenaw County commissioners were asked to take the first step in setting the county’s 2014 general operating millage rate at 4.5493 mills – unchanged from the current rate.

Several other county millages are levied separately: emergency communications (0.2000 mills), the Huron Clinton Metroparks Authority (0.2146 mills), two for county parks and recreation (for operations at 0.2353 mills and capital improvements at 0.2367 mills) and for the natural areas preservation program (0.2409 mills). That brings the total county millage rate levied in July to 5.6768 mills, a rate that’s also unchanged from 2013. [.pdf of staff memo]

This is an annual procedural action, not a vote to levy new taxes. With a few minor exceptions, the county board does not have authority to levy taxes independently. Millage increases, new millages or an action to reset a millage at its original rate (known as a Headlee override) would require voter approval.

The rates will be included on the July tax bills for property owners in Washtenaw County.

A public hearing on the millage rates is set for June 4.

Outcome: Commissioners took a unanimous initial vote to set the millage rate. A final vote is expected on June 4.

Proclamations

There were four resolutions honoring individuals or organizations: (1) a resolution of appreciation for Nancy Wheeler, the first African American woman to serve as a Washtenaw County trial court judge and who is retiring this year (she is the aunt of county commissioner Conan Smith); (2) a resolution of appreciation for Lynn Kneer, who is retiring after working as a judicial coordinator for judge Francis Wheeler; (3) a resolution proclaiming June 2014 as Relay for Life Month in Washtenaw County; and (4) a resolution honoring the 20th anniversary of the Interfaith Round Table of Washtenaw County.

Outcome: All resolutions were passed unanimously.

Communications & Commentary

During the May 21 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: Success by Six

Ypsilanti Township resident Shannon Novara, program manager at Washtenaw Success by Six Great Start Collaborative, thanked the board for its leadership in supporting the youngest members of the county. The nonprofit’s mission is to make sure every child in Washtenaw County enters kindergarten ready to succeed. She described the services that the nonprofit offers, and thanked its partners. Specifically, she thanked the county for its support of the annual Touch a Truck fundraiser that was held on May 10 at Ypsilanti Community High School. At least 1,250 children and their families participated, she said. She thanked commissioners and staff for their help, giving special recognition to Rolland Sizemore Jr. (D-District 5) for his work.

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

Absent: Alicia Ping.

Next regular board meeting: Wednesday, June 4, 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 was brought forward by board chair Yousef Rabhi (D-District 8) of Ann Arbor, who had alerted the board about his plans at the previous meeting on May 7. He said he’d met with residents from the west side of the county about the threat of oil extraction. A drilling permit has been applied for in Scio Township, and residents are afraid that the state will grant the permit.

The two resolved clauses state:

BE IT THEREFORE RESOLVED, that Washtenaw County, Michigan:

1. Opposes said oil exploration and drilling, and any future oil exploration and drilling in this area and other areas within the boundaries of Washtenaw County; and

2. Respectfully requests that the Michigan Supervisor of Wells, as part of the Michigan Department of Environmental Quality, deny the permit application to drill the Wing 1-15 well as proposed; and

3. Hereby requests that the State of Michigan and federal legislators move to enact legislation and improve regulations to reduce the risks to public health, safety, welfare and the environment posed by the oil and gas industry, and re-commit to promoting and protecting quality of life, our economic well-being, and our environment through less reliance on non-renewable energy resources.

BE IT FURTHER RESOLVED, a copy of this resolution shall be transmitted as the County’s official comment on said oil drilling permit and application by the Clerk, to each elected official representing Washtenaw County in Lansing, the Office of the Governor, and the Michigan Department of Environmental Quality.

At its May 19, 2014 meeting, the Ann Arbor city council approved a similar resolution opposing oil exploration in Scio Township.

At the county board’s May 21 meeting, commissioners heard from two residents who spoke during public commentary – including Gus Teschke from the advocacy group Citizens for Oil-Free Backyards – urging the board to oppose oil drilling.

During deliberations, Dan Smith argued that the issue was outside of the county’s purview, because the county can’t regulate oil drilling. He noted that the easiest way to prevent oil drilling is for property owners not to sign leases with companies that seek to drill on their land.

Other commissioners cited environmental and public health concerns in support of the resolution.

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

From left: Washtenaw County corporation counsel Curtis Hedger and commissioner Dan Smith (R-District 2). (Photos by the writer.)

Following a lengthy discussion, commissioners voted to set a public hearing about a possible countywide road millage. The hearing will be held at their meeting on May 21 so that the public can give input on a proposal to levy up to 1 mill for roads in 2014. The tax would be levied under Act 283 of 1909.

No final decision is expected at the May 21 meeting about levying a tax – although a resolution to levy a 1-mill tax is on the May 21 agenda for initial consideration.

Commissioners all appeared to support finding a way to secure more road funding, but some voiced concern about process and timing – especially because a tax under Act 283 would be levied without voter approval.

The May 7 discussion began when Dan Smith (R-District 2) brought forward a resolution that would authorize levying a 1 mill tax – under Act 283 – in December 2014. It would generate $14.34 million “to repair 2013–14 winter damage to the roads, streets and paths in Washtenaw County.” The board ultimately voted to postpone the resolution until May 21 over dissent from Alicia Ping (R-District 3).

During the wide-ranging discussion, Ronnie Peterson (D-District 6) expressed concern that the public hadn’t yet been informed about the Act 283 proposal. At the request of board chair Yousef Rabhi (D-District 8), Roy Townsend – managing director of the county road commission – had prepared a list of road projects that could be funded by an Act 283 millage, which was distributed at the May 7 meeting. Townsend and two of the three road commissioners – Barb Fuller and Bill McFarlane – attended the May 7 meeting, and Townsend fielded questions from the board.

Corporation counsel Curtis Hedger cautioned that Act 283 lays out a specific process, which calls for a presentation of proposed road projects at a meeting in late September or October, prior to the December levy. Responding to those concerns, Dan Smith noted that options might include passing a resolution this month or in June to indicate the board’s intent to levy the tax, then possibly using money from the general fund’s fund balance to pay for road work this summer. The fund balance would be reimbursed when the tax revenues are collected in December. Hedger pointed out a risk in that approach: If someone sues the county and a court issues an injunction, then the county might be unable to levy the tax – after already spending general fund dollars.

Conan Smith (D-District 9) supported the Act 283 tax. “I’m almost of a mindset of ‘Let’s do it’ – and if someone wants to sue us over it, you know, then when they file a lawsuit we can reconsider,” he said. Smith preferred the Act 283 levy over a ballot initiative that voters would be asked to approve, saying there are other funding proposals he’d rather put on the ballot – for public safety and human services.

The board discussion on this issue will continue at the May 21 meeting.

In other road-related items on the May 7 agenda, the board voted to accept the recommendations of a subcommittee that was appointed last year to explore options enabled by state legislators. The subcommittee had recommended not to make the road commission part of county operations, and not to make the job of road commissioner an elected position.

The May 7 meeting also included an update about the community’s approach to addressing homelessness. The briefing was in response to a board directive given to staff on April 2, 2014 to develop a plan for updating the county’s Blueprint to End Homelessness. The blueprint was adopted in 2004. The process of updating that plan is to be completed by Oct. 1, 2014.

Responding to information that there’s been an increase in people from outside of Washtenaw County coming to the Delonis Center shelter in Ann Arbor, Conan Smith cautioned against making that kind of distinction, saying it “dehumanized” people who are seeking help, regardless of where they’re from.

Mary Jo Callan, director of the county’s office of community & economic development, told Smith that his point was well taken. But she noted that unless the state asks other communities to provide something close to the level of support that Washtenaw County provides, “then it’s an issue of volume. I’m sorry, but it’s not about dehumanizing.” Ellen Schulmeister, executive director of the Shelter Association of Washtenaw County, noted that 96% of the shelter’s budget comes from local public funding, and the shelter was built for people who became homeless in Washtenaw County. She said it was her job “to hold that line.”

During the May 7 meeting, commissioners also gave initial approval to allocate funding to local nonprofits as part of a coordinated funding approach for human services, in partnership with several other local funders. The county is one of the original five partners in the coordinated funding approach. Other partners are city of Ann Arbor, United Way of Washtenaw County, Washtenaw Urban County, and the Ann Arbor Area Community Foundation.

This year, 105 applications were submitted by 50 local organizations totaling $8,732,389 in requested funding, according to a staff memo. A review committee recommended that 57 programs receive a total of $4,321,494 in available funding. Of that amount, the county is providing $1.015 million. Among the organizations that are being funded in this cycle are Corner Health Center, Interfaith Hospitality Network of Washtenaw County, Child Care Network, Catholic Social Services of Washtenaw, Food Gatherers and Legal Services of South Central Michigan. Several nonprofit leaders spoke during public commentary in support of this process, as did Ann Arbor city administrator Steve Powers.

In other action, the board appointed Ellen Rabinowitz as health officer for the Washtenaw public health department; passed a resolution calling for an increase in Michigan’s minimum wage to $10.10 per hour; and received a first-quarter budget update from the county’s finance staff. First-quarter projections tend to be conservative, because they’re based on only three months of the year, with limited evidence of budget trends. At this point, the 2014 general fund is projected to have a $70,230 shortfall by year’s end – with total revenues of $103,404,537 and total expenditures of $103,474,767. There is no planned use of fund balance for this year’s budget.

Road Funding

The May 7 agenda included a discussion item for road funding options, but there was originally no resolution on the published agenda. At the end of the ways & means committee meeting, Dan Smith (R-District 2) noted that the board has discussed road commission issues for years. He said he continuously hears from residents that they’re sick of the terrible roads, and they’re tired of hearing explanations about why the roads are so bad. People seem willing to raise their taxes to do it, Smith said. He’d even heard support from “an old Dutchman” at his church, which Smith characterized as the strongest endorsement for increasing taxes that he’ll ever get.

Road commissioner Barb Fuller.

Smith thought the board needed to act on this issue, pointing to the impact that an unusually harsh winter has had on the roads. So he put forward a resolution to levy a 1-mill tax authorized under Act 283 of 1909.

Act 283 requires the road commission to submit a plan of recommended road repairs and the cost to undertake the projects. The law allows the county board to levy a millage to cover those costs, without voter approval. [.pdf of relevant section from Act 283, including summary by Lew Kidder of Scio Township.] Because the law is more than a century old and pre-dates the state’s Headlee amendment, there’s some uncertainty about the ability of county governments to use it.

Commissioners have previously held several discussions about the possibility of additional funding sources for road repair – most recently at a lengthy working session on April 17, 2014. In addition to a possible Act 283 levy, another option that’s been discussed is to put a countywide road millage on the Nov. 5, 2014 ballot for voter approval. A draft resolution circulated at the working session called for a four-year, 0.5 mill tax – from 2014-2017 – that would raise $7.15 million in its first year.

The resolution brought forward by Dan Smith on May 7 would authorize levying a 1 mill tax under Act 283 in December 2014. It would generate $14.34 million “to repair 2013–14 winter damage to the roads, streets and paths in Washtenaw County.” [.pdf of draft resolution]

Smith’s resolution would earmark 50% of the gross revenues to be used in the municipality in which the revenue was generated. Beyond that, 10% would be used for non-motorized transportation needs – like bike lanes and pedestrian paths – with the remainder to be allocated “based on use, need, and impact to the traveling public.”

The resolution also addresses concerns about the potential legal issues related to Act 283. From the draft resolution:

FURTHERMORE, BE IT RESOLVED that Washtenaw County Corporation Counsel is directed to provide an exhaustive formal written opinion, by September 30, 2014, which clearly and convincingly details the exact mechanism under which Act 283 of 1909 taxes may be levied in excess of Article IX, Section 6 constitutional limits without a vote of the people; and that the Washtenaw County Board of Commissioners waives any attorney/client privilege concerning this opinion.

FURTHERMORE, BE IT RESOLVED that the Washtenaw County Board of Commissioners asks the county’s legislative delegation, State Senators Randy Richardville and Rebekah Warren and State Representatives Gretchen Driskell, Jeff Irwin, David Rutledge and Adam Zemke, to request an Attorney General opinion regarding the ability for counties to levy a tax under Act 283 of 1909 in excess of Article IX, Section 6 constitutional limits without a vote of the people.

Road Funding: Board Discussion

Yousef Rabhi (D-District 8) reported that he’d met with the road commission earlier that week. He noted that the road commission had prepared a list of possible projects that could be funded under Act 283. The project list had been prepared based on levying 0.4 mills. [.xls spreadsheet of proposed road projects based on 0.4 mill tax] [.xls spreadsheet of possible amounts raised by jurisdiction] [.pdf map showing location of proposed projects]

Yousef Rabhi (D-District 8).

Rabhi said if the board decided to levy the full mill, there would be more projects that could be added to the list.

However, Rabhi said he’d spoken with the county’s corporation counsel, Curtis Hedger, and now had concerns that Act 283 might not be the right approach to get road projects done this year. It might work for next year, Rabhi noted, “but unless we find a creative way of financing this, I think it’s going to be difficult for us to put the dollars levied to road projects in 2014, just because of limitations in the law.”

Yousef asked Hedger when the county could collect the tax under Act 283. Hedger replied, saying he understood there’s some urgency to get money to fix roads. Hedger cautioned that Act 283 lays out a specific process, which calls for a presentation of proposed road projects at a meeting in late September or October, prior to the December levy. It’s meant to be an annual levy, with the road commission determining the projects that need to be done and how much it would cost to do the work. That project list is given to the county clerk, who passes it along to the county board for consideration at an “annual meeting of the board of supervisors.” Hedger noted that Act 283 defines the annual meeting as one that takes place after Sept. 14 and before Oct. 16. Three county board meetings are scheduled during that period this year, he noted.

However, Hedger thought it’s premature to look at levying a millage under Act 283 right now, because the process needs to be followed. The county can’t put the levy on the summer tax bills, he added. Right now, the county levies its general operating millage in July, and every other county tax in December. The state statute allows certain smaller levies to be put on the July tax bill, but not one as large as the Act 283 levy, he said.

Rabhi said he supports what Dan Smith is trying to do, and he knows the road commission is working hard to address the condition of the roads. But no effort, however well-meaning, can overcome the force of nature combined with the force of Lansing, he said, “or the unforce of Lansing.” The situation demands creative thinking, Rabhi said, and there are at least two options. One is levying a millage under Act 283, and the other is asking voters to approve a millage for roads.

Rabhi called the Act 283 levy a “stopgap, Band-aid approach.” If used properly, it can help, he added, but he didn’t know if it would be possible to use it in 2014.

Alicia Ping (R-District 3) chaired the board’s subcommittee on possible road commission restructuring.

Responding to those concerns, Dan Smith noted that options might include passing a resolution this month or in June to indicate the board’s intent to levy the Act 283 tax, then possibly using money from the general fund’s fund balance to pay for road work this summer. The fund balance would be reimbursed when the tax revenues are collected in December.

Rabhi asked Hedger if it would be possible to use general fund dollars for road work, then get reimbursed later from Act 283 revenues. Hedger replied that general fund dollars can be used for anything. The reimbursement aspect is trickier, he said, because the statute states that the Act 283 revenues must be used “exclusively for the purposes herein mentioned.” So if the money is fronted from the general fund, the Act 283 revenues wouldn’t technically be used for the purposes of road project – they’d be reimbursing the county.

The bigger issue, though, is if the county paid for the work out of the general fund, but then is sued later in the year and given an injunction that would prevent levying the Act 283 tax, Hedger said. “Then we would have spent the money, and you have no way to recoup it.” He noted that as the county’s attorney, he’s paid to be a pessimist and to explain the potential downsides.

Rabhi then asked if the road commission would be comfortable spending money this year with the understanding that a millage would be levied in December. Hedger noted that the same risks would be involved for the road commission.

Ronnie Peterson (D-District 6) asked whether an Act 283 millage would be subject to a voter referendum, if citizens decide to do a petition against it. Hedger said it’s not mentioned in the act, so he didn’t think it would be subject to a referendum.

Peterson wondered what would be wrong with putting a millage proposal on the ballot. Let the citizens decide, he said. Peterson complained that the board didn’t support his progressive agenda, and had cut programs like Head Start – yet he was expected to support a road millage. He said he wasn’t necessarily against the road tax, but thought residents should be allowed to weigh in.

Peterson also wondered why the road commission couldn’t issue bonds to cover the work. He said he’d support postponement until the May 21 meeting, so that these questions could be addressed, and so Hedger can put some of these things in writing.

Conan Smith (D-District 9) directed a series of questions to Roy Townsend, managing director of the road commission. He asked about the flexibility of funding that the road commission uses, including formula funding from Act 51. Are those funds discretionary? Townsend replied that the road commission receives Act 51 funding each month from the state, which varies between about $1.1 million to $1.8 million. Townsend indicated that there’s some flexibility in spending those funds. It depends on what priorities are for the townships, and how much township funding is available.

Conan Smith (D-District 9).

If the road commission gets direction in May or June, Townsend said, there’s still time to do more road work this season.

Conan Smith suggested working with the road commission on projects for 2015 that could be paid with an Act 283 levy in December of 2014. That approach might free up funds this year for other projects that can be funded with non-Act 283 revenues.

Townsend hoped there’d be a way to figure out how to make more revenues available. He reported getting a call from a resident who lived on Willis Road, who had collected pieces of the road in a wheel barrel – because the road was disintegrating – and wanted the road commission to pick it up.

Conan Smith noted that Act 283 isn’t the best vehicle for road funding, but it’s an option. “I’m almost of a mindset of ‘Let’s do it’ – and if someone wants to sue us over it, you know, then when they file a lawsuit we can reconsider. But know that if you file a lawsuit, there isn’t money for the project anymore.” There’s a sense of urgency that the county board needs to meet, he said.

Responding to Peterson’s question about putting a road tax before voters, C. Smith noted that the earliest the board could get to the ballot would be August – if they voted on it that night – and after that, it would be in November. And there’s no guarantee that voters would approve it, he noted.

The other issue, C. Smith said, is that he has other priorities that can only be funded by going to the ballot. The sheriff has repeatedly articulated challenges regarding public safety, Smith said, and the only mechanism for funding that is to put a millage proposal on the ballot. Human service needs are another area that could be funded with a ballot initiative. With roads, the county has the option of going to the ballot, but also has another means of funding – Act 283. “I’d like to use the other means [for road funding], and save the ballot for those issues that I really, really deeply care about,” Smith said.

C. Smith thanked Dan Smith for bringing forward this proposal, and for designating 10% of the funds raised through Act 283 to work on the non-motorized transportation network. “If you’re a biker or a walker, you know that network is as messed up as the road system is,” C. Smith said.

C. Smith said he was comfortable taking an initial vote on this resolution that night at the ways & means committee meeting, with a final vote on May 21. If everyone else wanted to postpone, that was fine with him too.

Andy LaBarre (D-District 7).

Andy LaBarre (D-District 7) said he’d been in Lansing the previous day, and had spoken to both of the state senators who represent parts of Washtenaw County. One of those was Sen. Randy Richardville (R-District 17), who is the senate majority leader. Richardville had indicated support for a plan that’s being worked on in Lansing, that might allocate up to $2 billion for a more comprehensive fix to repair roads in Michigan. LaBarre didn’t think it would hurt to wait a few weeks to see what the state legislature would do. “I have zero faith in them as an institution – that’s probably by this point a relatively bipartisan statement – but here’s the deal: They are the only ones, short of the feds, that can dedicate enough resources to actually do this in a way that’s comprehensive.”

LaBarre also wanted to wait so that the other issues raised during the May 7 discussion could be addressed. He wanted to be in a position to defend the board’s decision, if they levied Act 283, to show they did it in the most prudent, thought-out way.

Dan Smith said he was comfortable with the options discussed – postponement or initial approval. As far as seeing what state legislators might do, “I’m greatly tired of waiting for Lansing,” he said. State lawmakers have been talking about it a long time, he noted, and if the county board wants to do anything about its infrastructure, they need to do it themselves. If the state steps in later, “so much the better for transportation infrastructure in Washtenaw County.”

He stressed that an Act 283 levy would raise revenues for projects in cities as well as townships. He also supported putting a tax proposal before voters, but he understood the concerns that Conan Smith had raised.

Road Funding: Board Discussion – Postponement

Peterson moved to postpone the Act 283 resolution until the May 21 ways & means committee meeting, for an initial vote. He stressed the need for some kind of public process – particularly since it’s an election year. [All nine county commissioner seats are up for election in 2014.]

There was no additional discussion.

Outcome: On a 7-1 vote, commissioners postponed the resolution until May 21. Dissenting was Alicia Ping (R-District 3). Rolland Sizemore Jr. (D-District 5) was out of the room when the vote was taken.

Road Funding: Board Discussion – Public Hearing

Yousef Rabhi proposed scheduling a public hearing to get feedback on road funding proposals. Dan Smith moved to schedule a public hearing for the board’s May 21 meeting.

Ronnie Peterson (D-District 6).

Ronnie Peterson wondered what the voters would be responding to: Would the road commission have a plan prepared before then? He also wanted a document from corporation counsel Curtis Hedger, laying out the legal issues. He thought the public should have access to the same information that commissioners have.

Rabhi said the plan that was prepared by the road commission – based on an Act 283 levy of 0.4 mills – had been approved by the road commission board. Rabhi said he appreciated Peterson’s comments, because the resolution for funding proposes a 1-mill tax.

Dan Smith noted that a public hearing isn’t required, but he was in favor of having one anyway. He thought that by the time the May 21 agenda was posted, there would be sufficient information available to the public. He wasn’t too worried about the board eventually deciding to levy less than 1 mill – he didn’t think any citizens would object to a lower levy.

Felicia Brabec wanted time to talk with township officials in the district she presents.

Rabhi noted that the board already has a plan from the road commission for projects that could be funded with Act 283 revenues. But it was confusing, given the different amounts mentioned in the road commission’s plan and Dan Smith’s resolution, so he wouldn’t support scheduling a public hearing yet.

Alicia Ping pointed out that the allocations outlined in the resolution: Of the 1 mill levy, 50% of the revenues would go back to the individual jurisdictions – townships, villages and cities – and 10% would be designated for non-motorized transportation. That brings the amount close to the 0.4 mills mentioned in the road commission plan, she said.

Dan Smith pointed out that a public hearing would be a generic public hearing about levying 1 mill under Act 283. He thought there would be more than enough information in the board packet.

Hedger suggested that the wording of the public hearing notice could be for a levy of “up to 1 mill.” Conan Smith offered that wording as a friendly amendment.

Outcome: On a 5-3 vote, commissioners approved setting a public hearing for an Act 283 levy at the May 21 meeting. Dissenting were Felicia Brabec, Ronnie Peterson and Yousef Rabhi. Rolland Sizemore Jr. was out of the room when the vote was taken.

Road Funding: Public Commentary

During the evening’s second opportunity for public commentary, Jeff Hayner of Ann Arbor spoke to the board. He said he’d been watching the proceedings from home and thought he’d come to the meeting to say a few words. He’d been surprised to see a public hearing scheduled for May 21 on the Act 283 millage. He noted that a road millage had recently passed in Grand Rapids, and that the previous day, on May 6, a new transit tax had been passed by voters in Ann Arbor, Ypsilanti and Ypsilanti Township. “Now we’re paying more for buses than we pay for the roads they ride on,” Hayner said. “And it got me thinking, you know? The taxpayers’ corpse isn’t even cold yet, and you guys are reaching into their pockets for more.”

He didn’t think it was right that a tax proposal wouldn’t be put before voters for approval. He thought the state’s Headlee Amendment was put in place to give taxpayers a voice. He didn’t think it was right that taxes would be doubled. Hayner pointed out that advocates for a public transit millage had years to prepare, and even that didn’t seem like enough time for a decent conversation, he said. He urged commissioners to take more time so that they could hear from people about the possible road tax.

Road Funding: Subcommittee Recommendations

In another road-related item, the May 7 agenda included a resolution to accept the recommendations of a subcommittee that was appointed last year to explore options enabled by state legislators. The subcommittee had recommended not to make the road commission part of county operations, and not to make the job of road commissioner an elected position.

State legislation enacted in 2012 allowed for: (1) a county board of commissioners to exercise the powers and duties of a road commission; and (2) the functions of a road commission to be transferred to the county board. A sunset clause means that the laws expire on Jan. 1, 2015. That deadline prompted the county board to examine these options.

Outcome: The resolution passed, initially without dissent. Rolland Sizemore Jr. (D-District 5) was not in the room when the vote was taken. A few minutes after the vote, Conan Smith (D-District 9) spoke with Pete Simms, a member of the county clerk’s staff who takes minutes for the board. The communication was inaudible to the public, but board chair Yousef Rabhi subsequently announced that Smith had indicated his intention to vote against the resolution.

The following night, on May 8, the board’s working session included a discussion of another restructuring option: Expanding the road commission board. See Chronicle coverage: “County Debates Expanded Road Commission.”

Road Funding: Letter to State Legislature

Dan Smith (R-District 2) drafted a letter to be sent to the state House Transportation & Infrastructure Committee, urging passage of House Bills 5117 and 5118, which would remove the sunset clause from state legislation that had been enacted in 2012 regarding the possible restructuring of road commissions. [.pdf of letter]

From the letter:

Washtenaw County’s roads are a critical public asset; stewarding this infrastructure is the responsibility of an independent entity, with negligible input or funding from the elected Board of Commissioners. Eliminating the sunset would provide the board with more options for managing roads, including the possibility of additional locally-generated revenue. We urge passage of HB 5117 and HB 5118.

Yousef Rabhi, Alicia Ping and Kent Martinez-Kratz asked that their names not be included as signatories. After consulting with corporation counsel Curtis Hedger during the meeting, Rabhi told commissioners that if anyone else wanted their names removed from the letter, they should let Smith know.

Outcome: It was not a voting item.

Coordinated Funding

Commissioners were asked to give initial approval to allocate funding to local nonprofits as part of a coordinated funding approach for human services, in partnership with several other local funders.

Community activist Lefiest Galimore and Eileen Spring, president and CEO of the nonprofit Food Gatherers.

The county is one of the original five partners in the coordinated funding approach. Other partners are city of Ann Arbor, United Way of Washtenaw County, Washtenaw Urban County, and the Ann Arbor Area Community Foundation. It began as a pilot program in 2010.

This year, 105 applications were submitted by 50 local organizations totaling $8,732,389 in requested funding, according to a staff memo. A review committee recommended that 57 programs receive a total of $4,321,494 in available funding. Of that amount, the county is providing $1.015 million. [.pdf of staff memo and list of funding allocations]

Among the organizations that are being funded in this cycle are Corner Health Center, Interfaith Hospitality Network of Washtenaw County, Child Care Network, Catholic Social Services of Washtenaw, Food Gatherers and Legal Services of South Central Michigan. Several nonprofit leaders spoke during public commentary in support of this process, as did Ann Arbor city administrator Steve Powers.

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.

In 2012, TCC Group – a consulting firm based in Philadelphia – was hired to evaluate the process. As a result of that review, several changes were recommended and later authorized as part of the county board’s overall coordinated funding resolution, passed on Nov. 6, 2013. The changes were described in a staff memo:

The County’s Human Services and Children’s Well-being funding will continue to focus on critical services for early childhood, aging, housing/homelessness, safety net health, school-aged children and youth, and food security/hunger relief. Under this proposal, this funding will not necessarily be allocated to these six priority areas in proportional amounts consistent with historic trends. Allocations to these six priority areas will be based on identified community-level outcomes, the strategies that align with them, and how each are prioritized.

Under this proposal, the application pre-screening process will be broadened to better accommodate smaller non-profit organizations. New types of financial documentation will allow smaller agencies to illustrate their viability in the absence of an independent audit. Capacity-building grants would be available to target smaller agencies that need to improve their governance or financial structure to be eligible for the application process, with the goal of expanding the opportunities for all agencies providing human services in the County in an equitable fashion.

Funding for this cycle will start on July 1, 2014. In addition, the RNR Foundation – a family foundation that funded TCC Group’s evaluation of the coordinated funding approach – will now be an additional funder in this process.

Coordinated Funding: Public Commentary

Six people spoke during public commentary about coordinated funding and the county’s support for nonprofits. Several others who are involved in coordinated funding – as board members or executive directors of the nonprofits that receive funding – attended the meeting but did not formally address the county board.

Lefiest Galimore noted that he had previously shared his concerns with the board about the coordinated funding approach. The process eliminates African-American organizations out of the funding process, he said. He’s heard that the issue is a nonprofit’s capacity, but “that’s no longer an acceptable excuse,” he said. This is a problem that needs to be dealt with. People are trying to do good things but they can’t get funded, he said, so they’re taking money out of their own pockets. Some organizations are getting hundreds of thousands of dollars, Galimore said, but there’s no accountability. African-Americans account for 16% of the county’s population, but over 50% of people incarcerated at the county jail are African-Americans, he said, and the situation isn’t getting better.

Steve Powers, Ann Arbor city administrator.

Ann Arbor city administrator Steve Powers told commissioners he wanted them to understand that the Ann Arbor city council is fully committed to the coordinated funding process. On Nov. 7, 2013, the council endorsed the coordinated funding model, and council would be considering the city’s over $1.2 million general fund allocation for coordinated funding at its May 19 meeting. The process is bringing together the community, the public and private sector, and nonprofits to focus on outcomes that matter, he said.

Nicole Adelman, executive director of Interfaith Hospitality Network-Alpha House, told commissioners that she lives in Washtenaw County, and is also a board member of the Washtenaw Housing Alliance and the HIV-AIDS Resource Center. She thanked the board for supporting local human service agencies, and for spending time later in the meeting to talk about homelessness in Washtenaw County. She reminded everyone of the children and families that experience homelessness, who often aren’t talked about. There are 8 parents and 13 kids at the Alpha House shelter that night, she said. Any discussion about homelessness should include not just individual adults, but also children and families.

Speaking next was Debbie Jackson, director of community impact for community impact for the United Way of Washtenaw County, one of the coordinated funding partners. She noted that together, the six partners leverage about $12.5 million for human services. On May 5, the United Way board had approved the recommendations that county commissioners were now considering. United Way’s commitment to the process this year is $1.8 million, she noted. She thanked commissioners and others in the community for their support.

Carole McCabe, executive director of Avalon Housing, thanked the board for their interest in homelessness, calling it an urgent priority for the community. She reminded them that Avalon’s work to provide permanent supportive housing is an effective solution to homelessness. They operate 260 apartments at 20 different sites around Ann Arbor, providing housing to 160 adults, about 100 families and 150 children. She described the range of services that Avalon provides, and noted that Avalon is a founding member of the Washtenaw Housing Alliance.

Chris Levleit, operations director for Michigan Ability Partners, described the work of that nonprofit in providing housing stability for veterans and others with disabilities. She encouraged commissioners to continue providing support to address homelessness.

Coordinated Funding: Board Discussion

Ronnie Peterson (D-District 6) said the board had passed a resolution to set up a committee to look at human services funding, and he wondered what the status was for that committee. He said the vote had occurred during the board’s budget discussions last year, at the same time that the board had voted to establish a committee to handle Act 88 allocations.

No one else on the board indicated that they recalled such a resolution, nor did county administrator Verna McDaniel. Peterson hoped someone could research that by the next board meeting. Yousef Rabhi (D-District 8), who serves as board chair, promised to follow up with Peterson.

Peterson spoke at length about the need for supporting human services nonprofits and the residents they serve – especially those struggling with homelessness. He noted that the eastern part of the county, including the Ypsilanti area that he represents, is one of the few places that has affordable housing. The county needs to be involved in addressing some of these unmet needs, he said, and in providing a better “front door” to the county’s own human service agencies.

Andy LaBarre (D-District 7) thanked the representatives from local nonprofits who were attending the meeting, saying he also interacted with many of them during his “day job.” [LaBarre is vice president for government relations at the Ann Arbor/Ypsilanti Regional Chamber.] He thanked them for their work in the community.

Rabhi also thanked the nonprofit leaders, noting that they help leverage public dollars for the public good.

Outcome: Felicia Brabec (D-District 4) recused herself from the funding allocation for Food Gatherers, noting that she serves on that nonprofit’s board. Otherwise, the coordinated funding allocations were endorsed unanimously. The board is expected to take a final vote to allocate funding on May 21.

Response to Homelessness

At their May 7 meeting, commissioners were briefed on possible responses to homelessness and a lack of affordable housing in this community. The briefing came in response to a board directive given to staff on April 2, 2014 to develop a plan for updating the county’s Blueprint to End Homelessness. The blueprint was adopted in 2004. The process of updating that plan is to be completed by Oct. 1, 2014.

Ellen Schulmeister, executive director of the Shelter Association of Washtenaw County.

The May 7 presentation was given by three different staff members: Mary Jo Callan, director of the county’s office of community and economic development; Ellen Schulmeister, executive director of the Shelter Association of Washtenaw County, which runs the Delonis Center homeless shelter; and Amanda Carlisle, director of the Washtenaw Housing Alliance. Several WHA board members also attended the May 7 meeting, including former county administrator Bob Guenzel, who serves as WHA board president, and attorney Dick Soble, the board’s secretary. [.pdf of presentation]

Schulmeister reviewed the contributing factors to homelessness, including untreated mental illness, increased poverty, a lack of affordable housing and more. She noted that 78% of the people who come to the shelter have income less than $500 per month, and 71% have no income.

The good news is that homelessness “just plain ends with housing,” she said, “and that’s an important phrase to remember.” The formula for success, she added, is permanent affordable housing plus supportive services. That includes “rapid rehousing,” where people who are homeless are quickly given housing with a short- to medium-term subsidy, coupled with supportive services.

This community has a long history of addressing the problem, including creation of the Blueprint to End Homelessness. That effort involved over 300 community members and organizations, including the private sector, sheriff’s office, University of Michigan and Eastern Michigan University. Carlisle reviewed the blueprint’s four main goals: prevention, housing with services, reforming the system of care, and engaging the community.

Carlisle also described some of the achievements since the blueprint was developed, and pointed commissioners to a more comprehensive report about these efforts that’s posted on WHA’s website. [.pdf of progress report] Highlights include work by Project Outreach Team (PORT) and the Justice Project Outreach Team (JPORT); the Housing Access for Washtenaw County (HAWC), which provides a single entry-point for people seeking services; creation of an endowment for permanent supporting housing; the FUSE (Frequent User Systems Engagement) project, a national pilot program that integrates services for high-risk adults; and creation of a street outreach court and rapid re-housing program, among several other initiatives.

A map showing the percentage of households on public assistance, by census tract: Dark orange (over 30%), light orange (20-30%), tan (10-20%) and cream (0-10%).

Callan noted that a lot has happened in the last 10 years, but it’s no surprise that they haven’t come close to ending homelessness. In 2013, 4,542 people were homeless in Washtenaw County – a 25% increase since 2011. On any given night, 510 people experience homelessness in Washtenaw County. Callan also pointed out that the Delonis Center has seen a 38% increase in people using the shelter from outside of Washtenaw County, from 2012 to 2014.

Several organizations provide a total of 299 emergency shelter beds, but demand far exceeds available resources. Callan noted that the goal isn’t to add more shelter beds, because the solution to homelessness is housing. Temporary shelters are also the most expensive way to address homelessness, she said.

Callan reviewed the spectrum of affordable housing options in Washtenaw County, from temporary shelters and transitional housing to market-rate apartments, public housing, cooperatives, group homes, vouchers, and other options. She noted that during the recession, it was easier to find affordable housing to rent and easier to find landlords who were willing to reduce their rents. Now that the economy is recovering, affordable units are getting more difficult to find, Callan said.

Callan also reviewed the many barriers to helping people find housing. This is the costliest housing market in Michigan. There are only 18 units of affordable, available housing for every 100 of the lowest-income families. The fair market rent for a two-bedroom apartment in Ann Arbor is $942, compared to the average $784 statewide. Callan noted that there’s a $106 difference in rent for a two-bedroom apartment in Ann Arbor compared to Ypsilanti – less than a mile away. “That disparity grows bigger as you go further east,” she said.

Dick Soble, a board member of the Washtenaw Housing Alliance.

To put the rent in context, Callan noted that you’d need to earn an hourly wage of $18.31 to afford a two-bedroom apartment renting at $942 a month. The living wage set by the county board is $13.65, while the federal minimum wage is $7.25. Residents who earn that federal minimum wage would have to work 100 hours a week to afford the two-bedroom apartment.

Callan noted that a growing number of residents are spending more than 30% of their income on housing costs, and there’s a growing income disparity.

Callan also highlighted the increased pressure on the county’s shelter system, with a 38% increase in the number of out-of-county people using the Delonis Center in Ann Arbor. It’s untenable for everyone to have Washtenaw County serve as the shelter for all of southeast Michigan, she said.

Schulmeister noted that the three-county region of Macomb, Oakland and Wayne have 14 shelters and a population of just over 4 million. Washtenaw County has 8 shelters for a population of 344,000. There are no shelters in Livingston County, and only two shelters in Jackson County, she noted. In the last year, 43% of the out-of-county people who used the Delonis Center came from Wayne County.

Callan laid out several options that the county and its partners have for addressing these issues:

• Restore funding for affordable housing projects, such as rapid rehousing, affordable housing development, and permanent supportive housing.
• Create and fund a mission-style shelter and/or a permanent warming center.
• Use county assets to advance affordable housing projects.
• Continue to stabilize existing providers, including PORT and local nonprofits.
• Provide funding for short-term motel/hotel stays to engage people in permanent housing programs.

As an example of costs, Callan explained that it would cost about $1.5 million annually to operate a “mission-style” shelter with a day center. That’s based on a 25,000-square-foot facility for overnight sleeping and daytime “warming” for 100 people. It assumes a staff of about 17 full-time employees but does not include capital costs or overhead like accounting.

By comparison, that same $1.5 million could provide rapid rehousing of about 200 people each year, or permanent supportive housing for 107 people. It could also pay for a new housing development with nine units, Callan noted. She again stressed that shelters are the most expensive option, and not a long-term solution. Schulmeister told commissioners that the goal is to turn over shelter beds by finding housing for people, not by kicking them out because they’ve “timed out” of the system.

Callan provided a list of advocacy options that the county board could pursue:

• Support waiver requests from HUD for an increase in the fair-market-rate allowance for Ann Arbor. The Ann Arbor housing commission has already started working on this issue.
• Advocate for a “local preference” option for individuals seeking shelter services. “Does it mean we’d turn away anyone who’s not from Washtenaw County? No, we have never done that,” Callan said. But Washtenaw County is doing more than its fair share, she said, so the state should either provide more funding or allow the county’s shelter services to prioritize working with people from Washtenaw County.
• Advocate for state enabling legislation to allow “voluntary inclusionary zoning.” This is more of a city or township issue, Callan said, that would allow jurisdictions to require a certain percentage of affordable housing units in any new development.
• Implement and support new source-of-income anti-discrimination policies at the county and state level. A lot of landlords automatically exclude any income that comes from a housing voucher, and there’s nothing to prevent that.

There are also several options for the county board to engage in working to overcome homelessness, Callan said. They could support the recommendations of a task force on sustainable revenue for supportive housing services, which will be making a presentation at the board’s May 22 working session. They could participate in the Continuum of Care, a broad-based community group that focuses on housing and homelessness. In September, there will be a bus tour of housing and homelessness providers, and later in the fall there will be a “community conversation” forum on these issues.

Response to Homelessness: Board Discussion

Yousef Rabhi (D-District 8) said he’d been hoping to see a specific timeline for how the Blueprint to End Homelessness will be updated. Amanda Carlisle of the Washtenaw Housing Alliance said the WHA board had been talking about that, and it’s something that will likely happen in the fall. Mary Jo Callan said the original blueprint was developed as a community-wide project, and the update would involve a broad community effort as well, led by the WHA.

Jason Morgan, director of government relations for Washtenaw Community College and a member of the county’s Community Action Board, and Mary Jo Callan, director of the county’s office of community & economic development.

Responding to another query from Rabhi, former county administrator Bob Guenzel – who serves as WHA’s board chair – said the county and the cities of Ann Arbor and Ypsilanti had authorized WHA to work on developing the blueprint 10 years ago. Then each of those three public bodies approved the blueprint. He said the WHA would appreciate that same kind of support for the update.

Rabhi hoped it would be possible to develop a more detailed timeline on how the update would occur, to ensure it would be done in 2014. Guenzel indicated that WHA has the same goal.

Conan Smith (D-District 9) said he was really disturbed by how homeless people are “dehumanized” if they come here from other communities. “They came here because we have high quality of life,” he said. He wanted to stop making that issue a part of the conversation regarding shelter services.

Ellen Schulmeister of the Shelter Association responded. She noted that 96% of the shelter’s budget comes from local public funding, and the shelter was built for people who became homeless in Washtenaw County. It was her job, as director, “to hold that line,” Schulmeister said. To do that, they established the location of a person’s last permanent residence as well as the reason for coming to this county. About 25% of the shelter’s spots were provided to out-of-county people. Anyone who was turned away who isn’t from Washtenaw County was given transportation to wherever they had connections, she said.

A lot of supportive services are funded based on the county’s boundaries, she noted. Many people had court cases in other counties, and didn’t have transportation to get there. There are many barriers to helping people who aren’t from this county, she said.

Conan Smith said he appreciated how Schulmeister framed the issue, calling it a “very hot-button thing” with some people objecting to their money being spent to support anyone who’s not from here. To him, that’s a poor attitude.

Schulmeister pointed out that the shelter is a limited resource. “So we have to make sure we’re taking care of the people in our community with the building that we have,” she said.

C. Smith replied that it’s a very difficult line to draw. What if someone works here but lives in Oakland County and becomes homeless there? Schulmeister said that if someone has a job in Washtenaw County, they’re considered a resident here. She told commissioners that other counties are shipping people to Washtenaw County for shelter services. “That’s not an appropriate way to treat people, either,” she said.

Felicia Brabec (D-District 4).

C. Smith told Schulmeister that she was taking the conversation too personally about the shelter. He was talking about a community attitude.

Mary Jo Callan told Smith that his point was well taken. But she noted that unless the state asks other communities to provide something close to the level of support that Washtenaw County provides, “then it’s an issue of volume. I’m sorry, but it’s not about dehumanizing.”

Smith responded: “What you’re saying is it’s a matter of triage. You’re saying a certain kind of person is a better kind of person to serve.”

“I’m not saying that,” Callan replied. “Your point is well taken, but I don’t think that’s what we’re saying.”

Smith acknowledged that it’s a huge challenge, and a comprehensive solution across the entire system is important. Regardless of where people come from, “homeless people have rights, and one of those rights to me is housing.” He hoped they wouldn’t get hung up on the distinction of where people came from. “I think we should just own the fact that we’re going to care for people because they need to be cared for.”

Smith said he thought an economic development strategy needs to be a key component of a solution to homelessness. People need an income in order to sustain their housing, he noted. He asked that Callan, Schulmeister and Carlisle give the same presentation to the county’s workforce development board. Smith said that the chamber of commerce and Ann Arbor SPARK need to understand their role in this effort, too.

Smith also wondered how many of the 4,500 homeless people would likely need supportive housing permanently. Carlisle said that an estimated 1,700 units of permanent supportive housing are needed. Callan added that an upcoming needs assessment will attempt to quantify the need.

Kent Martinez-Kratz (D-District 1).

Smith said the county wants to have a big role in addressing homelessness, because there are resources that the county can bring to bear on the issue – spanning everything from economic development to community corrections. “Please think holistically and reach out to all of our teams and engage them,” he said.

Felicia Brabec (D-District 4) indicated that she didn’t believe housing could end homelessness, because there are so many contributing factors to homelessness that also need to be addressed. If people don’t have the supportive services they need, they won’t be able to sustain their housing.

She pointed to the example of Utah, where officials decided it was more economical to providing housing to everyone who needs and wants it, as well as supportive services. She thought it was an inventive approach.

Andy LaBarre (D-District 7) invited Callan, Schulmeister and Carlisle to the board’s May 22 working session, to continue the discussion. He chairs the working sessions and sets the agenda.

Ronnie Peterson (D-District 6) wanted to talk more about partners who can help the county address this problem, including partnerships with surrounding counties.

Yousef Rabhi wrapped up the discussion by saying people should have a choice about where they live, but “if Washtenaw County is their only option, then we have failed them as a region.” The goal should be making sure that each individual can live in the community of their choice, for whatever reason, he said.

Outcome: This was not a voting item.

1st Quarter Budget Update

Tina Gavalier, the county’s finance analyst, delivered a financial report on the county’s general fund budget, for first three months of 2014 – from January through March. She noted that the first-quarter projections tend to be conservative, because they’re based on only three months of the year, with limited evidence of budget trends. [.pdf of Gavalier's presentation]

County administrator Verna McDaniel.

As the board had learned at its April 16, 2014 meeting, Gavalier reported that property tax revenues will be about $720,000 greater than originally projected. The budget had been adopted in late 2013 with an assumption that the tax base would increase by 1% in 2014. According to the equalization report delivered in April, the increase is higher – 2.02%.

Also showing a revenue surplus is the sheriff’s office, with a projected surplus of $111,000 primarily due to higher-than-expected local, state and federal reimbursements.

There are currently projected revenue shortfalls in several areas, including the clerk/register of deeds office ($403,000), district court ($89,000) and interest revenue ($71,000).

In total, there’s now a projected revenue surplus of $277,335 for the general fund, Gavalier said – with shortfalls being more than offset by the property tax surplus.

On the expense side, the sheriff’s office is about $564,000 over the amount budgeted for this year, due to higher-than-expected overtime costs, expenses for inmate food and medical expenses. For all other departments combined, so far expenses are projected to be about $54,000 over budget. Those amounts are partially offset by a projected surplus of about $239,000 in tax appeals and refunds – that is, it’s expected that those expenses will be less than budgeted. Gavalier noted that most of that tax appeal and refund activity will take place in the third quarter, so the amount of any surplus would be clearer then.

Gavalier noted that structural and non-structural adjustments made to the budget since it was passed in late 2013 total about $560,000 in increased expenses. Those include the addition of autism health care coverage, the board’s decision to hire a position for budget work, a “local government initiative” intern, a position in the sheriff’s office, and allocations to keep the homeless shelter’s warming center open in April.

In total, there are $347,565 in general fund over-expenditures as of March 31.

Based on the first-quarter report of revenues and expenses, the 2014 general fund is projected to have a $70,230 shortfall by year’s end – with total revenues of $103,404,537 and total expenditures of $103,474,767. There is no planned use of fund balance for this year’s budget.

Gavalier also reported on several items that will be monitored in the coming months:

• higher expenses in child care programs – for the trial court, children’s services detention, and the department of human services – due to increased caseloads and placements
• fringe benefits
• personal property tax reform
• Act 88 legislation repeal or reform
• annual actuarial valuations for pensions and retiree health care
• annual cost allocation plan
• state revenue-sharing

In the near future, Gavalier said, county administrator Verna McDaniel will present the board with recommendations for dealing with any projected deficits or surpluses. The next quarterly update will occur in August, with a budget affirmation process for 2015 through 2017 taking place this fall.

1st Quarter Budget Update: Board Discussion

Conan Smith (D-District 9) asked about the “local government initiative intern” line item. County administrator Verna McDaniel replied that it refers to a fellowship that’s being developed to help with budget-related work.

By way of background, at the board’s March 19, 2014 meeting, commissioners authorized McDaniel to hire a contract employee who will support budget-related work this year for the county board and administration. As county administrator, McDaniel has discretion to spend up to $50,000 on professional services contracts. She’s taking the approach of creating a fellowship, with the hopes of tapping students from institutions like the University of Michigan’s Ford School of Public Policy, for example.

Rolland Sizemore Jr. (D-District 5).

Smith then asked how the current first quarter compares to other years. Gavalier noted that one of the main differences this year is that the budget doesn’t include the use of fund balance. In recent years, the budget has used reserves to help balance the general fund budget.

Dan Smith (R-District 2) asked about the shortfall in the clerk/register of deeds office. It had been primarily related to a decrease in revenues from document-processing, so he wondered if there was a corresponding decrease in expenses. If so, was the $403,000 a net or gross amount? Gavalier replied that revenues and expenses are looked at separately, because most departments don’t have enough general fund revenue to cover their general fund expenditures. She noted that the budgeted revenues for the clerk/register of deeds in 2014 was $700,000 higher than 2013.

Dan Smith said that his expectation would be to see expenses decrease, if fewer documents are being processed. Gavalier said she’d follow up with him on that.

Yousef Rabhi (D-District 8) asked about the budget for veterans relief. It seems that the department of veterans affairs regularly shows a shortfall, he said. If the county isn’t levying at a high enough rate to take care of veterans in Washtenaw County, the board should look at increasing that levy, he said. Rabhi asked Gavalier to comment on that.

By way of background, the board voted to levy a 0.0333 mill tax for indigent veterans services on Oct. 16, 2014. The rate of 1/30th of a mill was levied in December 2013 to fund services in 2014. It was expected to generate $463,160 in revenues. The previous rate, levied in December 2012, was 0.0286 mills – or 1/35th of a mill. It generated $390,340 in 2013.

The county’s position is that it is authorized to collect up to 1/10th of a mill without seeking voter approval. That’s because the state legislation that enables the county to levy this type of tax – the Veterans Relief Fund Act, Public Act 214 of 1899 – predates the state’s Headlee Amendment. The county first began levying this millage in 2008. Services are administered through the county’s department of veterans affairs.

Gavalier noted that the board has increased the rate in the past two years. Rabhi replied that it still might not be enough. It’s a priority to take care of veterans who have sacrificed so much, he said. Gavalier indicated it would be possible to discuss options, based on looking at the last two years and the first quarter of 2014. Rabhi noted that the levy is relatively small, which is good from a taxpayers’ perspective, but there’s a need to provide services for indigent veterans.

Switching topics, Conan Smith said he’d like to consider creating a “budget stabilization fund,” like the state has. The state has a “rainy day” fund with money set aside in case something goes wrong, he said. The county’s approach is to leave money in its fund balance, he noted. The target is to have a fund balance that’s 20% of the county’s general fund budget. Smith noted that since November 2013, the board has tapped the fund balance for about $500,000 for various reasons. “When we spend money without identifying a source, that means it comes out of fund balance,” he said. So if they really want to be deliberate in building up a strategic reserve, he thought they should consider creating a separate budget stabilization fund. He hoped the board could talk about that as part of its budget discussions.

Dan Smith said he liked the idea. The board could then as a body make decisions on allocating the funds toward specific activities. Alicia Ping (R-District 3) also supported creating some kind of designated fund reserve.

On another note, Rolland Sizemore Jr. (D-District 5) observed that last year, the administration and board had been on a path to borrow $350 million to cover employee pension and retiree health care costs. He thought they needed to discuss that issue too.

Outcome: This was not a voting item.

Rabinowitz Appointment

Ellen Rabinowitz was nominated for appointment as health officer for the Washtenaw public health department, after serving in that position on an interim basis since late last year. The appointment is effective May 19.

Ellen Rabinowitz.

Rabinowitz will receive a salary of $126,098. That salary includes her role as executive director of the Washtenaw Health Plan, a job she’s held for 11 years.

A staff memo notes that the county will see a savings of $30,266 in personnel costs as a result of this appointment. The salary will be covered by the public health department (80%) and the Washtenaw Health Plan (20%). Fleece’s salary was covered in full by the public health department.

The county board appointed Rabinowitz as interim health officer on Nov. 6, 2013. The appointment was spurred by the retirement of former health officer Dick Fleece, effective Dec. 28, 2013.

The position is mandated by the state, and requires a graduate degree and 5 years of full-time public health administration. Responsibilities include overseeing the county’s public health department. [.pdf of Rabinowitz resume]

Outcome: The appointment was approved unanimously. Rabinowitz received a round of applause from commissioners and staff.

Support for Minimum Wage Increase

The May 7 agenda included a resolution calling for an increase in Michigan’s minimum wage to $10.10 per hour.

At the board’s April 2, 2014 meeting, board chair Yousef Rabhi (D-District 8) had indicated his intent to bring forward this resolution. Earlier that day, President Barack Obama had given a speech at the University of Michigan that focused on the need to raise the federal minimum wage to $10.10.

The resolution debated on May 7 includes a quote from Obama’s speech: “We believe our economy grows best not from the top down, but from the middle out, and from the bottom up paychecks and wages that allow you to support a family…Nobody who works full-time should be raising their family in poverty.” [.pdf of resolution]

The two resolved clauses state:

NOW THEREFORE BE IT RESOLVED that the Washtenaw County Board of Commissioners hereby voices support for the efforts of President Obama to increase the Federal Minimum Wage to $10.10 per hour.

BE IT FURTHER RESOLVED that the Washtenaw County Board of Commissioners supports the current efforts of legislators and citizen groups to increase Michigan’s minimum wage to $10.10 per hour.

There was no discussion on this item prior to the vote.

Outcome: The resolution passed, over dissent from Alicia Ping (R-District 3). Not voting yes was also Dan Smith (R-District 2), who stated “Present” for his vote. In the past, Smith has objected to the board weighing in on state-level issues. Rolland Sizemore Jr. (D-District 5) was not in the room when the vote was taken.

Resolutions of Appreciation

The May 7 meeting included three resolutions that showed appreciation in various ways:

• Declaring the week of May 11-17, 2014 as Police and Correction Officers Week, and designating May 15, 2014 as Peace Officers Memorial Day to honor all police and corrections officers who’ve lost their lives in the line of duty;
• Recognizing work of the county’s office of community & economic development as part of the 50th anniversary of the federal Economic Opportunity Act of 1964, when community action agencies were created, and declaring May 2014 as Community Action Month;
• Honoring Tyler Lukomski, a Chelsea resident, for achieving the rank of Eagle Scout.

Jason Morgan, director of government relations for Washtenaw Community College and a member of the county’s Community Action Board, accepted the resolution declaring May as Community Action Month. He thanked commissioners for including human services in their list of budget priorities, and for committing $1.15 million to coordinated funding.

Communications & Commentary

During the May 7 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: Environmental Issues

Yousef Rabhi (D-District 8) reported that he’d been in Lansing talking with Michigan Dept. of Environmental Quality staff about the Pall-Gelman 1,4 dioxane plume. He said it seems like there’s progress on that issue, although the timeline is much longer than he hoped. He said he’d continue to press on that.

Rabhi also said he’d met with residents from the west side of the county about the threat of oil extraction. A drilling permit has been applied for in Scio Township, and residents are afraid that the state will grant the permit. Residents might be coming to the county board to ask for support in delaying the permitting process, so that there could be more community input. He hoped to bring forward a resolution at the May 21 meeting.

Update: A resolution is now on the May 21 agenda. The two resolved clauses state:

BE IT THEREFORE RESOLVED, that Washtenaw County, Michigan:

1. Opposes said oil exploration and drilling, and any future oil exploration and drilling in this area and other areas within the boundaries of Washtenaw County; and

2. Respectfully requests that the Michigan Supervisor of Wells, as part of the Michigan Department of Environmental Quality, deny the permit application to drill the Wing 1-15 well as proposed; and

3. Hereby requests that the State of Michigan and federal legislators move to enact legislation and improve regulations to reduce the risks to public health, safety, welfare and the environment posed by the oil and gas industry, and re-commit to promoting and protecting quality of life, our economic well-being, and our environment through less reliance on non-renewable energy resources.

BE IT FURTHER RESOLVED, a copy of this resolution shall be transmitted as the County’s official comment on said oil drilling permit and application by the Clerk, to each elected official representing Washtenaw County in Lansing, the Office of the Governor, and the Michigan Department of Environmental Quality.

At its May 19, 2014 meeting, the Ann Arbor city council approved a similar resolution opposing oil exploration in Scio Township.

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

Next regular board meeting: Wednesday, May 21, 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 drilling would not take place inside the city limits, as the city is empowered by the state to prohibit drilling, which it does through the city code. However, the location in Scio Township is within two miles from the city limits and less than a mile from the Huron River, which is the source of the majority of the city’s drinking water. And the state zoning enabling act – as revised in 2006 – deprives townships and counties of the ability to regulate drilling.

Opposition to the drilling is grounded in concerns about the impact on the drinking water supply of the city, especially in the context of a 1,4 dioxane plume in the area of the proposed drilling activity.

In addition to expressing opposition to the proposed drilling in the shorter term and in the future, the text of the resolution requests that the Michigan Dept. of Environmental Quality require an environmental impact assessment, including impacts to surrounding natural resources and public health, before making a decision.

Further, the resolution calls on state legislators to revise the state’s zoning enabling act to provide townships and counties with the power to regulate drilling activity.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron.

However, the location in Scio Township is within two miles from the city limits and less than a mile from the Huron River, which is the source of the majority of the city’s drinking water. And the state zoning enabling act – as revised in 2006 – deprives townships and counties of the ability to regulate drilling.

Opposition to the drilling is grounded in concerns about the impact on the drinking water supply of the city, especially in the context of a 1,4 dioxane plume in the area of the proposed drilling activity.

In addition to expressing opposition to the proposed drilling in the shorter term and in the future, the text of the resolution requests that the Michigan Dept. of Environmental Quality require an environmental impact assessment, including impacts to surrounding natural resources and public health, before making a decision.

Further, the resolution calls on state legislators to revise the state’s zoning enabling act to provide townships and counties with the power to regulate drilling activity.

The council resolution is sponsored by Chuck Warpehoski (Ward 5).

The tax would  be levied under Act 283 of 1909. The vote to set the public hearing was 5-3, over dissent from Ronnie Peterson (D-District 6), Felicia Brabec (D-District 4) and Yousef Rabhi (D-District 8). Rolland Sizemore Jr. (D-District 5) was out of the room when the vote was taken.

No final decision about whether to levy the millage is expected at the May 21 meeting, although an initial vote might be taken then.

Commissioners all appeared to support finding a way to secure more road funding, but some voiced concern about process and timing – especially since a levy under Act 283 would be done without voter approval.

Act 283 requires the road commission to submit a plan of recommended road repairs and the cost to undertake the projects. The law allows the county board to levy a millage to cover those costs, without voter approval. [.pdf of relevant section from Act 283, including summary by Lew Kidder of Scio Township.] Because the law is more than a century old and pre-dates the state’s Headlee amendment, there’s some uncertainty about the ability of county governments to use it.

Commissioners have previously held several discussions about the possibility of additional funding sources for road repair, most recently at a lengthy working session on April 17, 2014. In addition to a possible Act 283 levy, another option that’s been discussed is to put a countywide road millage on the Nov. 5, 2014 ballot for voter approval. A draft resolution circulated at the working session called for a four-year, 0.5 mill tax – from 2014-2017 – that would raise $7.15 million in its first year.

The May 7 discussion began when Dan Smith (R-District 2) brought forward a resolution that would authorize levying a 1 mill tax – under Act 283 – in December 2014. It would generate $14.34 million “to repair 2013–14 winter damage to the roads, streets and paths in Washtenaw County.” [.pdf of draft resolution] The board ultimately voted to postpone the resolution until May 21 over dissent from Alicia Ping.

Smith’s resolution would earmark 50% of the gross revenues to be used in the municipality in which the revenue was generated. Beyond that, 10% would be used for non-motorized transportation needs – like bike lanes and pedestrian paths – with the remainder to be allocated “based on use, need, and impact to the traveling public.”

The resolution also addresses concerns about the potential legal issues related to Act 283. From the draft resolution:

FURTHERMORE, BE IT RESOLVED that Washtenaw County Corporation Counsel is directed to provide an exhaustive formal written opinion, by September 30, 2014, which clearly and convincingly details the exact mechanism under which Act 283 of 1909 taxes may be levied in excess of Article IX, Section 6 constitutional limits without a vote of the people; and that the Washtenaw County Board of Commissioners waives any attorney/client privilege concerning this opinion.

FURTHERMORE, BE IT RESOLVED that the Washtenaw County Board of Commissioners asks the county’s legislative delegation, State Senators Randy Richardville and Rebekah Warren and State Representatives Gretchen Driskell, Jeff Irwin, David Rutledge and Adam Zemke, to request an Attorney General opinion regarding the ability for counties to levy a tax under Act 283 of 1909 in excess of Article IX, Section 6 constitutional limits without a vote of the people.

During the wide-ranging discussion on May 7, Peterson expressed concern that the public hadn’t yet been informed about the Act 283 proposal. At the request of board chair Yousef Rabhi, Roy Townsend – managing director of the county road commission – had prepared a list of road projects that could be funded by an Act 283 millage, which was distributed at the May 7 meeting. Townsend and two of the three road commissioners – Barb Fuller and Bill McFarlane – attended the May 7 meeting, and Townsend fielded questions from the board. [.xls spreadsheet of proposed road projects based on 0.4 mill tax] [.xls spreadsheet of possible amounts raised by jurisdiction] [.pdf map showing location of proposed projects]

Corporation counsel Curtis Hedger cautioned that Act 283 lays out a specific process, which calls for a presentation of proposed road projects at a meeting in late September or October, prior to the December levy. Responding to those concerns, Dan Smith noted that options might include passing a resolution this month or in June to indicate the board’s intent to levy the tax, then possibly using money from the general fund’s fund balance to pay for road work this summer. The fund balance would be reimbursed when the tax revenues are collected in December.

The board discussion on this issue will continue at the May 21 meeting. Before then, a May 8 working session agenda includes the topic of possible expansion of the road commission board.

In other road-related items on the May 7 agenda, the board voted to accept the recommendations of a subcommittee that was appointed last year to explore options enabled by state legislators. The subcommittee had recommended not to make the road commission part of county operations, and not to make the job of road commissioner an elected position. The vote to accept the recommendations was 7-1, over dissent from Conan Smith (D-District 9). Rolland Sizemore Jr. (D-District 5) was not in the room when the vote was taken.

State legislation enacted in 2012 allowed for: (1) a county board of commissioners to exercise the powers and duties of a road commission; and (2) the functions of a road commission to be transferred to the county board. A sunset clause means that the laws expire on Jan. 1, 2015. That deadline prompted the county board to examine these options.

Related to that issue, Dan Smith drafted a letter to be sent to the state House Transportation & Infrastructure Committee, urging passage of House Bills 5117 and 5118, which would remove the sunset clause from the legislation. [.pdf of letter]

From the letter:

Washtenaw County’s roads are a critical public asset; stewarding this infrastructure is the responsibility of an independent entity, with negligible input or funding from the elected Board of Commissioners. Eliminating the sunset would provide the board with more options for managing roads, including the possibility of additional locally-generated revenue. We urge passage of HB 5117 and HB 5118.

Yousef Rabhi and Alicia Ping asked that their names not be included as signatories. After consulting with Hedger during the meeting, Rabhi told commissioners that if anyone else wanted their names removed from the letter, they should let Smith know. It was not a voting item.

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]

At the board’s April 2, 2014 meeting, board chair Yousef Rabhi (D-District 8) had indicated his intent to bring forward this resolution. Earlier in the day, President Barack Obama had given a speech at the University of Michigan that focused on the need to raise the federal minimum wage to $10.10. The resolution debated on May 7 includes a quote from Obama’s speech: “We believe our economy grows best not from the top down, but from the middle out, and from the bottom up paychecks and wages that allow you to support a family…Nobody who works full-time should be raising their family in poverty.” [.pdf of resolution]

The two resolved clauses state:

NOW THEREFORE BE IT RESOLVED that the Washtenaw County Board of Commissioners hereby voices support for the efforts of President Obama to increase the Federal Minimum Wage to $10.10 per hour.

BE IT FURTHER RESOLVED that the Washtenaw County Board of Commissioners supports the current efforts of legislators and citizen groups to increase Michigan’s minimum wage to $10.10 per hour.

There was no discussion on this item prior to the vote.

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]

Several Washtenaw County road commission employees attended the county board’s April 17 working session, as did some township officials. In the foreground is Manchester Township supervisor Gene DeRossett. (Photos by the writer.)

More likely, though not yet determined, are efforts to find additional funding sources for road maintenance – including a possible countywide road millage on the Nov. 5, 2014 ballot.

Keeping the road commission unchanged had been the recommendation of a board subcommittee that met for several months to discuss available options, including the possibility of dissolving the road commission and making it part of county operations, rather than operate as an independent entity. Most county commissioners oppose that approach. The board’s May 7 agenda includes a resolution accepting the subcommittee recommendations, which also rejects making the job of road commissioner an elected position. The three road commissioners are currently appointed by the county board.

State legislation enacted in 2012 allowed for: (1) a county board of commissioners to exercise the powers and duties of a road commission; and (2) the functions of a road commission to be transferred to the county board. A sunset clause means that the laws expire on Jan. 1, 2015. That deadline prompted the county board to examine these options.

The board’s May 7 agenda includes a letter to the state House Transportation & Infrastructure Committee, urging passage of HB 5117 and 5118 – bills that would eliminate the current sunset clause and extend the options for changing the road commission functions.

Much of the focus of the April 17 working session was on funding options and long-term strategy for maintaining the county’s road network. Several township representatives who attended the session voiced support for special assessment districts, known as SADs, which are being used in Scio Township to pay for road maintenance.

But Conan Smith, an Ann Arbor Democrat who’s been vocal in urging the county board to take responsibility for the road commission, argued that SADs shouldn’t be a long-term approach. The road network is an asset to the entire county’s economy, he said, and the burden of maintaining it shouldn’t rest on the smaller communities.

Smith also noted that the economy is changing. Telecommuting, for example, might change the way people use the roads, he said. Later in the meeting, road commissioner Barb Fuller noted that other infrastructure needs are important to achieve the vision that Smith had described. “I would suggest that you folks look at making broadband ubiquitous across the county,” she said. For those commissioners who take access to broadband as a given, she said, “trust me – there are parts of the county where they can’t get a signal at all.”

Yousef Rabhi, another Ann Arbor commissioner, also spoke of the need for a broader vision. Roads should serve not just drivers, but also bicyclists and pedestrians. Potholes are a serious safety issue for cyclists, he noted. “We have to keep in mind that not every taxpayer drives a car.”

Regarding funding for roads, Rabhi wanted the discussion to be about the structure of a millage – not whether there should be a new road tax. “I think it’s pretty obvious that we need more money,” he said.

The May 7 agenda includes a discussion item on options for road funding. A draft resolution was circulated at the April 17 working session to put a countywide road millage on the Nov. 5, 2014 ballot. The draft resolution calls for a four-year, 0.5 mill tax – from 2014-2017 – that would raise $7.15 million in its first year. It would earmark 50% of the gross revenues to be used in the municipality in which the revenue was generated. Beyond that, 10% would be used for non-motorized transportation needs – like bike lanes and pedestrian paths – with the remainder to be allocated “based on use, need, and impact to the traveling public.”

Another possibility is for the county board to levy a millage under Act 283. The law allows the county board to levy a millage to cover those costs, without voter approval. A draft resolution that’s been circulated among commissioners calls for levying a 1 mill tax in December 2014, which would generate $14.34 million “to repair 2013–14 winter damage to the roads, streets and paths in Washtenaw County.”

On April 17, commissioners also discussed the possibility of expanding the road commission board from three to five members. That discussion will be continued at a May 8 working session agenda.

For additional background on this process, see Chronicle coverage: “No Major Change Likely for Road Commission” and “Group Explores Road Commission’s Future.“

Public Commentary

Six people spoke during public commentary at the start of the April 17 working session.

Gene DeRossett, Manchester Township supervisor, began by describing attributes of his community. “I think Manchester is the best-kept secret in Washtenaw County,” he said, citing its stock of affordable housing, low tax rate, school system, volunteer fire department and other features. It’s the only school system in the county that provides iPads to all students from kindergarten through 12th grade. He noted that the rural township and village of Manchester don’t have the need for public transportation or a rail system.

Regarding the road commission, DeRossett said he’s worked with the road commission for 40 years in various capacities, including as a former state legislator chairing the transportation committee. The commission has always been solution-oriented, with good public policy, he said. It’s always good to look at how to improve services, especially for all citizens of Washtenaw County. But he couldn’t wrap his arms around why the county board should take more direct oversight of the road commission. He’s talked to a lot of people about it, but not one person has told him it’s a good idea. The road commission is not broken, he said. Road construction and engineering are very complicated, DeRossett said. “I would encourage you to leave the Washtenaw County road commission as it is.” If the county board does decide to expand the road commission board from three to five commissioners, DeRossett suggested that four of them should be based on geographic representation, with the fifth one an at-large commissioner.

There’s a work yard in Manchester Township for the road commission, DeRossett said, and he knows the employees who work there personally. It’s a good working relationship, and he’d hate to lose that. It would be a disservice to the people of Washtenaw County.

Ted Green described himself as a resident of Ann Arbor for about 35 years. He’d done fundraising to help repave Huron River Drive. In 2010 he raised about $45,000. The road commission agreed to double-match that amount so that an additional mile of the road could be repaved, and the county parks & recreation commission kicked in $50,000 to add bike lanes to several sections. After that work was done, there was still a section that needed repaving, Green said. So last year he started fundraising for that and has raised $41,000 so far. He’s also talking to the road commission, which he hopes will again provide a double-match. If this last segment is repaved, then Huron River Drive would have new pavement from Ann Arbor to Dexter, he said.

Green hoped that the county could provide more funding for the road commission. Everyone knows that the state isn’t putting enough money into the roads, he said, “and we don’t really see this improving drastically in the near future.” Because of this, he plans to work toward putting a countywide road millage on the ballot, probably in 2015. He hoped that some members of the county board would support that. He had nothing but praise for the road commission, having worked with them for several years.

Sharon Township supervisor Peter Psarouthakis told the board that the township wants to keep the road commission unchanged. Most of the roads are rural and dirt, which presents some unique issues, he said. He might not agree on everything that the road commission does, but they’re able to work together. His concern is that if the road commission is absorbed into the county, then Sharon Township “might be lost in the crowd.” Psarouthakis said he grew up in Ann Arbor and went to schools in Ann Arbor, and he’s familiar with the city – that’s why he’s concerned. He encouraged county commissioners to visit the township.

Lew Kidder of Scio Township explained how the township’s special assessment districts raise money for road repair.

Lew Kidder of Scio Township introduced himself as an original member of the township’s local roads advisory committee, and its current chair. They’ve been grappling with the issue of deteriorating roads over the last seven years. Everyone agrees that the problem is bad roads, he said, and everyone knows that it takes money to fix the roads. When you strip everything way, the money will come from taxpayers. So the only question is “how does it get from our pockets into the kitty that’s going to fix the bad roads,” Kidder said.

There are five options, Kidder continued. On one end is the U.S. government. Local taxpayers send all funds to the federal government, which then allocates it back for local roads. That’s not the most fiscally responsible approach, he said. The other option is state funding, which is the current approach – with money coming from the gas tax and vehicle registration fees. That’s not working out great, and it doesn’t look like it will improve, Kidder said. And locally, the county doesn’t always get back the amount it puts in, he noted.

So for the vast number of local roads, there needs to be local funding, Kidder said. For that, there are three possibilities: (1) the county; (2) municipalities like townships, villages, and cities; and (3) special assessment districts.

Scio Township is using special assessment districts (SADs) for neighborhood roads, Kidder explained. That’s facilitated by the township in two ways, he noted: an upfront cash grant to get the project started, and a promise that the township will do the road maintenance after the roads are upgraded. In addition, Scio Township has identified certain roads that serve as connectors, and there’s a township-wide special assessment to service those roads. Beyond that, however, there’s a set of roads that the townships can’t effectively deal with, Kidder said, characterizing them as “countywide connectors.” Those include North Territorial, Pleasant Lake, Ann Arbor-Saline, and Pontiac Trail. “In our view, that’s where the county should play a role,” he said.

Kidder urged the board to do three things. One is to be disciplined in their thinking about this issue. Secondly, he hoped they would think comprehensively, and find a system-wide solution. Third, he urged them to not let perfect be the enemy of the good. “Let’s figure out how to start moving toward that goal,” he said.

York Township supervisor John Stanowski noted that he had served on the county board’s road commission subcommittee, and he supported that committee’s recommendation not to dissolve the road commission. He praised the road commission employees, saying they are responsive and helpful. He was afraid that a consolidation would result in chaos and confusion. “What we have works well and efficiently,” he said. “It may not be the best system in the world, but it’s the most effective means for local townships to communicate with the road commissioners and get things done.”

John Posegay, a road commission employee, told commissioners that he’d spoken to the subcommittee and had said that the county board was mostly interested in control. He said that one of the county commissioners, Conan Smith, had denied that the reason for absorbing the road commission was about control. But Posegay contended that most of Smith’s comments during those subcommittee meetings actually “substantiated everything I talked about.” The road commission functions well, Posegay said, and if the county takes it over, it won’t function as well. He also objected to expanding the road commission board to five people, which he didn’t think was a good idea. It’s worked well with three road commissioners for years, he said, and they have never violated the Open Meetings Act to his knowledge. With more road commissioners, “the process slows down a lot,” Posegay said.

Presentation and Background

Andrew DeLeeuw, a graduate student at the University of Michigan Ford School of Public Policy and an intern in the Washtenaw County administration office, gave a briefing about the board’s road commission subcommittee’s work. [.pdf of DeLeeuw's report]

Sharon Township supervisor Peter Psarouthakis, left, talks with Andrew DeLeeuw and county commissioner Alicia Ping (R-District 3), who chaired the county board’s road commission subcommittee. DeLeeuw is an intern with the county administration and a graduate student at the University of Michigan Ford School of Public Policy.

The creation of the subcommittee – at the board’s Oct. 2, 2013 meeting – was prompted by state legislation enacted in 2012 that allowed forj: (1) a county board of commissioners to exercise the powers and duties of a road commission; and (2) the functions of a road commission to be transferred to the county board. A sunset clause means that the laws expire on Jan. 1, 2015, so the Washtenaw County board of commissioners decided to examine these options.

DeLeeuw noted that the Oct. 2 resolution included a $10,000 budget to support the subcommittee’s work, and set a deadline of March 31, 2014 to deliver recommendations to the board.

Members included four county commissioners: Alicia Ping of Saline (R-District 3), Conan Smith of Ann Arbor (D-District 9), Dan Smith of Northfield Township (R-District 2) and Rolland Sizemore Jr. of Ypsilanti Township (D-District 5). Also appointed were three township supervisors: Mandy Grewal of Pittsfield Township, Ken Schwartz of Superior Township and Pat Kelly of Dexter Township. Grewal subsequently withdrew and was replaced by York Township supervisor John Stanowski. Ping served as the subcommittee’s chair.

To date, five counties in Michigan have decided to absorb their road commissions, DeLeeuw said. Those counties are Calhoun, Ingham, Jackson, Macomb and Wayne. At least two counties – Isabella and Ottawa – have debated the issue and decided not to absorb their road commissions.

DeLeeuw’s report notes that the subcommittee received letter from five townships supervisors – in the townships of Ann Arbor, Manchester, Scio, Sharon, Saline – that all supported keeping the current road commission structure. Yousef Rabhi (D-District 8) reported that he recently received a statement from Bridgewater Township supervisor Ron Smith, who said the township board had passed a resolution in support of dissolving the road commission.

In Washtenaw County, there are three road commissioners serving six-year terms: Doug Fuller, Barb Fuller, and Bill McFarlane. Barb Fuller and Bill McFarlane attended the April 17 working session.

The subcommittee met four times, with its last meeting on March 1, 2014. At that meeting, the subcommittee voted to make two recommendations: (1) that the powers and duties of the road commission not be transferred to the county board; and (2) that the county board not consider making the job of road commissioner an elected position. The first recommendation was a 5-1 vote, over dissent from county commissioner Conan Smith of Ann Arbor (D-District 9), who argued that consolidating the road commission into the county would allow for more flexibility and accountability in oversight.

Bill McFarlane, foreground, is a former Superior Township supervisor who now serves as a county road commissioner. In the background is Ken Schwartz, a former road commissioner who was appointed by the Superior Township board of trustees to replace McFarlane as supervisor last year.

After DeLeeuw’s presentation, Bill McFarlane, the newest road commissioner, addressed the board. He’d been appointed at the board’s March 19, 2014 meeting to fill the seat left vacant by the recent death of long-time road commissioner Fred Veigel. McFarlane had previously served as Superior Township’s supervisor for 21 years before retiring in the fall of 2013.

McFarlane said that in his years as supervisor, as well as in his previous job with the sheriff’s department, he’s had a lot of contact with the road commission. It’s always been positive, he said. The current composition of the road commission board is unique, he said. It’s the first time he can recall that the three commissioners are representing the east, central and west parts of the county. His working relationships with the other two road commissioners are very good, he said, and the same is true for road commission employees.

McFarlane said he didn’t know Ron Smith, the supervisor of Bridgewater Township who wants to dissolve the road commission. Smith was probably new, McFarlane added, “because they tend to go through supervisors frequently in that community, for whatever reason.” But for other township supervisors, McFarlane said, they’ve always wanted the road commission to keep its current composition and oversight. He said he doesn’t know of one person, other than Smith, who wants it to change.

Regarding road funding, McFarlane said that the bond issue that Ypsilanti Township has made to pay for roads is working well. Some townships have passed millages for that purpose, he said. Scio Township’s approach of using special assessment districts is being embraced by many other townships, he noted. It seems like a reasonable option to him. McFarlane argued that millages can be unfair to farmers, because their properties are so large, even though they don’t use the roads more than homeowners on small lots. So special assessments seem like the way to go, McFarlane said.

Addressing the possible expansion of the road commission board, McFarlane didn’t see it as a negative or positive, but noted that it’s the county board’s prerogative to do that. He thanked the county commissioners for appointing him.

Board Discussion

The wide-ranging discussion, lasting about two hours, covered four main topics: (1) recommendations of the board’s road commission subcommittee; (2) input on pending state legislation; (3) expanding the road commission board; and (4) options for road funding.

There was considerable overlap, but this report organizes the discussions based on those four issues.

Board Discussion: Subcommittee Recommendations

Felicia Brabec (D-District 4) asked about the subcommittee’s discussion regarding possible expansion of the road commission board from three to five members. Alicia Ping (R-District 3), who chaired the subcommittee, said they hadn’t made a recommendation on that. The consensus was that it was an appropriate discussion for the county board to have, she said, and it wasn’t really part of the subcommittee’s charge.

County commissioners Yousef Rabhi and Alicia Ping at the April 17 working session.

Dan Smith (R-District 2) elaborated. He also served on the subcommittee, and said the members felt it was more of a political decision that should be made by the elected county board of commissioners. It wasn’t really an operational decision, he said, nor was there a sense that an expansion would result in operational gains.

Brabec also asked for more information about those counties that have made a decision about absorbing the road commission – or not. She wanted to know the rationale for those decisions. Andrew DeLeeuw indicated that the information was available. [.pdf of report with analysis from the counties of Calhoun, Ingham, Jackson and Ottawa.]

Ping replied that some counties consolidated for cost-saving reasons, while other counties were politically motivated. Brabec clarified with Ping that for Washtenaw County, there would be no savings gained by consolidating. [Greg Dill, the county’s infrastructure management director, had done an analysis on overlapping facilities and assets. (.pdf of Dill's report) Diane Heidt, the county’s human resources and labor relations director, had prepared an analysis of any duplications in employee positions at the road commission and the county. (.pdf of Heidt's report)]

Dan Smith elaborated, saying that Ingham and Monroe county officials were drivers of the initial state legislation, so certainly in some communities the decision to consolidate was political. As for himself, Smith said it wasn’t about political reasons or control. Rather, he thought it proper to have a discussion about the possibility of consolidation, given the legislative window, and to decide whether it made sense for Washtenaw County. He noted that as a subcommittee member, he had voted to leave things as they are. To him, these kinds of discussions are “insider baseball,” Smith added. The primary concern for residents is fixing the roads. “To me, that’s really what this is all about.”

Dan Smith said he wasn’t convinced that the county will get any help from Lansing to fix the roads, in terms of funding. “If we really want to take care of the transportation infrastructure in Washtenaw County, we need to take that on and figure out what’s the right thing to do.”

Brabec also wanted to know what the rationale was for recommending not to have the road commissioners as elected positions. Conan Smith (D-District 9) replied. The sense was that elections would be dominated by urban voters who are heavily Democratic, but who would be electing commissioners to oversee road projects in rural communities. So there would likely be a disconnect between the people who govern and those who are responsible for the roads, he said.

Ronnie Peterson (D-District 6) said he was seeing no interest in taking over the road commission or making the road commissioners elected positions. That’s what people are interested in hearing, he said. He hoped to have closure on some of these issues. Although they couldn’t vote at a working session, he noted, they could still arrive at some consensus about these things, “so the public can rest.”

County commissioner Kent Martinez-Kratz, left, talks with Dexter Township supervisor James Drolett before the April 17 working session.

Kent Martinez-Kratz (D-District 1) said he agreed with most of the sentiments he’d heard. His district represents five townships on the west side of Washtenaw County, and most officials from those townships want to maintain the road commission as it is. They have good relationships with the road commission employees, he said.

Yousef Rabhi (D-District 8) praised the current road commissioners, saying he had good working relationships with them. He said he’s talked to a lot of township supervisors, and the general consensus is that everyone likes the road commission as it is.

Rabhi then talked about reframing the issue. The county isn’t in the business of roads, he said. Instead, they should think of it as the business of transportation – getting people from one place to another as efficiently as possible. In the current society, that takes the form of roads, Rabhi said, because most people drive cars. But in the future, that might change. It might be something in the future that’s sustainable – from a financial perspective and an environmental resources perspective.

Rolland Sizemore Jr. (D-District 5), who serves as the county board’s liaison to the road commission, also praised the current road commissioners. He said he was “kind of in the mood for a five-member board,” but basically he liked the current board. His only complaint was with the road commission’s PR, but he knew they were working on that.

Conan Smith said he’s been a big proponent of “what people are calling taking over the road commission.” He wanted to shy away from those words, saying it would be simply a matter of changing the legal status of the road commission. It doesn’t necessarily mean changes to governance or staffing, he said. He’s particularly interested in the change of “ownership” of the road commission, because it might allow the county to do things in the future and create flexibility in a community that’s “actually ahead of the curve on a lot of big problems.” This county thinks critically about problems and designs ways to solve them, he said.

In Michigan, the approach to roads has been a one-size-fits-all solution, C. Smith said, and it might not be the best solution. Other counties that are charter counties – like Wayne and Oakland – have a different structure and can incorporate the road commissions into the county government, he said, and put more money toward roads.

The opportunity that’s in front of Washtenaw County commissioners, C. Smith said, is to design a system of governance that will work optimally to manage the road network. Smith noted that he lives in Ann Arbor, which has a 2 mill street tax and also gets Act 51 funds from the state. If the city wanted to, it would be able to raise even more money for roads, he said. As a larger community, Ann Arbor has more options. That’s not the case for more rural communities, he said.

The county has an interest in maintaining the rural character of its communities, but the current mechanisms for road funding put more burden on those sparsely populated areas, C. Smith said. If it’s important to stop suburban sprawl, then commissioners need to think about what that means in terms of resources for these smaller communities.

The issue of the road commission isn’t a people problem or even a structural problem – aside from perhaps the size of the road commission board, C. Smith continued. With only three members, the possibility of violating Michigan’s Open Meetings Act is inevitable, he said. Though it’s usually accidental, he added, “in a handful of cases, it was intentional.” Smith reported that when Ken Schwartz was road commissioner, Schwartz stood out in the rain waiting to meet with Smith because there’d been another road commissioner talking to Smith about roads. “You should be able to have a casual conversation with one of your colleagues on that board without running afoul of the law,” Smith said.

But adding two more road commissioners is a minor structural change, Smith said. What’s a problem is the current process and system for maintaining the county’s road network. “It’s not putting enough money in the right places at the right time – plain and simple,” he said.

County commissioner Conan Smith of Ann Arbor (D-District 9) at a Jan. 22, 2014 meeting of the county board’s road commission subcommittee. In the background is Roy Townsend, managing director of the road commission.

The county board could vote to put a countywide road tax on the ballot now, C. Smith said. It’s been tried in the past and failed, he added, because there are serious, relevant politics about those decisions, given the current system. For example, Ann Arbor already taxes itself for roads, he said. “Should we tax ourselves more to take care of someone else’s roads? That makes it a very tough vote.” Under the current system, his constituents don’t feel they have a voice in guiding the expenditures of road commission funding. Unless these challenges can be resolved, the county’s road system will continue to deteriorate, he said.

The opportunity to make some of these changes expires at the end of 2014, C. Smith noted. Even if everything else remains the same – the same employees, the same size road commission board – just making the legal change to have the road commission as part of county government would open the door to future problem-solving, he said. That’s the most important step to take in 2014, he added.

Brabec asked what Smith meant by “opening the door” – what changes might result from that?

Right now, C. Smith replied, if the board takes no action, then after 2014 they’ll be locked in to the current system. One way to avoid that is to change the legal ownership of the road commission this year, he said. It’s not a “takeover,” he added, because nothing else would need to change. But it would allow a future county board to make changes, if necessary.

The county doesn’t have enough money to maintain the road infrastructure that currently exists, C. Smith noted. State funding hasn’t kept pace with the rate of inflation, so costs of labor and materials have increased more than available funding. “More money in the system could help a lot,” Smith said. But getting more money in the system would draw out all the other political challenges, he said.

In the past, whenever the board discussed expanding the road commission or putting more money into it, he said, there were questions about the geographic distribution of road commission board members. Right now, there’s probably the best geographic distribution of road commissioners in the past 50 years, he noted. But if all road commissioners are from the east side of the county, for example, then people on the county’s west side might not feel confident that their tax dollars are being spent equitably.

C. Smith also echoed Rabhi’s point that there needs to be a longer-term vision. Just throwing more money at existing roads won’t meet the needs of the county’s future economy. “If anything, your road network is an economic development asset to the county,” Smith said. And the economy is changing.

C. Smith reported that a University of Michigan urban planning professor, Jonathan Levine, makes the case that while wider roads are seen as an efficient way for getting people quickly from Point A to Point B, the most efficient way is to eliminate the need for that trip altogether. “So I see an increase in telecommuting,” Smith said. The dynamic of how the economy functions and how transportation fits into the economy is transforming, he argued, so the community ought to be thinking more deeply about this issue – not simply thinking about how to fix the roads.

Peterson supported exploring these longer-term issues with the road commission. He thought that all county departments should get better at master planning and communicating with each other.

County commissioner Andy LaBarre, left, talks with road commissioner Bill McFarlane.

C. Smith replied that it’s possible for the road commission and county board to collaborate on these broader issues, but “I will candidly say that has not always been the case.” The current road commissioners are different than in the past, he said. But the road commissioners, once appointed, are independent and have six-year terms, he noted – three times as long as the two-year terms for county commissioners. So the people who are elected – the county commissioners – lose influence, Smith said. “So is it possible [to collaborate]? Yes. Has our experience proven that it happens? It’s mixed reviews.”

Sizemore said that more collaboration is happening now than in the past. He wasn’t looking for the county board to take control over the road commission.

Peterson suggested working toward annual joint meetings, strategy sessions and goal-setting between the county board and road commission board.

Ping noted that she represents 10 municipalities. She heard from all but two of those communities. Of the eight communities she heard from, only one was in favor of making changes to the road commission. District 3 is the largest geographic district in the county, she said, and a lot of roads are covered by the road commission. Based on feedback she’s received, “my vote would be to not make any changes,” Ping said.

Andy LaBarre (D-District 7) said he didn’t support taking the action to bring the road commission into the county government. Other things need to be in place in order for that to work at this time. He thought that C. Smith’s broader point was critical, that “this system is so broken that it questions the intelligence of anyone who chooses to continue using it. With that said, we’re probably going to continue using it,” LaBarre quipped.

Dan Smith noted that the road commission is set up as a separate entity now. Their structure pre-dates the county board of commissioners, because the road commission was established when there was a board of supervisors. As the name implies, it was composed of all the township supervisors, who are elected to four-year terms. These are some of the historical, structural issues that affect things today.

That said, D. Smith continued, the current road commission board is very different than it was even 15 months ago. He said the three road commissioners are terrific. [Barb Fuller was appointed to the road commission on Oct. 16, 2013 to fill a seat vacated by Ken Schwartz when he took over as supervisor for Superior Township on Oct. 1. The position is for the remainder of a six-year term, through Dec. 31, 2016. This year, former Superior Township supervisor Bill McFarlane was appointed at the county board's March 19, 2014 meeting to fill the seat left vacant by the death of long-time road commissioner Fred Veigel. That term ends Dec. 31, 2014. The third commissioner, Doug Fuller, is serving a term that ends on Dec. 31, 2018. Barb and Doug Fuller are not related.]

LaBarre said it appeared that the board had reached consensus not to take action to absorb the road commission.

Peterson noted that it also seemed there was consensus to accept the recommendation not to make the position of road commission an elected official.

Board Discussion: State Legislation

Regarding the expiration of current legislation that would allow for structural change, Dan Smith told commissioners that he’d drafted a letter to the state House Transportation & Infrastructure Committee, for consideration at the board’s May 7 meeting. [.pdf of letter] The letter supports passage of House Bills 5117 and 5118, which would remove the sunset clause from the legislation.

From the letter:

Washtenaw County’s roads are a critical public asset; stewarding this infrastructure is the responsibility of an independent entity, with negligible input or funding from the elected Board of Commissioners. Eliminating the sunset would provide the board with more options for managing roads, including the possibility of additional locally-generated revenue. We urge passage of HB 5117 and HB 5118.

The letter that’s included in the May 7 agenda is signed by eight of the nine commissioners. Yousef Rabhi (D-District 8) is not listed as one of the signatories.

Board Discussion: Expanding the Road Commission Board

Andy LaBarre wanted to discuss the possibility of expanding the road commission board from three members to five. Even if the road commission isn’t absorbed into the county operations, the county board still has the ability to expand the membership. LaBarre thought that would be a way to avoid the Open Meetings Act issues, and would provide additional voices for constituents in the county. He noted that in the Ann Arbor district that he represents, there are still township “islands” in the city.

County commissioner Dan Smith, right, talks with Lew Kidder of Scio Township.

He emphasized that the three current road commissioners do a great job.

Felicia Brabec said she’s excited about the diversity of the current road commission, in terms of gender and geography. [Bill McFarlane lives in Superior Township, on the east side of the county. Doug Fuller lives in Dexter, while Barb Fuller lives Sharon Township near Manchester, on the county's southwest side.]

Brabec said she supports increasing the number of road commissioners to five. She requested information about other counties that have expanded their road commission boards in this way. She wanted to know whether it was functioning well in other communities.

Roy Townsend, the road commission’s managing director, reported that 36 counties in Michigan have five road commissioners. Another 42 have three-member road commissions – including Washtenaw County. The remaining five road commissions “aren’t road commissions anymore,” he noted, because they’ve been absorbed into the county government operations. The largest road commission – in Oakland County – still has a three-member board.

Ronnie Peterson wanted to move the discussion of this topic to another night – possibly another working session. There’s interest in expanding, he said, but it would require a longer discussion.

Dan Smith agreed with Peterson, saying that another working session would likely be needed. He noted that expanding to five is the only option in terms of the number of road commissioners allowed. It’s also not possible to constrain those five positions into districts or having at-large members. All of those ideas are great, but unenforceable, he said. It would be possible for the county commissioners to appoint all five road commissioners from the city of Ann Arbor “if that’s what a future board chose to do – and there’s nothing anybody can do about it,” he said.

Yousef Rabhi responded, saying that Smith’s point about enforcement is true. However, he said, the current board can set a policy for itself, and that’s worth discussing. Also worth discussing is how the board handles the appointment process, Rabhi said. “I like the idea of operating with policy,” he said. “And even though it can’t necessarily bind future boards to do something, at least we’ve tried to be deliberate in the actions that we take.”

Generally, Rabhi said, he likes the idea of expanding the road commission board. But he wanted to talk with current road commissioners about it first and get their feedback.

LaBarre agreed to schedule a working session on the topic of road commission expansion. [The topic is now on the agenda for the May 8 working session.] Rabhi pointed out that in past years, the board has scheduled additional working sessions during the year, so that’s another option.

Board Discussion: Road Funding

Yousef Rabhi noted that there are different government entities that have responsibility for maintaining the roads, but “because we live in a democracy, it’s all of our responsibility to maintain the road system – because we all own the roads.” He wanted to discuss Act 283 as a funding option.

By way of brief background, Act 283 requires the road commission to submit a plan of recommended road repairs and the cost to do the projects. The law allows the county board to levy a millage to cover those costs, without voter approval. [.pdf of relevant section from Act 283, including summary by Lew Kidder of Scio Township.] Because the law is more than a century old and pre-dates the state’s Headlee amendment, there’s some uncertainty about the ability of county governments to use it.

Rabhi thought that a millage should serve not just drivers, but also bicyclists and pedestrians. Potholes are a serious safety issue for cyclists, he noted. “We have to keep in mind that not every taxpayer drives a car.”

But regardless of the other road commission issues that need to be addressed, funding is crucial, Rabhi said.

Dan Smith suggested adding the topic of road funding to a future working session.

Roy Townsend, managing director of the Washtenaw County road commission.

Conan Smith noted that long-term funding issues are important, but there are also shorter-term needs for road repair. He asked Roy Townsend, the road commission’s managing director, to talk about the effect that this winter’s severe weather has had on roads, and what the increased costs might be.

Townsend told the board that this was a record-setting winter in terms of snow, and in terms of the amount of salt that the road commission used, diesel fuel, and hours logged. It seemed never-ending, he said. Crews were working from 4 a.m. until 8 p.m., then workers would go home for sleep and repeat the cycle.

Typically, the road commission makes about 400 tons of cold patch. This year, they made about 1,400 tons. That’s enough to fill about 300,000 potholes, Townsend said. He characterized it as “300,000 Band-Aids,” and stressed the need for a long-term solution.

Now that spring has arrived, you can see how badly the roads have deteriorated, he said. Even some of the newer roads are showing cracks, because the paving material wasn’t designed for such extreme cold over so long a period. “I’d say we probably lost two or three years of life out of these roads,” Townsend said.

The issue is exacerbated because there hasn’t been the necessary investment in roads in recent years, and in fact there’s been disinvestment, he said. The winter also took a serious toll on the road commission’s equipment. They started out the winter with 53 trucks. There are 46 snow routes. During some of the back-to-back storms, the road commission had fewer than 40 trucks available, because the older trucks break down. This year, they purchased four new trucks. After three months, those trucks had logged over 20,000 miles.

The state legislature has allocated more funding for roads this year as a stop-gap measure, Townsend said. Washtenaw County’s share was about $1.1 million. That will be some help, but not enough. “We’re getting by, but we’re doing less,” he said.

Townsend noted that road commissioners and staff are meeting with officials in all 20 townships to talk about how Scio Township is paying for its roads. If townships take care of smaller local roads, the road commission can focus on primary roads and connectors.

Conan Smith asked Townsend for cost estimates on the impact of this winter, and noted that the severe weather might be the “new normal.” Rabhi said that geothermal roads are one approach that might be considered in future road construction.

Rabhi wanted the discussion to be about the structure of a millage – not whether there should be a millage. “I think it’s pretty obvious that we need more money,” he said. He advocated for setting a public hearing about a possible millage – they could set the hearing at their May 7 meeting, to be held on a future date.

Public Commentary

Three people spoke during public commentary at the end of the working session.

John Posegay, a road commission employee, said that although some of the other ideas that were presented during the discussion were good, the priority should be roads – because roads are a priority for everybody. A few years ago, he said, one of the county commissioners had made a statement about selling a car and using free public transportation. Posegay said if that’s the logic, then the proceeds from selling a car should be put into a pot to help pay for public transportation. Everyone needs to take responsibility for the roads. Nothing is free, he said.

Sharon Township supervisor Peter Psarouthakis spoke again, saying that working with the townships on special assessment districts is an excellent idea. There would be a lot of support for that, he said. If a countywide millage keeps getting slapped down, people can take responsibility for their own areas. This effort doesn’t have to come from the top down, he said. “It can go from the bottom up.” Regarding the board’s plan to send a letter of support for House Bills 5117 and 5118, Psarouthakis encouraged them not to do that. The sunset clause is there for a reason. “I get the sense that there are some political agendas at play here in this room,” he said. Removing the sunset would only encourage more of that.

Road commissioner Barb Fuller talks with Victor Dobrin, a candidate in the Democratic primary for the District 5 seat on the Washtenaw County board of commissioners.

Barb Fuller, one of the three road commissioners, made several points in response to the board’s discussion. She noted that there are 20 townships in Washtenaw County, and so far this year the road commission has gone to nine of those townships for annual meetings. Every year, the road commission hears from supervisors, township boards and residents directly, she said, and is paying attention to the problems, the needs, and desires of the local units of government and their citizens. The current geographic distribution of the road commissioners is refreshing, Fuller said, and they take that responsibility very seriously.

Fuller reported that there’s been fairly uniform support and interest from all of the townships about special assessment districts – the approach that Scio Township has taken. They like the idea of putting money from an SAD directly to support roads in that township. “It’s not going somewhere else to be put through the meat grinder and redistributed with some crazy formula, so that when it comes back, nothing happens,” she said. The road commission staff, including Roy Townsend, has been outstanding in working collaboratively and creatively with the townships to find ways to meet their needs, Fuller said.

Funding for roads will need to come from local sources, Fuller said, and the SADs are a viable way to do that.

Regarding Conan Smith’s idea of assuming the duties and responsibilities of the road commission and then delegating them back to the road commission, Fuller said she wasn’t sure that was legally feasible. “I question whether that’s even defensible legally,” she said.

Fuller also responded to Smith’s idea of eliminating trips through telecommuting. “I would suggest that you folks look at making broadband ubiquitous across the county,” she said. Referring to Gene DeRossett’s comment that Manchester schools have provided iPads for their students, Fuller pointed out that some of those kids can’t use them from home because they have no access to the Internet. So for those commissioners who take access to broadband as a given, she said, “trust me – there are parts of the county where they can’t get a signal at all.”

Regardless of whether the sunset clause remains in place or is eliminated, Fuller said there’s a window of opportunity now for more collaboration and long-term planning because of the attitude of people serving on the road commission board and staff. She asked what the county board hoped to achieve by expanding the road commission board to five members. “What is it that’s missing today that that would accomplish?”

The road commission is more than willing to work with the county board, Fuller said. “Give us a chance to address your concerns and please always assume that we’re really willing and ready to work with you. Please don’t assume it in the other direction.”

Responding to public commentary, Conan Smith said that special assessment districts are a good way to overcome a tactical challenge, “but I hope that it is not our long-term solution.” The county has a network of roads that everyone relies on, he said – whether the road is in front of your house and you use it every day, or it’s 10 miles away and you use it occasionally. Even though he doesn’t live in Dexter Township, for example, Smith said he still benefits from a good quality transportation infrastructure there, “and I frankly should have some participatory responsibility to make sure that network is good.”

The SAD approach and the localization of that responsibility is admirable, Smith said, “but it should not be our answer as a society to make it one small community’s problem, or one individual’s problem or one small neighborhood’s problem that our road network is broken. It’s all of our responsibility, and we should find a way that we all together invest in making it well.”

Next Steps

Three items related to the road commission appear on the board’s May 7 agenda: (1) a resolution accepting the recommendations of the board’s road commission subcommittee; (2) a letter to the state House Transportation & Infrastructure Committee, urging passage of HB 5117 and 5118; and (3) a discussion item on options for road funding.

A draft resolution was circulated at the April 17 working session, to put a countywide road millage on the Nov. 5, 2014 ballot. The resolved clauses from that draft resolution state:

NOW THEREFORE BE IT RESOLVED that the Washtenaw County Board of Commissioners for places the following question before the qualified voters of Washtenaw County on the November 5, 2014 ballot:

Shall the millage rate limitation imposed on all taxable property within the County of Washtenaw, Michigan, be increased by 0.5 mills ($0.50 of each $1,000 of taxable valuation) for a period of four (4) years, 2014 through 2017, inclusive, for purposes of providing a fund for the reconstruction, resurfacing, preservation, and related preparation of roads, streets, paths, other transit infrastructure and existing indebtedness thereof in Washtenaw County; and shall the County levy such increase in millage for such purposes, thereby raising in the first year an estimated $7,152,232? This revenue will be managed by the Washtenaw County Board of Commissioners and, as required by law, portions may be subject to capture by tax increment finance authorities in the county.

BE IT FURTHER RESOLVED that 50% of gross revenue generated by this levy shall be earmarked for use in that city, township or village which generated such revenue, less any amounts captured by tax increment finance authorities in that municipality.

BE IT FURTHER RESOLVED that 10% of the revenue remaining after the initial allocations to cities, villages and townships shall be used for non-motorized transportation throughout the county.

BE IT FURTHER RESOLVED that the remaining revenue shall be allocated to projects throughout the county based on use, need, and impact to the traveling public.

Another possibility is for the county board to levy a millage under Act 283. A draft resolution that’s been circulated among commissioners calls for levying a 1 mill tax in December 2014, which would generate $14.34 million “to repair 2013–14 winter damage to the roads, streets and paths in Washtenaw County.”

The resolution also addresses concerns about the potential legal issues related to Act 283. From the draft resolution:

FURTHERMORE, BE IT RESOLVED that Washtenaw County Corporation Counsel is directed to provide an exhaustive formal written opinion, by September 30, 2014, which clearly and convincingly details the exact mechanism under which Act 283 of 1909 taxes may be levied in excess of Article IX, Section 6 constitutional limits without a vote of the people; and that the Washtenaw County Board of Commissioners waives any attorney/client privilege concerning this opinion.

FURTHERMORE, BE IT RESOLVED that the Washtenaw County Board of Commissioners asks the county’s legislative delegation, State Senators Randy Richardville and Rebekah Warren and State Representatives Gretchen Driskell, Jeff Irwin, David Rutledge and Adam Zemke, to request an Attorney General opinion regarding the ability for counties to levy a tax under Act 283 of 1909 in excess of Article IX, Section 6 constitutional limits without a vote of the people.

In addition, the May 8 working session agenda includes the topic of possible expansion of the road commission board.

The May 7 and May 8 meetings both begin at 6:30 p.m. in the boardroom of the county administration building, 220 N. Main St. in Ann Arbor.

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