In a press release issued on Aug. 22, the OCED described a list of specifications needed for these sites [.pdf of press release]:

• Include a single room to accommodate approximately 50 adults lying down on thick mats (approximately 1,500 square feet)
• Be accessible to limited-mobility individuals
• Have multiple, accessible bathrooms on site
• Ideally equipped with showers and/or a kitchen prep space
• Space should be available every night of the week (roughly 7 p.m. to 7 a.m.) minimally from January 1 to March 31, 2015 – with potential to begin earlier than January 1 if weather dictates
• Ideally have storage space for stacked sleeping mats during daytime hours.

Any information about possible sites should be directed to to Amanda Carlisle, director of the Washtenaw Housing Alliance, at carlislea@ewashtenaw.org by Friday, Sept. 5.

This outreach is the result of efforts by a Winter Emergency Shelter/Warming Center Response workgroup, which has been focused on ensuring a more coordinated and sufficient response to the demands for the 2014-15 winter. From the press release: “As a result of the initial meetings of this workgroup, a need has been identified for space to host an expanded overnight warming center for individual adults for the 2015 winter season. The committee has identified a provider for the staffing of this additional overnight warming center and is working to identify the resources to support the operation of it; however, the committee has not yet identified an ideal space to host this temporary overnight warming center for the winter months.”

For background on this issue, see Chronicle coverage: “County Board Briefed on Shelter Services” and “County Board Discusses Homelessness.”

Yousef Rabhi (D-District 8), chair of the Washtenaw County board of commissioners, talked with an advocate from the homeless community before the April 2 county board meeting. (Photos by the writer.)

The board ultimately voted to direct county administrator Verna McDaniel to work with community partners to address immediate needs of the homeless. In general, McDaniel has budgetary discretion to spend up to $50,000 on professional services contracts, and up to $100,000 for any proposed goods, services, new construction or renovation. Later in the week, she allocated $35,000 to the Delonis Center – which is run by the nonprofit Shelter Association of Washtenaw County – to keep its nighttime warming center open through April 30. The warming center had originally been slated to close for the season on April 6.

The resolution also directed the administration to develop a plan by May 7 for updating the county’s Blueprint to End Homelessness, which was adopted in 2004 but appears to be dormant. The process of updating that plan is to be completed by Oct. 1, 2014.

Conan Smith (D-District 9) had initially suggested allocating $40,000 to the shelter to keep the warming center open another month. Other commissioners had concerns about throwing money at the shelter without any input from shelter staff, and without knowing specifically how the money would be used. Because the item hadn’t been included on the agenda, representatives from the shelter staff didn’t attend the meeting.

Some commissioners thought there should be a strategic plan in place before any additional funding is given – and they seemed to assume that such a plan doesn’t already exist. Mary Jo Callan, director of the county’s office of community & economic development, noted that the city of Ann Arbor and several other entities are working on this issue, in partnership with the Shelter Association. The board had received a briefing from the association’s executive director, Ellen Schulmeister, at their Feb. 6, 2014 working session.

The vote on the resolution was 6-2, over dissent from Republicans Dan Smith (District 2) and Alicia Ping (District 3), who both objected to the process. Rolland Sizemore Jr. (D-District 5) was absent.

Dan Smith called it “completely and entirely inappropriate” to be making policy and budgetary decisions on the fly, in response to a few people who showed up to speak during public commentary. He supported updating the Blueprint to End Homelessness, but thought it was a discussion that should take place at a working session before taking action at a regular board meeting. Yousef Rabhi (D-District 8) responded by saying that commissioners are elected to work for the people. When people come to the board, it’s important to address their concerns in a serious manner, he said.

Because of the length of the meeting, some men who were staying at the shelter missed the 9:30 p.m. curfew. Typically, anyone showing up after that time isn’t allowed inside. Greg Dill, the county’s director of infrastructure management, contacted the shelter staff and made arrangements for the men to be accommodated.

In other action, commissioners gave initial approval to a two-year pricing proposal – for 2016 and 2017 – to provide police services to local municipalities through contracts with the county sheriff’s office. Some commissioners expressed concern about the financial sustainability of this approach to funding police services, and cited the need for new revenue sources for public safety. Sheriff Jerry Clayton was on hand to present the pricing proposal, and supported suggestions to seek a new funding source. As he’s done in the past, Clayton characterized the issue of public safety as one that encompasses economic development, human services and other aspects of the community.

Commissioners also gave initial approval to a new brownfield redevelopment plan for the Thompson Block in Ypsilanti’s Depot Town, and took final action to add autism coverage to the health care benefits for employees. They postponed action on a resolution related to the county road commission until May 7, following an April 17 working session that will focus on that issue. The board also was briefed on the 2013 audit and comprehensive annual financial report (CAFR), and received an award for financial reporting from the national Government Finance Officers Association.

During communications, Felicia Brabec (D-District 4) reported that the review of applications is underway for the current cycle of coordinated funding, a partnership to fund social service agencies that involves the county, city of Ann Arbor, and several other entities. For this cycle, 105 applications were received, representing $8.7 million in requests. The amount of available funding this year from all partners is $4.4 million. “So it’s a difficult, difficult process,” she said. Funding recommendations will be brought to the board in May.

On April 2, the board also honored five local businesses and institutions with “healthy workplace” awards, and recognized the Ann Arbor Community Center for 91 years of service.

Funds for Homeless Shelter

This year, the issue of homelessness has been highlighted during public commentary at several county board meetings. That was again true on April 2.

Washtenaw County owns the Delonis Center building at 312 W. Huron in Ann Arbor, but does not operate the shelter. Operations are handled by the nonprofit Shelter Association of Washtenaw County, led by executive director Ellen Schulmeister. Schulmeister had briefed commissioners about services for the homeless at their Feb. 6, 2014 working session. Her briefing had come in response to advocacy from several homeless advocates at the board’s Jan. 22, 2014 meeting, when commissioners had also discussed the need to do more.

The county budget included $51,230 for the Delonis Center in 2013 and that amount was increased to $160,000 this year as part of the regular budget approval process late last year. The county funding is set to increase again to $200,000 in 2015 and remain at that level through 2017. The Shelter Association’s annual budget is $2.583 million.

The Delonis Center was built to house 50 beds, but there have been 75 beds since 2009. In addition, the Delonis Center operates a warming center in its dining room, for a maximum of 65 people – although during the harshest weather, more are accommodated. The warming center is open from mid-November through April 6. There is no drug testing, but people are given a breathalyzer test and are not admitted into the shelter if their blood alcohol level is over .10 – above the legal intoxication level of .08.

Funds for Homeless Shelter: Public Commentary

Several people spoke to advocate for the homeless at the April 2 meeting. Diane Chapman noted that the warming center would be closing on April 6, and she wasn’t sure the weather was good enough for that to happen yet. She said she personally has had to rescue people to prevent them from freezing, so she was asking commissioners to help. It’s not a good thing to put people on the street right now.

Felicia Brabec (D-District 4) talks with advocates for the homeless during a break in the April 2 county board meeting.

Ray Gholston introduced himself as a resident of the Delonis warming center. He said he was outraged at the planned closing of the warming center on April 6. “This is a potential crisis,” he said, which would result in dozens of people put out onto the streets, and some could possibly die because of exposure to the elements. Basic shelter is not just a right for the privileged few, he said. It is a human right for everyone. Even prisoners of war get food, clothing and shelter, he noted – the United Nations mandates it. How much money does it take to roll out a cot and give a man a blanket? he asked. There are animal shelters, and if dogs and cats were on the street, there would be outrage and anger, he said. Some people on the streets are U.S. veterans who’ve served honorably, he said – look at how they’re being repaid.

Gholston told commissioners that he has a full-time job. “I’m not some bum. I work for a living,” he said, but he can’t afford to rent an apartment in Ann Arbor. How is he supposed to keep up his appearance and hygiene for his job, if he has to sleep on the streets? If the warming center is closed, people will be sleeping on private property, he said, and urinating and defecating in the streets. “This is a shame,” he said. America isn’t a third-world nation, but it could turn into one. He requested that the board do anything in its power to extend the availability of the warming center. He hoped they’d use their humanity to do the right thing.

Elizabeth Kurtz reminded commissioners that a group of people had approached the county board in January about issues related to the warming center. [She was referring to the Jan. 22, 2014 meeting.] As a result, she said, some people from the warming center met with commissioner and board chair Yousef Rabhi; county administrator Verna McDaniel; Mary Jo Callan, director of the county’s office of community & economic development; and Ellen Schulmeister, executive director of the Shelter Association of Washtenaw County. During the meeting, Kurtz said, everyone agreed that there would be continuing dialogue about improving the warming center and addressing homelessness issues. At no point, no human being should be forced to sleep outside in the elements, she said.

Kurtz felt that the board had ignored these issues and had not given them the attention they deserve. She said the homeless community won’t rest until they have access to the human rights they’re entitled to. She read a statement that urged the board to force the Delonis Center to keep the warming center open, or to make other accommodations for people who are using it, such as hotel rooms or temporary trailers. The statement also referred to Kurtz herself, stating that she was “kicked out of the warming center for a non-criminal offense” and asking that she be allowed to return.

Christopher Ellis said he didn’t want to cast aspersions on the shelter. The staff does a humane job, and without it he wouldn’t have survived the winter. But he questioned the morality of closing the warming center on April 6. It should be looked at, he said.

Funds for Homeless Shelter: Board Discussion

Responding to the public commentary, board chair Yousef Rabhi (D-District 8) thanked the advocates for the homeless, and said he felt he’d had a lot of opportunities to talk with them about these issues. He thought he’d been open and honest with them about the barriers. He agreed that the community needs to care for everyone, but it’s important to realize that this is part of a broader picture that includes affordable housing and resources to find jobs. He hoped that the tax base problems caused by the down economy would be turning around, but there haven’t been as many resources to address the issue because of that.

The Delonis Center is a great partner, Rabhi said, in leveraging county tax dollars with private funding and other sources. It’s a complex issue with many moving parts, he said, which includes wage disparity and access to economic opportunity.

Mary Jo Callan, director of the county’s office of community & economic development, and Conan Smith (D-District 9).

Conan Smith (D-District 9) asked to amend the April 2 agenda so that the board could formally discuss the issues that had been raised.

Because this issue had not originally been on the agenda, no one from the Delonis Center was on hand to answer questions. So later in the meeting, Mary Jo Callan – director of the county’s office of community & economic development – was asked to provide some context. Callan reminded commissioners that the former shelter, which was demolished several years ago, was an 80-bed facility. The current shelter was originally recommended to be 200 beds, but ultimately was built with 50 beds and opened in 2003. More beds were added later, bringing the total to about 75 beds.

The Shelter Association also has a rotating shelter of 25 beds that’s housed by local religious groups. There’s also a warming center, which began with just chairs set up in a room for about 50 people. In 2009, the Ann Arbor Downtown Development Authority purchased bedding for the center, so that clients could sleep in the floor, Callan said.

This winter, there’s been an increase in the number of people seeking services from the shelter – some nights, as many as 80 people. The warming center and the rotating shelter operate from November 18 through April 6, Callan said. The intent is that during the harshest winter months, people are provided with safety and warmth.

There are about 4,500 homeless people in Washtenaw County, Callan reported. There’s a growing lack of affordable housing, both locally and nationwide. She noted that the Urban Institute recently issued a report indicating that for every 100 people in Washtenaw County who are earning 30% or less than the area median income, there are 18 units of affordable housing.

Callan said Schulmeister wasn’t able to rush to the April 2 meeting when this issue arose, but she’s very interested in the board’s discussion. Although the Shelter Association tries to be as responsive as possible, Callan added, as a single nonprofit, it’s difficult to address homelessness in the entire community.

Noting that the cold weather isn’t over yet, Conan Smith said he didn’t want to wait two weeks to make funding available for what might be an emergency situation. “You know me – I’m not a throw-the-money-at-a-problem kind of person,” he said, adding that he wants to understand the root cause and what’s at play. But this is a situation that might need the county to throw money at the problem in the short term, Smith said.

The county doesn’t have the capacity for a year-round warming center, Smith added, but he hoped there was a way to address the next several weeks, until the weather warms up. He also wanted to know what resources are needed for longer-term solutions.

Yousef Rabhi (D-District 8).

Rabhi replied that the board needs to be respectful of the Shelter Association as an organization. It’s a separate nonprofit, and receives money from other sources, not just the county. So any solutions should be developed in conjunction with them, he said. For him, the closure of the warming center was a new issue, Rabhi added – he hadn’t realized until recently it was closing on April 6. There needs to be a long-term strategy, he said, because this would arise again in future years. But he acknowledged that there’s a spectrum of need, including short-term problems.

Felicia Brabec (D-District 4), who serves on the sustainable revenues for supportive housing services task force that was created in 2007, reported that the task force is looking at long-term solutions, including a potential millage and an endowment.

Conan Smith then put forward a proposal to allocate $40,000 as emergency funding to the shelter for an additional month. His rationale was based on his recollection that Schulmeister had said it cost about $10,000 a week to operate the warming center.

Andy LaBarre (D-District 7) said he hoped commissioners would keep this discussion in mind as the county moves forward with the disposition of the Platt Road property. As chair of the board’s working sessions, he reported that the issue of homelessness would be a topic for the first working session in May.

LaBarre clarified with Callan that from November 18 through April 6, a nighttime warming center was open. During the day, it opens up if temperatures are 10 degrees or colder. Responding to another query from LaBarre, Callan said the other major public funders for the shelter are the city of Ann Arbor and the Michigan State Housing Development Authority.

Callan told commissioners that the shelter staff are interested in being as flexible as possible. “I also want you all to know that the shelter staff has been working overtime literally for months,” she said. It’s a very complex, crowded, difficult place to be. So the feasibility of keeping it open would depend on whether it’s tenable from the staff’s perspective, she said. It’s been a very difficult season for everyone, Callan added – both the people who need services, and the people who provide those services.

Rabhi wondered if extending the warming center for a month would actually address the issues that have been raised. April 30 is an arbitrary end date, too, he noted. That’s a struggle for him.

Alicia Ping (R-District 3) asked what the $40,000 would be used for. Is it for operations? Conan Smith said he was responding to the request for keeping the warming center open past April 6. Ping responded, saying that this is a bigger issue than just the next few weeks. She pointed out that the 10-day forecast called for temperatures in the 50s. “I don’t know that this is the right use of our money to keep the warming shelter open when clearly it is warming up.”

Ping also noted that the county isn’t in charge of the shelter. The county could provide funding, but the shelter can do anything it wants with that. Smith pointed out that the county owns the Delonis Center building.

Brabec noted that even though highs are forecast in the 50s, the lows will still be in the 30s. It highlights the struggle of needing to address short-term needs while also looking for long-term solutions. The $40,000 might help address the short-term need for residents, she said. It can run on parallel tracks.

Ronnie Peterson (D-District 6) wouldn’t support spending money unless there was also a long-term strategy in place before then, involving other partners who should also make an investment. Callan replied that more communications and connections could be made, but there’s also a lot happening regarding emergency shelter, rapid re-housing, supportive housing, and affordable housing. She suggested scheduling another working session on these issues.

People in the shelter are being housed, Callan said, “but that is an uphill battle.” Social equity and a dearth of affordable housing are issues in this community, she said, as is a lack of living-wage employment. “The most basic social service is a job,” she said.

Conan Smith (D-District 9).

Rabhi agreed that the broader discussion needs to include the issue of a living wage. He noted that earlier in the day, President Barack Obama had talked about the need to raise the federal minimum wage to $10.10. Even at that, Rabhi noted, people wouldn’t necessarily be able to afford housing in Ann Arbor, but it’s a good step. He planned to bring a resolution to the April 16 meeting in support of raising the minimum wage.

Rabhi also talked about the need to include regional partners, including other county governments in southeast Michigan.

Conan Smith said he didn’t expect the conversation to end when the warming center closes, but he hoped to provide funding to give people the flexibility of addressing short-term needs. He didn’t want to be inactive, when people had asked for a response.

Brabec suggested directing the county administrator to work with regional partners and return to the board with a plan, including both emergency shelter and also a longer-term strategy. Smith cautioned against spending $40,000 so that people earning $70,000 or more could come up with a plan, saying he trusted the county administrator not to do that. He wanted the $40,000 to directly help people who are homeless.

Ping opposed allocating any dollar amount, but noted that county administrator Verna McDaniel already has discretion to allocate funding if she chose to – up to $100,000.

C. Smith then made a formal motion – a resolution directing the county administrator to work with regional partners to address short-term sheltering issues and to bring a plan back to the board for longer-term housing issues by no later than May 21. LaBarre proposed amending the motion to replace “housing” with “shelter.”

Rabhi noted that the board is asking staff to come up with a solution “to a problem that we have not been able to solve in the history of mankind.” He hoped that the goal for the proposed resolution is to tell commissioners what tools are available to move forward, and to put the issue in context. McDaniel replied that it wouldn’t be possible to find a solution, but it would be realistic to propose a strategy.

Noting that the county’s Blueprint to End Homelessness was created in 2004, Rabhi recommended that the board dedicate 2014 to updating that blueprint and making it relevant for today. It could be another 10-year plan with a strategy for moving forward. He suggested asking staff to develop that by the fall, while addressing short-term needs in the meantime.

Rabhi then proposed a substitute resolution:

Resolved that the Board of Commissioners directs the Administrator to work with the County’s Community Partners to address the short term needs of the homeless in Washtenaw County;

Be it Further Resolved that the Administrator develop a plan for the Board of Commissioners to engage in a comprehensive update to the Blueprint to End Homelessness;

Be it Further Resolved that this strategic plan be presented no later than May 7, 2014, the strategic plan shall include a context of the last decade’s investments in housing and homelessness in Washtenaw County, a current picture of where the county is at today and a strategy for updating the plan over the course of 2014;

Be it Further Resolved that the Board of Commissioners will conclude this process by October 1, 2014.

Conan Smith withdrew his resolution, and LaBarre withdrew his proposed amendment to Smith’s resolution.

Dan Smith (R-District 2) criticized the approach, calling it “totally inappropriate.” April 6 has been looming for months, and the county has been doing a lot of work on this issue for a long time, he noted. “To make public policy based on the number of people who show up and speak at the podium is entirely inappropriate.” There are other agenda items, and staff and members of the public had been waiting over three hours for the board to conduct its business, he observed. And yet, the board takes something that’s not on the agenda and spends 90 minutes discussing it, then coming up with a proposal “on the fly.”

D. Smith said he had no problem taking up this issue in the future, including updating the Blueprint to End Homelessness. It’s also an appropriate topic for a working session, he said. But Smith said he wouldn’t support this resolution.

Rabhi replied that the board works for the people of Washtenaw County, and when people come forward with a concern, it’s important to address it in a serious manner. “That’s what we owe to the citizens who elected us to serve on this board,” Rabhi said.

Outcome: The resolution passed on a 6-2 vote, over dissent from Dan Smith (R-District 2) and Alicia Ping (R-District 3). Rolland Sizemore Jr. (D-District 5) was absent.

Funds for Homeless Shelter: Coda

Later in the week, McDaniel allocated $35,000 to the Delonis Center, which has agreed to keep the warming center open through April 30. The funding will come from the county’s unearmarked reserves.

Road Commission

The April agenda included a resolution regarding the county road commission. The resolution, if passed, would leave the county road commission as an independent entity. The resolution also states that the county board does not support making the road commission’s board an elected body. [.pdf of board resolution]

The resolution is in line with recommendations of a board subcommittee that was appointed in October of 2013 to look at the future of the road commission. At its final meeting on March 1, 2014, the subcommittee voted to recommend that the road commission remain an independent operation, and not be absorbed into the county government.

Andy LaBarre (D-District 7).

That subcommittee vote came over dissent from 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. Currently, the road commission is overseen by a board with three members appointed by the county board of commissioners to six-year terms. Smith thought that asking voters to approve a countywide road millage – when the revenues aren’t allocated by an elected body – would be a tough sell. It would be especially tough to sell to voters in the city of Ann Arbor, who already pay a millage for street maintenance within the city.

But others on the subcommittee were in line with the strong support from township officials for keeping the road commission independent. Most township boards in the county have passed resolutions supporting the current structure, citing their strong relationships with the road commission staff and board.

The subcommittee did not make any recommendations on whether to expand the road commission from three to five members. The three county commissioners who served on the subcommittee – Conan Smith, Dan Smith (R-District 2) and Alicia Ping (R-District 3) – had agreed that the question of expansion was primarily a political one, and should be taken up by the county board. Subcommittee members indicated that they’d be willing to discuss it further, if directed to do so by the county board.

Regarding the question of whether road commissioners should be elected positions, the subcommittee unanimously passed a resolution recommending not to pursue that option. 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.

The three current road commissioners are Doug Fuller, Barbara Fuller, and Bill McFarlane, who was appointed by the county board at its March 19, 2014 meeting. At that time, board chair Yousef Rabhi (D-District 8) voiced support for expanding the road commission board to five members.

These issues come in the context of a state law that opened the door to possible consolidation of the road commission into the county. In 2012, the Michigan legislature enacted amendments to Section 46.11 of Public Act 156 of 1851, which allows for county boards of commissioners to transfer the powers of the road commission to the county board. There’s a sunset to that section of the law, however. Unless extended by the legislature, it will expire at the end of 2014.

At the April 2 meeting, Conan Smith (D-District 9) moved to postpone the item until the board’s May 7, 2014 meeting. It’s the first board meeting that follows an April 17 working session, when issues related to the road commission will be discussed.

Outcome: On a voice vote, commissioners voted to postpone the road commission item until May 7. Dissenting was Alicia Ping (R-District 3).

Thompson Block Brownfield Plan

A brownfield redevelopment plan for the Thompson Block in Ypsilanti’s Depot Town area was on the agenda for an initial vote. [.pdf of Thompson Block brownfield plan]

Fred Beal, president of JC Beal Construction Inc. and co-founder of Beal Properties LLC.

The plan covers 400-408 N. River St. and 107 E. Cross St., an historic property that has been declared ”functionally obsolete and blighted.” That qualifies the project as a brownfield under the state’s brownfield redevelopment financing act (Public Act 381), which allows the owner to receive reimbursements for eligible activities through tax increment financing (TIF). Approval also will allow the developer to apply for Michigan Business Tax Credits. The property is currently owned by Thompson Block Partners LLC, led by Stewart Beal of Beal Properties. Beal’s father, Fred Beal, attended the April 2 meeting but did not formally address the board.

Beal plans to create 16 “luxury lofts” in the structure’s second and third floors, and up to 14,000 square feet of commercial space in the remainder of the site. The project is estimated to cost about $7 million.

The resolution on the April 2 agenda also would end a previous brownfield plan for part of the same site, which was approved in 2008. A fire in 2009 delayed the project. The new plan now covers the 107 E. Cross, which was not part of the original plan, and includes public infrastructure improvements, such as streetscape enhancements along North River Street.

The Washtenaw County brownfield redevelopment authority approved this plan at its March 6 meeting. Subsequently, the plan was approved by the Ypsilanti city council on March 18. The city council’s action included approving an “Obsolete Properties Rehabilitation” certificate, which freezes local millages at the current, pre-development level for 12 years. Because of that, the project’s TIF capture will apply only to the state’s school taxes.

The project can get up to $271,578 in eligible cost reimbursed over a 12-year period, for activities including brownfield plan and work plan preparation, limited building demolition, selective interior demolition, site preparation and utility work, infrastructure improvements, architectural and engineering design costs, asbestos and lead abatement, and construction oversight.

The intent of the state’s brownfield redevelopment financing is to support the redevelopment of urban sites that will increase the municipality’s tax base. Tax increment financing allows an entity to capture the difference between the taxable value before a project is undertaken, and the value of the property after it’s developed.

A public hearing on this proposal was also held at the April 2 meeting. Only one person – Tyler Weston, a real estate agent representing Thompson Block Partners – spoke briefly, telling the board that the financing would help the project.

Thompson Block Brownfield Plan: Board Discussion

Yousef Rabhi (D-District 8) praised the project, saying it’s an example of Beal’s commitment to the community. It’s in the heart of Depot Town and has had a lot of challenges, he noted. Rabhi serves on the county’s brownfield redevelopment authority board, which had recommended approval of this proposal.

Responding to a query from Felicia Brabec (D-District 4), Nathan Voght of the county’s office of community & economic development explained that the brownfield is the only TIF legislation that doesn’t allow for an opt-out – every taxing entity participates equally. But in this case, because of the “Obsolete Properties Rehabilitation” certificate, local millages will be frozen for up to 12 years, so there won’t be any increment available for TIF financing – with the exception of the state’s school taxes.

Brabec also asked about the differences between this proposal and the one approved in 2008. Voght noted that the 2009 fire damaged the entire structure, so the need for demolition changed. The overall eligible costs decreased from about $307,000 to about $271,000.

Outcome: Commissioners gave initial approval to the brownfield plan. A final vote is expected on April 16.

Police Services Contract

A two-year pricing proposal for contracts to provide police services to local municipalities was on the April 2 agenda for initial authorization from the county board.

From left: Sheriff Jerry Clayton and Greg Dill, the county’s director of infrastructure management.

On July 6, 2011, commissioners had authorized the price that municipalities would pay for a contract sheriff’s deputy through 2015. The price in 2012 – $150,594 per “police services unit” – was unchanged from 2011, but has been rising in subsequent years by about 1% annually. The complex, politically-charged process of arriving at those figures in 2011 involved more than a year of discussion between the sheriff’s office, other county officials and leaders of local municipalities that contract for these services.

The board’s decision in 2011 was based on a recommendation from the police services steering committee. That same group is recommending the next pricing changes as well, based on the cost of a police services unit (PSU). The PSU price for 2014 is $153,621. For 2015, the PSU price will be $155,157. In the following two years, the PSU price is proposed to be $156,709 in 2016 and $158,276 in 2017.

Those figures are based on a 1% annual increase in direct costs to contracting municipalities. That rate of increase for PSUs is included in revenue projections for the county’s four-year budget, which the county board passed at its Nov. 20, 2013 meeting. The budget runs from 2014-2017, and includes revenue projections based on contracts for 79 PSUs.

According to a staff memo, there will be an addition to the 2016 and 2017 prices for in-car printer replacement, after the total cost of ownership is determined. The memo also notes that the pricing is based on salaries stipulated in current union contracts with the Police Officers Association of Michigan (POAM) and the Command Officers Association of Michigan (COAM). Those contracts run through 2014, and new contracts are currently being negotiated. The memo states that ”no assumptions were made for salaries or fringes change in this cost metric in anticipation of any union negotiations.” [.pdf of staff memo]

The county – through the sheriff’s office budget – pays for the difference between the price charged for each PSU, and the actual cost to provide those services. In 2011, that difference was $25,514.

In 2016, the cost per PSU is expected to be $195,104 – a difference of $38,395 compared to the price being charged to municipalities. In 2017, the cost per PSU is estimated at $199,188 – a difference of $40,912. [.pdf of cost estimates]

On April 2, sheriff Jerry Clayton described the cost model, explaining that it includes direct costs like salaries and benefits, which are paid by each contracting entity. It also includes indirect costs and overhead, which those entities partially pay. The county covers a portion of the indirect costs and overhead. The county also picks up the difference between the cost estimates and the actual cost, he said. In 2011, for example, the actual cost for delivering services was about $2,000 more than what was estimated per PSU. In 2012, the difference was about $4,500 more per PSU than estimated.

Because the sheriff’s office has about 400 positions – full time, part time and seasonal – there will always be openings, Clayton said. And because of that, his office has been able to offset those higher-than-expected costs by leaving some positions unfilled. But through budget cuts over the last few years, that flexibility becomes more challenging, he said.

Clayton said he supports the 1% increases in 2016 and 2017, but noted that it doesn’t account for possible changes to the POAM and COAM contracts. The result of those contract negotiations could have a big effect on the final price, because of the direct cost, he said.

He urged commissioners to think about how to find a sustainable revenue stream to support public safety countywide. Clayton noted that in the previous budget, the sheriff’s office came under its expenditure targets without compromising service, and also exceeded revenue. So the office has met its obligations as it relates to the overall county budget, he said. “But the ability to do that moving forward becomes a little more challenging.”

Police Services Contract: Board Discussion

Felicia Brabec (D-District 4) agreed that the county needs a sustainable revenue source for public safety. She asked if it was a trend that the difference between cost estimates and actual costs is increasing. SiRui Huang, finance manager for the sheriff’s office, said she thought 2013 would be close to the estimate, because there was a reduction in the fringe benefit rates.

Ronnie Peterson (D-District 6).

Ronnie Peterson (D-District 6) described the county as growing, which results in demand for services. He wondered when they would revisit the methodology used for policing the county, and the policy for contractual agreements with local municipalities.

Clayton replied that the financial architecture that’s in place to establish cost and price is sound. But the most recent analysis of recommended staffing levels for public safety in the county was done in 2000, he said. It established ideal staffing levels and minimum staffing levels. One of the recommendations from that report, which hasn’t been implemented, is to mandate the minimum staffing levels in some jurisdictions.

In theory, the county could mandate those minimal levels before it enters into a contract with the jurisdiction, he explained. If the jurisdiction indicates that it can’t afford the minimal level, then the county could decide not to enter into a contract to provide police services. Clayton said he didn’t recommend this approach, but it was an option that had been recommended.

When the study was done 14 years ago, the population of Washtenaw County was about 300,000, Clayton noted. Now, it’s closer to 350,000.

Peterson indicated that as the economy improves, he thought the county’s population would grow even more. The cost to the county’s general fund of providing public safety is increasing, but the county has to pay the price for the economic health of the community, Peterson said. There needs to be more discussion of this issue, he said.

Peterson said he’d like to see the “magic” of the current proposal work, but he didn’t see how it was a sustainable model.

Yousef Rabhi (D-District 8) asked about the cost difference again, wondering if it would be consistent with the previous difference of about $25,000. Huang noted that the difference is estimated to increase in 2016 and 2017, but she restated that it doesn’t take into account any possible reductions that might occur based on current union negotiations. So the cost might change, she said.

Rabhi told Clayton that he wasn’t going to challenge this proposal strongly, adding that Clayton has been a great sheriff for the whole county. Rabhi noted that the cost difference, paid by the general fund, is borne by all county taxpayers – including those who live in jurisdictions that also have their own police departments, like Ann Arbor. That’s another issue to discuss in the future, Rabhi said, in addition to the funding sustainability. Whether you live in Ann Arbor or Bridgewater Township, public safety is important, he said, “and we need to find a way to fund it in a fair way, countywide.”

As the sheriff’s office is asked to bear more of the financial burden, Rabhi said, that makes it more fragile as a governmental unit. It’s important to look for new potential funding sources for public safety, he concluded.

Conan Smith (D-District 9) said the board should be grappling more with the issue of funding for public safety, especially considering that public safety accounts for more than 60% of the general fund budget. [That amount includes funding for courts, the prosecutor's office and other criminal justice units – not just the sheriff's office.]

Kent Martinez-Kratz (D-District 1) and Stefani Carter, a local attorney who was filling in for corporation counsel Curt Hedger.

Smith noted that the proportion of cost that’s being paid for by the sheriff’s office is increasing faster than the proportion paid for by the contracting entities. He wondered why that’s the case.

Clayton reiterated his point that it’s not a sustainable situation. He pointed out that while it’s not sustainable for the sheriff’s office, it’s also a problem for the contracting jurisdictions, which can’t afford to take on additional expenses. For some jurisdictions, the contract for police services accounts for almost 70% of their general funds. So raising the price for those jurisdictions isn’t really an option.

Public safety is key to other issues in the county, including human services and economic development, Clayton said. The county has reached the point where they need to consider creating other funding sources to sustain police services countywide. He noted that the sheriff’s office also provides services to jurisdictions that already have their own police departments, like Ann Arbor and Pittsfield Township. The sheriff’s office provides a safety net, he said, but there’s a limit to what they’re capable of in terms of resources, “and I think we’re there.”

C. Smith praised Clayton for making giant strides in integrating the sheriff’s office with nearly all aspects of the county, and for framing the issue differently for the board and the public. “I don’t see this as a city versus township fight,” Smith said. “I see this as a common struggle to provide public safety and quality of life for all of us.” The conversation should focus on what outcome the county is trying to achieve, he added, and how they fund that outcome.

Smith said he’d like to consider a countywide police force approach, whether that’s supporting the existing police forces or expanding the services that the sheriff’s office provides.

Clayton stressed that if other jurisdictions want to keep their police departments, that’s what they should do. He joked that it will save a lot of headache if that’s clear – the sheriff’s office isn’t trying to take over anything. C. Smith said he understood that Clayton was sensitive to that, but he thought it was a conversation they needed to have. It doesn’t make sense to “hyperlocalize” services in a lot of cases, Smith said.

There can be a happy medium, Clayton replied, in terms of collaborating. So that’s another option, and one that the sheriff’s office has pursued.

Dan Smith (R-District 2) agreed that public safety is a countywide issue, and praised Clayton and his staff for their work.

Outcome: Commissioners unanimously gave initial approval the police services contract proposal. A final vote is expected on April 16.

2013 Audit

Two representatives from the accounting firm Rehmann, which conducts the county’s audit, attended the April 2 meeting: Nate Baldermann and Mark Kettner. They gave part of a presentation on the county’s 2013 audit and comprehensive annual financial report (CAFR). [.pdf of 2013 CAFR] [.pdf of 2013 audit summary]

From left: Mark Kettner and Nate Baldermann of the accounting firm Rehmann.

Baldermann, a principal at Rehmann and former board member of the Michigan Government Finance Officers Association, began by presenting the board with a certificate of achievement for excellence in financial reporting, for the county’s 2012 CAFR. The award is given by the national Government Finance Officers Association. Baldermann noted that this is the 23rd consecutive year that the county has received this award. Out of about 2,000 local governments in Michigan, only 102 are receiving this award.

Kelly Belknap, the county’s finance director, gave an overview of the staff process involved in developing the CAFR, which reflects thousands of individual financial transactions. She gave highlights from a 2013 year-end financial presentation that staff had made at the board’s March 19, 2014 meeting, showing that the county had ended 2013 with a $3.92 million surplus for its general fund.

The complete audit, which consists of multiple documents, totals over 400 pages, Belknap noted.

Pete Collinson, the county’s accounting manager, gave a summary of the CAFR, which is over 200 pages. Over the years, the requirements have grown in complexity, he noted, and that’s reflected in the amount of information that’s included in the CAFR. At the same time, the finance staff has been reduced, he said, so the auditors have been helping assemble it.

Collinson highlighted some upcoming changes, including GASB 67, which takes effect this year and will be reflected in the next CAFR, and GASB 68, which takes effect in 2015. In 2014, the main change will be more disclosures in notes to the financial statements, he said. But in 2015, the county’s unfunded actuarial accrued pension liability will be booked as a liability in the county’s statement of net position, which will be a significant change, he said. The county’s finance staff have been working closely with their auditors and actuaries to plan for that, Collinson said.

Mark Kettner of the accounting firm Rehmann also gave a few remarks, noting that the auditor’s letter is included in the CAFR. The new term is “unmodified,” he said, which means it’s a clean statement. It’s an opinion just on the financial statements, he said – it’s not an opinion on the county’s financial controls. And it’s not an opinion on the county’s financial position, Kettner said, “although your financial position is pretty good, all things considered – coming off the last five or six years we’ve gone through.”

Kettner referred to a meeting – an “exit conference” – that he held with county administrator Verna McDaniel, board chair Yousef Rabhi and financial staff. There were a few areas for improvement, he said, because it’s a large organization. But there was nothing that he felt he needed to tell the board that night, Kettner added. The county is doing great, he said.

2013 Audit: Board Discussion

Dan Smith (R-District 2) asked about a section of the auditor’s letter:

We did not audit the financial statements of the Washtenaw County Road Commission, which represents 77.4% of the assets and 90.5% of the revenues of the aggregate discretely presented component units. Those statements were audited by other auditors whose report was furnished to us, and our opinion, insofar as it relates to the amounts included for the Washtenaw County Road Commission, is based solely on the report of the other auditors.

He asked Kettner to explain what that means, and why the audit refers to the road commission at all.

Kettner replied that the county government is considered the primary government for purposes of the audit. But the audit also is required to include all of the “component units” of county government, which are shown on pages 66-67 of the CAFR. In addition to the road commission, those units are: the department of public works, the office of the water resources commissioner, the hazardous materials response authority, and the brownfield redevelopment authority. The financial notes describe these operations in more detail.

Component units are separate legal entities, with a majority of their governing boards appointed by the county board of commissioners, or with the county board taking some level of financial accountability. For example, the county board must authorize any debt that’s issued by these other component units.

Dan Smith (R-District 2) talks with auditors from the accounting firm Rehmann before the start of the April 2 meeting.

Kettner noted that some of these component units conduct separate audits – that’s the case with the road commission. If Rehmann, as the primary unit’s auditor, takes responsibility for these separate audits, then it’s not mentioned in the auditor’s letter, Kettner said. But if the firm is not taking responsibility – “and there’d be no reason that we’d want to,” he said – then it’s mentioned in the letter, along with a perspective in terms of the financial significance of that unit. That’s why the letter includes the percentages reflecting the road commission’s assets.

Smith pointed out that even though the county board is responsible for the road commission’s debt, county commissioners don’t see the road commission’s budget or approve it. The road commission’s funding comes from the state, through Act 51, he noted. He observed that the GASB accounting standards are national, and probably don’t recognize the rather unique place that Michigan’s road commissions hold compared to all other states.

Kettner replied that although Rehmann doesn’t review the road commission’s financial statements annually, there is a periodic evaluation. The CAFR includes a description of the road commission, he said. That description states: “The Road Commission may not issue debt or levy a tax without the approval of the County Board of Commissioners. The Road Commission deposits its receipts with and has investments through the County.”

Noting that it’s outside of Kettner’s purview, Smith pointed out that the road commission has been the topic of discussion by the county board in Washtenaw County as well as across the state, as the result of state legislation passed in 2012 that allows for the possibility of county governments to absorb road commission operations. [For background on that discussion, see Chronicle coverage: "No Major Change Likely for Road Commission."]

Referring to the auditor’s management letter, Smith highlighted a statement that Michigan state statutes require local governments shall not spend in excess of amounts appropriated in a budget. But in many cases, Smith noted, there isn’t much of a penalty for violating those statutes. What’s the mechanism for enforcing that?

Kettner replied that page 81 of the CAFR lists the instances in which county units spent money in excess of appropriations during 2013. For an entity the size of Washtenaw County, he said, it’s unrealistic to expect that there would never be an item that’s over budget. Sometimes these items don’t show up in the CAFR because the county board amended the budget after the fact. In 2013, many of the excess expenditures were relatively minor, Kettner said. The largest one – $1.75 million over a budgeted $3.27 million in the accommodations ordinance tax line item – reflects a decision by the county board to distribute additional funds from the accommodations tax. The board voted to do that, he explained, but they didn’t do the technical step of voting to amend the budget.

From left: Felicia Brabec (D-District 4), chair of the ways & means committee, and county administrator Verna McDaniel.

There were about a half dozen items that Kettner said were relatively significant, and “we don’t want to see those again.”

Smith noted that to him, the words “shall not” in the state statute seemed like pretty strong wording, but there’s nothing to enforce it. Kettner replied: “That’s how the state writes those laws, you know.” The auditing firm submits its report to the state, Kettner explained, and that includes an audit procedures report form. The form includes boxes that must be checked if there’s an issue, he said. That will result in a letter from the state, asking how the county plans to address it.

Smith then asked how the audit and CAFR will look when GASB 68 takes effect. Kettner referred to page 119 of the CAFR, which contains a table of the county’s pension system. One column lists the unfunded actuarial accrued liability for the system, which in 2012 was $126.28 million. In 2015, when GASB 68 is implemented, the county will have to add that liability as part of the county’s statement of net position – page 41 of the CAFR. That liability will result in a deficit for the county’s unrestricted net position. For the 2013 CAFR, the unrestricted net position shows a positive $32.826 million.

However, Kettner stressed that this change will not affect the general fund budget. “You’re going to continue making your contributions to fund those pensions as you always have,” he said. But the financial statements will be more meaningful by adding that liability to the statement of net position.

There were no questions from other commissioners.

County Jail Bonds

Commissioners were asked to give initial approval to authorize the re-funding of up to $16.5 million in outstanding capital improvement bonds, which were originally issued in 2006 to fund expansion of the county jail.

John Axe, the county’s bond counsel, brought reading material to the April 2 meeting.

According to a staff memo, $16.9 million in principal remains of the original $21.675 million bond sale. The county’s bond counsel, Axe & Ecklund, is advising the re-funding because of lower interest rates, and estimates a net savings of about $869,000 over the life of the bond issue. The new issue would be called “County of Washtenaw Capital Improvement Refunding Bonds, Series 2014.” [.pdf of refunding resolution]

Kent Martinez-Kratz (D-District 1) asked the county’s bond counsel, John Axe, about interest rates. Axe told the board that current interest rates on the bonds are between 4% and 4.3%. He estimated that the re-funding interest rates would be between 2.2% and 3.8%. The bonds would be sold in June.

Axe said he hoped the savings would be even higher than the estimated $869,000.

Outcome: Commissioners unanimously gave initial approval to the bond re-funding. A final vote is expected at the board’s April 16 meeting.

Autism Coverage

At the board’s March 19, 2014 meeting, commissioners had given initial approval to add an Autism Spectrum Disorder (ASD) rider to existing active employee and retiree benefits. It would allow the county to provide health insurance coverage for the treatment of autism, and was on the April 2 agenda for a final vote.

Adding the rider would cost the county an estimated $182,589 this year, according to staff – to be paid to Blue Cross Blue Shield of Michigan. To cover that cost, each county department will be charged on a per-employee basis. In addition, the county will pay for claims made by employees for this benefit, with the assumption that most if not all claims would be reimbursed by the state.

Ellen Rabinowitz, Washtenaw County’s interim public health officer. She is also executive director of the Washtenaw Health Plan.

At its Jan. 22, 2014 meeting, the board received a staff presentation about the possibility of offering such coverage. Colleen Allen, CEO of the Autism Alliance of Michigan, attended that meeting to answer questions and advocate for coverage. The board created a committee to explore the cost to the county for providing employee health insurance coverage for autism. Committee members were LaBarre, Felicia Brabec (D-District 4), and Ronnie Peterson (D-District 6). The committee’s charge was to: (1) investigate the cost and sustainability of coverage of autism spectrum disorders; and (2) recommend a policy providing and funding coverage if the state reimbursement fund is exhausted.

The federal Mental Health Parity & Addiction Equity Act of 2008 mandates that any group plan with 50 or more members – like Washtenaw County government – must offer both medical and mental health benefits. Under more recent federal health care reform, there’s been an expansion of benefits, and mental health benefits are considered a mandatory part of basic health care, starting this year. However, autism isn’t included as part of that mental health mandate.

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

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

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

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

Autism Coverage: Public Commentary

Ryan Schuett, a Washtenaw County employee whose daughter has been diagnosed with autism, thanked commissioners for acting quickly. He talked about the effect that the autism spectrum disorder has on employees. “Speaking humbly, I’m tired – very tired,” he said. In 2013, he worked over 1,000 hours of overtime to cover out-of-pocket costs associated with his daughter’s treatment. He averages between 64-72 hour workweeks, while also trying to be a good father and husband.

As an emergency dispatcher, he deals with other people’s problems while putting his own aside, Schuett said. He enjoys his work, and even more so when he knows he works for an institution that stands beside him. The treatments for his daughter are life-changing, he said. But because of the treatment costs, he has sometimes had to make the decision not to provide it. The board’s decision has made it possible for him not to seek employment elsewhere, Schuett said. Autism is affecting more people nationwide, and isn’t going away. He again thanked commissioners for helping the families of employees.

Autism Coverage: Board Discussion

Felicia Brabec (D-District 4) said she was pleased to see this move forward. It was very poignant that they’d be voting on it that day, she noted, because April 2 is World Autism Awareness Day. It’s a much-needed benefit, she said.

Dan Smith (R-District 2) pointed to numerous county liabilities that are laid out in the comprehensive annual financial report (CAFR), which the board had been presented earlier in the evening. Those are significant, he noted, and the unfunded liabilities will continue to hamstring the board’s ability to be nimble and responsive.

He said he wasn’t happy to see the autism coverage brought forward for a final vote at this time. He supports adding the coverage, but thought it should be part of the board’s regular budget reaffirmation process later in the year. “However, given that it is World Autism Day, I think it would be a little uncouth to vote against this at this point,” he said.

Outcome: Commissioners unanimously gave final approval to adding autism coverage.

First-Quarter Entitlement Grant Update

A report from the county’s office of community & economic development was included in the April 2 agenda, updating the board on the roughly 30 state and federal formula grants administered by the OCED. The grants are awarded based on state or federal allocation formulas. In 2014, those formula grants total about $9.6 million. [.pdf of entitlement grant update]

There was no presentation or discussion of this item.

Recognitions & Proclamations

Several resolutions honoring local individuals and businesses were on the April 2 agenda. Here are some highlights.

Recognitions & Proclamations: Public Health Week

The agenda included a resolution proclaiming April 7-13 as Public Health Week. Ellen Rabinowitz, the county’s interim public health officer, was on hand to present the Washtenaw Healthy Workplace Awards to five local businesses. Each institution has taken great strides to promote healthy behaviors in their work places, she said.

The awardees are:

• National Kidney Foundation of Michigan
• Ann Arbor Area Transportation Authority
• Manchester Community Schools
• Manpower Inc. of Southeast Michigan
• City of Ann Arbor

Recognitions & Proclamations: Ann Arbor Community Center

Reverend Yolanda Whiten, president and CEO of the Ann Arbor Community Center, was presented with a resolution honoring the center for 91 years of service. She has served in that position since 2007.

Reverend Yolanda Whiten, president and CEO of the Ann Arbor Community Center.

From the resolution: “Washtenaw County Board of Commissioners hereby honors and expresses its sincere appreciation and deepest respect to The Ann Arbor Community Center for continuing to achieve its mission: ‘Influenced by a rich African American heritage, the Ann Arbor Community Center is a catalyst for transformation within the city and its greater community. With a primary focus on youth, adults and families, the Ann Arbor Community Center provides programs and services that promote self-reliance, social and economic well-being, diversity and community involvement.’”

Several supporters of the community center attended the meeting and gave Whiten a round of applause.

Communications & Commentary

During the April 2 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: Same-Sex Marriage

During public commentary, Sandi Smith – president of the Jim Toy Community Center board – thanked the board for its help in opening the county clerk’s office for four hours on Saturday, March 22. “It was an amazing experience,” she said. Over 70 couples got married, including some who’d been waiting 20-30 years, she said. “Trust me – you’ll all be on the right side of history on this,” Smith said.

Federal judge Bernard Friedman had issued a ruling on Friday, March 21, 2014 in the case of Deboer v. Snyder. In that ruling, Friedman found that Article I, Section 25 of the Michigan Constitution – which limits the benefits of marriage to unions between one man and one woman – did not advance any legitimate state interest. So the ruling had the effect of making same-sex marriages legal in Michigan.

But the day following the decision, on March 22, the U.S. Court of Appeals for the Sixth Circuit issued a temporary stay on Friedman’s ruling. Michigan’s Gov. Rick Snyder and Attorney General Bill Schuette are appealing Friedman’s decision.

Smith noted that county clerk Larry Kestenbaum was obviously very instrumental in allowing same-sex marriages to take place on the morning of March 22. Smith also thanked county administrator Verna McDaniel, sheriff Jerry Clayton, the clerk’s office staff – including Ed Golembiewski – and the facilities staff, who had to clean up afterwards. She hoped that it would never have to be repeated again, because she hoped the right to marry would soon be open to everybody.

County administrator Verna McDaniel.

Responding to Smith’s commentary – and noting that Smith and her partner, Linda Lombardini, are his friends – Yousef Rabhi (D-District 8) said he was proud of what the county could do in moving this issue forward. It warmed his heart. He noted that during U.S. president Barack Obama’s speech at the University of Michigan earlier that day, Obama had told the audience not to jeer at things they don’t like, but to organize. In that context, Rabhi said Michigan needs a new attorney general – someone who’ll stand up for the people in Michigan and not waste taxpayer dollars in appealing a ruling that provides for marriage equality. Everyone who loves each other should be able to get married, he said. He thanked Smith and Lombardini for their activism.

Conan Smith (D-District 9) said Kestenbaum deserves the most credit. Kestenbaum had asked the board “to do something that was real easy,” Smith said. He noted that it was a tough vote that the board had debated, but it was Kestenbaum’s leadership that made it happen, he said.

By way of background, the county board – at its Feb. 19, 2014 meeting – had approved what’s essentially a fee waiver for the expedited processing of a marriage license, which ordinarily takes three days. The resolution passed by the board on Feb. 19 allows the county clerk, consulting with the county administrator, to establish a “fee holiday” on the day preceding a period during which the office’s vital records division would be closed for four or more days, or when an unusual number of marriage license applicants are expected to appear. During a “fee holiday,” the charge for immediately processing a marriage license is 1 cent.

Last year, Kestenbaum had publicly indicated that he intended to waive fees for same-sex marriages, in anticipation of a court ruling that would allow such marriages. Subsequently, however, his authority to waive fees was challenged, and he learned that the county board would be required to grant that authority.

On Feb. 19, Kestenbaum had told the board that he expected various legal challenges to same-sex marriage bans to wind their way through the federal court system without a specific ruling affecting Michigan, and that his office would be unlikely to see a sudden influx of requests for same-sex marriage licenses.

Communications & Commentary: Coordinated Funding

Felicia Brabec (D-District 4) reported that the process of reviewing applications for coordinated funding is underway.

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

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

During the current funding cycle, 105 applications were received, representing $8.7 million in requests. That compares with 76 in the previous funding cycle, Brabec noted, for requests of $6.6 million. The amount of available funding this year from all partners is $4.4 million. “So it’s a difficult, difficult process,” she said. Brabec is one of 18 volunteer reviewers, plus four staff.

The recommendations will be brought to the board in May.

Communications & Commentary: Misc.

During public commentary, Thomas Partridge referred to U.S. president Barack Obama’s speech at the University of Michigan campus earlier in the day, where Obama advocated for raising the federal minimum wage. Partridge called on lawmakers to provide adequate resources for affordable housing and public transportation. He called attention to the May 6 election, when voters in Ann Arbor, Ypsilanti and Ypsilanti Township will be voting on a new public transit tax for expanded services. He said all public bodies in Washtenaw County should work to weed out corruption. He criticized Gov. Rick Snyder and other Republicans, and urged voters to elect progressive Democrats this year.

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

Absent: Rolland Sizemore Jr.

Next regular board meeting: Wednesday, April 16, 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 board voted to direct county administrator Verna McDaniel to work with community partners to address immediate needs of the homeless. [In general, McDaniel has budgetary discretion to spend up to $50,000 on professional services contracts, and up to $100,000 for any proposed goods, services, new construction or renovation.] The resolution also directs the administration to develop a plan by May 7 for updating the county’s Blueprint to End Homelessness, which was adopted in 2004 but appears to be dormant. The process of updating that plan is to be completed by Oct. 1, 2014.

The agenda item on homelessness was added after about a half dozen advocates for the homeless – including several people who’ve been staying at the Delonis Center homeless shelter in Ann Arbor – raised concerns that the shelter’s overnight winter warming center will be closing on April 6. The warming center is typically open from mid-November through March. It’s located in the shelter’s dining room, and is set up for a maximum of 65 people. Because this winter has been particularly harsh, the warming center has accommodated more than 70 people at times.

Conan Smith (D-District 9) suggested allocating $40,000 to the shelter to keep the warming center open another month. Other commissioners had concerns about throwing money at the shelter without any input from shelter staff, and without knowing specifically how the money would be used. Because the item hadn’t been on the agenda, representatives from the shelter staff weren’t at the meeting.

The county owns the Delonis Center building, but does not operate the shelter. Operations are handled by the nonprofit Shelter Association of Washtenaw County, led by executive director Ellen Schulmeister. Schulmeister had briefed commissioners about services for the homeless at their Feb. 6, 2014 working session. Her briefing had come in response to advocacy from several homeless advocates at the board’s Jan. 22, 2014 meeting, when commissioners had also discussed the need to do more.

The county budget included $51,230 for the Delonis Center in 2013 and that amount was increased to $160,000 this year as part of the regular budget approval process late last year. The county funding is set to increase again to $200,000 in 2015 and remain at that level through 2017. The Shelter Association’s annual budget is $2.583 million.

Some commissioners thought there should be a strategic plan in place before any additional funding is given – and they seemed to assume that such a plan doesn’t already exist. Mary Jo Callan, director of the county’s office of community & economic development, noted that the city of Ann Arbor and several other entities are working on this issue, in partnership with the Shelter Association.

The vote on the resolution was 6-2, over dissent from Republicans Dan Smith (District 2) and Alicia Ping (District 3), who both objected to the process. Rolland Sizemore Jr. (D-District 5) was absent.

Dan Smith called it “completely and entirely inappropriate” to be making policy and budgetary decisions on the fly, in response to a few people who showed up to speak during public commentary. He supported updating the Blueprint to End Homelessness, but thought it was a discussion that should take place at a working session before taking action at a regular board meeting. Yousef Rabhi (D-District 8) responded by saying that commissioners are elected to work for the people. When people come to the board, it’s important to address their concerns in a serious manner, he said.

Because of the length of the meeting, some men who are staying at the shelter missed the 9:30 p.m. curfew. Typically, anyone showing up after that time isn’t allowed inside. Greg Dill, the county’s director of infrastructure management, contacted the shelter staff and made arrangements for the men to be accommodated.

Update: McDaniel has allocated $35,000 to the Delonis Center, which has agreed to keep the warming center open through April 30. The funding will come from the county’s unearmarked reserves.

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

Christopher Taylor (Ward 3) and Stephen Kunselman (Ward 3) sign agendas for students who attended the Feb. 6 meeting to complete a class assignment. (Photos by the writer.)

The AATA had requested the postponement until March 5. The council ultimately agreed to do that, but not before thoroughly debating the merits of March 5 versus March 19, or even some unspecified date in the future. In the end, the resolution to postpone included a stipulation that the mayor or city administrator could take the item off the March 5 agenda, if a funding recommendation and 5-year service plan are not provided to the council by the AATA in a timely way for the March 5 meeting. A meeting of a financial advisory group, co-chaired by McKinley Inc. CEO Albert Berriz and retired Washtenaw County administrator Bob Guenzel, is scheduled to take place on Feb. 29.

In other business, the council approved the tentative award of a $92,929,000 contract with Walsh Construction Company II to undertake a major renovation project at the city’s wastewater treatment plant. During public commentary, the council heard from Glenn Granger, whose company was one of two that had submitted lower bids than Walsh. City staff evaluating the bids did not agree with Granger’s contention that his company had comparable previous experience with a project of similar complexity.

The council gave final approval to a revision to the Arlington Square planned unit development, which grants the developer additional types of uses, without imposing additional parking requirements. The council also appointed a hearing officer for the coming year’s liquor license review process – councilmember Tony Derezinski (Ward 2), who also served last year in that capacity.

Highlights of public participation included commentary from a group that has been advocating for a warming center for the homeless.

Four-Party Transit Agreement

In front of the council for a third time was a resolution that would have established an agreement between Ann Arbor, the city of Ypsilanti, Washtenaw County and the Ann Arbor Transportation Authority, establishing a new framework for governance of local public transportation. The council previously postponed the issue at its Jan. 9 and Jan. 23 meetings. Thirty-nine people spoke at a public hearing held on Jan. 23.

The four-party agreement would expand the area and level of transportation service provided by the AATA by expanding the geographic area of its governance structure. Specifically, under the four-party agreement, the AATA would be incorporated as a transportation authority under Act 196 of 1986.

In advance of the meeting, the AATA had requested that the council delay the vote until March 5.

The previous delays by the council were due in part to a desire to hear a recommendation from a financial advisory group that was scheduled to meet on Jan. 27 – but that meeting was postponed. The group is now expected to meet on Feb. 29. The group is a collection of more than 20 representatives of the public and private sectors, led by McKinley Inc. CEO Albert Berriz and retired Washtenaw County administrator Bob Guenzel. They have met since the fall of 2011.

The day before the group’s scheduled meeting, a 17-bill package was introduced on Jan. 26 in the Michigan house of representatives that provides for the establishment and funding of a regional transit authority that would include Washtenaw, Wayne, Macomb and Oakland counties. However, the AATA has not explicitly cited that new legislation as the reason for the postponement of its meeting.

Four-Party Transit Agreement: Public Commentary

Jim Mogensen reminded councilmembers that he’d addressed them at their last meeting, during the public hearing on the four-party agreement. He wanted to extend his remarks. So far, he said, most of the discussion has involved technical details about service options. Now we’re coming to the part where, he said, “most of us like to look away, because it starts to get ugly.” This next part, he said, is about money and power.

AATA FY 2102 revenue pie chart.

Ticking through the four parties to the agreement and evaluating their power and money, he noted that Washtenaw County has power – the county would be the party to file the articles of incorporation, but is not being asked to contribute any money. AATA has money it brings to the table, he said – through its federal and state grants. He noted that of the AATA operating budget, only 30% comes from Ann Arbor’s local transit tax. He pointed out that even the University of Michigan needs to go through the AATA in applying for federal funding for transportation. The city of Ann Arbor has both power and brings money to the table.

Mogensen described Ypsilanti as “kind of” bringing money to the table [through its purchase-of-service agreement (POSA)]. But for the most part, he said, Ypsilanti doesn’t have money or power.

Mogensen stressed that the AATA is a public entity – it’s not Indian Trails or Greyhound. It’s similar, he said, to the fact that the Ann Arbor District Library is not a bookstore. He pointed out that for the commuter express service into Ann Arbor from Chelsea and Canton, AATA has spent about $100,000 in FY 2011 out of local millage money to fund it. [Total cost of the service was around $320,000.]

During public commentary, Thomas Partridge noted that February is African American history month, so he called for “freedom rides” to promote a transportation system in Washtenaw County that is affordable, accessible, and is an equal-opportunity transportation system.

Four-Party Transit Agreement: Council Deliberations

During his communications time near the start of the meeting, Mike Anglin (Ward 5) noted that the council had had a long discussion about the four-party agreement. He was glad that AATA’s chief executive officer Michael Ford had indicated a willingness to meet with councilmembers before the agreement comes before the council again. Anglin indicated that he felt it’s now an appropriate timeframe in which to ask questions. He reported one such question that someone in the community had asked: Why aren’t members of the AATA board publicly elected, like the library board?

The council’s deliberations began with an amendment to the agreement offered by Sabra Briere (Ward 1), which ultimately was not approved by the council.

Four-Party Transit Agreement: Council Deliberations – 1%

Briere’s amendment would have eliminated the reference to 1% as the amount of the municipal service charge that the cities of Ann Arbor and Ypsilanti could impose on the local millages that they would be contributing to the new Act 196 authority [proposed deletion in strike-through, additions in italics]:

… the tax levy in its entirely to AATA at the 2012 millage rate or as adjusted by State of Michigan statute less a municipal service charge of one percent (1%) of the annual millage at the time of the collection of taxes to be negotiated by the city administrator, of which the portion of the service charge for the collection of any tax levy shall not exceed the allowable maximum under statute for tax administration fees.

Mayor John Hieftje reacted to the proposed change by saying that the specific figure of 1% makes it definite. And he wondered about the choice of the word “negotiated.” Assistant city attorney Mary Fales explained that Act 196, under which the new transportation authority would be incorporated, uses that word. ["Any agreement negotiated under this subsection shall guarantee the collecting unit its reasonable expenses."]

Asked to comment on the proposed change, Michael Ford, CEO of AATA, indicated that he could not comment – AATA’s legal counsel was not present and he was just seeing the proposed change for the first time.

Hieftje suggested the council should go ahead and undertake any changes the councilmembers thought were necessary, even if the intent is to postpone the vote. In the process of taking “little bites,” he felt this might be an appropriate bite. Responding to the view by Tony Derezinski (Ward 2) that there would be additional amendments coming at future meetings, Hieftje felt that it would be beneficial to go ahead and take care of as many of those issues as the council could.

Stephen Kunselman (Ward 3) asked what the “municipal service charge” referred to. It was his understanding that the municipal service charge is something that the city charges to, for example, the golf course enterprise fund to cover overhead. He said the city charges an administrative fee on the collection of taxes already, so he wondered: Is the charge referred to in the four-party agreement an additional charge? Briere ventured that based on the communication she’d had with the city’s CFO, Tom Crawford, she believed it’s the same thing. It’s two different ways of saying the same thing, she ventured.

Kunselman disagreed with Briere, saying he didn’t understand it that way at all. City treasurer Matt Horning provided some clarity on the issue, by explaining that the 1% administrative fee is something charged to taxpayers above and beyond their tax bill. The municipal service charge is something charged within the city’s accounting system to different units.

[What the four-party agreement would do, then, is allow the city of Ann Arbor and the city of Ypsilanti to forward just 99% of their local millages to the new Act 196 authority. The administrative fee does not result in a reduction of millage money forwarded, because it's paid by taxpayers on top of their entire tax bill.]

Christopher Taylor (Ward 3) got clarification that the maximum allowable rate for the tax administration fee is 1%. Noting that Act 196 refers to a negotiation, he wondered if the conversation the council was having, plus the conversations of the other parties, constitute the negotiation? Fales allowed that the four-party agreement could be used as the point of negotiation. But she said Briere’s suggestion would allow flexibility. Taylor agreed that Fales’ description was accurate, but he felt that now was the time when the negotiation is taking place. He appreciated having flexibility downstream – but said the city would be moving down from what it had previously charged. So he said he’d decline to support the amendment as drafted.

Outcome: Briere’s 1% amendment failed, with support only from Anglin, Briere, and Kunselman.

Four-Party Transit Agreement: Council Deliberations – Termination

Briere offered another amendment to add language to the termination clause to make explicit what some of the options are – to which Taylor eventually added the second sentence. He also tweaked the initial sentence so that it referred to withdrawal from the new transit authority, not the four-party agreement.

The City of Ann Arbor may also withdraw from the new TA [transit authority] using any of the methods authorized by MCL 124.458. In the event that the city of Ann Arbor exercise any of the forgoing rights, Ann Arbor may terminate this agreement upon written notice to the other parties.

Briere offered as rationale the fact that much of the conversation has been about the option to withdraw from the Act 196 authority within 30 days after its incorporation. She noted that there are more options than just the 30-day period, and it’s a good idea not to waive any of those options.

Kunselman asked what would happen if the new authority were created and Ann Arbor withdrew. Fales indicated that the agreement would be binding on the other three parties. Responding to a question from Jane Lumm (Ward 2), Fales noted that the council will vote separately on the articles of incorporation.

Carsten Hohnke (Ward 5) got clarification that the added language was clarifying the existence of the city’s rights, not giving it new rights.

Outcome: The amendment clarifying withdrawal options was approved unanimously.

Four-Party Transit Agreement: Council Deliberations – Postponement

Sabra Briere (Ward 1) initially made a motion to postpone the issue to March 19. Jane Lumm (Ward 2) said she did not want the date to be specified. Lumm wanted to make it non-specific and contingent on receiving the funding recommendation and service plan.

Briere noted there are two options – postponing until a date certain or tabling with an uncertain date. She said she felt the March 19 date would address the concern expressed by Lumm. Sandi Smith (Ward 1) objected to the idea of leaving the date uncertain. She said the council should pick a date and shoot for that date. That way the council and the public will know when “we’ll be queuing it up,” Smith said. If necessary, the council can postpone again.

Asked for his thoughts, Michael Ford – CEA of the AATA – indicated that the AATA had asked for postponement only until the March 5 date. The AATA would be prepared with the information on March 5, he said.

Marcia Higgins (Ward 4) had mixed feelings. She noted the Feb. 29 meeting of the financial advisory group, and said that March 5 comes up quickly after that meeting. She was concerned that the council wouldn’t have the time it would need to evaluate the information.

Christopher Taylor (Ward 3) asked Ford if the March 19 date would slow down the AATA too much. Ford replied, “It will slow us down.” Ford reiterated that the AATA could provide the information by March 5.

Taylor expressed his view that the information that some councilmembers want to see before taking a vote on the four-party agreement is not necessary to see. He said it’s an agreement between parties and doesn’t bind the city to enter into a new financing plan. Rather, it creates an analytic process by which to move forward. It’s not law the council is making here, he said. The agreement is binding only according to its terms, nothing more.

Lumm said she wanted to postpone it longer, but was comfortable with March 19. That would also allow time for the community to assess the information. She rejected the idea that it’s important not to lose momentum. “If it’s a good concept today, it’ll be a good concept tomorrow,” she said.

Marcia Higgins (Ward 4).

Higgins indicated that she’d heard people say nobody is pushing this, but she noted that Taylor had reminded the council twice it needs to move forward. She said she was just looking for the final pieces to fall into place. She gets asked frequently by her constituents about the funding piece of the plan. She allowed that the funding is separate from the four-party agreement, but said that the two things come together at some point in time.

As far as a timeline goes, Higgins asked Ford why he could not meet with the city of Ypsilanti and work on their part of the agreement. Ford explained that the AATA has had meetings with Ypsilanti officials, but a lot of people are looking at what Ann Arbor is doing. To be blunt, he said, people are looking for Ann Arbor’s leadership.

Carsten Hohnke (Ward 5) said he shared the view that the financing plan is separate from the four-party agreement. If the council did receive the requested material on Feb. 29 , that’s consistent with the timeframe for which it receives information for its council meetings – on the Wednesday before the next Monday meeting. He did not see a problem with changing the postponement date to March 5.

Briere agreed with Hohnke’s point about the timing of the information. She also agreed with Higgins and Lumm when they said the public would also want a chance to dig into it. After that, she continued, if Ypsilanti, Washtenaw County and the AATA all sign off on it, then the public will have the next several months to dig into it.

Mayor John Hieftje said he felt it’s important to keep the ball rolling. March 5 would be another opportunity to figure out how to amend the agreement.

Lumm objected to that date as too short a timeframe. Stephen Kunselman (Ward 3) wondered why Ypsilanti is even being included the agreement, given its relatively small financial contribution.

Mike Anglin (Ward 5) reminded his colleagues of the concerns they’d heard during public commentary about the financial part of the plan.

Smith noted that on March 5, the four-party agreement can be postponed again if the council decides it needs to be postponed. She noted that “… if Ann Arbor’s not playing, there’s no game.”

Briere reminded her colleagues and the public that the proposed bills in the state legislature, which could alter the funding picture, had only been introduced. Just because something has been introduced doesn’t mean it will pass, she said. Trying to theorize what would happen is a waste of time, she said – we have no control over what happens in Lansing. Tony Derezinski (Ward 2) felt the council tends to overuse postponement. He felt the four-party agreement is a preliminary step and the council should just go ahead.

Higgins was not entirely satisfied with the March 5 date, but extracted an assurance that if the funding recommendation and the service plan were not available, it could be taken off that meeting’s agenda. Hieftje told Higgins that he and city administrator Steve Powers would “get together on that.”

Outcome: The council voted to postpone the vote on the four-party agreement until March 5. Voting against the postponement, because of the date that was specified, were Anglin and Lumm.

Wastewater Treatment Contract

The council considered the tentative award of a $92,929,000 contract with Walsh Construction Company II LLC to undertake the work associated with the facilities renovation project at the city’s wastewater treatment plant. The “tentative” award is a requirement for receiving a low-interest loan from the state’s revolving fund loan program, which is administered through Michigan’s Department of Environmental Quality.

The city reviewed six bids: Lakeshore Toltest Corp. ($83,302,048); Granger Construction Co. ($89,990,000); Walsh Construction Co. II LLC ($92,929,000); Walbridge ($95,380,441); Hunt/Colasanti ($99,990,000); and Barton Malow Co. ($102,884,000).

The firms making lower bids were found by city staff not to be sufficiently qualified to undertake the specific work, because they did not have experience as a general contractor in charge of a wastewater treatment facility construction project with a similar complexity and size.

Wastewater Treatment Contract: Public Comment

During his turn at public commentary at the start of the meeting, Kermit Schlansker did not address the specific issue of the wastewater treatment contract. However, he did reprise a theme on which he has addressed the council for nearly 20 years: energy conservation and municipal sewage disposal. From the Sept. 7, 1994 city council minutes:

Kermit Schlansker, 2950 Marshall St., stated that cities should start building their own power plants because small facilities are more energy conserving and cheaper than large facilities. He voiced concern with the status quo in energy conservation and expressed the need for the creation of an environmental science commission staffed with experts to accomplish such conservation projects. Mr. Schlansker stated that conservation is cost effective and essential in achieving a sustainable society.

Schlansker is a former aerospace engineer for Allied Bendix.

At the Feb. 6, 2012 meeting, Schlansker told the council that sewage disposal is more effective if there are multiple goals. He called for recycling sewage, suggesting that the southwest side of the city should have an experimental sewage plant. If we don’t start to use sewage as fertilizer for crops, millions will starve, he warned.

Glenn Granger of Granger Construction Co. addressed the council during public commentary, objecting to the assessment of the city’s staff that his firm had no similar previous experience.

Glenn Granger of Granger Construction Co. In the background is councilmember Stephen Kunselman (Ward 3).

Granger pointed specifically to a $70 million project in Wyoming Township that he contended was comparable. He allowed that the total dollar value was somewhat less than the $90 million contract for Ann Arbor’s wastewater treatment facility, but said from the point of view of the dollar value of construction expected per year, it was comparable.

Granger described wastewater treatment and solid waste as “within our wheelhouse,” noting that the very first construction project he’d been involved with in his career was a wastewater treatment facility. So he said he was confused by the city’s assessment. Noting that some students from Skyline High School were in the audience, he told the council that Granger was the contractor for that project, as well as many other local building projects. Granger asked the council to delay their consideration of the contract.

Wastewater Treatment Contract: Council Deliberations

Mayor John Hieftje noted that while his name is given on the agenda as the sponsor of the resolution, he’s not responsible for the hard work that went into it.

Christopher Taylor (Ward 3) led off deliberations by asking that Craig Hupy to come forward to the podium to answer questions. Hupy is interim public services area administrator in the wake of Sue McCormick’s resignation late last year. She took a job heading up Detroit’s water and sewerage department.

From left: Earl Kenzie, unit manager at the city's wastewater treatment plant, and Craig Hupy, interim public services area administrator.

Taylor noted that the council had received communications from the unsuccessful bidders on the project. Taylor told Hupy that he was looking to have him confirm and affirm the rationale for the selection of Walsh.

Hupy stressed that the rationale has nothing to do with Granger’s ability to perform as a general building contractor. The firm has wide experience in that area, Hupy said.

Hupy addressed the specific issue of the Wyoming Township project, which Granger had cited as a comparable project. That is a drinking water treatment plant, he said, whereas Ann Arbor’s project is a wastewater plant. The Wyoming Township facility, he said, was built adjacent to the existing facility, with service switched over to the new facility in one step. The Ann Arbor project, he said, would require demolishing out sections of an existing facility and switching over service step by step over time. Hupy described it as involving multiple cutovers and tie-ins. It’s a different complexity than the Wyoming facility.

Carsten Hohnke (Ward 5) asked what was “tentative” about the contract award. The explanation is that it’s a required step for receiving a low-interest loan from the state’s revolving fund loan program, which is administered through Michigan’s Department of Environmental Quality.

Earl Kenzie, unit manager at the city’s wastewater treatment plant, responded to a question from Mike Anglin (Ward 5) by walking the council through the process used to review the bids.

The staff took a look at the three low bids and based on a review of those bids, the city submitted written questions to the three lowest bidders. Those bidders were then brought in to discuss the answers that had been given.

Jane Lumm (Ward 2) wrapped up the deliberations by saying that the project’s engineering firm, Malcolm Pirnie of Michigan Inc., had provided a detailed memo on the selection of the contractor. She characterized the evaluation process as “quite robust.”

Outcome: The council voted unanimously to approve the tentative award of the wastewater treatment facility construction contract to Walsh Construction.

Arlington Square PUD

The council considered final approval to changes to the supplemental regulations of a planned unit development (PUD) for Arlington Square. The changes to the PUD supplemental regulations would allow for urgent care and restaurant uses at the site, with no additional parking. No exterior changes are proposed.

The two-story, 51,285-square-foot retail and office complex is located at 3250 Washtenaw Ave. – the southeast corner of Washtenaw Avenue and Huron Parkway. An 8,000-square-foot space in the complex, where Hollywood Video was formerly located, is vacant, and the owner would like to have the option of leasing the space to a restaurant or urgent care facility.

The current PUD zoning, which was approved in 1989, allows for certain C3 (fringe commercial) uses, but due to an increased need for parking that would be created, the original regulations did not allow for (1) restaurants with seating, (2) barber/beauty shops on the first floor, or (3) office uses on the second floor, with the exception of medical/dental offices.

The site includes 200 parking spaces. To accommodate potential increased parking demand, the building’s owner – Nadim Ajlouny of Orchard Lake, Mich. – is offering to provide bus passes to all employees on the site and to provide an additional 14 enclosed bicycle parking spaces.

The city planning commission, at its meeting of Dec. 6, 2011, had recommended approval of the request.

The city council had given its initial approval at its Jan. 9, 2012 meeting. Because change to the PUD is a change to the city’s zoning, the change is subject to the requirements of any ordinance change, which include a second and final approval by the council as well as a public hearing.

Arlington Square PUD: Public Hearing

As he typically does at any public hearing involving zoning changes, Thomas Partridge called for zoning that accommodates the need for equal access to transportation and affordable housing.

Steve Dykstra of Hobbs + Black Architects appeared to indicate essentially that he was available for any questions.

Arlington Square PUD: Council Deliberations

One question that arose during the council’s initial deliberations on Jan. 9, 2012 involved the number of parking spaces that are actually on the site.

During deliberations on Feb. 6, Stephen Kunselman (Ward 3), who had questioned the number of spaces, reported that his question had been answered, noting that the spaces were located under the building, and thus had been hard to find. [.pdf of site schematic]

Kunselman said he had some concerns due to the fact that it’s a “tight corner.” He said that some residents had asked about the entrance off Huron Parkway. It requires turning right then immediately turning left. Kunselman described the turn as “awkward.” Kunselman asked how that entrance is expected to function if the traffic will increase, based on new uses. Dykstra told Kunselman that when the building previously had been fully rented [it's currently partly empty] there were no issues with traffic. He added that no physical changes are being made to the site.

Kunselman pressed the issue of possibly increased traffic flow. Dykstra indicated that he didn’t think that there would be any additional traffic flow beyond what the site experienced when it was fully rented. The additional specific use is an urgent care facility and that looks like it will actually generate somewhat lower traffic volumes. Kunselman noted that the PUD regulations indicate that an annual traffic monitoring report is supposed to be done. Dykstra indicated that had been done only once in the past and said that the developer would be more careful with that.

Kunselman then asked Wendy Rampson, head of city planning, what would happen if the traffic monitoring report indicates an increase in traffic flow. Would there be any opportunity to address that? Rampson indicated that yes, the city would be able to approach the developer and work on ways to mitigate or reduce the additional traffic flow – through carpooling or bus passes.

Outcome: The council voted unanimously to give final approval to the additional uses specified in the Arlington Square PUD.

Liquor Hearing Officer & Transcript Fees

The council considered the appointment of Tony Derezinski (Ward 2) as the hearing officer for annual liquor license renewal and revocation. Derezinski serves on the council’s liquor license review committee along with Mike Anglin (Ward 5) and Jane Lumm (Ward 2). Also before the council for separate consideration was a resolution to set the fee for transcripts of any hearings.

Ward 2 councilmembers Tony Derezinski and Jane Lumm.

Early last year, at the council’s March 7, 2011 meeting, councilmembers had approved Derezinski as hearing officer. That came amid some minor controversy as then-chair of the liquor license review committee Stephen Rapundalo (Ward 2) had made clear that his expectation before the council’s meeting was that there’d be a hearing panel consisting of the three members of the liquor license review committee.

During deliberations this year, Marcia Higgins (Ward 4) noted that the date specified goes past the end of Derezinski’s term – he’ll need to stand for election this year. Higgins said she hoped that Derezinski is running again, but wanted the date set to Nov. 8, 2012, which is the first council meeting after the Nov. 6 election. [Derezinski has stated publicly that he's running again.] She also wanted to fold the appointment of the hearing officer into the regular council appointments list. Derezinski indicated that was fine with him.

Derezinski described how the liquor license review committee does an annual review of all 121 licensees in the city. That allows the committee to recommend renewal or non-renewal. That approach also allows the city council to recommend non-renewal to the state liquor control commission. The process was established a year ago, he said. Former councilmember Stephen Rapundalo had a lot to do with setting up an orderly process for the review, Derezinski said. Licensees pay a fee to have it reviewed, which covers the cost of the process. The review involves fire department officials, the building department and the police. He described how a number of form letters are sent out.

Derezinski reported that a “usual item” that’s discovered is non-payment of fees and taxes by licensees. Last year the amount came to about $46,000. He continued by saying that every once in a while, a pattern of unacceptable conduct is identified. Last year, there were two establishments that fell into that category, he said. The committee is starting the process again this year.

Derezinski noted that petitioners are entitled to basic due process. That can include an appeal, which has an associated hearing that’s treated as an evidentiary hearing. One of the hearings last year took about four and a half hours and included a lot of contradictory statements. The deadline for completing the review process is March 30, he said, in order to make recommendations to the city council, which then makes recommendations to the state liquor control commission. The form letters have been sent out, he said, and the city is starting to get responses.

Derezinski also noted that there’s a procedure to undertake revocation of a license, outside the context of the annual review and renewal. That hasn’t yet been necessary, he said, venturing that the threat of that is as powerful as the exercise of the authority.

Anglin, who serves on the liquor license review committee with Derezinski, said that Derezinski had done a good job last year. He ventured that licensees want to cooperate with the committee, and said he thought it’s difficult to operate a business in a large student area.

Lumm, who replaced Rapundalo on the city council and on the liquor license review committee, described the committee as “ably chaired” by Derezinski, and thanked him for volunteering his expertise and time to serve as hearing officer.

Outcome: The council voted unanimously to appoint Derezinski as hearing officer.

On the issue of the transcript fee, Derezinski noted that a transcript of a hearing can be made available if there’s an appeal or someone doesn’t like the decision that has been made. Generally, no transcript is made, but the hearing is recorded.

The resolution that set the fee did not do so in terms of a dollar amount, but rather set it to be equal to whatever the actual cost of the transcription service is. Sabra Briere (Ward 1) noted that no information is included about what the cost per hour is. Assistant city attorney Mary Fales told Briere she’d done some preliminary checking – the average cost is about $3.50 per page. There are additional services that can be requested, like getting the transcript on a disk. She described it as a “pass through” cost.

Briere wanted to know if someone would know before they ordered a transcript how much it would cost, or if someone would need to wait until the transcript is complete. Fales indicated that transcribers can estimate based on how long the hearing lasted.

Marcia Higgins (Ward 4) wanted to know who would be performing the service. Would the city be hiring someone? She ventured that this kind of fee should be set with the other fees that are set with the approval of the annual city budget.

Outcome: The council voted to approve the transcript fees as the actual cost charged by the transcription service. Higgins dissented.

Re-Funding Bonds

The council considered approval of the issuance of $2,850,000 of bonds to refinance the outstanding principal amount of Michigan Transportation Fund Bonds for the Broadway bridges project. After factoring in bond issuance costs, the city expects to save around $185,000 over the next 11 years.

Council deliberations were brief. Mayor John Hieftje said he appreciated the work of the city’s financial staff. Jane Lumm (Ward 2) also praised the city staff. When Hieftje mentioned that the refinancing was being done for the Broadway bridges project, Sabra Briere (Ward 1) said that point warranted repeating. Many people have forgotten that the city had financed that project.

Outcome: The council voted to approval issuance of the re-funding bonds.

Communications and Comment

Every city council agenda contains multiple slots for city councilmembers and the city administrator to give updates or make announcements about important issues that are coming before the city council. And every meeting typically includes public commentary on subjects not necessarily on the agenda.

Comm/Comm: Leasing Ordinance

During her communications, Jane Lumm (Ward 2) told her council colleagues that she’d been approached by members of the Washtenaw Area Apartment Association about the city’s leasing ordinance. She also reminded council that on the same issue they’d heard from Michael Benson, president of the graduate student body at the University of Michigan. At issue is a provision in Ann Arbor’s leasing ordinance, approved by the city council in 2008, which is supposed to prevent landlords from renting or showing an apartment to another renter until 70 days of the current lease period has passed.

Lumm reported that Benson will be scheduling a couple of forums and depending on the feedback from those forums, some recommendations will be forthcoming. She hoped some improvements could be made in the ordinance – some people might like to see the time period requirement repealed, and that might be the best solution, she said. She told the council that she’d give them a heads up when any meetings are scheduled.

Mayor John Hieftje responded to Lumm by saying he felt that people would be happy to entertain discussion of the issue, but he asked that any changes be completed before the end of the semester. The time period requirement had been added to the ordinance because of student concerns, and he wanted want to make sure their input was considered before any changes were implemented.

Comm/Comm: DDA TIF Report

During his communications time, Stephen Kunselman (Ward 3) contended the council had not yet received the annual report from the Ann Arbor Downtown Development Authority for the fiscal year 2011, which ended June 30, 2011 and for which the audit was complete. Kunselman said he hoped that either mayor John Hieftje or Sandi Smith (Ward 1), who both serve on the DDA board, could ensure that report is forwarded to the council.

In an email sent to Kunselman the following afternoon, Smith pointed out to Kunselman that the DDA’s annual report had been included in the council’s information packet for its meeting a month earlier – on Jan. 9, 2012. [.pdf of Smith email to Kunselman][.pdf of TIF report]

The TIF (tax increment finance) report shows estimated assessed property value in the district of $392,193,873, of which $140,612,435 is captured value. That’s the increment on which the DDA’s tax increment finance mechanism “captures” the taxes that other taxing authorities would otherwise receive. On that captured value, the DDA received $3,419,042 in revenue. The TIF report also shows outstanding bond indebtedness amounting to $77,854,652 in principal and $39,492,937 in interest for a total of $117,347,589.

Comm/Comm: Recognition of Volunteers

Two residents were honored by separate mayoral proclamations for their volunteer work in assisting the Ann Arbor police department and the broader community: Diane Schillack and Beverly Robbins.

Stephen Kunselman (Ward 3) stood with Robbins as she received her proclamation. After a pause for some photographs, Kunselman delivered a few remarks about Robbins. He called her his “other mother” and her two three sons his brothers, her dad his “gramps.” He said it’s a testament to her good nurturing that he is where he is today, and he gave her a hug to conclude his remarks.

Comm/Comm: Energy Website

Andrew Brix, the city’s energy coordinator, gave the council an update from the energy office. As part of the emphasis on energy savings throughout the community, the energy office has launched a new website: a2energy.org One of the slogans featured prominently on the site reads “Caulk is cheap.” Brix observed that for most homes in Ann Arbor, the two most effective measures to take are air sealing and attic insulation.

Comm/Comm: Year of the Co-op

A mayoral proclamation was issued in honor of co-op businesses in the community – 2012 has been declared “International Year of the Cooperatives” by the United Nations.

Eric Lipson, a former city planning commissioner who is general manager of the Inter-cooperative Council, presented a mug to the council with the twin-pine symbol of co-ops.

Tiffany Ford, new president of the University of Michigan Credit Union, also delivered some remarks to the council, thanking them for the recognition, and reviewing some of the history of UMCU – it was established in 1954.

Comm/Comm: Student Visitors

A large number of students from local schools attended the council’s meeting to satisfy requirements for a class.

Some teachers require students to obtain a signature from a councilmember on an agenda in order to attest to their attendance. So towards the start of the meeting, mayor John Hieftje paused the proceedings and asked students to take the opportunity to get a signature, so as not to distract councilmembers later during the meeting, when students left. He joked that if they left early that he and councilmembers would call their teachers. A student shot back from the audience: “Do you know our teachers?”

Herb David, owner of the eponymous guitar studio located on the corner of Liberty and Fifth Avenue, and Ali Ramlawi, owner of the neighboring Jerusalem Garden, were seated in the audience, having signed up for a public commentary reserved slot. In their remarks, they both addressed the challenges they face in their downtown location – caused by the closure of Fifth Avenue during the construction of the new underground parking structure. When Hieftje brought up the topic of student visitors getting signatures from councilmembers, David quipped to Ramlawi: “I’d like to get one, too – on a check!”

Comm/Comm: Fifth Avenue Underground Parking Garage

Herb David told the council that his business – the Herb David Guitar Studio – would be celebrating its 50th anniversary this year. He said he’s enjoyed his situation in Ann Arbor. He contended that Ann Arbor’s downtown is changing from one that is people-oriented to one that is characterized by franchise cookie-cutter businesses. The character of downtown is being destroyed, he contended, and he blamed part of that on the construction of the new Fifth Avenue underground parking garage. He noted that before that, the Internet had already started to have a negative impact on downtown retail.

David told the council that the city gives tax abatements to businesses it wants to attract. What about people you want to retain? he asked councilmembers. People come to his guitar studio from all over the world, and the studio has been written up in various publications. “I think I’m worth supporting,” he said. The council should think about positive ways to support the businesses that bring more people here.

Near the start of his remarks, Ali Ramlawi – owner of Jerusalem Garden – welcomed Jane Lumm (Ward 2) to the council. [She was newly elected in November 2011, having served previously in the mid-1990s.] Ramlawi said he was interested is seeing if Lumm can bring “progressive ideas to a hungry audience.” He said he understood why she ran as an independent and why she won as an independent. About his fellow Democrats, he said, “These are not my daddy’s Democrats.”

Ramlawi told councilmembers that he was there to address them because his neighbor, Herb David, had asked him to come and speak. Fifth Avenue has been closed since August 2010. He’d been told the street would be open again in August 2011. “We want to know when the road will open,” he told the council. Herb David is going into his nest egg, Ramlawi said. Ramlawi’s own business is back to normal – but that’s due to the increase in his catering business to the University of Michigan. He characterized his in-house traffic as “in the toilet.” He told the council he’s used up all his rainy day funds.

Ramlawi ventured somewhat sardonically that he should thank the council – what doesn’t kill you will make you stronger. He allowed that after the road opens, he will have a stronger business than he had before. But he noted that the downtown has lost three or four retailers in the last year, and some of that loss he attributed to the construction. He described the Ann Arbor Downtown Development Authority, which is overseeing the parking structure’s construction, as “whisky drunk” on parking revenue. He urged the DDA to stop focusing on the parking system as a source of revenue and to focus on funding police foot patrols and dealing with panhandling issues. People come downtown for arts, culture and food, not to park in a structure, he concluded.

Comm/Comm: Warming Center, Affordable Housing

Several people addressed the council during public commentary about their desire to see a day shelter set up for use as a warming center for the homeless.

Alexandra Hoffman told the council that she’d heard the issue of homelessness described politically as “a hot potato.” She ventured that, “It’s time to get some oven mitts.” She told the council that they shouldn’t shy away from the issue.

Alexandra Hoffman at the podium addresses the council, advocating for a warming center.

Mary Johnson challenged notions of who the homeless are and what they’re capable of. She described the writing workshop at the St. Andrews Episcopal Church that’s offered to homeless people. She told the council that promises have been made to provide affordable housing that remain unmet. She said homeless people would like to contribute back to the city – they can become powerful city volunteers, she said.

Orian Zakai reminded the council that she’d spoken to them twice before about the need for additional warming spaces in the city available all hours of the day and night. Her group has narrowed their request to just daytime. But she told the council that support from the city has failed to manifest itself in a tangible way. She said her group could use help from people with influence who can pick up their phones and make things happen. She’s still waiting for any action on the possibility of using the city-owned 721 N. Main building as a warming center, she said.

While the group is waiting, she said, they’d undertaken their first creative project, during their regular meetings. They’d decided to build a cardboard house – if no one gives them a house, they’d build one themselves, she said. Two walls of the house tell the story of the 100 units of affordable housing that were removed from the downtown area, when the old YMCA building deteriorated to the point that it became uninhabitable and needed to be demolished.

Lily Au was critical of two projects intended to increase the supply of affordable housing – the Near North project, which she described as having high construction costs, and 1500 Pauline, which she said actually resulted in the loss of 15 units of housing.

Alan Haber told the council that they’d been putting out a lot of prayer to hold off the winter. [It's been a mild winter so far.] He said the group of warming center advocates had been given a tour of the city-owned 721 N. Main property by Ralph Welton, the city’s chief development official. Subsequently, Haber said, no one has been responding to their phone calls.

During his communications time, mayor John Hieftje responded to some of the commentary by saying that the city had been working diligently to replace the 100 units of affordable housing that previously existed at the former downtown YMCA. Not all of it is in a single place, he said, but he said that 70 additional units have been created.

Sabra Briere (Ward 1) followed up on Hieftje’s remarks by asking him if it weren’t the case that he’s meeting with people on that issue, which he confirmed he was. Parties to the conversation that he named were the Washtenaw Housing Alliance, H-PORT (Homeless Project Outreach Team), the Washtenaw County administrator and the nonprofit Dawn Farm. He concluded that the need is being met and no one is being turned away. A detox unit has been opened not far from the Delonis Center, he said, for those who are not sober and can’t come into the shelter. No one is outside, he contended, “unless they desire to be out in the cold.”

Present: Jane Lumm, Mike Anglin, Margie Teall, Sabra Briere, Sandi Smith, Tony Derezinski, Stephen Kunselman, Marcia Higgins, John Hieftje, Christopher Taylor, Carsten Hohnke.

Next council meeting: Tuesday, Feb. 21, 2012 at 7 p.m. in the second-floor council chambers at city hall, 301 E. Huron. [confirm date]

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Marsha Chamberlin and Christopher Taylor (Ward 3) before the start of the Ann Arbor city council's Dec. 5 meeting. Chamberlin is chair of the Ann Arbor public art commission. (Photos by the writer.)

At its Nov. 21 meeting, the council had given initial approval to ordinance revisions that included temporarily reducing the required 1% allocation to public art from all city capital improvement projects, dropping the amount to 0.5% for the period from 2012 to 2015. Neither that provision, nor one that would have required allocated funds to be spent on public art within a specific period of time, survived a final vote. What did survive was a prohibition against using general fund dollars for public art projects, as well as an exclusion of sidewalk repair from the definition of projects triggering the public art requirement.

Councilmembers who had previously argued for the temporary reduction, but changed their positions after intense lobbying by the arts community – both privately and at the lengthy public hearing – included Sandi Smith (Ward 1), Christopher Taylor (Ward 3) and mayor John Hieftje. All face possible re-election campaigns in 2012. Questions about the legal foundation of Ann Arbor’s public art program, which taps utility fees and dedicated millage funds to pay for public art, were raised again at the meeting by Stephen Kunselman (Ward 3).

In other significant business, the council gave final approval to an expansion of the area around Ann Arbor that is eligible for protection using funds from the voter-approved greenbelt millage.

The council also approved its side of a deal to contract out Ann Arbor police dispatching services to the Washtenaw County sheriff’s office – at an annual cost of $759,089. The city expects eventually to save $500,000 a year with the move, which will entail laying off all of the city’s current dispatchers, not all of whom would be able to obtain employment within the expanded sheriff’s office dispatch operation.

The council also formally tabled a proposed ordinance that would have provided residents with the ability to forbid the delivery of newspapers to their property – by posting a notice on their front doors. The city’s code already prohibits depositing newspapers onto sidewalks.

A sidewalk along Dexter Avenue, east of Maple Road, was the subject of a special tax authorized by the council to be applied to property owners there. The city will use the funds to construct a continuous sidewalk along that stretch, and make curb and gutter improvements.

The council took care of several housekeeping issues, including approving its set of rules for the coming year and making its committee appointments. Those included the appointment of Christopher Taylor (Ward 3) as the council representative to the board of the local development finance authority – replacing Stephen Rapundalo, who was defeated by Jane Lumm (Ward 2) in the Nov. 8 election. But Rapundalo was appointed as a citizen representative to the board and will thus continue to serve on that body. Council committee appointments were only slightly shuffled, because Lumm was assigned to a number of spots Rapundalo had previously filled.

At the end of the meeting, Hieftje announced a nomination to replace Sue McCormick on the board of the Ann Arbor Transportation Authority – Eli Cooper. Cooper has previously served on the AATA board and is the city’s transportation program manager.

Highlights during public commentary included advocacy for a 24/7 warming shelter to be staffed by volunteers from the community, and support for 14-year Ann Arbor resident Lourdes Salazar Bautista, who faces deportation later this month.

Public Art Program

The council considered final approval of a revision to its public art ordinance that would temporarily reduce the amount allocated from all capital project budgets to public art from 1% to 0.5%. The city has a law – enacted in 2007 – that requires 1% of all capital project budgets to include 1% for public art, with a limit of $250,000 per project. At its Nov. 21 meeting, the council had given initial approval to the reduction, as well as other ordinance amendments.

The initially approved reduction applied for just the next three years, from fiscal year 2012 to 2015. That three-year timeframe was also a key part of a sunsetting amendment to the public art ordinance. The sunsetting amendment would have required that future funds reserved for public art under the ordinance be encumbered within three years. Money that was unspent or unencumbered after three years would have been required to return to its fund of origin. The language of the amendment would have made it possible for the council to extend the deadline for successive periods, each extension for no more than six months.

Councilmembers Sabra Briere (Ward 1) and Stephen Kunselman (Ward 3).

The sunsetting clause had been proposed in response to criticism about the pace at which public art has been acquired. More than $500,000 has accumulated for public art over the last five years just from projects funded with the street repair tax – money that has yet to be spent on the acquisition of public art. Critics of the program also point to legal issues connected with the use of dedicated millage funds or fee-based utility funds for public art.

Two other amendments – that did receive final approval by the council on Monday – included a definition of capital improvement projects that excludes sidewalk repair from the ordinance requirement. Voters on Nov. 8 approved a new 0.125 mill tax that is supposed to allow the city to take over responsibility for the repair of sidewalks. Previously, sidewalk repair was paid for by adjacent property owners.

The amendments before the council for final consideration also excluded the public art ordinance from applying to any capital projects funded out of the general fund. Such projects are rare. [Additional Chronicle coverage: "Council Preview: Public Art Ordinance"]

Public Art Program: Public Hearing

As with all changes to city ordinances, a public hearing was held before the council took its second vote on the public art ordinance amendments. Most but not all spoke against the idea of reducing the 1% funding. The public hearing included many of the same personalities who have previously addressed the council on the topic. Here are some highlights.

Thomas Partridge, noted that his deceased mother was an artist, so it was only reluctantly that he was asking that the ordinance be amended to cut funding. The program had been so fully funded that it had enticed the mayor and council to a lapse in judgement that had led them to purchase a $750,000 object [the Dreiseitl fountain] that looks like it came out of a junkyard, he said.

Brenda Oelbaum told the council that her mother is on life support in Toronto and she’d traveled back to Ann Arbor because she felt that public art is on life support. She contended that the talk of Ann Arbor in a financial crisis is exaggerated, citing as evidence the fact that she’d gone to dinner on Thursday and waited for an hour in a place that wasn’t cheap. Where’s the recession? she asked. Ypsilanti and Detroit are suffering, but Ann Arbor, she claimed, is not suffering.

Cheryl Elliot, president and CEO of the Ann Arbor Area Community Foundation, spoke in support of the public art program, calling art the “gift that keeps on giving.”

Alan Haber encouraged the council to maintain the full amount of funding. He suggested bringing art from Ann Arbor’s sister cities around the world and displaying it in an art exchange.

Paul Hickman introduced himself as the owner of the home furnishing company Urban Ashes. He told the council he felt that something was being critically missed in the conversation. He asked how many people in the room had had a mentor – several people raised their hands. He said that his bridge from school to work was working with a professor doing public art in 1999-2000, which was funded through Arizona’s Percent for Art program. That bridge connected him to the trades and techniques of public art and took him into a career, he said. It’s allowed him to be able to do what he really loves to do, he said.

If councilmembers had not heard of Urban Ashes, Hickman told them, they would eventually hear about it. Six years ago he and his 5-year-old son had started working with disadvantaged kids in Brighton. The benefit of public art goes beyond the visual impact on the community, he said. Art is a profession, and it’s taught him an incredible way to give back to the community.

Shoshana Hurand, one of the organizers of FestiFools, expressed her support for the public art program, saying it makes economic sense.

Margaret Parker and Marsha Chamberlin, who both serve on the public art commission, spoke in support of maintaining the funding the same way it had been previously mandated. Parker said that cutting the percentage from 1% to 0.5% brings no new revenue to the city. She insisted that the amounts the council was discussing were “pennies.” Parker said the reason that so little art had been created up to now was that not enough money had been allocated for administering the program.

Chamberlin told the council that Ann Arbor is not a sleepy college town. She acknowledged that public art is well funded, judging by the amount that had been generated to date. The volunteer commission had started the ball rolling, she said. It sets a bad example to reduce the funding, she said. Having a three-year deadline for encumbering funds with the council extension is understandable, she said, but not a reduction from 1% to 0.5%.

Odile Hugenot Haber lamented the fact that funding for art is now pitted against social services.

Alexandra Hoffman introduced herself as a University of Michigan PhD student. She’s working with the group trying to establish a warming center. She told the council her group is not against public art folks, but invited the council to come help at the warming center.

Nancy Kaplan told the council she appreciated the effort they’d made to amend the ordinance. She said she also appreciated the hard work of the public art commission. She allowed that everyone appreciates public art, but said that the debate is not about art itself, but rather the method of funding. She called for a fresh start, with a public vote on public art. She told the council they should put a vote for art on the November 2012 ballot. That would provide a clarity for the funding source, she said, clarity on the amount so that it could be counted on, clarity on the duration of the program and clarity on the design – the design of a piece of art could be untied from the purpose of a particular funding source.

Kaplan said that currently the art fund is flush, and the temporary funding reduction would give the commission a chance to “catch up.” Kaplan told the council that it’s the funding mechanism that is tying the community in knots.

Public Art Program: Council Deliberations

Sabra Briere (Ward 1) led off deliberations by saying that after the council’s last meeting, she had a chance to look at the amendments to which the council had given their initial approval and to think over the implications of the changes for funding and policy. She said she was terrifically impressed with the passion expressed by the public in support of art. For her part, she said what they’re really talking about is the funding mechanism – not particular activities like FestiFools or the art fairs. The council is talking about funding mechanisms and priorities, she said. When the council established the ordinance, it had not clarified what it meant by “capital improvement” and didn’t look 3-4 years into the future to see what kind of funds would accumulate.

If the revision passed, it would allow the public art commission to take a breather and look at how it’s going to implement policies it has established – without amassing as much funding as the program has in the past three years. As proposed, the funding would automatically revert from 0.5% back to 1%, she said. The ordinance also doesn’t affect the fund balance that’s already there – it addresses only funding alloted for public art after July 1, 2012. She characterized it as a very narrow ordinance.

Jane Lumm (Ward 2) reflected on the lively discussion at the previous council meeting, saying that it had added to the discourse on the issue. She agreed with Briere’s emphasis on the funding source. In response to those who questioned where funding for new projects could come from if the funding were reduced, Lumm suggested partnerships with the private sector.

Councilmembers Tony Derezinski (Ward 2) and Jane Lumm (Ward 2) before the start of the Dec. 5 meeting.

Lumm said she’d support the temporary reduction to 0.5%. Lumm responded to the rhetorical tactic from Tony Derezinski (Ward 2) and Margie Teall (Ward 4) at the last council meeting, when they’d said you can’t claim to support public art at the same time you reduce funding. She agreed with the remarks of Stephen Kunselman (Ward 3) from the previous meeting, who’d noted that the council had also said it supported public safety at the same time the council reduced funding for it. Lumm said that’s a black-and-white view of things that is not appropriate. Taxpayers expect adjustments, she said. It comes down to tradeoffs and difficult choices, and she called on the council to get away from emotional demagoguery. A vote to temporarily reduce funding of public art doesn’t mean someone is anti-public art, she said. Lumm said she’d see things differently if the earmark for public art were based on a vote of residents.

Mike Anglin (Ward 5) said it’s important to provide an amount that’s sufficient for the program  to be successful.

Objecting to Lumm’s allusion to public safety, Christopher Taylor (Ward 3) felt that conversations about public safety don’t have a place in this context. Bringing up public safety clouds the issue and misleads listeners, he contended. It’s capital money that is set aside – it can’t be used for public safety operations. He said he strived to find with this, as with other issues, some measure of balance. When the council had first considered the issue, he said, he was conflicted about reducing the funding temporarily to 0.5%.

The metaphor Taylor had introduced at the last meeting was one of pruning a plant. Taylor said it’s a useful metaphor, but he’d begun to doubt it’s applicability. What benefit would accrue to the program? he asked. He had yet to hear of a capital project that couldn’t be put forward, due to the public art program. He felt the program would benefit from an increased focus on staffing and administration, but had come to doubt that the temporary reduction would be useful.

Because Taylor did not feel the reduction would be useful, he said he would be proposing two amendments – to eliminate the temporary reduction in funding, and to eliminate the requirement that the money either be encumbered within three years, or else returned to its fund of origin.

Tony Derezinski (Ward 2) agreed with Taylor and said that Taylor’s remarks had encapsulated a lot of his own thinking. It would be a step backward, said Derezinski, who also serves on the public art commission. What kind of signal would it send? He said he was in favor of keeping the funding level at 1%. He suggested that an administrative solution needed to be found.

Sandi Smith (Ward 1) said she’d twice supported the reduction of funding for the public art program. [At the council's Dec. 21, 2009 meeting and at the council's May 31, 2011 session, she'd voted for a reduction in funding.] Smith said she felt she’d been pretty consistent with the way she carries votes forward. The more she reflected on why she felt the way she did about the art program, the more she thought it might be because of a lack of more obvious progress.

The more Smith read about how to turn a place around and the reasons why people are drawn to a place, the more she wondered if reducing the funding was the right move. An epiphany came to her, she said, when crunching through the numbers and seeing the funding levels for the next three years for 1%, 0.5% and 0.25%. The difference between them, she said, is about “a buck and a quarter” per resident.

In talking about proposing an amendment, Smith said, Taylor had beaten her to the punch.

Carsten Hohnke (Ward 5) said he supported the amendment, because maintaining funding at 1% is the right thing to do. He weighed in against executing a strategy to do everything at absolute minimum cost. He noted that Lumm had pointed out that having a conversation about the amount of funding shouldn’t be taken as support for art or not – up to a point. He said if someone were to suggest supporting 1/1000th of a percent, then that would not count as support for the art. Hohnke said he wanted Ann Arbor to be among the cohort of communities that leads.

Margie Teall (Ward 4) said she appreciated what had been said. As far as freeing up funds by reducing the percentage, she said, she didn’t know what the funds would be freed up for. It isn’t about art appreciation, she said. Ann Arbor has wonderful art fairs and people claim Ann Arbor is an artistic Mecca, but the city doesn’t really support art at all, she claimed. The Percent for Art ordinance is the mechanism to support public art, she said.

Councilmembers Christopher Taylor (Ward 3) and Marcia Higgins (Ward 4).

People had described some great ideas about what the city could do with the arts funding, Teall said, but the city wouldn’t achieve any of the great ideas if the funding were cut.

With Smith and Taylor dropping their support, Briere appeared to understand that she’d likely lose the vote. She noted that her colleagues would remember that she didn’t propose the temporary drop in funding to 0.5%, but that she’d brought forward the resolution at the request of other councilmembers. [Her original proposal had been to leave the funding level at 1% but to exclude projects funded with the street repair millage.]

Briere indicated she appreciated the desire to return to 1%. The reason she could not support it, she said, is because the council had been engaged in “this dance” for three years. The council talked about it, but then backed away.

There’s absolutely no denying that art is important, Briere said. She reflected on the fact that it’s possible for the council to have a three-hour discussion that has little impact on individual budgets. Briere alluded to the council’s 45-minute debate in May 2009 on a $7,000 item for Project Grow funding. Using Smith’s analogy, that’s 6 cents per resident, she said. The council had recently approved a $25,000 appropriation for the Delonis Center warming center – that’s 22 cents a person, she said.

Over the next three years, the reduction from 1% to 0.5% takes funding from around $900,000 per year to almost $450,000, Briere said. She said she was hard-pressed to believe it would cripple a program that currently has around $1.5 million to spend. And if it were to cripple that program, we’d know it, she said, because the council would hear about it. She stressed that it’s a temporary three-year cutback. She did not think the temporary reduction would prevent someone from settling in Ann Arbor or expanding their business here. People come to places where there are jobs and housing, with well-maintained streets, she said – to places that take pride not just in art, but also in infrastructure.

This is the third time the issue has come back to the council, Briere said, and she felt that fact represents a real dissatisfaction with something about the program. She again stressed that she’d brought it forward at the request of other members on the council. If the council does not act, she said, councilmembers would face the same situation again in a year.

Lumm noted that the difference between the roughly $900,000 that 1% would generate and the $450,000 that 0.5% would generate was significant. The issue has to do with funding priorities, she said.

Taylor had voted for the reduction from 1% to 0.5% at the council’s first reading, in the same way he’d voted for the reduction at the first reading in 2009. He allowed that Briere raised a good point about the persistence of the council’s conversation. It’s one about which he was torn. The past two weeks had been illuminating for clarifying his thoughts.

Teall noted that permanent public art is costly, if it’s constructed as a life-long legacy to stand the test of time. The program doesn’t have an administrator, she said, and it’s a young program. [The city's current public art administrator, Aaron Seagraves, started the job in May. It's a part-time position.] To “cut it off at its knees” is a mistake, Teall said. Reducing it would be a rollback at a time when the city is trying to institute things that don’t come to fruition in a short time.

Marcia Higgins (Ward 4) expressed some frustration, saying that as she listened to the debate, people always want to tie it to being for or against public art. The discussion is really about how to fund it. Higgins said that Marsha Chamberlin, chair of the public art commission, brought up a great point during public commentary when she’d said that the program has a lot of money right now, but nothing guarantees it in future years. If we want this place to be a Mecca for art, Higgins said, then let’s figure out how to fund it. The council was dancing around the question.

Higgins talked about the need for the art commission to know how much money it would have and for how long. She wondered if $400,000 for the next 30 years, funded by a millage, would be one way to go. She noted that people say they don’t want general fund dollars to go towards public art, but she wondered how administrative support is paid for.

Higgins said she’d like to see the resolution tabled for four to five months so that the council could have a serious conversation about it. On the issue of the general fund, she wondered if some money for art shouldn’t come from the general fund. If it’s a priority for the community, she asked, why not?

Hohnke allowed that the dollar amount generated is significant over the next three years, whether the percentage is 1% or 0.5%. The elegance of the program, based on a percentage, is that it’s a reflection of the investments made in the built environment. The program provides resources relative to the investment in the built environment, he said.

Mayor John Hieftje said people had made many good points. One of the points is that there are strings attached to the way public art money is spent, and he supported loosening the strings to the extent it’s legally possible. If there is any general fund money in the public art fund, he said, it’s not enough to make it an issue of public safety. The question is whether to fund art.

Hieftje noted that Ann Arbor’s water and sewer rates are some of the lowest in the state. He assured people that they’d see some aggressive spending of street millage funds next year – the city had been holding them back as a contingency to help pay for the Stadium bridges replacement project. Hieftje revealed that he was a sponsor of the resolution to reduce the funding from 1% to 0.5% at one point. But in looking at public art as economic development and reflecting on that, he found that 1%, up to the $250,000 limit per project, is okay. He found himself in favor of the amendment to keep funding at 1%.

Stephen Kunselman (Ward 3) complained that the legality of the transfer from the street fund to art had never been explained in a written opinion from the city attorney. Alluding to Hieftje’s mention of “strings,” he said if the council is going to talk about strings, the strings should be written down.

Describing a millage pitched by Tuscola County to its voters, Kunselman said Tuscola County assured voters that there could be no transfer of special millage funds to another account. That’s what Tuscola County says, so what do we say, Kunselman wondered. He suggested the new city administrator ask for a written opinion from the city attorney. Then there could be certainty, he said.

Kunselman liked the idea of an art millage. Not acting meant punting it down the road to a future council in a way that could end up in a lawsuit, he said. Ann Arbor is the only city in Michigan that has a Percent for Art ordinance, Kunselman said, and the city doesn’t even have it written down why it’s legal.

Outcome on amendment restoring the 1% level of funding: The council voted to eliminate the original amendment, thus restoring the funding level to 1%. Dissenting were Lumm, Kunselman and Briere.

Taylor then went on to propose eliminating another amendment, already given initial approval, that money be returned to its fund of origin if not encumbered within three years. He said he’d initially thought it was a reasonable way to incentivize spending money with deliberate haste. He felt there were complications with the provision, despite the fail-safe that allowed the city council to extend the three-year deadline for funds in six-month increments.

Teall thanked Taylor for bringing forward the amendment. She feared the original proposal would have the effect of rushing the public art commission into spending money.

Briere noted that any time you talk about deadlines, there’s a valid concern it would result in hasty, ill-considered decisions. Responding to the issue of money in some funds accruing slowly, she noted that money is pooled and could be put together with other funds. Briere noted that the idea of placing a temporal deadline had come from public services area administrator Sue McCormick, who oversees the public art program. Briere said that placing a finite deadline on the accrual of funds would help focus attention. The idea is not to rush to judgment, she said. It’s to focus attention. It allows the city to keep better track of things.

Councilmember Sandi Smith (Ward 1) and Margaret Parker, a member of the public art commission.

Higgins said she wouldn’t support Taylor’s amendment, pointing out that she’d heard Marsha Chamberlin say at the podium that the three-year period is reasonable. Higgins also noted that it’s not just one six-month period of extension – it’s an indefinite number of six-month extensions that are available. It’s an easy check and balance.

Smith noted that one of the things that affects her thinking about the public art ordinance is that there’s at this point very little public art to see. The original change that the council approved may help push projects along, so she was not in favor of reversing it. It’s important to have some sense of urgency, she said.

Derezinski said he’d proposed and voted for the amendment that allowed the council to grant an extension because it made the overall proposition less bad. He said it related to the issue of process and how the public art commission operates. If the commission had the right staff, he felt, it would be possible to address the issue through the procedures of the commission. Writing a requirement into the ordinance is using “too large a club,” he said.

Lumm said that the three-year provision did not amount to a hardship. She called it simply a very good discipline and said she wouldn’t support Taylor’s amendment.

Outcome on amendment removing requirement that funds be encumbered within three years: The amendment passed on a 6-5 vote, with approval from Derezinski, Taylor, Teall, Hohnke, Anglin and Hieftje.

Public services area administrator Sue McCormick was asked how the administration for public art would be charged. She described it as analogous to the way that engineering projects are charged to the project management group at the city.

In her concluding remarks, Briere noted that other communities with Percent for Art programs restrict the money in some way. When the Ann Arbor city council had originally passed its ordinance, it had not restricted the money. That made it problematic to manage. She hoped her colleagues would allow some restrictions going forward by passing the resolution as amended. [The surviving changes included the prohibition on using money from the general fund and the definition of capital improvement projects to exclude sidewalk repair.]

Lumm expressed frustration, commenting: “This thing is really watered down!” [Briere subsequently told The Chronicle that she'd gotten out of it what she'd wanted – an agreement to restrict the funds in some way.] Lumm said she’d started paying attention to it when Higgins had proposed a budget amendment in May of that year. Now, Lumm said, she wasn’t sure what to do.

Outcome: The council voted unanimously to approve the two changes to the public art ordinance.

City-County Consolidated Dispatch

On the agenda was a resolution for a $759,089 annual contract with the Washtenaw County sheriff’s office to handle police dispatch operations for the city of Ann Arbor. The five-year agreement is anticipated to start in March of 2012.

According to the staff memo accompanying the council’s resolution, the city of Ann Arbor expects to realize at least $500,000 in savings annually compared to continuing to employ its own dispatchers. The cost savings arise from the fact that not all of the city’s current dispatchers would be hired on by the sheriff’s office – the total number of dispatchers in the consolidated operation would be reduced by six FTEs, compared to the two separate operations.

In the separate but co-located dispatch operation currently in place, at any given time, one Law Enforcement Information Network support officer is used for each operation – one for the Ann Arbor police department and one for the Washtenaw County sheriff's office.

In more detail, the city’s dispatch operation is currently authorized for 19 dispatching positions, and the county has 17 positions. The combined operation is proposed to employ 30 full-time dispatchers. It also calls for 10 part-time dispatchers.

A significant reduction in the FTE number (5.25 positions) is achieved in the consolidated operation by using just one LEIN (Law Enforcement Information Network) officer, instead of using one LEIN officer for each dispatch operation (for a total of two) at any given time.

The way these efficiencies were gained was laid out at the council’s Dec. 5 meeting, as they had been at a work session in September, by Kerry Laycock, a management consultant hired to help with the consolidation. [Laycock has been tapped for assistance on many of the city's reorganizational moves over the last several years, including most recently the Ann Arbor housing commission.]

Of the 19 budgeted city positions, one dispatcher retired this fall, leaving current staffing at 18. Two dispatchers are currently on approved leave. As a result of the consolidation, 4-5 Ann Arbor dispatchers who currently have full-time positions would not have a full-time job under the consolidated operation.

In addition to the cost savings that accrue from employing fewer people overall, it emerged during council deliberations that the difference in compensation between city and county dispatchers averages around $9,000 per year – Ann Arbor city dispatchers earn more. That can translate into around a 20% pay cut for Ann Arbor city dispatchers, who earned $44,000-$56,000 in the fiscal year ending June 30, 2010.

The contract with the county for dispatch services is offset by a $12,520 facility use fee paid by the county to the city. The Washtenaw County sheriff’s office is already co-located with Ann Arbor police dispatch, in a facility above the city’s Fire Station #1 on South Fifth Avenue just across the street from the municipal center. The sheriff’s office also currently handles dispatching services for Northfield Township, Michigan State Police, Huron-Clinton Metropolitan Authority and the city of Ypsilanti. [Additional Chronicle coverage: "Ann Arbor, Washtenaw: Joint 911 Dispatch?"]

According to the staff memo accompanying the council’s resolution, the consolidation of dispatch operations would help qualify the city for the state of Michigan’s Economic Vitality Incentive Plan. The MEVIP has replaced statutory state-shared revenue as the means that the state legislature uses to distribute to local governmental units their portion of the state’s sales tax. The distribution of a portion of the state sales tax to local units is based on the fact that in Michigan, local units have limited ability to generate revenue through taxes.

Consolidated Dispatch: Public Commentary

Anne Daws-Lazar told the council she was a life-long Ann Arbor resident and that she’d worked 24 years as a dispatcher and would be retiring in February 2012. She characterized the proposed move not as a merger but as a “takeover.” She questioned the ability to take more calls with fewer people. She noted that currently the two operations are co-located. Before co-location, she said, Ann Arbor dispatchers answered more than 48,000 911 calls. After co-location, she said (adding the county sheriff’s operation) Ann Arbor dispatchers answered 85,000 calls. That’s because Ann Arbor dispatchers are answering Washtenaw County calls. [In the dispatching operation, there are two distinct functions performed by separate people – a call-taking function and a dispatching function.] So the Ann Arbor dispatching staff is already assisting with the Washtenaw County workload, Daws-Lazar concluded.

Ann Arbor dispatchers have more experience than county dispatchers, she said. Of the current 16 Ann Arbor dispatchers, nine have over 10 years of experience, and nobody has less than six years of experience. On the county side, she said, six out of 14 have less than four years experience. She accounted for the reduced experience on the county’s side by pointing to the conditions they work under and their treatment by their administration. She said she felt that very few people will be transitioned – Ann Arbor dispatchers will have to apply for a job. She felt very few Ann Arbor dispatchers will actually do that, because they’ve seen firsthand the conditions that the county dispatchers work under, which in turn will lead to a less-experienced dispatching staff.

Among the conditions the county dispatchers work under, Daws-Lazar pointed to a difference in their contracts – Ann Arbor dispatchers aren’t allowed to work 16 hours, unless it’s an extreme emergency. But county dispatchers work 16-hour days regularly, she contended. And they do that often two to three days in a row. That comes at a price, she said, including officer safety.

Danyelle Tucker introduced herself as a current employee at the dispatch center. In June of this year, she contended, all 18 dispatchers had been sent letters saying they would be laid off due to a lack of funding. She alluded to an alternative proposal, that would create revenue for the city instead of costing the city $759,000 per year, including the loss of PSAP (public safety answering point) funds totaling over $600,000 per year.

She contended that during a May 11, 2011 meeting of a the county-city collaboration task force, attended by assistant city attorney Nancy Niemela, city of Ann Arbor CFO Tom Crawford, and deputy police chief Greg Bazick, they discussed the best avenue for getting around a full city council vote. As members of the city council, she said, they should question why secrecy would be needed, if it were the best plan for the city. Why would Bazick raise the possibility of the consolidation process to be stopped by an injunction? she asked. She said there was a reason why the police department administration did not want the council to see the alternative proposal.

Tucker also expressed concern for citizens of Ann Arbor who are accustomed to a certain level of service from a dispatch center. Under the proposal, she said, citizens would be relying on Washtenaw County to maintain a full-staffed dispatch center. According to meeting notes obtained under a Freedom of Information Act request, full staffing would require 33 full-time employees, Tucker said. Currently the Washtenaw County dispatch operation has 14. To date, through 2011, the current level of staffing by the county has led to 5,000 hours of overtime, forcing current staff to work double shifts multiple days of the week, she said.

Consolidated Dispatch: Management Review

Ann Arbor chief of police Barnett Jones was invited to the podium by Tony Derezinski (Ward 2) to give an overview.

Jane Lumm (Ward 2) and chief of police Barnett Jones.

Jones reviewed his time as chief in Ann Arbor, which began six years ago. After four months on the job, he said, he’d been told he’d need to reduce staff. Since then, it’s been six years of reducing staff. In the course of those reductions, he said, he didn’t touch dispatch. It’s one of the core areas – patrol, investigation and dispatch. He reminded the council that he had presented the buyout option to the council to induce early retirements in 2009, which they’d approved. That had resulted in 26 people taking early retirement, two of whom were dispatchers. Those positions were then replaced, he said.

For this round of reductions, he said, he’d tried to come up with a way to keep his people employed. He first called the sheriff to explore the possibility that Ann Arbor could take over the sheriff’s dispatch, to perhaps generate revenue through the dispatch operation. Jones alluded to statutory mandates that prevent the sheriff from doing that. So they had looked at it the other way – with the sheriff taking over Ann Arbor’s dispatching operation. Later during council deliberations, sheriff Jerry Clayton said the proposal was cost-neutral from the county’s perspective.

Jones told councilmembers they’d seen some of the notes – alluding to the information that had been described during public commentary. When you brainstorm, he said, you throw every idea you can think of on the wall. The point is to try to save jobs, he said. Of the current Ann Arbor dispatchers, 13 or 14 of them would be employed under the consolidation, he said. His reality is that he faces a $1.2 million deficit. To meet that target without consolidation, he’d need to eliminate some dispatchers and officers, he said.

[Later during deliberations, Stephen Kunselman (Ward 3) invited a dispatcher to comment from the podium, who noted that on either scenario, with or without consolidation, she'll be losing her job.]

Jones presented the consolidation as good public policy because it helps keep patrol officers on the street.

Clayton also contended that the dispatch consolidation is good public policy. His office was there to assist the city, he said. He compared Ann Arbor’s situation with that faced by Ypsilanti previously. Ypsilanti was faced with the choice of laying off a police officer or firefighter. In that instance, Ypsilanti dispatchers applied for jobs to the county and they were brought in to the county dispatching organization, Clayton said. The approach in Ann Arbor would be similar, he said. He confirmed that if a decision is made to consolidate, those who are laid off from Ann Arbor dispatch would not be guaranteed a job.

He described how there would be a transition period of around six months while separate dispatching would continue as the dispatchers are cross-trained – county dispatchers for the city of Ann Arbor and Ann Arbor dispatchers for Washtenaw County.

Responding to comments made during public commentary about the quality of service, Clayton allowed that right now the sheriff’s office doesn’t have enough staff. Even under those conditions, he said, county dispatchers deliver excellent service.

Consolidated Dispatch: Budget Context

Sabra Briere (Ward 1) noted the $1.2 million projected shortfall for the police department for the FY 2013 budget year, and compared that to the projected $500,000 annual savings from the consolidated dispatch operation. That still leaves $600,000-$700,000 to make up. She wanted to know how Jones proposed to cover the remaining shortfall. Chief of police Barnett Jones indicated that he did not have a proposal, except to hope the council found another way.

The context of the budget to which Jones alluded during his remarks has changed as the result of a new contract signed by the police officers union (AAPOA) in September of this year. The city’s position is that the layoff of four officers would not have been necessary, if the police union had made concessions on their contributions to health and pensions benefits before June 30.

During deliberations, Stephen Kunselman (Ward 3) noted that the $1.2 million projected shortfall in the public safety services area had been based on the analysis of a previous city administrator [Roger Fraser]. Kunselman said he was interested in getting a budget analysis from Steve Powers, the new city administrator.

Another change in the context for the $1.2 million projected shortfall is on the revenue side. From the city’s CFO Tom Crawford, Kunselman elicited Crawford’s expectation that property tax revenues next year could show an increase compared with this year.

At multiple points during the evening, including deliberations on the consolidated dispatch, mayor John Hieftje talked about a plan to preserve police officer staffing levels – it currently appears that nine officers will retire around the beginning of the year. The city is looking to rehire the officers just recently laid off. For the remaining five positions, there are around 400 applications for those jobs. The savings from the new AAPOA contract and the anticipated savings from the consolidated dispatch, Hieftje said, get the city where it needs to be to preserve current staffing levels.

Marcia Higgins (Ward 4) drew out the fact that there would be transitional costs associated with the consolidation of somewhere between $300,000-$500,000 in the first year.

Consolidated Dispatch: Adequacy of Service

At one point, Hieftje asked Jones to confirm that dispatching services would be adequate under the consolidation. Jones provided that confirmation. He said he’d gotten a lot of grey hair over this decision. Part of his comfort, he said, was based on the continuing liaison that would exist between the police department and the consolidated dispatch.

Sandi Smith (Ward 1) asked for a review of some of the metrics that would be used to determine if performance was being maintained. Jones gave the basic industry standard that 90% of calls should be answered in less than 10 seconds. The consultant Kerry Laycock also indicated that one component of performance can be monitored by calling back citizens who make calls to 911 to get a measure of their satisfaction. A final component is to get feedback from officers who are dispatched. That part is still under development.

Smith wanted to know what happens if the metrics show the consolidation is failing. Jones indicated that the whole process of gradual consolidation would need to be undone in reverse. That’s why this has to work going forward, he said.

Higgins confirmed with sheriff Clayton that the city could get performance metrics as often as it liked – the city is the customer, Clayton said.

Consolidated Dispatch: Human Resources

Mike Anglin (Ward 5) got clarification that 13-14 Ann Arbor dispatchers would be able to apply for jobs under the consolidated dispatch operation. He got confirmation that their pay would be less than they currently make. From the audience someone called out the question: “How much less?” Although Hieftje admonished attendees not to interrupt the meeting that way, the figure was tracked down in response to the question: On average, county dispatchers make $9,000 less than city of Ann Arbor dispatchers.

Hieftje allowed that it’s not a slight but rather a significant difference. Higgins noted that dispatchers are not the city’s highest paid employees. [Dispatchers earned $44,000-$56,000 for FY 2010].

Higgins also wanted to know what the difference in benefits is between the county and the city. Laycock said that human resources staff had described them as comparable. Sheriff Clayton said that among county workers, the dispatchers had very good benefits. Higgins was assured she’d be provided with a benefits comparison.

Consolidated Dispatch: Council Deliberations – Bid to Postpone

Stephen Kunselman (Ward 3) made a bid to postpone the vote, based on uncertainties associated with the changing budget picture. Asked by Kunselman, city administrator Steve Powers said that with respect to timing, the contract did not need to be approved that night.

Kunselman invited one of the dispatchers in the audience to comment from the rank-and-file staff perspective, given that the council had just heard at length from the management side. [It's not common that the council invites an audience member to address the body outside of time set aside for public commentary, but the council's rules explicitly provide for that possibility.]

Mayor John Hieftje’s response to Kunselman’s gambit was first to note that the council had already heard from dispatchers during public commentary, but he quickly adopted the position that he had no objection to hearing more.

The dispatcher who approached the podium reviewed how the current operation is already co-located and that the call-taking function [which is a different task from dispatching] is already merged. She suggested that the two operations should truly be merged instead of the sheriff’s department taking over the Ann Arbor dispatching. The dispatchers themselves, she said, were out of the loop. She said they’d been told they’d all be laid off – that had shaken up people’s lives.

She told the council that dispatchers are extremely frustrated. Although there are dispatchers who have worked over 20 years, she hadn’t worked that long, so she noted that she’d lose her job regardless of the consolidation. She invited councilmembers to take the time to see the dispatch center. She told them they couldn’t make an educated vote without seeing it for themselves.

Kunselman’s motion to postpone nearly died for lack of a seconding motion, but that eventually came from Mike Anglin (Ward 5).

Tony Derezinski (Ward 2) asked city administrator Steve Powers if during a delay on the vote, Powers could think of a reason that would change his mind. Powers said he doesn’t approve an agenda item for the council’s consideration unless he supports it. He said it’s unfortunate that there’s disruption for dispatchers and a difference in compensation. For reasons that had already been enumerated, Powers said he supported the consolidation. Responding to the invitation the council had heard to visit the city’s dispatch center, he encouraged them to visit other dispatch centers where consolidated dispatch was already being done – fire, police, and EMS. Consolidated dispatching is being done all over, and it makes sense for the city at this time, he concluded.

Hieftje, noting the length of time that the proposal had been in the works, said he wouldn’t support postponement.

Jane Lumm (Ward 2) said she was confident that Powers and Jones will ensure that response times are maintained. She pointed out that the sheriff’s office has experience doing shared dispatch. She also pointed to the fact that the consolidation of dispatch operations would help qualify the city for the state of Michigan’s Economic Vitality Incentive Plan. The MEVIP has replaced statutory state-shared revenue as the means that the state legislature uses to distribute to local governmental units their portion of the state’s sales tax.

Lumm and Sabra Briere (Ward 1) wondered if postponing the vote would affect the city’s opportunity to qualify for the MEVIP. City CFO Tom Crawford indicated that the city’s application needed to include items that the city had already accomplished and things that are planned. It would be described to the state as “planned” in any case, he said, even if the vote were taken that night.

Crawford also indicated it’s not clear what the state will do next year. He said it’s become clear that there was an impression that communities are not doing much in the way collaboration. Crawford said the state is learning that Ann Arbor as well as many other communities have a long history of collaborations. Crawford gave towing as another possible example of collaboration with the county.

Outcome on postponement: Only Kunselman voted for postponement, and the motion failed.

Consolidated Dispatch: Council Deliberations – Finale

There were no substantive deliberations after the vote on postponement.

Outcome: Kunselman joined his colleagues in the unanimous vote for dispatch consolidation. The consolidation will also require approval by the Washtenaw County board of commissioners.

Greenbelt Expanded Boundaries

Before the council for its consideration was final approval to a change in the boundaries for the city’s greenbelt program – an open space preservation effort funded by a 30-year 0.5 mill tax approved by voters in 2003.

The council approved the addition of the southwest and northeast corners to the greenbelt-eligible area. (Image links to higher resolution file.)

The area in and around Ann Arbor eligible for land preservation under the greenbelt program is defined in Chapter 42 of the Ann Arbor city code. The council has expanded the boundaries once before, in 2007. The current proposal is essentially to square-off the area by adding a mile to the southwest in Lodi Township, and one mile to the northeast in Salem Township. [.jpg of map by The Chronicle showing original boundaries, the 2007 expansion and the proposed expansion]

Another amendment to Chapter 42 was also considered by the council. It would allow a parcel of land adjacent to the greenbelt boundary to be eligible for protection, if it is also adjacent to a parcel under the same ownership within the greenbelt boundary. The greenbelt advisory commission had voted to recommend the ordinance changes at its Sept. 14, 2011 meeting. The council gave the changes initial approval at its Nov. 21, 2011 meeting.

Since the start of the greenbelt program, roughly $18 million has been invested by the city of Ann Arbor in protecting open space. That has been matched by roughly $19 million from other sources, including the federal Farm and Ranch Land Protection Program, surrounding townships, Washtenaw County and landowner donations. That funding has protected roughly 3,200 acres in 27 separate transactions.

Thomas Partridge spoke during the public hearing on these changes, calling for priority to be given to affordable housing.

Greenbelt Expanded Boundaries: Council Deliberations

Carsten Hohnke (Ward 5), who serves as the city council representative to the greenbelt advisory commission, led off discussion with the introduction to some essentially administrative amendments to the wording. He stressed that the boundary change alters the total area of the greenbelt-eligible properties by 6%. He characterized the change as “normalizing” the boundary changes that were already approved in 2007. At that time, the area now to be included was not added, because of the limited willingness of townships in those areas to participate in the greenbelt program – Salem and Lodi townships. However, those townships are now interested in participating.

A breakdown of percentage contribution of different entities to the 26 greenbelt land transactions that have been completed to date. Of the 26, 12 did not include any township contributions. Two of the 12 transactions did not have any other governmental source, but had landowner donations. (Image links to higher resolution file. Chart by The Chronicle)

Jane Lumm (Ward 2) drew out the fact that there are two components to the amendment of the boundaries. Only one of them makes sense, she said – the one regarding properties that are adjacent to the boundary.

Lumm said she did not support the other component, which is the expansion of the area. She said that conceptually the arguments were similar to those the council had discussed during the debate about public art. It’s not about all or nothing, she said – it’s about making adjustments. She stressed the difference between the voter-approved millage and the Percent for Art program.

She asked: Is there any point at which the council believes the boundary goes too far? At what point, she asked, would asking voters about repurposing the millage revenues be considered? Annual revenues from the millage proceeds exceed by $1 million the bond payments. [The strategy was to take out a bond using future millage proceeds to pay for it, so that there would quickly be cash on hand to take advantage of land deals as the opportunities arose, instead of waiting to accumulate the cash through the millage.]

Lumm noted that this is the second proposed expansion of the greenbelt-eligible area. The original compact with voters, Lumm said, was to spend 1/3 of the millage proceeds inside the city and 2/3 outside. The goal had also been to achieve matching contributions for acquisitions that would make the city’s contribution 1/3 of the cost. But to date, she said, 27% of the investment has been on parkland inside Ann Arbor, and on average Ann Arbor has contributed 49% of the cost – higher than the 1/3 target.

In the meantime, Lumm said, Ann Arbor’s own city parks are starved for funds. She thanked Hohnke for bringing forward a smaller proposed expansion than what some people might have wanted. She said the council owes it to taxpayers to monitor the spending. At what point, she asked, are we spending money because it’s there? Until there’s clarity about that, she said, she wouldn’t support the boundary expansion.

Hohnke said that Lumm raised some good points. He said he appreciated her desire to maximize fiscal resources. He contended that the “slight” boundary expansion does that, by providing for additional opportunities that would serve the original purpose of the millage. It would also give the city the opportunity to leverage additional funds, to invest in open space of high quality, and it’s a way to help tax dollars go further.

Mayor John Hieftje also said good points had been raised. He suggested that this would be the final and last expansion of the boundaries. The corners of the area represent unique opportunities and a chance to find new partners. Hieftje cited the language on one of the main pieces of literature from 2003 millage campaign, which had referred to “other sources” of funding. That was one of the things that has changed, he said – the state of Michigan previously had a program and that’s the difference in the city’s ability to achieve the 1/3 goal.

Hieftje noted that the amount of funding from outside sources is actually more than equal to the city’s contribution. Hieftje stated that Ann Arbor had been very fortunate in that 90% of federal farmland protection money that’s awarded throughout the state of Michigan comes to the Ann Arbor area.

Sabra Briere (Ward 1) agreed that the proposed changes are minor, but looking at the map, the boundaries completely avoid Ypsilanti Township. She wondered if there could ever come a time when people look at that irregular boundary and consider expanding.

Hohnke indicated that he did not think there was really high quality land there that would be worth considering and that’s not likely to change, he ventured, because it’s an already-built environment. From the audience, greenbelt advisory commission chair Dan Ezekiel and Ginny Trocchio, a Conservation Fund staff member who helps administer the program, nodded their agreement with Hohnke’s assessment of the missing southeast corner of the greenbelt-eligible area.

Outcome: The council voted to approve the expansion of the greenbelt-eligible area, as well as the adjacent property provision, over dissent from Lumm.

“No Newspaper” Law

On the agenda was a resolution revising the city’s littering and handbill ordinance that is meant to give residents the ability to regulate the kinds of newspapers that are deposited onto their property. The ordinance was aimed in part at publications that are delivered free in the community. The ordinance would make it a misdemeanor to deposit a newspaper on someone’s property, if a notice forbidding delivery of that specific newspaper is posted on the front door. The misdemeanor is punishable by a combination of a fine up to $500 and 90 days in jail. [.pdf of marked up version of ordinance]

The ordinance would also create liability not just for the person who might deposit commercial handbills or newspapers onto someone’s property, but also for the corporate entities who “cause” that activity to take place.

First Amendment issues raised by the city’s attempt to restrict unwanted delivery include the possibility that the proposed ordinance has created a content-based distinction between newspapers and commercial handbills. [.pdf of City of Fresno v. Press Communications, Inc. (1994)] However, the U.S. Supreme Court has established a right of residents to regulate the degree to which they must contend with printed matter delivered to their property. [.pdf of Rowan v. U.S. Post Office Dept. (1970)] And in a more recent New York Supreme Court case, the court ruled that “neither a publisher nor a distributor has any constitutional right to continue to throw a newspaper onto the property of an unwilling recipient after having been notified not to do so.” [.pdf of Kenneth Tillman v. Distribution Systems of America]

The initial consideration of the ordinance had been postponed already at the council’s previous meeting, and Christopher Taylor (Ward 3), who sponsored the measure, indicated that another delay would be requested. His remarks suggested that some publishers had responded in such a way as to alleviate some of the concern that had prompted the perception that an ordinance was required.

Some back and forth ensued about tabling compared to postponing to a specific date. The council settled on tabling. Sabra Briere (Ward 1) cautioned that according to the council’s rules, if a resolution is not taken back up off the table for consideration in six months, the measure is considered demised.

Responding to Briere’s concern, Carsten Hohnke (Ward 5), who co-sponsored the ordinance, indicated that the ordinance was expected to be taken up again sometime in January 2012.

Outcome: The council voted unanimously to table the revision to the ordinance on handbills and littering.

New Investment Policy

Before the council for its consideration was the authorization of a new investment policy. The item had been on the council’s agenda at its Nov. 21 meeting, but was postponed at the request of Marcia Higgins (Ward 4), who wanted to have the council’s budget committee review the policy first.

Highlights of the policy changes include the extension on maturity timelines for several different instruments: U.S. Treasury Obligations (from seven to 15 years); Federal Agency Securities (from seven to 10 years); Federal Instrumentality Securities (from seven to 10 years), Certificates of Deposit (from three to five years), and Obligations of the State of Michigan (three to 10 years).

Balanced against those extensions were some changes to portfolio restrictions that prevent the city from having too many longer-term maturity instruments: no more than 25% of the portfolio may be invested in securities with maturities greater than seven years, and no more than 12.5% of the portfolio may be invested in securities with maturities more than 11 years.

During the scant deliberations, Jane Lumm (Ward 2) thanked staff for providing answers to her questions about the policy changes. She supported the policy changes because they would allow the city to be less reactive.

Outcome: The council unanimously approved the change in the investment policy.

Dexter Avenue Sidewalk Special Assessment

The council was asked to consider a special assessment on property owners along Dexter Avenue east of Maple Road for a total of $11,651, to pay for sidewalks. The one-time payments by the individual property owners are due June 1, 2012. Required payments range from $30.57 to more than $3,000. The project has a total cost of $92,955 – $74,364 of that amount will be paid with federal money. For the north side of Dexter Avenue, the project includes construction of a new sidewalk for a portion of the stretch, as well as a new curb and gutter for the street across from Veteran’s Memorial Park. For the south side of the street, the project includes a new curb along Veteran’s Memorial Park.

The council started the multi-step process for levying the special assessment at its Sept. 19, 2011 meeting.

Because of the special assessments, the Dexter Avenue sidewalk improvements do not require a portion of the project budget to be allocated for public art. From the city’s public art ordinance: “A capital improvement project funded by special assessments or improvement charges is not subject to the requirements of subsection (1) of this section.”

During the required public hearing, Thomas Partridge asked that the resolution be postponed so that it could be re-examined.

During the brief council deliberations, Mike Anglin (Ward 5) said that when special assessments are imposed, those whose property is subject to the assessment are typically resistant. [For example, for the special assessment that funded part of the non-motorized pathway along Washtenaw Avenue, which was held in September 2010, several property owners spoke at the public hearing, expressing their opposition.] He allowed that the relatively small amounts involved may have affected the lack of resistance. [Many property owners were assessed as little as $30.57.]

Outcome: The council unanimously approved the special assessment.

Council Housekeeping

The council handled several housekeeping items, as it does every year shortly after the new edition of the city council is elected. That includes appointment of council subcommittee membership as well as council representatives to other organizations. It also includes the adoption of council rules.

Council Housekeeping: Committees

Some assignments are for subcommittees of the council, while others are for city council appointments to other public bodies.

Compared to last year, the most significant change to the council’s committee structure was the separation of the joint administration & labor committee into a council administration committee and a council labor committee. On the labor side, Jane Lumm (Ward 2) was slotted in for Stephen Rapundalo, whom she defeated in the Nov. 8 election. Shuffling among other councilmembers, who all returned to this edition of the council, included the replacement of Tony Derezinski (Ward 2) on the labor committee by Sandi Smith (Ward 1).

The council administration committee retains the same membership as the former administration and labor committee, except for Rapundalo, who was replaced by Christopher Taylor (Ward 3). Taylor also took over Rapundalo’s council appointment to the local development finance authority (LDFA) board. [Google spreadsheet contrasting 2011 with 2012 city council appointments]

Changes to committee assignments were on the whole relatively minimal. That was due in part to the fact that Lumm was given four of Rapundalo’s previous committee appointments, including labor budget, liquor control, and the housing & human services advisory board. Lumm was also assigned to represent the city council on the Ann Arbor Downtown Development Authority’s (DDA) partnerships committee, relieving Margie Teall (Ward 4) of that duty.

Teall will also no longer represent the council on the Washtenaw Metro Alliance – Sabra Briere (Ward 1) will pick up that responsibility. Of the veteran councilmembers, Teall’s committee assignments reduced the most, as she’ll also no longer serve on the city environmental commission – a spot also picked up by Briere. At the meeting, Teall indicated that she’d taken herself off the environmental commission, saying she would miss it, but would keep in touch. She said she was delighted that Briere would fill that spot. Teall expressed appreciation for everything that environmental coordinator Matt Naud and commissioners have done through the years. She said she felt that her departure would also open up the communication so more people know what’s going on.

Teall – along with Carsten Hohnke (Ward 5) and Christopher Taylor (Ward 3) – will also no longer need to serve on the committee established by the council to negotiate a new contract with the Ann Arbor Downtown Development Authority under which the DDA operates the city’s public parking system. At the Dec. 5 meeting, the council formally dissolved the committee, the parking contract having been signed in May.

Council Housekeeping: Rules

Also before the council was the adoption of its rules, which included essentially one change. Included in council minutes currently are all emails received by councilmembers on their government accounts. The revision to the rules stipulates that only those emails related to the subject matter of the meeting will be included in the meeting minutes.

Council Housekeeping: LDFA

The council was asked to consider three appointments to the board of the Ann Arbor-Ypsilanti SmartZone local development finance authority (LDFA): former councilmember Stephen Rapundalo, current councilmember Christopher Taylor (Ward 3), and Eric Jacobson.

Of the positions on the 9-member LDFA board, the city of Ann Arbor appoints six and the city of Ypsilanti appoints three. One of the six Ann Arbor spots is for a member of the Ann Arbor city council, which had been held by Rapundalo, until he was defeated in the Nov. 8 general election by Jane Lumm (Ward 2). Taylor is thus replacing Rapundalo as the city council representative. Rapundalo’s appointment is to fill an existing additional vacancy on the board.

Jacobson was also appointed to the LDFA to fill a vacancy on the board.

The local development finance authority is funded through a tax increment finance (TIF) mechanism for the same geographic district as the Ann Arbor and Ypsilanti downtown development authorities. The LDFA currently receives no revenue from the Ypsilanti portion of its district. The taxes on which the increment is captured are local school taxes. The impact of the LDFA tax capture is spread across school districts statewide, due to the way that local school taxes are pooled by the state of Michigan and redistributed to local districts.

Based on data available through A2OpenBook, in fiscal year 2011, the LDFA generated $1.475 million in tax capture. The LDFA contracts with Ann Arbor SPARK to operate a business accelerator.

Council Housekeeping: AATA Board

Also at the Dec. 5 meeting, the council handled an appointment unrelated in its timing to the new edition of the council. Mayor John Hieftje nominated the city’s transportation program manager, Eli Cooper, to serve on the board of the Ann Arbor Transportation Authority. On confirmation by the city council, Cooper would fill the vacancy on the AATA board left by Sue McCormick.

McCormick is leaving her post at the city of Ann Arbor as public services area administrator to take a job as head of the Detroit water and sewerage department. McCormick’s last day on the job is Dec. 16. City administrator Steve Powers announced at the Dec. 5 meeting that the city’s head of systems planning, Craig Hupy, will fill in for McCormick on an interim basis. Powers reported that Hupy had no interest in the permanent position.

Cooper’s city position as transportation program manager falls under the city’s systems planning unit. The council previously appointed Cooper to serve on the AATA board on June 20, 2005. He served through June 2008, and was replaced on the board by current board chair Jesse Bernstein.

There is not a spot reserved for a city of Ann Arbor employee on the AATA board. When Cooper previously served on the AATA board, along with McCormick, their service prompted an op-ed in The Ann Arbor News criticizing the appointment of city employees to citizen boards. [.pdf of "Let's Stick With Autonomous Appointees for Citizen Boards"]

Outcome on all city council housekeeping items, including appointments: The council voted unanimously to approve its rules, calendar, and all committee appointments, many of which were made with separate resolutions.

Communications and Comment

Every city council agenda contains multiple slots for city councilmembers and the city administrator to give updates or make announcements about important issues that are coming before the city council. And every meeting typically includes public commentary on subjects not necessarily on the agenda.

Comm/Comm: Warming Center

Several people signed up for public commentary reserved time at the start of the meeting, to address the council on the topic of establishing a 24/7 warming center. People who sign up in advance for one of the reserved spots are given priority if they’re addressing an agenda item. Those who signed up to speak about the warming center cited the minutes of the Oct. 19 Ann Arbor housing commission meeting (attached to the agenda as a communication item from the city clerk) as the agenda item they wanted to speak about. The main business of that meeting was the hiring of the new executive director, but speakers did not address the subject matter of the housing commission meeting in any obvious way.

The tactic could be explained in part by the experience of University of Michigan student Orian Zakai at the previous council meeting, who had been unable to claim one of the 10 reserved public commentary slots, partly because several people who wanted to advocate for public art funding, which was an agenda item, had signed up for a reserved spot and had priority over her. Zakai had stayed until the end of that meeting, when unlimited unreserved public commentary is allowed, in order to deliver her remarks.

Again at the Dec. 5 meeting, Zakai addressed the council on the topic of establishing a warming center that would operate 24 hours a day. She ticked through the proposed policies of such a center and asked the council for assistance in finding a space to locate it.

Arthur Endsley introduced himself as a research scientist living and working in Ann Arbor. He told the council he’d toured the Delonis Center, as well as a homeless encampment, Camp Take Notice, and the breakfasts sponsored by St. Andrews.

It should be obvious, he said, that winter is upon us. He thanked the council for the $25,000 they’d appropriated to keep the warming center at the Delonis Center open this year. He wondered what will happen next year. He described those who needed a warming center here in Ann Arbor as global economic refugees living in our own community. He contended that the Delonis Center had a 80% recidivism rate. [According to Ellen Schulmeister, executive director of the Shelter Association of Washtenaw County, which operates the Delonis Center, the 80% figure refers to the percentage of people who move from the Delonis Center to sustainable housing and who are still housed after one year.] Permanent solutions are needed, Endsley said. Responding to proposed cuts of the public art program, he said, some had contended that if we cut art, we are cutting down our own image. Endsley wondered what it says about our image if some of our residents are freezing to death in the streets.

Lily Au asked the council to support the effort to establish a warming center.

Alan Haber addressed the council in support of the warming center, in the guise of addressing the revision to the handbill and litter ordinance that was on the agenda. He had a leaflet, that supported establishing a warming center, among other things. He read it and asked the council if the leaflet was legal under the handbill ordinance. A leaflet like that, he said, should be able to go anywhere.

Three people also stayed until the end of the meeting, well past midnight, in order to address the council.

Judy Bonnell-Wenzel spoke in favor of support for a warming center.

David Coleman told the council he’d been living in the city about five months as a musician and artist. He told them he spoke from the standpoint of someone who is homeless, who has nowhere to go. The homeless are not all addicts or alcoholics, he said. He read aloud a hand-written statement.

From David Coleman's statement he read aloud to the council towards the conclusion of the Dec. 5 meeting. The warming center is intended to be "a place to go that's inviting, safe and warm, a place that rescues, rehabilitates, enlightens, edifies and empowers ..."

University of Michigan student Alexandra Hoffman addressed the perception that perhaps a 24/7 warming center did not need to be opened or that it was too large a project to accomplish. She encouraged the council to think positively. The group had thus far been frustrated with real estate issues – they haven’t found a location for the center. But as for staffing, volunteers are ready. She suggested the vacant Georgetown Mall and former Borders store on East Liberty as possible locations. She told the council she’s from Toronto, and their youth shelter is right on the main street of town – it’s something to be proud of, not something to be swept under the rug, she said.

During his communications time, Stephen Kunselman (Ward 3) took up the suggestion of 415 W. Washington as a possible location for a warming center, noting that it’s a publicly owned facility. He ventured that perhaps the council needed to direct the creative use of the property.

During her communications, Sandi Smith (Ward 1) noted that the city spends significantly more than 1% of its money on housing and human services. She also noted the emergency allocation the council had made to the Delonis Center to keep its warming center open. She rejected the idea that there’s a choice to be made between funding art and funding human services.

Responding to Kunselman’s call for the exploration of 415 W. Washington as a possible location for a warming center, mayor John Hieftje made clear he didn’t think that was a realistic possibility. He reported that he, Margie Teall (Ward 4) and Mike Anglin (Ward 5) had been working with the Arts Alliance and the Allen Creek Greenway Conservancy to turn 415 W. Washington into a community art center and greenway park. The real problem they can’t get around is the condition of the building, he said. It’s filled with asbestos and jagged pieces of metal. It would take more than $1 million to make the building usable, he said. The Arts Alliance would likely withdraw from the project.

Comm/Comm: Deportation

Lourdes Salazar Bautista appeared before the council to appeal for their support in her fight to stay in the U.S. She faces deportation on Dec. 27. Laura Sanders of the Washtenaw Interfaith Coalition for Immigrant Rights (WICIR) also spoke in support of Bautista. Sanders noted that Bautista had been in the U.S. for 14 years, she works and pays taxes and has never committed a crime. Sanders attributed Bautista’s imminent deportation on Dec. 27 to Ann Arbor’s proximity to Canada, and the need for federal immigration official to meet deportation quotas. In the next few weeks, she said, the council would be asked to sign a letter of support.

Mike Anglin (Ward 5) responded to the commentary during his communications by saying that it’s not possible to do very much with local legislation. But he noted that the council could give its input. He said that by executive order, Bautista could avoid deportation.

By way of background, Ann Arbor’s local policy on federal immigration policy is expressed in a 2003 city council resolution, which among other things calls on the AAPD to “limit local enforcement actions with respect to immigration matters to penal violations of federal immigration law (as opposed to administrative violations) except in cases where the Chief of Police determines there is a legitimate public safety concern.”

Comm/Comm: Budget Retreat

City administrator Steve Powers suggested that the council hold its budget retreat for 2014-15 in June 2012. Mayor John Hieftje said he did not think it’s necessary to have a retreat in December.

Comm/Comm: Crosswalks

Kathy Griswold told the council she had a masters degree in public policy and an MBA from the University of Michigan and had served 15 years on the transportation safety committee. Still, she said, she’s not qualified to make traffic laws – she’s not a professional engineer. She criticized the council’s revision to the crosswalk ordinance in 2010, which the council is now revising further, as giving pedestrians a false sense of security.

Griswold told the council that transportation engineering is not always intuitive. She described a pamphlet available in the city hall lobby as a creative marketing tool, but contended that in fact, “pedestrians don’t rule.” She’d spoken to a driver education instructor, who had told her the ordinance is a major problem. She pointed councilmembers to a 30-minute program she’d recorded for CTN as well as to the website she’d created: seekids.org.

Comm/Comm: Thomas Partridge

Thomas Partridge called for expanded access to affordable housing, transportation and education and made complaints about illegal discrimination.

Comm/Comm: Sewage

Kermit Schlansker called for the use of sewage in the creation of energy.

Present: Jane Lumm, Mike Anglin, Margie Teall, Sabra Briere, Sandi Smith, Tony Derezinski, Stephen Kunselman, Marcia Higgins, John Hieftje, Christopher Taylor, Carsten Hohnke.

Next council meeting: Monday, Dec. 19, 2011 at 7 p.m. in the second floor council chambers of city hall, located at 301 E. Huron. [confirm date]

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Margie Teall (Ward 4) with Heritage Row and City Place developer Jeff Helminski. (Photos by the writer.)

At the time of their votes – on the matter-of-right City Place and the planned unit development Heritage Row – councilmembers knew that one set of actions would become moot. Only one of the projects, located on the same site, would be built. A few days after the meeting, news emerged that Heritage Row is now off the table and that City Place will move forward, with construction planned to start sometime this fall.

That meant that the council’s action last Monday, to give initial approval to the Heritage Row project, will ultimately have no effect. Developer Jeff Helminski requested that the item be pulled from the council’s Oct. 24 meeting – a meeting that had been added to the council’s calendar specifically to take a second and final vote on the Heritage Row project.

At their Oct. 17 meeting, the council took two actions on the already-approved City Place project – one to allow flexible application of the city’s new landscape ordinance, and a second to approve additional windows on the upper stories and to change the siding. That added to an Oct. 3 decision by the council to allow greater flexibility in the sequencing of City Place construction.

Also on Monday, the council confirmed two appointments to the city’s zoning board of appeals. The ZBA is a body that has purview to hear any challenges to city decisions about the correct application of city ordinances and the appropriateness of administrative decisions, including those associated with matter-of-right projects like City Place.

In other real estate development news out of Monday’s meeting, the council approved changes to the elevations for City Apartments, a residential project at First and Washington scheduled to start construction yet this season. The council is expected to authorize the sale of the city-owned parcel at its Nov. 10 meeting.

The council approved the annexation into the city of a township parcel where Biercamp Artisan Sausage & Jerky has set up shop. A tax abatement for Arbor Networks, a computer network security firm, was also approved by the council.

Another significant item on the council’s agenda was the appropriation of $25,000 from the city’s general fund reserve to keep the warming center open this year, which is operated by the Shelter Association of Washtenaw County in the Delonis Center on Huron Street.

The council also approved a resolution of intent on the use of sidewalk and street millage funds, which voters will be asked to approve at the polls on Nov. 8. The resolution was amended to clarify how funding will work for sidewalk repair adjacent to commercial properties inside the Ann Arbor Downtown Development Authority district.

City Place, Heritage Row

On Monday’s agenda were three items related to two different proposed developments at the same site on South Fifth Avenue just south of William Street: City Place and Heritage Row.

The council was asked to give initial approval for the Heritage Row proposal, which was to receive a second and final vote at a council meeting scheduled for Oct. 24. Later in the week, however, the developer withdrew the item from the agenda for Oct. 24.

The plan for the matter-of-right project called City Place would demolish seven houses and construct two apartment buildings separated by a parking lot. The two City Place buildings would comprise 144 bedrooms in 24 6-bedroom units.

As revised from an earlier proposal rejected by the council 14 months ago, the planned unit development (PUD) Heritage Row project would provide for some manner of reconstruction of the seven existing houses, and construct three additional buildings behind the houses. The project, as revised, would not be required to provide any on-site parking for a total of 85 dwelling units containing up to 180 bedrooms on the 1.23-acre property. The previous proposal would have constructed underground parking, for a total of 60 spaces on site.

For City Place, at their Oct. 17 meeting, the council was asked to approve a request from the developer to waive a landscape buffer requirement that was introduced through an ordinance change made after the project was initially approved in 2009. Also for City Place, the council was asked to approve a request for changes to the buildings that included a new window on the upper floors of the north and south-facing sides, and a change from horizontal siding to simulated shingle siding on the dormer.

The Heritage Row project has a long and controversial history dating back four years. The city council voted at its Oct. 3 meeting to reconsider the project, which it had previously rejected around 14 months ago. The council then voted to postpone a decision on the project so that negotiations could take place between the developer, city staff and councilmembers about  possible revisions. By offering concessions that could make the project more financially viable, the council hoped to induce the developer to divert from his imminent intent to construct City Place. City Place is regarded by most observers as an inferior project to Heritage Row.

At the council’s Oct. 3 meeting, a letter was discussed which councilmembers had received from the developer, Jeff Helminski. That letter outlined his requirements for concessions that he would need in order to build Heritage Row instead of City Place. At the Oct. 3 meeting, councilmembers expressed clear dissatisfaction with elements of Helminski’s letter. However, the key points from the letter appeared to have been incorporated into the revised proposal.

[.pdf of marked up Heritage Row supplemental regulations as presented on Oct. 17][.pdf of comparison chart between original Heritage Row and revised proposal as presented on Oct. 17] [.pdf of Oct. 3 letter from developer]

Heritage Row: Council Deliberations

Carsten Hohnke (Ward 5) led off deliberations by acknowledging the accelerated timeline and the unusual action. He reminded the council that the last version of the Heritage Row project (which the council rejected) was not felt by the current developer to be financially viable. [The project ownership changed hands.] So the council was continuing to look for alternatives to the matter-of-right City Place project. Appealing to a baseball analogy, Hohnke said they hadn’t seen the last out – that’s a positive and they were still on the field.

From left: Sandi Smith (Ward 1), Carsten Hohnke (Ward 5) and Margie Teall (Ward 4) during a recess in the Oct. 17 meeting.

Hohnke said the proposal before the council was not a perfect solution to the problem. He’d like to see less density, stronger commitment to rehabilitation of the existing seven houses, and a unit mix that doesn’t have as many 4-5 bedroom units. It’s worth noting, he said, that the physical characteristics of the project have changed changed very little – the setback, height and streetscape is proposed to be maintained.

Hohnke described the affordable housing component as a significant public benefit. He said that was a serious point of negotiation and a tough negotiating point. [Compared to the June 2010 version of Heritage Row, the Oct. 17, 2011 version offered percentage-wise less affordable housing benefit. The June 2010 version required 18% of 82 units (14.76) while the Oct. 17 version required 17% of 85 units (14.45). An earlier, Oct. 3 version would have required just 15% of 85 units (12.75).]

Sabra Briere (Ward 1) asked the city attorney if the initial vote needed eight votes or if only the second and final vote needed eight. Assistant city attorney Kevin McDonald indicated it was the second vote that required the eight-vote majority.

Stephen Kunselman (Ward 3) wondered how it was possible for the council to be considering issues involving two different projects on the same parcel – is that legal? McDonald allowed that the city does not usually entertain multiple petitions for approval on the same parcel. But he said that City Place is an already-approved project. So the items on the council’s agenda for City Place are for an already-approved project. What was right then in front of the council was the Heritage Row PUD. If the City Place items were approved and Heritage Row is approved later, the City Place items would be moot, McDonald said.

Marcia Higgins (Ward 4) wanted to know if there was a reason why the City Place amendment was not put on the agenda for the following week, given that the council had added an extra meeting for Oct. 24. McDonald deferred to planning manager Wendy Rampson, who said that the timing was requested by the developer. He’s working on parallel tracks to prepare for construction planning, and putting it off to Oct. 24 would mean a delay of one week.

Higgins wanted to know how much movement there’d been on the part of the developer since the Oct. 3 letter. Was the version before the council the final offer, or was there room for negotiation? Rampson said the developer was still evaluating the costs and this was the closest he could come. By Friday, Rampson said, the developer was hoping to have it costed out to make sure it’s feasible.

Assistant city attorney Kevin McDonald, left, and chief financial officer Tom Crawford.

Higgins asked Helminski if there were changes from the Oct. 3 proposal. Helminski said there were changes – some had to do with affordable housing. He asked for Rampson’s help in enumerating other changes. [Substantive changes included the ability to place solar panels on the new construction and the incremental increase in affordable housing units.] Higgins said she wanted to see a third column in the chart of comparisons, so that she could see the June 2010 proposal compared against the Oct. 3 and the Oct. 17, 2011 proposals.

Higgins asked when the council would know the final offer the developer was making that he felt was feasible. Helminski said he had a call scheduled on Friday with the whole team. Helminski said the mutual commitment he’s made to the council and the staff was that if at any point there’s a deal killer, both sides would communicate that immediately.

[At the Oct. 3 council meeting, it was indicated that the final best offer would be on the table at the Oct. 17 meeting. The fact that it apparently was not ready by then and the fact that an attorney for the development team, Scott Munzel, did not appear for the slot he'd reserved during public commentary on Oct. 17, may have foreshadowed the announcement later in the week that the project would be withdrawn. Scott Munzel, an attorney for the former owner of the Fifth Avenue property where one of the two projects will be built, did not arrive at the meeting in time for the slot he'd reserved for his public commentary on his own behalf on Oct. 17.]

Sandi Smith (Ward 1) asked about the Society of Environmentally Responsible Facilities. That organization is specified as providing the environmental standards that the new construction would meet – the previous proposal would have met the Leadership in Energy and Environmental Design (LEED) standard. Helminski described SERF as a relatively new organization. With LEED, he contended that the certification process has become more important than the building components. Administratively, he said, SERF is a better experience. Smith asked if there was a SERF rating system of levels similar to LEED. Helminski said no, it’s either SERF-certified or not.

Mike Anglin (Ward 5) thanked Helminski for negotiating again with the city on the project. He described the project as unique because of its location. He wanted to know how Helminski wanted to receive additional suggestions. Helminski suggested the usual communication channels: over coffee, texting, email or phone calls.

Kunselman noted that the revised proposal has no off-street on-site parking requirement – would the developer be seeking to create an agreement with the Ann Arbor Downtown Development Authority to obtain parking permits at city parking structures? Helminski described the conversations with DDA executive director Susan Pollay as going well, but no agreement had yet been reached.

Kunselman asked if the spaces would be provided for free. Helminski quipped that he did not think that’s the way it’ll shake out in the end – tenants would pay market rate. Kunselman told Helminski that he was getting a significant break and would realize a significant savings by not having to construct underground parking.

Kunselman then addressed the issue of affordable housing. Affordable housing had not actually been built in the city as part of a PUD since Ashley Mews, a development located at Main & Packard. Since that time developers had made payments in lieu, he said. Kunselman contended that it would be primarily students who lived in Heritage Row and that a payment in lieu was the most likely scenario – that puts the burden on the city to construct the affordable housing. Helminski replied that he wouldn’t expect Heritage Row tenants to be primarily students. He said he was meeting with the county/city office of community development housing manager Jennifer L. Hall to discuss whether it’s better to build affordable housing on site or do payments in lieu. Sometimes the city prefers payments in lieu, he said.

Stephen Rapundalo (Ward 2) said he appreciated the fact that the issue of parking had been brought up – that had been a concern of his. He was worried about the overall capacity of the parking system. He’d assumed that Helminski would primarily be pursuing parking in the new underground garage for his residents, but it sounded like that might not be absolute. Rapundalo said he’d be interested to see the impact of Heritage Row tenant parking on availability of public parking.

Hohnke responded to some of his colleagues’ comments by saying that parking spaces will be a part of the development agreement. He also pointed out that the revised version of the proposal sets a date certain for reconstruction of the houses on Fifth Avenue. [The revised proposal allowed the project to be constructed in two phases, which essentially meant that the new construction of the three buildings could receive certificates of occupancy, before the seven existing houses were reconstructed.]

Hohnke then asked Jennifer L. Hall to the podium to discuss Kunselman’s question about the benefit to the city of payments in lieu versus construction of affordable units as a part of a development. Hall traced the history from the early 2000s when the city’s policy view was that including affordable units on site was the best option. Over time, she said, she and others have come to believe that inclusion of affordable units as part of a development that includes market rate units doesn’t necessarily result in the kind of units the city is looking for. [Hall was recently selected to head the Ann Arbor Housing Commission.]

As an example, Hall gave Corner House Lofts – three affordable units were constructed there. The building is occupied completely with students. The city can’t guarantee that the student occupants of the affordable units are from historically low-income households. But Hall said that 90% of students are eligible to rent the affordable units and they can’t be excluded. Hall described how money that’s paid in lieu of construction of affordable housing can then be leveraged as matching funds for federal and state grants. Hohnke was satisfied that a payment in lieu for affordable housing would provide a public benefit.

Outcome: The council gave initial approval to the revised Heritage Row proposal, with dissent from Briere, Kunselman and Higgins. The expected second and final vote would have taken place on Oct. 24. However, on Oct. 21 the developer pulled the project from that meeting’s agenda.

City Place: Landscape Buffer – Council Deliberations

Tony Derezinski (Ward 2) asked city planning manager Wendy Rampson to explain the issue before the council. After the new area, height and placement (AHP) revisions were put in place, Rampson explained, the planning commission had been asked to look at additional buffering requirements between multiple-family buildings. That resulted in a change to the landscape ordinance. And that had an unintended consequence in areas zoned R4C (multi-family residential). It’s problematic to apply the ordinance, she said, because often the setback is smaller than the buffer requirement – R4C areas are also largely already developed, she said. Rampson supported the modification to City Place and is working on it with the planning commission’s ordinance revision committee to revise the ordinance to accommodate existing conditions in R4C areas.

In the meantime, the landscape ordinance provides for flexible application. [The planning commission handled three such cases of flexible application of that ordinance at its Oct. 18 meeting.]

Chapter 62
5:608 Modifications
(2) Flexibility in the application of the landscaping or screening requirements of Sections 5:602, 5:603, 5:604 or 5:606 may be allowed if each of the following conditions are met:
(a) The modifications are consistent with the intent of this chapter (Section 5:600(1)); and
(b) The modifications are included on a site plan and in a motion approved by City Planning Commission or City Council; and
(c) The modifications are associated with 1 or more of the following site conditions:
…
(vii)
Landscape elements which are a part of a previously approved site plan may be maintained and continued as nonconforming provided no alterations of the existing landscape elements are proposed.

Marcia Higgins (Ward 4) noted that City Place was approved before the area, height and placement work was done – before the landscape ordinance was revised. She wanted to know if the council normally went back and applied a revised ordinance to a project that had already been approved. Rampson confirmed that because the developer is making minor administrative changes, that triggers the application of the new code. Higgins wondered if the request could go before the zoning board of appeals. Rampson confirmed it could.

Sabra Briere (Ward 1) questioned why the change was not postponed until the council’s Oct. 24 meeting. She said she recognized the parallel tracks on which the developer was proceeding – the developer would like to break ground at a specific time. But neither of the City Place requests before the council that night required a change to be made before groundbreaking, she contended. Either the landscaping requirements or the revised elevations could be dealt with after Heritage Row is defeated, she said, if it’s in fact defeated. Briere then moved to postpone the measure.

Developer Jeff Helminski.

Margie Teall (Ward 4) asked developer Jeff Helminski to speak to the issue. Helminski said there was a tremendous amount of effort going into both City Place and Heritage Row simultaneously. If Heritage Row doesn’t work out, he said, his team needs all elements of City Place in place. It’s not an easy task to move Heritage Row forward, he said. His continued desire to do that is based on seeing good faith efforts by the city. If the City Place requests were postponed, he said, it would send a clear message to his team and it would impact the future of Heritage Row. Based on Helminski’s remarks, Teall said she wouldn’t support postponement.

Higgins said that before the council had started its conversation about Heritage Row, she was very concerned. However, she could understand the developer’s viewpoint. Next week, she continued, the council will make a decision one way or another. Even though she’d heard the city attorney’s office say that actions related to City Place would be moot, if Heritage Row were approved, Higgins still wanted to see City Place resolutions rescinded. She said she wouldn’t support postponement.

Tony Derezinski (Ward 2) agreed with Higgins’ unwillingness to postpone. Stephen Kunselman (Ward 3) said he supported postponement. Approving the resolution would send the wrong message about the city council. The City Place project has been approved for two years, he said. He did not know why the developer couldn’t wait a week.

Christopher Taylor (Ward 3) said he was opposed to postponement, because the council needed to match the good faith effort of the developer. However he shared his colleagues’ view that it makes more logical sense to look at City Place after voting up or down on Heritage Row.

Teall said she was having a tough time with Kunselman’s description of “bending over backwards” for the developer. It was the council that had gone back to the development team and asked them to look at Heritage Row again.

Outcome on postponement: The motion to postpone the landscaping issue for City Place failed, with only Briere and Kunselman voting for it.

Outcome on City Place landscaping: The council approved the resolution over dissent from Briere.

City Place: Revised Elevations – Council Deliberations

Tony Derezinski (Ward 2) introduced the resolution by saying that it was the second of the pair of resolutions that had been requested by the developer. Planning manager Wendy Rampson described how the changes included additional windows on gable ends and new materials on upper parts of the building. She said that planning staff recommended approval, because the changes are relatively minor and provide additional architectural interest.

Noting the additional windows are on the fourth floor, Stephen Kunselman (Ward 3) asked if that floor was for tenant occupancy. Rampson explained that it would be a common area or loft area for third-floor units. Kunselman wanted to know how fire escape is being addressed. Developer Jeff Helminski said that the architect Brad Moore had addressed those issues appropriately.

Back-and-forth between Kunselman and Helminski revealed that the intent is to treat the third-level units in parallel fashion with the other units of the building, which are two-level units. Namely, they’d all have two different, separated common areas. With six people sharing a unit, Helminski said, two common areas would allow residents to engage in different activities – say, watching TV and playing games.

Responding to a request from Briere for additional clarity about the internal configuration of the units, Helminski described a spiral staircase and a vaulted ceiling configured in a townhome style.

Outcome: The council voted unanimously to approve the changes to the City Place elevations.

Zoning Board of Appeals Appointments

The council was asked to consider confirmation of the reappointments of Wendy Carman and David Gregorka for three-year terms to the city’s zoning board of appeals (ZBA). The nine-member ZBA enjoys fairly broad authority, including the power [from the city code]: “To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, or refusal made by the Building Official or any other administrative official in enforcing any provision of this Chapter.”

Outcome: The council voted to confirm the reappointments to the ZBA.

Stopgap Funding to Warming Center

On the agenda was a resolution to authorize $25,000 to support the Shelter Association of Washtenaw County‘s warming center. The money will come from the city’s general fund reserve balance. It will make up the gap between the roughly $56,000 in private donations that SAWC has been able to raise for the warming center and its $81,000 annual operating budget.

Of that operating budget, $600 is spent on utilities for laundry, and the rest compensates shift workers paid $12.57 per hour, and a half-time case worker, who is paid $15.96 per hour.

The warming center, located in the Delonis Center on Huron Street on the western edge of downtown Ann Arbor, can accommodate up to 50 individuals. It is open December through April, or any time the temperature (or wind chill) falls below 35 F degrees.

Closure of the warming center was part of the Shelter Association’s strategy to remain financially solvent in the face of funding cuts from Washtenaw County, the state and federal government.

A number of specific negative impacts have been cited by Shelter Association staff that would result from a closure of the warming center: more police calls; increasing frustration among business owners; increased vandalism; backlash against homeless people; increased crime by desperate people; untreated mental health problems; increased use of emergency rooms for non-emergency care; and overcrowding of jails and the court system.

The $25,000 allocated this year could be analyzed as follow-through on recent previous investments made by the Ann Arbor city council in the specific mission of the warming center.

For example, at its Nov. 5, 2009 meeting, the council passed a resolution that awarded a $30,500 contract with the Shelter Association and a $129,000 contract with Interfaith Hospitality Network, which operates a family shelter. The money was to provide case management and staff support for 25 additional beds at the Delonis Center and 25 additional beds in the rotating shelter program, as well as housing vouchers for eight families.

The council had received a presentation on the homelessness crisis at its Oct. 19, 2009 meeting from Mary Jo Callan, head of the county/city office of community development. She had alerted them to the likelihood that a funding request would be coming to them at a subsequent meeting.

The Ann Arbor Downtown Development Authority, at its Nov. 4, 2009 meeting, had authorized $20,000 to cover the “hard costs” – i.e., the actual beds – in connection with the initiative, which was seen as a short-term solution in the face of approaching winter weather.

Although it was not earmarked specifically for the warming center, on Oct. 6, 2010 the DDA authorized a $218,050 grant from its housing fund to the Shelter Association for improvements at the Delonis Center. The money paid for new washers and dryers, lockers and chairs, an emergency generator, energy conservation measures, medical equipment and software.

Warming Center: Update

At the beginning of the Oct. 17 meeting, Ellen Schulmeister, executive director of the Shelter Association of Washtenaw County, and Washtenaw Housing Alliance executive director Julie Steiner gave the council an update on the funding situation.

Schulmeister thanked the council for current and past support. The shelter and the city had been partners for a long time, she said. Now is a very hard time – both for people who need help and those organizations who support them.

The shelter had lost $400,000 in funding while costs continue go up, she said.

The shelter has had to cut staffing to two vital programs: the warming center and the rotating shelter. The shelter had tried to use volunteers for the warming center, but was unable to get volunteers who could be awake all night. The Washtenaw Housing Alliance asked the Shelter Association to operate the warming center one more year, so later in the evening, the council would be asked to provide some support so that the warming center can continue through the winter of 2011-12. She said that over the next year the Shelter Association would work diligently to identify longer-term solutions.

Tony Derezinski (Ward 2) and executive director of the Washtenaw Housing Alliance Julie Steiner get on the same page before the meeting.

Steiner told the council that the shelter’s warming center and rotating shelter are doing the community a huge favor. In Washtenaw County, she said, they work hard to make sure that shelters are not just mission shelters – “three hots and a cot.” The goal has been to provide case managers and services too.

As the Shelter Association looks at how to address the funding problems over the next couple of months, Steiner hoped councilmembers would help. She told them they’d been leaders around this issue. She noted that a copy of the Blueprint to End Homelessness Progress Report had been distributed to councilmembers. [.pdf of progress report] It traces progress from the creation of the blueprint in 2004. Steiner noted that the world is different from the way it was in 2004. She said the Washtenaw Housing Alliance will sponsor a series of community conversations to address the situation – as a whole, not just the warming center – in a world of shrinking resources.

Sandi Smith (Ward 1) wanted to know if Washtenaw County was matching any of the $25,000 that the city was being asked to contribute. Schulmeister told Smith that no funding for the warming center’s current need was coming from the county general fund. The other private funding – from an unnamed organization that Schulmeister expected would provide it – has not yet been approved by that organization’s board, she said. It’s an organization that involves the county but is not the county.

Mayor John Hieftje noted that Washtenaw County is proposing deep cuts in human services funding as part of its proposed 2012-2013 budget. Hieftje said the city looks at the Delonis Center as a partnership with the county. The city has been holding up its end of the partnership and the city is asking the county to hold up their end, he said. [Chronicle coverage: "Proposed County Budget Brings Cuts." The proposed county budget, if unchanged, would cut funding to the Shelter Association from $160,000 in 2011 to $25,000 in 2012 and 2013. On Oct. 19, the county board voted to reallocate another $26,230 to the Shelter Association in both 2012 and 2013, though it was not earmarked for the warming center.]

Hieftje invited councilmembers to ask any questions immediately following the remarks by Schulmeister and Steiner at the beginning of the meeting, so that they did not have to stay until the council reached the item on the agenda. Schulmeister told the mayor she was planning to stay anyway.

Warming Center: Public Comment

Lily Au expressed concern about the amount of administrative costs for the office of community development and the United Way. She noted the county’s proposed reduction in support for the Delonis Center from $160,000 to $25,000. She told the council that if they approve the money that’s asked of them, next month people will come again, saying the homeless are cold and hungry. The whole community needs to wake up and donate directly to organizations they want to help, she said.

Warming Center: Council Deliberations

Sabra Briere (Ward 1) led off council deliberations by giving some context for the request being made to the council for the $25,000. She’d heard news earlier in the year about the impact that reduced funds from the federal, state and county level would have on the Delonis Center’s ability to perform services.

Of the reduced services, Briere said she was particularly concerned that the warming center would be closed, because of the potential impact on the city of its closing. She cited the various expenses that would accrue across various parts of the community – from law enforcement to medical care providers – if people had no place to stay warm. The city would be wiser to spend money on prevention than reaction, Briere said. She said she’d spoken with the mayor and then the mayor had spoken with Schulmeister. In their conversations, the city had said they would not provide 100% of support and that the Shelter Association would need to find other support to match the city’s contribution. She encouraged her council colleagues to support the contribution.

Sandi Smith (Ward 1) noted that the program the city was providing money for is something that the city had asked the Shelter Association to provide, citing a contract from 2009. It’s important that the warming center continue, she said, and the need is even greater now. Hiefjte then described how back in the 1970s there were people living on the street. This is this generation’s depression, he said.

Hieftje reiterated remarks he’d made immediately following Schulmeister’s comments at the start of the meeting, saying that Washtenaw County is a partner in the Delonis Center. However, the county has proposed a budget that dramatically decreases funding to the center. The city needs to watch that closely, Hiefjte said. The county has some tough budget hurdles and the county board will have to make some tough decisions, he said. Those decisions will impact Ann Arbor, Hieftje concluded.

Outcome: The council voted unanimously to authorize funding for the warming center.

City Apartments Elevation Revisions

The council was asked to approved modifications to Village Green’s already-approved City Apartments planned unit development (PUD) at First and Washington. [This should not be confused with the similarly named City Place matter-of-right proposal by a different developer on South Fifth Avenue].

The changes include increasing the height of the structure from 94 to 104 feet (to lift the base of the building out of the water table), adding an entrance on First Street, modifying the window type and size on the residential portion of the building, and adding ventilation screens on the east side (alley) of the building.

The City Apartments project was given PUD zoning and site plan approval by the council on Nov. 6, 2008. The nine-story building will include 156 dwelling units and 244 parking spaces on the first two floors. The site is currently a city-owned property functioning as a surface parking lot with 64 spaces, after the parking structure there had to be demolished due to its poor structural condition. The new parking deck, which will offer spaces to the general public as well as to residents, is being financed by the Ann Arbor Downtown Development Authority.

The sale of the property, for a little over $3 million, is part of the city of Ann Arbor’s financing plan for construction of the new municipal center, which houses the police department and the 15th District Court. The council has extended the purchase option on the First and Washington property several times, most recently on Aug. 4, 2011.

At one of the DDA board’s late August committee meetings, news of a pending deal and imminent construction was relayed to committee members. The council is expected to authorize the closing on the deal at its Nov. 10, 2011 meeting. Signs at the First and Washington parking lot warn patrons of the lot’s imminent closure.

During his communications to the council, Mike Anglin (Ward 5) reminded his colleagues that he’d brought up the issue up a few months ago of environmental studies in connection with the First and Washington site. The foundation had been elevated another 10 feet, he said, which is an accomplishment. But there were other environmental engineering studies that could be of value.

So Anglin has requested in an open letter to staff that any studies related to this property be made available. When a different parcel (at First and William) was being considered as the site of a parking structure, there were studies done and soil samples taken, he said. So he requested that if there is information out there, that it be made available to the council.

Outcome: The council voted without discussion to approve the change in elevations for City Apartments.

Biercamp Parcel Annexation

On the council’s agenda was an item regarding the annexation 1643 and 1645 S. State St. into the city of Ann Arbor from Ann Arbor Township. A new business, Biercamp Artisan Sausage and Jerky, is located on one of the parcels.

During the public hearing on annexation, Thomas Partridge complained that the resolution has no language about a requirement for affordable housing. The council should table the resolution and consider it in detail, he said. The council should consider the impact on the township and the loss of taxes to the township.

Outcome: The council voted without discussion to approve the annexation of the 1643-45 S. State St. parcels.

Now that the annexation has been approved, action by the city council on a rezoning request will be scheduled. The owners of Biercamp would like for the city to approve the parcel for C3 (fringe commercial district) zoning. It would allow the business to sell a greater variety of products beyond those that it produces on the premises.

The planning commission voted unanimously to deny C3 zoning for the parcels at its Sept. 8, 2011 meeting. The rezoning request will be the second one considered recently in the general area of State Street and Stimson. On Oct. 3, 2011 the council rejected a request to rezone the parcel where Treecity Health Collective is located – from O (office) to C1 (local business).

The two rezoning requests have prompted discussion by the planning commission and the city council about the need for a study of the South State Street corridor, so that the parcels in question can be considered in a larger context. At an Oct. 11 working session, the planning commission was updated on city planning staff’s in-house effort to conduct a study of the State Street corridor. Previously, the intent was to hire a consultant to do that work.

Arbor Networks Tax Abatement

Before the council for its consideration was a tax abatement for Arbor Networks, a computer network security company. The abatement is on $883,527 of real property improvements and $7,790,454 of new personal property and equipment.

Lon Lowen of Arbor Networks.

According to a staff memo accompanying the resolution, Arbor Networks was granted a tax abatement in 2008. The abatement agreement in 2008 required Arbor Networks to move 74 jobs to their Ann Arbor facility and add at least eight jobs. However, as of December of 2010 there were only 74 jobs at this location.

The staff memo on the current request for a tax abatement states that the digital information business is continually changing with new and faster technology. Arbor Networks needs new test equipment and digital equipment, and according to the memo, anticipates adding 20 new employees to the Ann Arbor facility.

During the public hearing, Lon Lowen, quality assurance director with Arbor Networks, introduced the council to the company, which was founded in 2000 and has maintained a research and development facility in this area since its founding. The company makes software to fend off threats to computer network security, he said. The equipment on which the tax abatement is requested, he explained, is needed to expand the research and development facility. It reflects an investment of over $8 million by December 2012. As a result of that investment, the company expects to add 20 new jobs by December 2013, he said.

Thomas Partridge also spoke at the public hearing, and called on the council to fully inform the public on the resolution as to the details and rationale for placing the item on the agenda. He complained that these questions are decided in advance and usually passed unanimously by voice vote without discussion of the reasoning. He questioned the need for this resolution without requirements of equal opportunity employment. He questioned whether the company had exhausted other financing options.

Outcome: The council voted unanimously, without discussion, to approve the tax abatement.

Local Development Finance Authority

The council was asked to appoint Ned Staebler to fill an open four-year term on the local development finance authority (LDFA) board. The term will end June 30, 2015. The position previously was held by Michael Korybalski. That term expired on June 30, 2011 but had not yet been filled.

The LDFA is funded through TIF (tax increment financing) capture in a geographic district comprising the Ann Arbor Downtown Development Authority and the Ypsilanti Downtown Development Authority districts. However, TIF revenue for the LDFA is generated only in the Ann Arbor DDA district. The principal activity of the LDFA is a business accelerator. The LDFA contracts with Ann Arbor SPARK to manage the accelerator.

Staebler took a position starting in the summer of 2011 as vice president of economic development for Wayne State University, after previously serving with the Michigan Economic Development Corp.

Staebler currently serves on the city’s Housing and Human Services Advisory Board, which was established in 2007 to replace two other bodies: the Community Development Block Grant (CDBG) executive committee and the city’s housing policy board. The function of the HHSAB is to make recommendations on policies and programs to address the needs of low-income residents, to monitor the implementation of Ann Arbor’s housing policy and the creation of a city housing coordinator.

Staebler lost a close Democratic primary race for District 53 state representative against Jeff Irwin, who was elected to that position in November 2010.

During the brief city council deliberations, Stephen Rapundalo (Ward 2), who serves as the city council’s representative to the LDFA board, noted that Staebler is known to the council and has familiarity with economic development. He had also held an ex officio position on the board when he worked for the Michigan Economic Development Corp. Staebler is a perfect fit for the LDFA board, Rapundalo concluded.

Outcome: The council voted unanimously to approve Staebler’s appointment to the LDFA board.

Intent on Street/Sidewalk Tax Use

At the Oct. 17 meeting, the council considered a resolution of intent for the use of proceeds from a street/sidewalk repair millage that will be on the Nov. 8 ballot. The council had considered the resolution of intent at its Oct. 3 meeting and before that at its Sept. 19 meeting.

Voters will be asked to approve two separate proposals: (1) a 5-year renewal of a 2.0 mill tax to support street repair projects; and (2) a 0.125 mill tax to pay for sidewalk repair.

The resolution of intent specifies that the street repair millage will pay for the following activities: resurfacing or reconstruction of existing paved city streets and bridges, including on-street bicycle lanes and street intersections; construction of pedestrian refuge islands; reconstruction and construction of accessible street crossings and corner ramps; and preventive pavement maintenance (PPM) measures, including pavement crack sealing. [.pdf of unamended Oct 3, 2011 version of resolution of intent]

At its Oct. 3 meeting, councilmembers had questions about the need to have any resolution of intent, as well as the status of millage revenue use inside the geographic area of the Ann Arbor Downtown Development Authority.

The resolution of intent had originally stipulated that sidewalk repairs inside the Ann Arbor DDA district would not be funded by the sidewalk repair millage, except when the sidewalks are adjacent to single- and two-family houses. A recent meeting of the DDA’s operations committee revealed a measure of discontent on the DDA’s part about the intended restriction inside the DDA district and the lack of communication from the city of Ann Arbor to the DDA about that issue.

Mike Anglin (Ward 5) and Stephen Kunselman (Ward 3) have stated in the course of their re-election campaigns that they only reluctantly support the sidewalk repair millage. Stephen Rapundalo (Ward 2) has characterized the sidewalk millage as simply offering voters a choice. Though not up for re-election this year, mayor John Hieftje stated at the DDA’s Oct. 5 board meeting that he did not think councilmembers are out in the community saying that the city absolutely needs the sidewalk millage or that it’s essential. Like Rapundalo, the mayor characterizes the sidewalk millage as offering residents a choice of having the city take over the responsibility for sidewalk repair.

Intent on Street/Sidewalk Tax Use: Public Commentary

Karen Sidney stated that the resolution has many unanswered questions. There’s $30 million currently in the street millage fund, she said. [This appears to be based on the FY 2010 Comprehensive Annual Financial Report of the city, which gives a snapshot of the fund balance on June 30, 2010.] Of that, $7 million is needed for the East Stadium bridge project, Sidney said. [Although the city has received federal and state funding for a large part of the project, the city still has a local share.] What streets will be fixed with the remaining $23 million? she asked.

What streets will be fixed with the $45-50 million the millage will generate over its 5-year lifetime? So far, Sidney said, she’s seen only five streets named – surely there would be more? [The fact sheet prepared by the city specifies these five projects for 2012 constructions: Packard (Platt to US-23), Hill St. (Forest to Washtenaw), E. Stadium (Packard to Washtenaw), Pontiac Trail (Skydale to M-14), and Dexter Road (Maple to Huron)] Sidney also wanted to know if priority would be given to roads that serve new building projects, like the proposed Fuller Road Station.

With respect to the $500,000 that the sidewalk repair millage is expected to generate, Sidney wanted to know how much will be consumed through administration costs. The city has estimated that those administration costs will be $160,000. That’s 27% of the additional tax, she noted. She also wanted to know why the city is saying it can repair sidewalks cheaper than residents can, when five years ago the city said that residents could have the work performed for 40% less than it would cost the city.

Residents along her street, Sidney said, had paid to fix their sidewalks, but now those same slabs are being replaced as a part of a street resurfacing project. She wanted to know what steps will be taken to improve coordination. She noted that the city is taking over the cost of sidewalk repair now, “when there’s nothing left to do,” after administering a sidewalk replacement program for five years. What happens after five more years, she wondered. Will residents be asked to pay again?

Intent on Street/Sidewalk Tax Use: Council Deliberations

Council deliberations were led off by an amendment offered by Stephen Rapundalo (Ward 2) concerning how the millage would be used in the DDA district. He said the amendment would address an inequity identified by commercial property owners under the original language – they’d be included in the repair millage but excluded from the benefits. Rapundalo’s amendment added the following language

3. Notwithstanding the provisions of Paragraph II.2, if the City and the Downtown Development Authority (“DDA”) execute an agreement whereby (i) the DDA agrees to perform sidewalk repair within the Downtown Development District (“DDD”) adjacent to all properties against which the City levies property taxes; and (ii) the City agrees to transmit to the DDA annually 1/8th mill for parcels located within the DDD and not otherwise captured by the DDA; then the 2012 Street and Bridge Resurfacing and Reconstruction and Sidewalk Repair millage may be used for sidewalk repair within the Downtown Development District adjacent to all properties against which the City levies property taxes. The 1/8th mill shall be subject to the Headlee rollback. [.pdf of complete resolution of intent as amended on Oct. 17, 2011]

The original version of the resolution of intent had assumed that the DDA would repair the sidewalks within the district that are adjacent to commercial properties, based on the incremental tax capture in the DDA district for the millage. The impact of the amendment is to provide the entire millage amount to the DDA (not just the captured increment), but only if the DDA agrees to take responsibility for sidewalk repair inside the DDA district.

Tony Derezinski (Ward 2) questioned the inclusion of the phrase “shall be subject to the Headlee rollback.” He wondered if that is a restatement of the law. City attorney Stephen Postema indicated that assistant city attorney Abigail Elias had prepared the language, and that he assumed it’s a restatement.

Sabra Briere (Ward 1) confirmed with Postema that the entire millage is subject to the Headlee rollback. Sandi Smith (Ward 1) said she absolutely supported the amendment. She was glad the council took the time to pause and come up with a healthy solution.

Christopher Taylor (Ward 3) said it’s a fair and fine balancing of two competing interests.

Homayoon Pirooz, head of project management for the city, was asked to respond to comments made by Karen Sidney during public commentary about the amount of money in the fund balance for street repair. The fund balance does not distinguish committed funds for contracts on projects that were previously done, he said. As an example, he gave a West Liberty Street construction project from 10 years ago. As another example, for the West Stadium Boulevard project, he said, the city also still owes money to the state, that will need to be paid when the city is invoiced.

The fund balance also does not distinguish money that is earmarked for all the projects the city is planning to do, like Dexter-Ann Arbor Road and Packard Road next year – those projects will need a large sum of local dollars that are not labeled in the fund balance. Once you subtract the committed dollars and planned-for dollars, he said, the amount in the fund balance is much smaller. Without the new millage, he said, the funds will be used up by the end of 2012.

Discussion related to the sidewalk repair millage also arose earlier in the meeting as a part of the consent agenda, when the council approved moving delinquent water utility, board up, clean up, vacant property and housing inspection fees to the December 2011 city tax roll.

The current sidewalk repair program was supposed to result in residents being charged a fee for replacing sidewalk slabs, if they are cited by the city and decline to have the work performed themselves. Stephen Kunselman (Ward 3) said that in two years nothing has come through as delinquent charges. City treasurer Matt Horning confirmed for Kunselman that in this current tax roll there aren’t any delinquent sidewalk repair charges.

Kunselman wanted an explanation – in the past he’d seen those charges come through. Sue McCormick, public services area administrator, indicated that this year the city has been working with a contractor completing outstanding sidewalk repairs. Those bills will go out and the council would see them in the next round, she said.

Outcome: The council voted unanimously to approve the resolution of intent on use of the sidewalk/street millage.

Stadium Bridges Project

The council was asked to authorize the execution of a standard contract between the city and the Michigan Dept. of Transportation (MDOT) for the East Stadium Boulevard bridges reconstruction project. The project will result in the closure of East Stadium Boulevard in both directions for about a year, starting around Nov. 28, just after the University of Michigan’s last home football game of the year.

Dan’s Excavating Inc. was awarded the bid – at $13,910,334.77, it was the lowest qualified construction bid. The staff memo accompanying the council resolution put the current estimate for the total project cost – including all prior expenses, but excluding contingencies for the future construction – at $22,776,700. The city received a total of $13.9 million in TIGER II federal grant funding to pay for the project, as well as $2.87 million in state funds.

The project website, which includes detour maps and timelines, is annarborbridges.org.

During council deliberations, Margie Teall (Ward 4) and Sabra Briere (Ward 1) elicited from city staff some of the planned architectural details related to the stairways from Stadium Boulevard down to South State Street. They’ll have bicycle grooves to allow cyclists to walk their bicycles up and down the stairs more easily. And snow clearance will be achieved through radiant heating built into the steps, powered by the same circuit as streetlights, which in this case are owned by the city, not DTE.

Outcome: The council voted to authorize execution of the MDOT contract.

Labor Union Benefits

The council was asked to give initial approval to revisions to the ordinances that govern the retirement and health care plans for two of its unions: the Ann Arbor Police Officers Association (AAPOA) and the American Federation of State, County and Municipal Employees (AFSCME).

The revisions to the ordinances resulted from a collective bargaining agreement with AFSCME and a binding arbitration under Act 312 with AAPOA. The changes are similar to ordinance changes already enacted for non-union city workers.

The pension contribution for AAPOA and AFSCME workers will rise from 5% on a post-tax basis to 6% on a pre-tax basis. The vesting period for new hires will increase from 5 years to 10 years. Also for new hires, the final average compensation (FAC) calculation will be increased to a five-year period. The previous FAC was based on a three-year period.

On the health care side, the AFSCME and AAPOA employees would have the same access-only retiree health plan as non-union employees have. Like all ordinance changes, the city council will need to give these revisions a second and final approval no sooner than its next regular meeting.

Outcome: The council voted without discussion to approve the union labor pension and retirement health benefits.

Taxicab Law

Before the council for its consideration was initial approval of changes in the taxicab ordinance. The changes make explicit how long a taxicab company license is valid (10 years) and spell out some additional conditions on revocation or suspension of the company license.

The revisions also add reasons that can be used for suspending an individual taxicab driver’s license, which include a city administrator’s view that a driver “has acted in an unprofessional, harassing or threatening manner to passengers, or others.”

Like all ordinance revisions, the taxicab licensing revision will need a second and final approval from the council in order to take effect.

Stephen Kunselman (Ward 3) told the council that as the council’s representative to the taxicab board, ordinance amendments are needed. He asked chief financial officer Tom Crawford, who also sits on the taxicab board, to explain the changes and the concerns that are addressed by the changes.

Crawford characterized the changes as falling in three areas. In the first area, related to licensing, Crawford said that in the past the city had seasonal operators who would want to come in and work the football season and then disappear. The ordinance is being changed so that if a company ceases operation for 45 days, the city can revoke the license. Crawford explained that a healthy taxicab industry needs stability and this is a mechanism to help guard against companies frequently coming in and out of the market.

Another area of change has to do with solicitations and how the companies represent themselves. Several companies advertise themselves as taxis, but they’re in fact limousines. Crawford characterized it as a safety issue for someone who believes a vehicle is a taxi, but it’s in fact a limo. [A taxi is per code "... accepting passengers for hire within the boundaries of the city as directed by the passenger." A limousine is pre-booked.] If a company they hold itself out as a taxi, they have to be licensed as a taxicab, Crawford said. [The city's taxicab code already prohibits advertising in the reverse direction – it prohibits taxicabs from holding themselves out as limousines.]

Outcome: The council voted to give the taxicab ordinance initial approval.

Communications and Comment

Every city council agenda contains multiple slots for city councilmembers and the city administrator to give updates or make announcements about issues that are coming before the city council. And every meeting typically includes public commentary on subjects not necessarily on the agenda.

Comm/Comm: Crime

Christopher Taylor (Ward 3) said that he’d attended a neighborhood meeting recently where many people had expressed a perception that there’s a crime problem in Ann Arbor. He said it was perhaps fueled by increased access to information about crime data that a perception had resulted that crime was on the uptick. He asked deputy chief Greg Bazick how the police see things.

City clerk Jackie Beaudry and deputy chief of police Greg Bazick before the start of the Oct. 17, 2011 city council meeting.

Bazick said they’re not seeing an upswing in reported crime. He noted that crimmapping.com allows for real-time access to what’s reported on a daily basis. There have certainly been incidents that have raised concern in the community [including a series of sexual assaults]. But there’s nothing to indicate an upswing or a crime wave, he said.

Mayor John Hieftje said he gets the stats on crime every week before he meets with the police chief and that this year crime has shown a double-digit decrease.

Among the points Bazick made was the size of a law enforcement agency is never the sole indicator of crime. He also cautioned that the crimes categorized as “Part 1″ by the FBI are the kind of crimes that are almost always reported by victims and are not typically identified as a result of police-initiated enforcement activity. On the other hand, “Part 2″ crimes might show an increase based just on a police-initiated enforcement effort.

Comm/Comm: Police Hiring

Hieftje reminded the council that on the last day of May, when the council had approved the budget, he’d said the goal should be that there would be no further cuts in the police department. He said he’d been working with staff and with councilmember Stephen Rapundalo (Ward 2) on that issue. Hieftje said the department will see some retirements, and the Ann Arbor Police Officers Association also has new contract. Cuts are projected to be necessary at part of the FY 2013 forecast, but he felt that some replacements could be hired starting on Jan. 1, 2013.

Rapundalo commented that all along the council has repeatedly talked about its commitment to public safety. The council had to make a difficult decision last year [to lay off some police officers], but now that the city has an agreement with AAPOA, he said, there are opportunities to sustain and increase the police officer ranks.

[Rapundalo is facing a strong re-election challenge in Ward 2 from independent Jane Lumm, whose campaign includes criticism of the reduced numbers of police officers employed by the city of Ann Arbor.]

Comm/Comm: Energy Farms

Kermit Schlansker described the potential benefits of energy farms, which can include gasifiers that turn hard biomass into fuel. He also described solar arrays that could be used to concentrate the sun’s energy to create solar steam.

Alan Haber (left) and councilmember Mike Anglin (Ward 5).

Comm/Comm: Library Lot

Alan Haber said he was glad to hear about Schlansker’s energy farm. He told the council he was there again to talk about the space above the underground parking garage on South Fifth Avenue. He noted there’s a process going on to invite as much of the public as possible to figure out what to do there. He contended the land can be used maximally as a public gathering space. Citizens would adopt the library green without the use of city funds, he said, and they could program the space. Citizens need the opportunity to do that.

Is the city going to pave the surface, or will the council give citizens the opportunity to develop the surface? Haber wondered. It’s counterintuitive to have a surface lot above the underground lot, Haber said, if you want to encourage people to use the underground parking lot. Ann Arbor needs a heart in the center of town, and the space above the underground parking garage could serve that function, he said. It could be combined with a building as a practical solution, he said.

Stefan Trendov told the council he’d done some drawings to illustrate what Haber was describing – the building would be light and see-through and inviting. He said he’d recently designed a project for the Sultan of Oman. He wanted cranes to come in and start building in Ann Arbor – we need to see more cranes, he said.

Comm/Comm: End Discrimination

Thomas Partridge told the council he was there to address them about the importance of ending discrimination of all forms and working to stop government corruption of all forms, including corrupt acts by Ann Arbor government employees, police officers and businesses in the entire region. They need to bring about a true democratic party, attitudes, mindset and practices, he said, and he called on voters to recall regressive Republicans.

At the public comment period at the end of the meeting, Partridge also spoke. He described himself as an advocate for those who can’t attend public meetings, and those who are the most worthy of services. He called for public access to polling places through public transportation and transportation for the disabled, polling stations that actually work for handicapped people, and better-trained poll workers.

Present: Stephen Rapundalo, Mike Anglin, Margie Teall, Sabra Briere, Sandi Smith, Tony Derezinski, Stephen Kunselman, Marcia Higgins, John Hieftje, Christopher Taylor, Carsten Hohnke.

Next council meeting: Oct. 24, 2011 at 7 p.m. in the council chambers at 301 E. Huron. [confirm date]

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Of that operating budget, $600 is spent on utilities for laundry, and the rest compensates shift workers paid $12.57 per hour, and a half-time case worker, who is paid $15.96 per hour.

The warming center, located in the Delonis Center on Huron Street on the western edge of downtown Ann Arbor, can accomodate up to 50 individuals. It is open December through April, or any time the temperature (or wind chill) falls below 35 F degrees.

Closure of the warming center was part of the Shelter Association’s strategy to remain financially solvent in the face of cuts in funding from Washtenaw County, the state and federal government.

A number of specific negative impacts have been cited by Shelter Association staff that would result from a closure of the warming center: more police calls; increasing frustration among business owners; increased vandalism; backlash against homeless people; increased crime by desperate people; untreated mental health problems; increased use of emergency rooms for non-emergency care; and overcrowding of jails and court system.

The $25,000 allocated this year could be analyzed as follow-through on recent previous investments made by the Ann Arbor city council in the specific mission of the warming center.

For example, at its Nov. 5, 2009 meeting, the council passed a resolution that awarded a $30,500 contract with the Shelter Association and a $129,000 contract with Interfaith Hospitality Network, which operates a family shelter. The money was to provide case management and staff support for 25 additional beds at the Delonis Center and 25 additional beds in the rotating shelter program, as well as housing vouchers for eight families.

The council had received a presentation on the homelessness crisis at its Oct. 19, 2009 meeting from Mary Jo Callan, head of the county/city office of community development. She had alerted them to the likelihood that a funding request would be coming to them at a subsequent meeting. [Other Chronicle coverage: "Increased homeless sheltering effort needs volunteers"]

The Ann Arbor Downtown Development Authority, at its Nov. 4 2009 meeting, had authorized $20,000 to cover the “hard costs” – i.e., the actual beds – in connection with the initiative, which was seen as a short-term solution in the face of approaching winter weather.

Although it was not earmarked specifically for the warming center, on Oct. 6, 2010 the DDA authorized a $218,050 grant from its housing fund to the Shelter Association for improvements at the Delonis Center. The money paid  for new washers and dryers, lockers and chairs, an emergency generator, energy conservation measures, medical equipment and software.

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