Eunice Burns, former Ann Arbor city councilmember and Downtown Development Authority board member, introduces herself to city administrator Steve Powers before the July 2 council meeting started. Burns was on hand to receive a proclamation for Huron River Day, which falls on July 15 this year. Burns, along with Shirley Axon, is co-founder of the event. (Photos by the writer.)

Most obviously fitting that theme was a resolution passed by the council directing the city’s planning commission to incorporate 16 sustainability goals into the city’s master plan. The 16 goals, which were compiled from existing planning documents, had worked their way through a community engagement process and were adopted by several city commissions before arriving before the city council. The goals fall into four categories: climate and energy; community; land use and access; and resource management.

Clearly related to land use and access (the goal of “preserve our natural systems”), as well as resource management (“eliminate pollutants in our air and water systems”) was a resolution directing city staff to develop a “green streets” policy. The policy would formalize an approach to stormwater management that would allow city street projects to incorporate various technologies to mimic natural processes, to reduce the amount of stormwater runoff that goes directly into the city’s stormwater pipes and on into the Huron River. Features like bioswales, for example, would filter stormwater through natural systems so that pollutants from street surfaces would not flow directly to the river.

The river itself was part of the meeting’s sustainability theme as it was highlighted with a mayoral proclamation in honor of Huron River Day, which falls on July 15 this year.

Among the specific sustainability goals in the category of “community” is one that addresses economic sustainability: “Develop a prosperous, resilient local economy that provides opportunity by … rewarding investment in our community …” In that spirit, the council took the first step toward awarding a tax abatement to Barracuda Networks, a company that recently announced it’s moving from its Depot Street location into downtown Ann Arbor as part of a planned expansion of its workforce.

Another agenda item could be analyzed as part of the “integrated land use” and “economic vitality” sustainability goals: final approval of a rezoning request for the Shell station on the northeast corner of Ann Arbor-Saline and West Eisenhower Parkway.

Fitting into the “community” sustainability category was a resolution that made Ann Arbor a member of the Washtenaw Health Initiative (WHI) by authorizing a $10,000 annual membership fee. The goal of the WHI is to help local health care providers handle an influx of an estimated 50,000 newly insured patients when federal health care reforms take effect in 2014. The specific sustainability goal is to “provide services that meet basic human needs of impoverished and disenfranchised residents to maximize the health and well-being of the community.”

The council also approved appointments to three city commissions that are connected thematically to the sustainability goals – environmental, greenbelt advisory, and planning.

Making the city of Ann Arbor more financially sustainable is not an explicit part of the sustainability goals adopted by the city council. Yet financial sustainability could be seen as an outcome of the council’s ratification of three different union contracts. All three contracts increase the retirement benefit vesting period for new hires from five to 10 years, and increase the period for the final average compensation calculation to five years from three. The three labor groups that had their contracts ratified were the police professional assistants, civilian supervisors, and the deputy police chiefs.

Some of the public commentary also featured a sustainability theme – as former Allied Bendix engineer Kermit Schlansker outlined the energy efficiency benefits of cisterns. Also weighing in during public commentary were opponents of the new “smart meters” that are being installed by DTE Energy in Ann Arbor and other Michigan communities.

In other business, the council approved a weapons screening contract with the Washtenaw County sheriff’s office – for the 15th District Court, located inside the new justice center along with the Ann Arbor police department.

During communications time, city attorney Stephen Postema updated the council on legal action related to the Dream Nite Club, which had its liquor license revoked earlier this year. He said four significant court rulings on lawsuits filed by the club’s owners against the city had gone the city’s way.

The council’s communications also included mention of two ballot questions that voters might have to decide in November. One is a renewal of the park maintenance and capital improvements millage. The council is almost certain to place that millage renewal on the Nov. 6 ballot. Another question is less certain – one that would change the city charter to require a voter referendum, if the city were to lease parkland. The charter already prohibits the sale of parkland without a referendum.

Sustainability Goals: Master Plan

The council considered a resolution directing the city planning commission to start a process of incorporating 16 sustainability goals into the city’s master plan. While that master plan review process is underway, the council’s resolution directs the city administrator to apply the 16 goals in staff work. [.pdf of 16 sustainability goals]

The sustainability goals are divided into four categories: resource management; land use and access; climate and energy; and community. By way of illustration, from the land use and access category, one of the goals is: “Establish a physical and cultural environment that supports and encourages safe, comfortable and efficient ways for pedestrians, bicyclists, and transit users to travel throughout the city and region.”

The goals were culled from more than 200 goals that are already found in existing city planning documents, as part of a project that began in early 2011. The work has been funded by a Home Depot Foundation grant.

Development of the work by city staff was initially guided by volunteers who serve on four city advisory commissions: park, planning, energy and environmental. Members from those groups met at a joint working session in late September of 2011. Since then, the city’s housing commission and housing & human services commission have been added to the conversation. A series of panel discussions on each category was held earlier this year, as was a public forum to solicit input.

The city planning commission voted on June 5, 2012 to recommend to the city council that it pass the resolution considered by the council on July 2.

Additional background on the Ann Arbor sustainability initiative is on the city’s website. See also Chronicle coverage: “Building a Sustainable Ann Arbor,” “Sustaining Ann Arbor’s Environmental Quality,” “Land Use, Transit Factor Into Sustainability,” and “Final Forum: What Sustains Community?”

Sustainability Goals: Public Commentary

Alan Haber told the council that in some circles he’s considered a pest. But he perseveres, he said. He supports the sustainability goals and he thinks they’re an important step. He related the notion of sustainability to the efforts of homeless people to organize their own community along the lines of Camp Take Notice. He then pointed to the city-owned building at 721 N. Main and contended that if the city made it available, that would help a community form, and that would be a part of the realization of sustainability goals.

Haber also contended that sustainability requires space for a community on top of the new underground parking structure on South Fifth Avenue. That space can change and create its own story, he said. When he attended a recent meeting of the Connecting William Street committee, which is working to develop possible scenarios for alternate uses of city-owned surface lots, all of the scenarios involved developing the top of the parking structure in some way. None of the scenarios allowed for open space there. The committee had not heard a word of the input that had been provided, he contended – because people all over town said they wanted an open space. That’s what the community wants, he said.

Kermit Schlansker.

Kermit Schlansker, a former engineer with Allied Bendix, told the council that the problem with wind and solar power is that it’s intermittent. A way to store the energy is needed, he said. He suggested that cisterns could be part of the solution. In the summer, he said, cistern water can cool buildings. In the winter, the use of a heat pump on cistern water – at 55 F degrees – would be relatively efficient, he said. Forget about rain gardens and rain barrels, he said, because they don’t store energy.

The big problem with cisterns, Schlansker said, is how to build them. The work of digging them has to be done by hand, but that would make jobs for poor people. He compared cistern digging to coal mining. The best way to store carbon is to leave it in the ground, he said. Like apartment houses, cisterns are one of the few energy devices that can last 1,000 years.

Sustainability Goals: Council Deliberations

At the July 2 meeting, Tony Derezinski (Ward 2) asked city planning manager Wendy Rampson to come to the podium. Rampson introduced Jamie Kidwell, sustainability associate with the city. Kidwell had done most of the work, along with some interns, Rampson said. City environmental coordinator Matt Naud and Rampson had assisted Kidwell, Rampson said. Kidwell ventured that many councilmembers had seen the sustainability goals through commissions and boards they sit on.

Derezinski asked Kidwell to give a succinct definition of sustainability. By way of responding to Derezinski, Kidwell noted that an effort had been made to build the vision of sustainability from existing planning documents. It’s from those documents that the four “chapters” were distilled: resource management; land use and access; climate and energy; and community. They build on the city of Ann Arbor’s 10 environmental goals that were adopted in 2007, she said.

Carsten Hohnke (Ward 5) asked Kidwell to talk about how we’ll know if the city is making progress. In responding, Kidwell alluded to the city’s State of Our Environment Report. She indicated that for sustainability, more detailed indicators would be developed along the lines of the environmental indicators. Those indicators will be tied to targets, she said, and she ventured that those indicators would be reviewed on a biennial basis.

Outcome: The council unanimously approved the resolution directing the planning commission to integrate the 16 sustainability goals into the city’s master plan.

Green Streets Policy

The council considered a resolution that directs city staff from a range of different departments to work with the environmental commission to develop a “green streets” policy.

The policy would formalize an approach to stormwater management that would allow street projects to incorporate an “array of products, technologies, and practices that use natural systems – or engineered systems that mimic natural processes – to enhance overall environmental quality and provide utility services …” The goals of developing and implementing the policy include a reduction in the amount of untreated stormwater flowing from streets directly to the city’s stormwater system and into the Huron River. By implementing systems like bioswales, for example, a portion of the stormwater runoff from streets, which includes contaminants from the road surface, would be filtered naturally before entering the river.

To emphasize the impact that the city’s streets have on stormwater runoff, a staff memo accompanying the resolution indicates that Ann Arbor’s 27 square miles includes 11.2 square miles of impervious surface, of which about one quarter (2.9 square miles) is the city right-of-way. City staff estimate that half of the runoff in the city’s stormwater system comes directly from the city right-of-way.

At the council’s meeting on June 18, 2012, city environmental commissioner Valerie Strassberg had addressed councilmembers, asking for their support in bringing the resolution forward. At that meeting, Sabra Briere (Ward 1) indicated she’d be bringing the resolution forward at the July 2 meeting. It was co-sponsored by Carsten Hohnke (Ward 5). Hohnke and Briere are the two city council appointees to the environmental commission.

The city staff who are directed to take part in the development of the green streets policy are in the systems planning, project management, field operations, parks and recreation, and planning departments.

The resolution was introduced by Briere. She noted that the city staff have already worked hard to implement various green streets approaches. However, the city has no policy about how to implement those approaches or what level of priority to assign them. She stressed that the green streets policy that will be developed by the environmental commission under the direction of the council’s resolution would come back to the council for its review. The council would then decide if the policy has been properly developed.

Hohnke characterized it as a move to provide formal guidance. City staff have been involved in the green streets techniques. And this approach has always been a growing part of how the city has thought about managing its streets, he said. Stormwater has an impact on infrastructure and the quality of our water, he continued. The city should bring new technologies to bear on this problem. Those technologies include pervious pavement and a “whole suite of actions that improve stormwater runoff.”

Jane Lumm (Ward 2) stated that she does support the resolution. She offered her thanks in advance to the staff and the environmental commission for the work they’d be doing. However, she wanted to add that when the green streets policy comes back to the council for review, she hopes to see supporting data that clearly articulates costs and benefits, including benchmark data with other cities. She noted that the council had recent approved a pervious pavement project, and it wasn’t clear what the capital and operational differentials were. She understood that a policy doesn’t mean something is set in stone. But she wanted a solid sense of the costs that are contemplated by the green streets policy.

Outcome: The council voted unanimously to direct the development of a green streets policy.

Huron River

The Huron River was featured twice during the meeting – in connection with a proclamation about Huron River Day, and during public commentary about park rules against swimming in the river.

Misty Lyn and the Big Beautiful from their Sonic Lunch performance during the summer of 2011. From left: Ryan Gimpert, Misty Lyn, Matt Jones, Carol Gray, Jim Roll.

Huron River: Huron River Day

The proclamation in honor of Huron River Day is an annual one. This year the celebration falls on July 15. Co-founders of the event – Eunice Burns and Shirley Axon – were on hand to receive the proclamation.

Burns put in a plug for one of the bands that’s playing this year: Misty Lyn and the Big Beautiful. She noted that her granddaughter, Carol Gray, plays in the band.

In her brief remarks to councilmembers, Burns told them that some new events are included this year, among them a triathlon. The three legs of the event require bicycling from Argo to Gallup, running a circuit on land around Argo Pond and then kayaking back down to Gallup. [Swimming is not a part of the triathlon.]

Huron River: Swimming

David Collins introduced himself as an avid canoeist and occasional swimmer. He told the council he wanted to address some signs he’d seen posted at the Argo Cascades [a new bypass around Argo Dam that includes a series of drop pools]. The posted signs indicate that no swimming is allowed pursuant to Chapter 39 of the city code, which Collins described as apparently prohibiting swimming from city-owned land adjacent to waterways, except for those areas that are designated for it.

By way of background, Chapter 39 reads in relevant part:

3:2. – Restrictions.
While in a park, no person shall:
…
(16) swim, dive or play golf or hockey except in areas specifically designated for such purpose.

The idea of swimming in the Argo Cascades had been discussed at the park advisory commission meeting on May 15, 2012, when commissioners ventured that it might be a way to deal with the heat. From The Chronicle’s coverage:

David Barrett ask about the possibility of people swimming in the pools of the cascades – especially as the weather gets warmer. Colin Smith [the city's parks and recreation manager] noted that there’s a park rule against swimming in the river using parkland as a bank. And given the level of boating activity in the cascades, he said, if the intent was to go for a relaxing dip, it wouldn’t be all that relaxing.

During his remarks to the council on July 2, however, Collins contended that the park rule was unenforceable. He appreciated the city’s interest in promoting safety and in protecting itself from liability. But the city, he contended, does not have the authority to enact an ordinance like Chapter 39 that restricts use of the river. He cited the public trust doctrine that governs riparian rights and referred to a state of Michigan publication – ”Public Rights on Michigan Waters“:

It is quite clear that although a riparian owns the fee to the bed of a navigable (public) stream, his ownership is subordinate to the right of the public to the free and unobstructed use of the stream for navigation, fishing, swimming and other uses inherently belonging to the public.

Collins noted that if the city “invites guests,” it might have additional responsibility. For open and obvious dangers, he said, the city did not have liability. Only when the risks are hidden dangers are there real issues, he said.

Rather than post warnings about violations of an abstract, unenforceable piece of the city’s code, Collins suggested that the signs should provide warnings about real danger – like sharp, hidden rocks. That kind of sign could be more effective to prevent people from trying to use the Argo Cascades chutes as a water slide.

Barracuda Tax Abatement

The council considered setting a public hearing under Michigan’s Act 198 of 1974 on establishing an industrial development district for 317 Maynard St. in downtown Ann Arbor. Setting the hearing – for Aug. 9, 2012 – is the first of several actions that will be necessary to grant a tax abatement to Barracuda Networks, which is relocating from Depot Street to the downtown property owned by First Martin Corp. A letter dated June 1, 2012 from First Martin to the Ann Arbor city clerk requested the establishment of the district.

After the public hearing on the district, the council will need to vote on establishing the district. Then Barracuda Networks will need to apply for the abatement. The city council will need to vote to set another public hearing – this time on the abatement. And then the council will need to vote on the abatement itself. According to reports from Barracuda, the value of the abatement to be requested is estimated at around $85,000.

The city is prohibited by state statute from abating taxes on any more than 5% of the total state equalized value (SEV) of property in the city. Responding to an emailed query in May 2012 (in connection with a tax abatement for Sakti3), Tom Crawford, the city of Ann Arbor’s chief financial officer, wrote to The Chronicle that total SEV for the city for 2012 stands at $5,294,974,640, and the total SEV of abated property in 2012 is $8,935,974. That works out to 0.169% – well under 5%.

Outcome: Without discussion, the council voted to set a public hearing for Aug. 9, 2012 on establishing an industrial development district for 317 Maynard St.

Shell Station Rezoning, Site Plan

The council considered final approval of a request to revise the zoning regulations associated with the parcel on the northeast corner of Ann Arbor-Saline and West Eisenhower Parkway, where a Shell service station is located.

The city planning commission had previously voted unanimously to recommend approval of the zoning changes at its April 17, 2012 meeting.

The council was also asked to consider the site plan for the project.

Owners of the station are asking for revisions to the site’s planned unit development (PUD), which would allow them to build additions onto the existing 1,000-square-foot convenience store. The new additions would total 4,089 square feet, including 2,189 square feet to the north and east of the store. Their plan also calls for converting the 900-square-foot carwash area into new retail space. The existing access drive to the carwash would be landscaped, and the parking lot would be reconfigured for a new total of 16 spaces.

According to a planning staff memo, the PUD revisions were recommended because they are seen as providing an overall benefit to the city, by: (1) supporting the continued viability of retail options for the surrounding neighborhood; (2) creating job opportunities from this expansion; and (3) controlling the architectural design standards of this building as a gateway into the city.

The initial approval to the PUD rezoning was given at the council’s May 21, 2012 meeting.

Shell Station: Public Hearings

Separate public hearings were held on the PUD rezoning and the site plan.

Thomas Partridge was the only person who spoke at either hearing. He introduced himself as a resident and candidate to represent the 53rd District in the Michigan house of representatives. He called on the city council to come together behind a specific and firm commitment to affordability goals and environmental goals as part of the sustainability goals that were on that evening’s agenda. Those goals should include a commitment by service stations to support the public transportation system, he said. Service stations should be required to provide charging stations for electric vehicles, he contended. They should also be required to provide adaptable technology for hydrogen-powered vehicles.

Partridge called for the zoning change to be revised to require access to affordable housing.

Outcome: Without discussion, on separate votes, the council unanimously approved the site plan and rezoning request for the Shell station at the northeast corner of Ann Arbor-Saline and West Eisenhower Parkway.

City Membership in Washtenaw Health Initiative

The council considered a resolution that allows the city of Ann Arbor to become a member of the Washtenaw Health Initiative (WHI). The resolution altered the budget for fiscal year 2013 (which began July 1, 2012) by adding $10,000 of general fund money to the budget for the office of community development – to cover the membership fee for this year. The resolution also recommends consideration of renewing the membership next year. [The city of Ann Arbor adopts budgets only one year at a time.]

A goal of WHI is to help local health care providers handle an influx of an estimated 50,000 newly insured patients when federal health care reforms take effect in 2014. The goal is to develop a plan to provide better health care for the county’s low-income residents, the uninsured and people on Medicaid – prior to changes that will be mandated by the federal Patient Protection and Affordable Care Act, recently upheld by the U.S. Supreme Court.

Currently, 2,719 people in Washtenaw County are already eligible for Medicaid but not enrolled – and of those, 958 are city of Ann Arbor residents.

The WHI is a collaboration co-chaired by former county administrator Bob Guenzel and retired University of Michigan treasurer Norman Herbert, along with Ellen Rabinowitz, executive director of the Washtenaw Health Plan. The effort is jointly sponsored by the UM Health System and Saint Joseph Mercy Health System, and facilitated by Marianne Udow-Phillips, director of the Center for Healthcare Research & Transformation – a joint venture of UM and Blue Cross Blue Shield of Michigan.

Other partners involved in the project include the Ann Arbor/Ypsilanti Regional Chamber of Commerce, Arbor Hospice, Catholic Social Services, Dawn Farm, Hope Clinic, Huron Valley Ambulance, Integrated Health Associates, Packard Health, Planned Parenthood of Mid and South Michigan, United Way of Washtenaw County, and the Women’s Center of Southeastern Michigan.

The Washtenaw County board of commissioners voted on April 4, 2012 to make the county a member of WHI – and approved the $10,000 membership fee. The city and county are two of over 30 members of WHI, who have together contributed more than $100,000 to the effort.

Washtenaw Health Initiative: Council Deliberations

Appearing before the council were Bob Guenzel, community co-chair of WHI, and Marianne Udow-Phillips, director of the Center for Healthcare Research & Transformation. CHRT is facilitating the initiative, Udow-Phillips told the council.

Sabra Briere (Ward 1) noted that when the council had been briefed about the initiative at a previous working session, councilmembers had been told they’d eventually be asked for funding. Briere asked: What will the $10,000 help accomplish? Guenzel noted that WHI has been a voluntary effort led by the two major health systems in the area – the University of Michigan Health System and Saint Joseph Mercy Health System. Guenzel continued by saying that retired Saint Joseph Mercy Health System CEO Bob Laverty had started the effort and that Udow-Phillips had provided her organization’s support. The first year and a half, Guenzel said, the entire effort had been voluntary. They’d decided they didn’t want to incorporate as a 501(c)(3).

Instead, he said, they’re asking entities to become charter members of the organization. Many of the member agencies contribute in-kind support, he said – like the hospitals and safety-net clinics. For next year, Guenzel said, they’ve developed a budget of about $100,000. That will ensure the availability of a dedicated employee from Udow-Phillips’ CHRT.

Guenzel told the council that WHI had approached the two major health systems for support and they’d agreed to help with $30,000 each. But the two health systems also wanted the community to contribute a piece of the support. Guenzel said that WHI had asked the Ann Arbor Area Community Foundation, United Way and the Washtenaw County board of commissioners for $10,000 a year. So WHI was now asking the city to contribute the same amount that the county had contributed.

Guenzel felt that this approach is effective and efficient. CHRT has made a great commitment, he said, in terms of their expertise and their ability to draw other agencies together. Whether the Affordable Health Care Act was upheld or not, Guenzel said, WHI thinks the initiative is important. The Supreme Court ruling meant that it had gotten over one hurdle, but he expected there would be others.

Guenzel concluded by allowing he’d given a long answer to Briere’s question. Briere told him it had been a good answer.

Briere followed up by asking how WHI will dovetail with what the state of Michigan does. Udow-Phillips responded to Briere’s question by saying that assuming the state moves ahead with Medicaid expansion, the WHI efforts will help the community plan to provide access to health care for those who’ll be newly insured. Even if the state does not move ahead with an expansion of Medicaid, she said, then the state or the federal government will move ahead by establishing a health care exchange. That will result in 300,000-400,000 people in Michigan who will get subsidies to buy private health insurance. Many of those people will be in Washtenaw County, she said, so by planning, the county’s health care system will be able to serve these newly-insured people.

In Washtenaw County, Udow-Philips continued, there are about 28,000 people who are uninsured. About 13,000 of those would be eligible for Medicaid under a Medicaid expansion, and most of those would be eligible for a subsidy to purchase private insurance, if that’s the route that’s taken.

Tony Derezinski (Ward 2) said he’s happy to hear this news. Ann Arbor is a great place to retire, he said, because of the quality of the health care. He asked Udow-Philips if she’d looked at other community health plans before developing an approach. She indicated that the model was Massachusetts – and the planning that Massachusetts had failed to do. When more people became eligible, there were not enough providers to give them access, she said. Massachusetts had not done the kind of planning WHI is doing in this county, she said. Once the Affordable Health Care Act was passed, the WHI organizers decided they wanted to do the necessary planning. No other counties are doing the kind of planning WHI is doing, she said. She’d like Washtenaw to be a role model for other counties in Michigan.

Carsten Hohnke (Ward 5) thanked Udow-Philips for her efforts. If it turns out that WHI determines there’s a lack of health care capacity compared to the needs of the newly-insured, Hohnke wanted to know what some of the options are for expanding that capacity. Udow-Philips told Hohnke that they’re in the final stages of that analysis right now. Both major health systems are bringing in more practitioners to Washtenaw County, she said. But it’s important to make sure those practitioners serve the Medicaid population. So WHI is working with major safety-net providers – like the Packard Clinic, Ypsilanti Family Practice and the Taubman Center – to make sure practitioners will be available. Udow-Philips stressed that not just doctors are considered practitioners – it could mean nurse practitioners, she said. The preliminary numbers would be looked at the following week, she said, to look at what the gap in capacity might be.

Outcome: The council voted unanimously to approve the $10,000 of support for the Washtenaw Health Initiative.

Commission Appointments

The council considered confirmation of four nominations to three different commissions; all nominations had been made at the council’s previous meeting, on June 18, 2012.

Toward the end of the July 2 meeting, Ken Clein and Kirk Westphal were considered as appointments to the city planning commission. The late agenda slot is reserved for confirmation of mayoral nominations. The vast majority of board and commission appointments are made by the mayor.

However, nominations to the environmental commission and the greenbelt advisory commission are made by the council as a body. So those confirmation votes came relatively early in the meeting as a part of “council business.” The council considered John German’s nomination to the city’s environmental commission and Archer Christian’s nomination to the greenbelt advisory commission.

Appointments: Christian to Greenbelt

On the greenbelt advisory commission, Christian is replacing Mike Garfield. Garfield is director of the Ecology Center, a nonprofit based in Ann Arbor, and Ms. Christian is the center’s development director. Garfield was term-limited as a GAC member, having served two consecutive three-year terms. The spot vacated by Garfield is not designated for a representative of the Ecology Center. However, the nine-member commission includes two slots for representatives of environmental and/or conservation groups. The greenbelt advisory commission oversees the proceeds generated by two-thirds of the city’s open space and parkland preservation millage, which is levied at a rate of 0.5 mills.

Council deliberations were brief. Carsten Hohnke (Ward 5), who serves as the city council’s representative to the greenbelt advisory commission, reminded his colleagues that Ms. Christian is filling a slot on the commission designated for someone who works with a conservation organization. Christian also has a long history of involvement in land conservancy, Hohnke said.

Outcome: The council unanimously confirmed Archer Christian’s appointment to the greenbelt advisory commission.

Appointments: German to Environmental

John German’s term on the environmental commission expired in August 2011, but he has continued to serve. His nomination and confirmation amounted to formalizing what was already the case. German’s background includes work with Chrysler, the U.S. Environmental Protection Agency, Honda, and the International Council for Clean Transportation.

Ann Arbor’s environmental commission was established 12 years ago through a city ordinance, with the charge to “advise and make recommendations to the city council and city administrator on environmental policy, environmental issues and environmental implications of all city programs and proposals on the air, water, land and public health.”

The council’s deliberations consisted of a reminder from Sabra Briere (Ward 1), one of the council’s representatives to the environmental commission, that German is currently serving on the commission, that his re-appointment was missed at its time of renewal last year. So the appointment the council would be making, she said, would extend retroactively. The three-year term would thus end on Aug. 7, 2014.

During her communications time, Briere also announced that applications for a vacancy on the commission would be considered at the commission’s next meeting. She encouraged people to apply.

Outcome: The council voted unanimously to confirm John German’s appointment to the environmental commission.

Appointments: Clein, Westphal to Planning

On the city planning commission, Ken Clein, a principal with Quinn Evans Architects, replaces Erica Briggs, who did not seek re-appointment. Among the architectural projects Clein has worked on locally are the University of Michigan’s Hill Auditorium renovation, the new Ann Arbor municipal center, and the Zingerman’s Deli expansion.

Kirk Westphal’s appointment was a re-appointment. Westphal is principal at Westphal Associates, a firm that produces video documentaries. He holds a master’s degree in urban planning from the University of Michigan. City planning commissioners serve three-year terms.

Outcome: The council voted unanimously to confirm the appointments of Ken Clein and Kirk Westphal to the planning commission.

Labor Agreements

The council considered separately three collective bargaining agreements with members of the Teamsters Local 214: with the police professional assistants (4 employees), the deputy chiefs (2 employees) and the civilian supervisors (~30 employees). Robyn Wilkerson, human resources and labor relations director for the city of Ann Arbor, responded to questions from Jane Lumm (Ward 2).

From left: Marcia Higgins (Ward 4) confers with Jane Lumm (Ward 2).

Lumm had questions about the new-hire pension program, which the city began implementing for its employees last year. It involves increasing the vesting period for the pension program from five years to 10 years, and calculating the pension based on a final average compensation of five years instead of three years. All of the collective bargaining agreements include no wage increase, but instead a lump sum payment of $1,000. The contracts for all three units are for two years, through June 30, 2014.

Wilkerson clarified for Lumm that the same pension program language is in previous agreements – for police and fire department employees. It’s now officially city-wide. Lumm inquired if it had been discussed by the council’s labor committee. Marcia Higgins (Ward 4) indicated that the policy had been considered and moved forward in June 2011.

Higgins, who serves as chair of the council’s labor committee, explained that the contracts came up quickly on the council’s agenda because the items move to the agenda when the bargaining units ratify the contracts. City administrator Steve Powers confirmed that the collective bargaining units had just ratified the agreements the previous Thursday. Lumm briefly mulled the possibility of asking for postponement, but decided simply to express her view that she feels strongly that the city needs to move to a defined contribution plan instead of the defined benefits plan it currently has. She reminded her colleagues that she had been prepared to bring forward a resolution on the night they’d deliberated on the FY 2013 budget – a resolution that would have directed the development of a defined contribution plan. That night she’d declined to put the resolution before the council, due to the meeting’s late hour, but she indicated at the July 2 meeting that she’d bring the proposal to the council’s budget committee.

Stephen Kunselman (Ward 3) observed that with the move to shorter, two-year contracts, the city would basically be in a phase of continuing negotiations. Wilkerson pointed out that they are all two-year agreements with wage re-openers after one year. She observed that since the state legislature has passed a law regulating how much public employers could contribute to employee health care, it means that the focus of the bargaining is on wages. Kunselman ventured that there would be plenty of time to address the issues if concerns come up.

Lumm asked how many employees were in the group of civilian supervisors. Wilkerson told her it was about 30. Lumm wanted to know if Wilkerson had a sense of how many new hires would be made in that category. Wilkerson indicated that based on what she was seeing in other departments, she thinks there will be a significant increase in retirees.

Outcome: On three separate votes, the council unanimously approved the collective bargaining agreements.

Weapons Screening Contract

On the July 2 agenda was a resolution to approve a contract with the Washtenaw County sheriff’s office. The city would pay $187,000 annually for the sheriff’s office to provide weapons screening services for the 15th District Court, located inside the city’s new justice center building at the corner of Fifth and Huron.

The contract pays $25.25 per hour per officer, with the number of officers estimated to be roughly three each day. Currently, the weapons screening takes place at metal detectors at the building’s entrance.

During the brief council deliberations, Jane Lumm (Ward 2) recalled the council’s previous discussion about the location of the security checkpoint within the building.

The city council engaged in lengthy deliberations at its April 2, 2012 meeting about the placement of the security check. The context of those deliberations was a vote on the acquisition of Ed Carpenter’s proposed “Radius” sculpture, at a cost of $150,000, to be installed in the lobby of the justice center building. As proposed, and eventually approved by the council, viewing the sculpture from inside the building during normal business hours would require going through a security check.

Lumm asked about a meeting of the city council’s building committee that had been mentioned at the time. City administrator Steve Powers told her that a meeting of that committee had been set for July 16. The meeting will include a discussion of the location of the security checkpoint.

Ballot Questions

The Ann Arbor city council has until its second meeting in August to put various questions before voters on the Nov. 6, 2012 ballot.

Ballot Questions: Charter Amendment on Leasing Parks

During communications time at its July 2 meeting, the council heard from Jane Lumm (Ward 2) that she and Mike Anglin (Ward 5) are working to bring a ballot question to Ann Arbor voters that would further tweak a city charter provision related to the sale of parkland.

The charter provision had been approved in November 2008 by a 81%-19% margin (42,969 to 9,944). The tweak would involve adding actions like “lease,” “license,” or “re-designate” to the set of actions on city parkland that require a voter referendum.

The 2008 ballot question had asked voters if they wanted to add a clause to the city charter that would prevent the sale of city parkland without a voter referendum. Michigan’s Home Rule City Act already lists among a city’s prohibited powers: “… to sell a park, cemetery, or any part of a park or cemetery, except where the park is not required under an official master plan of the city …” But that year some residents were concerned that the city was looking to sell Huron Hills golf course – and they saw the exception in the state statute as a possible loophole. The council voted to place the question before voters that year over dissent from councilmember Marcia Higgins (Ward 4) and former councilmember Leigh Greden.

That year, the council had consciously settled on wording that included just selling, as opposed to leasing. In an Oct. 31, 2008 Ann Arbor News article, mayor John Hieftje was quoted as follows: “From time to time, we’ve thought about how nice it might be to have a restaurant near the river. I think it’s something people would really enjoy … That would be impossible if the ballot measure was expanded to include leasing.”

What prompts the current desire to contemplate adding “leasing” and other arrangements to the mix is concern that a portion of Fuller Park could eventually be used for a new rail station. Amtrak currently operates a station on Depot Street near the Broadway bridges. [See coverage of the council's June 4, 2012 meeting, when it accepted a $2.8 million federal grant to complete a planning study to confirm the Fuller Road site as the locally preferred alternative location for a new rail station.]

One draft of the ballot question that Lumm and Anglin are crafting reads: “Shall the voters of the City of Ann Arbor amend the city charter to require that the city shall not sell, lease, license, re-categorize or repurpose, without the approval, by a majority vote of the electors of the city voting on the question at a regular or special election, any city park, or land in the city acquired for a park, cemetery, or any part thereof?” Lumm indicated that she’d bring the resolution to the council for a vote at its July 16 meeting.

Mike Anglin (Ward 5).

Lumm recounted much of the history of the previous charter amendment and thanked assistant city attorney Mary Fales for her help in drafting the ballot question.

Later during a second round of council communications, Anglin followed up on Lumm’s remarks. He described the history of the 2008 resolution as not enjoying support from some environmental groups – saying that many people knew the language was imperfect when it was presented. Still, Anglin said, the charter amendment was a way of moving something forward that was needed at the time. There’s always been a group of people who are interested in how to further protect our parks, he said. When the PROS (parks and recreation open space) plan was adopted [at the city council's March 7, 2011 meeting], Anglin said he refused to voted for it because he felt that the plan was not as assiduous as it should be about protecting the city’s own land.

From The Chronicle’s coverage of Anglin’s opposition to the PROS plan in early 2011:

Mike Anglin (Ward 5) weighed in saying that he was 95% in favor of the plan but had some problems with it that would lead him to vote against it. He then read aloud a statement with objections, including issues with the proposed Fuller Road Station and public-private partnerships in the parks.

Speaking about the upcoming charter amendment resolution, Anglin allowed that there are a number of “tricky” items in it. But he felt it’s important to continue to work to fulfill the intent of the 2008 charter amendment. He said he’d be talking to individual councilmembers about it, and he hoped it could make it onto the ballot in November.

Ballot Questions: Park Maintenance & Capital Improvements Millage

While council support for placing a parkland lease question on the November 2012 ballot is uncertain, it’s likely that the council will follow the park advisory commission’s recommendation to place a renewal of the parks maintenance and capital improvements millage on the ballot. Christopher Taylor (Ward 3), who is one of two council ex officio members of PAC, indicated that consideration of that millage question would take place at the council’s July 16 meeting.

Taylor described PAC’s approach in evaluating the millage renewal as a long and diligent process to put the renewal of the existing parks millage before voters in November. PAC has also recommended that the council re-affirm the administrative policies that guide the use of the taxes generated by the millage.

Ballot Questions: Art, Non-Partisan Elections?

Other possible ballot questions that have received some consideration by councilmembers include a charter amendment that would make city elections non-partisan.

And during deliberations on May 7, 2012 about a piece of public art to be commissioned for the city’s new justice center, Stephen Kunselman (Ward 3) mentioned the possibility of establishing a millage just for public art. That would require placing a question on the ballot.

Locally, any city of Ann Arbor ballot questions might be joined by one that is likely to be put forward by the Ann Arbor District Library to support a downtown building project. A countywide transportation millage is less likely to be placed on the November ballot, given the delays in approval of all the necessary documents.

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: Voting

During his turn at public commentary at the conclusion of the meeting, Thomas Partridge called on all clerks in all jurisdictions in the next few days to promote voter registration before the deadline [July 9, 2012 for the Aug. 7, 2012 primary].

Example of a voter registration card recently mailed to Ann Arbor residents.

It’s important that citizens express themselves at the polls, Partridge said. Voting should be made more accessible and barriers to voting must be removed, he said. It should also be possible to vote without producing undue amounts of personal information and documentation. He also stated that serious consideration should be given to internet voting in the state of Michigan

And during his communications time at the start of the meeting, city administrator Steve Powers noted that residents have received in the mail an updated voter registration card. The reason for that is related to redistricting in connection with the 2010 census. The outcome of the changes in the city ward boundaries had not changed the voting location for the vast majority of residents, Powers noted, but the notification is required by law to be sent out.

Comm/Comm: Pool Closing

During his communications time, city administrator Steve Powers reported that the closure of Veterans Memorial Park pool had been caused by a pump failure – caused by a small towel getting into the mechanism. Staff are looking at ways to prevent that in the future, he said. [The pool is expected to be closed until July 11, 2012.]

Comm/Comm: 4-3 Jackson Lane Conversion

At its April 2, 2012 meeting, the Ann Arbor city council voted to submit a request to the Michigan Dept. of Transportation to convert the segment of Jackson Road between Maple Road and South Revena from four traffic lanes to three. At the council’s July 2 meeting, during his communications time, Mike Anglin (Ward 5) called that action by the council premature. [He and Jane Lumm (Ward 2) had voted against submitting the request.] Because of the public outcry, Anglin said, MDOT had scheduled another meeting: on Tuesday, July 10 from 5-8 p.m. at Abbott Elementary School, 2670 Sequoia Parkway.

Anglin said that commuters, who will be affected by the conversion, are also part of the community. He allowed that he’d also heard from members of the bicycling community on the issue [many of whom support the lane conversion].

Comm/Comm: Affordable Services

As he typically does, Thomas Partridge addressed the city council at the beginning of the meeting during public commentary reserved time and at the conclusion of the meeting as well. During his first turn at public commentary, he told councilmembers he’s running for state representative in the 53rd District of the Michigan house of representatives. He called for greater attention to affordable housing, transportation, health care and education. He also stated that it’s important to provide economic development and job growth for the city, the county and the region. As a representative, he said, he’d take on these goals and build from the ground up and fully fund these areas.

Comm/Comm: Smart Meters

Several people reprised public commentary from previous council meetings – on the topic of “smart meters,” which can record electricity consumption at relatively small intervals (less than an hour). The meters then communicate that usage information to the utility for monitoring and billing purposes. For the first time at an Ann Arbor city council meeting, a resident questioned the scientific and health claims made by those who oppose installation of the meters.

DTE smart meter.

Linda Kurtz expressed her objection to smart meters based on health effects. She described the biological mechanism by which smart meters affect the human body – by disrupting the regular voltage differences across cellular membranes. RF radiation dislodges calcium ions and causes membranes to leak, she contended, and it disrupts the blood-brain barrier.

Carol Neylon called it unconscionable that DTE has been allowed to install smart meters. She cited a multitude of independent issues, including personal privacy concerns and health issues. She contended that in Toronto, where such meters had been installed, the impact had been that customers received higher bills. She was concerned about the ability of DTE to shut off someone’s power remotely and to track energy usage 24/7. She characterized smart meter installation as being about a big company doing whatever it takes to make profits.

Bethanni Grecynski cited privacy concerns. She expressed concern about the ability to hack the system and obtain people’s energy consumption information. Although an option was being discussed to opt out of smart meter installation, she contended that it would cost $50/month. Many people can’t afford to pay that. She also contended that the smart meters can cause people’s bills to go up. She questioned whether it’s fair that only the rich can opt out – that didn’t seem like an American idea to her.

But her real interest, said Grecynski, is health. She allowed that statistics have shown the smart meters are safe – but she asked councilmembers to remember how cigarettes and processed food were once thought to be safe.

Nanci Gerler told councilmembers that she’d lived in Ann Arbor 44 years. She noted that she had appeared before the city council previously. She’s not happy about the continued installation of smart meters in the community. A recent meeting about smart meters held at Crazy Wisdom bookstore was standing-room only, she reported, so concern is growing. She noted that a Michigan Public Service Commission (MPSC) report recommends an opt-out provision. Now, she said, DTE has 90 days to respond. But in the meantime, the community will be saturated with smart meters, she said. She contended that the effect is already palpable for those who are hypersensitive to electromagnetic radiation.

Michael Benson introduced himself as a Ward 2 resident, but wanted to address the council as a graduate student in the University of Michigan radiation laboratory. He deals with electromagnetic radiation on a regular basis, he said. He’s not an expert, he allowed, but felt it was appropriate to provide a few facts. He noted that public commenters had said that smart meters provide additional RF radiation – sure, that’s true, he said. A cell phone, or a computer, or even the microphone he was speaking into are radiating a little bit. The FCC provides standards for levels of radiation that are acceptable, he continued, and testing is done by the NIH (National Institutes of Health). Cell phones operate at a maximum of 1W of transmitting power compared to smart meters at 250 mW – or about 1/4 the level of a cell phone, he said. Those figures are the maximum – and they’re often below that, he said.

Benson also observed that during public commentary, councilmembers had heard about electromagnetic hypersensitivity. He contended that WebMD is a pretty good reference source for medical conditions, and this condition is not listed on WebMD. Benson told the council he was not there to comment on the public policy issue of smart meters, but as far as the science goes, he suggested that councilmembers take everything they’d heard “with a grain of salt.”

By way of anecdotal illustration, no apparent impact can be seen on The Chronicle’s measured residential electricity use since installation of a smart meter in March 2012:

Over the last four fiscal years, electricity usage at The Chronicle’s residence has shown essentially the same seasonal variation. Green bars are the most recent year. Lines are previous years.

In this gas-furnace house (thermostat 60 F), supplemented by electric space heaters, the electricity usage (blue bars) patterns with heating/cooling degree days.

Comm/Comm: Dream Nite Club Lawsuit

During his communications time, city attorney Stephen Postema told the council that before that night’s meeting, Tony Derezinski (Ward 2) had asked Postema to mention the Dream Nite Club cases. [The city had taken steps that led to the revocation of the club's liquor license. For some previous Chronicle coverage, see the March 19, 2012 city council meeting report.]

Four significant rulings – two in federal court and two in state court – had gone the city’s way, Postema reported. The ruling illustrated the importance of the process the city followed, he said. The courts had upheld every aspect of the city’s action. Postema stressed that a liquor license does not involve just rights, but also responsibilities.

Postema described Derezinski’s handling of the liquor license hearing, over which Derezinski had presided, as requiring “great patience.” Postema felt like the judges in the cases had read the entire transcript of the hearing. The conclusion had been that all the due process elements were met. Postema stated that the city was ready to be challenged, and it was gratifying to have the courts confirm the city’s position. He also emphasized that the entire process associated with revoking the Dream Nite Club liquor license had taken a lot of work – and people sometimes forget the amount of work that it takes to do the business of the city.

Not reported by Postema to the council at their meeting was the filing earlier that day, July 2, of a motion to set aside the judgment that had been made against the Dream Nite Club owners by judge Paul Borman. The motion seeks to set aside the judgment and to file an amended complaint. The amended complaint lists out a number of specific allegations, including the use of racial epithets by individual Ann Arbor police department officers in their interactions with Dream Nite Club management staff. The amended complaint alleges that AAPD officers had indicated a desire to shut down the club because of its black clientele, and had scrutinized black patrons in a manner that white patrons were not forced to undergo.

The original complaint did not include those specific allegations.

Borman’s opinion in dismissing the case had been based on the unamended complaint. Borman’s ruling relied in part on a U.S. Supreme Court case, Ashcroft v. Iqbal (2009).

Defendant City of Ann Arbor’s increase in police activity outside of Plaintiffs’ nightclub after a violent incident may have incidentally impacted the racial minorities who happen to patronize Plaintiffs’ nightclub, but the purpose of increasing the police presence was not to target racial minorities. The facts alleged impel the conclusion that police activity increased as a result of crime at and in the vicinity of the nightclub. Thus, Plaintiffs’ conclusory allegations of racial animus “are … not entitled to be assumed true.” Iqbal, 556 U.S. at 681.

Inferring racially discriminatory intent from the sequence of events alleged in the Complaint, as Plaintiffs ask the Court to do, requires an inferential leap that is not supported by the facts.

The Iqbal case was significant, because it’s been analyzed as signaling a change in the basic way that courts are supposed to consider motions to dismiss a case. Following Iqbal requires district courts to distinguish allegations that are statements of fact from those that are conclusions of law. It’s been analyzed as a return to “fact pleading” – which requires a claim to include all the relevant facts in support of the claims that have been asserted. From 1938 until Iqbal, the prevailing system had been “notice pleading,” which requires only sufficient facts to put someone on notice about the claims asserted against them. Under “notice pleading,” the expectation is the facts would be introduced partly under the discovery process – where a plaintiff would be able to depose witnesses and subpoena additional documents from a defendant.

Comm/Comm: Human Rights

Sandi Smith (Ward 1) who also serves on the city’s human rights commission, announced that the commission is partnering with the Michigan Department of Civil Rights to hold a public hearing on Thursday, July 12, from 6:30-9 p.m. in the city council chambers in city hall. The purpose of this hearing is to hear testimony on discrimination based on sexual orientation and gender identity – especially as it relates to the Elliot-Larsen Civil Rights Act.

Comm/Comm: Nuclear Weapons

Odile Hugonot Haber addressed the council on the topic of nuclear weapons. She recalled how 10 years ago she’d organized a week-long teach-in on nuclear weapons. She lamented the fact that not very much progress is being made – nuclear states are not reducing their stocks. The weapons will be smaller and meaner, she said. We’re spending a trillion dollars on nuclear weapons rather than on life, she said, and that’s concerning to her.

Comm/Comm: Half-Crosswalks

Kathy Griswold told the council that in the course of her work to document crosswalks and intersections that do not have adequate sight distance, she’d noticed two crosswalks that are only “half a crosswalk.” One is in front of Casey’s Tavern on Depot Street – on the north side of the street there’s not anything, but on the south side there’s a curbcut. The other location is on Traver at Nixon. She said there’s a curbcut on the south side of the street, but nothing on the north side.

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

Absent: John Hieftje.

Next council meeting: Monday, July 16, 2012 at 7 p.m. in the council chambers at 301 E. Huron. [confirm date]

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A goal of WHI is to help local health care providers handle an influx of an estimated 50,000 newly insured patients when federal health care reforms take effect in 2014. The goal is to develop a plan to provide better health care for the county’s low-income residents, the uninsured and people on Medicaid – prior to changes that will be mandated by the federal Patient Protection and Affordable Care Act, recently upheld by the U.S. Supreme Court.

Currently, 2,719 people in Washtenaw County are already eligible for Medicaid but not enrolled – and of those, 958 are city of Ann Arbor residents.

The WHI is a collaboration co-chaired by former county administrator Bob Guenzel and retired University of Michigan treasurer Norman Herbert, along with Ellen Rabinowitz, executive director of the Washtenaw Health Plan. The effort is jointly sponsored by the UM Health System and Saint Joseph Mercy Health System, and facilitated by Marianne Udow-Phillips, director of the Center for Healthcare Research & Transformation – a joint venture of UM and Blue Cross Blue Shield of Michigan.

Other partners involved in the project include the Ann Arbor/Ypsilanti Regional Chamber of Commerce, Arbor Hospice, Catholic Social Services, Dawn Farm, Hope Clinic, Huron Valley Ambulance, Integrated Health Associates, Packard Health, Planned Parenthood of Mid and South Michigan, United Way of Washtenaw County, and the Women’s Center of Southeastern Michigan.

The Washtenaw County board of commissioners voted on April 4, 2012 to make the county a member of WHI – and approved the $10,000 membership fee. The city and county are two of over 30 members of WHI, who have together contributed more than $100,000 to the effort.

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]

Victoria Powell, who spoke during public commentary to oppose oil and gas drilling using the technique called "fracking," talks with commissioner Leah Gunn at the April 4, 2012 Washtenaw County board of commissioners meeting. (Photos by the writer.)

Several residents spoke on the topic during public commentary, citing concerns over health, well contamination, property devaluation, and damaged roads caused by company tanker trucks, among other effects. They noted that state regulators aren’t providing adequate oversight or protection, and urged the board to take action.

Speakers included Mitch Rohde, CEO of Saline-based Quantum Signal and founder of “NoPaxton.com,” which has mobilized against drilling in this area by Paxton Resources, a company based in Gaylord, Mich. The company recently notified the county that it has filed an application with the Michigan Dept. of Environmental Quality for permission to drill an exploratory oil and natural gas well in Saline Township. [.pdf of notification letter]

Several commissioners thanked the speakers for coming and expressed their own intent to look into the issue, though it’s not clear what action can be taken at the county level. An April 19 working session will focus on the topic. That meeting begins at 6 p.m. at the county administration building, 220 N. Main St. in Ann Arbor.

In other items at the April 4 meeting, commissioners honored county dispatchers and got an update on cleanup from the March 15 tornado that touched down in the Dexter area. Marc Breckenridge, the county’s director of emergency management and homeland security, gave an estimate of $5 million in damages to private homes and property, and another $2 million in response costs – expenses incurred from the road commission, county workers, the sheriff’s office and others. The county intends to apply to the state for help in covering some of these costs.

Funding controlled by the state was key to another item on the April 4 agenda: A resolution urging state legislators not to eliminate the personal property tax, unless 100% replacement revenues are guaranteed. More than $40 million in PPT revenues are received by local units of government within Washtenaw County. Leah Gunn, who wrote the resolution, expressed skepticism that legislators would pay attention to the county’s concerns, but said it would at least send the message: ”Don’t mess with us.”

Two action items were related to the county’s criminal justice system. The board approved the appointment of Elisha V. Fink as magistrate of the 14A District Court. She’s filling a vacant part-time position previously held by Camille Horne, who left the job at the end of 2011. Commissioners also gave initial approval to hire Nimish Ganatra as an assistant prosecuting attorney at a salary of $81,690. The vacancy opened in December, following an employee retirement. The hire requires board approval because the salary is above the $69,038 midpoint of an authorized range. While several commissioners praised the hire and the office of county prosecuting attorney Brian Mackie, Wes Prater cast a dissenting vote. Citing ongoing budget challenges, he objected to hiring someone at an above-midpoint level.

Several other items were handled during the meeting, including: (1) final approval for the county to become a charter member of the Washtenaw Health Initiative, at an annual cost of $10,000; (2) initial approval to accept federal grants for the county’s weatherization program for low-income residents; and (3) acceptance of federal grants for local workforce development programs.

During public commentary, Douglas Smith talked about a lawsuit he’s filed against the county over a denial of his Freedom of Information Act request. The FOIA related to a surveillance video of an incident in Ypsilanti Township involving the theft of $20 from a court employee’s car – Smith alleges the money was taken by a high-level staffer with the sheriff’s office. Smith has spoken about this issue at previous board meetings, asking the board to intervene.

“Fracking” in Washtenaw County

Concerns about proposed oil and gas drilling in the Saline area using a technique known as “fracking” were raised by several speakers during public commentary at the April 4 meeting. Similar concerns had been voiced by commissioners at previous meetings, and the board plans to hold an April 19 working session on the topic.

“Fracking” in Washtenaw County: Public Commentary

Kurk Gleichman of Pittsfield Township told commissioners that a growing number of people have concerns about the practice of hydraulic fracturing, and are often discouraged by the influence that the oil and gas industry has on federal, state and sometimes local officials. Some communities have passed ordinances that ban the practice, he noted. Initially, local officials believed that they couldn’t pass laws that are stronger than state law, he said, but such laws can be instituted for the safety and security of residents. He reported that several groups in the community have formed, including NoPaxton.com and Ban Michigan Fracking. They support a ban on fracking, as well as a ban on waste generated from the practice, which is also a problem.

Victoria Powell, an Adrian resident, highlighted the impact of oil and gas drilling on the water supply. No one is addressing the issue of water depravation and contamination, she said, and it’s already a critical issue. She applauded the recent unanimous vote by the county road commission to reject drilling on property it owns in Saline Township.

Powell held up a map of Michigan that showed all the sites of existing underground storage tanks that are leaking. [The state Dept. of Environmental Quality provides an online searchable database to identify the location of leaking underground tanks. For example, a search for such sites in Ann Arbor yielded a list of 58 locations.] Last year, Jackson County – west of and adjacent to Washtenaw County – was the top crude oil-producing county in Michigan, Powell said. None of it is being used domestically, she contended. Many of the 42 wells in that county are near wetlands, but the DEQ says that drilling there is acceptable, Power reported.

Powell also spoke during a second opportunity for public commentary later in the meeting. She said the DEQ is thriving because it gets revenue from the hundreds of drilling permits it issues. Hal Fitch – chief of the DEQ’s office of oil, gas and minerals – is the single person to decide whether permits are issued, she said. Environmental impact studies must be done before drilling can occur, but those studies are done by the oil and gas companies, Powell said. There are currently about 18,000 wells in the state and less than three dozen inspectors who are supposed to inspect each well twice a year. Powell said she didn’t see how they could do that. There have been successful ordinances passed in cities like Pittsburgh and Buffalo that protect communities. She noted that if a property owner signs a contract with an oil or gas company allowing mineral exploration, they give away control of their property. Some lenders require notification of that, she said, and if you don’t provide it, you might be considered in default of your mortgage.

Powell concluded by noting that a meeting was being held in the Jackson County town of Brooklyn the next evening, featuring Chris Grobbel of Grobbel Environmental, who also teaches at Michigan State University. She suggested that commissioners might want to ask him to come to one of their meetings, too.

Brent Bartson of Lodi Township said he came to ask for help. As a property owner, he felt threatened by the risk that oil companies were posing to his health and the community’s health. Four wells had been drilled in Saline Township that use an acidizing technique. It’s not technically fracking, but it’s “fracking in sheep’s clothing,” he said. Bartson asked the board to adopt a resolution similar to one recently approved by the Wayne County commission, which called for a statewide and national ban on hydraulic fracturing for natural gas. It would send a strong message to the state and the rest of the community that Washtenaw County is environmentally conscientious and doesn’t want this kind of risk imposed on its citizens. He suggested that rights-based ordinances – like those enacted in New York and Pennsylvania – have withstood legal scrutiny in court, and that might be a good place to start, he said.

Mitch Rohde identified himself as CEO of Saline-based Quantum Signal, which he said has added more than 40 jobs over the past decade. He’s also founder of “NoPaxton.com,” which has mobilized against drilling in this area by Paxton Resources, a company based in Gaylord, Mich.

Rohde said he was approached in October about the possibility of licensing the mineral rights on his property. After looking into it, he said what he found was frightening: drilling that resulted in well contamination and property devaluation, and damaged roads caused by company tanker trucks, among other effects. He noted that there is insufficient state regulation and oversight of these activities – he has no confidence in the DEQ. He urged the board to take action not just symbolically, but to enact serious measures that have worked in other communities.

“Fracking” in Washtenaw County: Board Discussion

There was no agenda item related to this topic, but several commissioners responded to the public commentary.

Yousef Rabhi began by thanking the residents for coming and speaking out about their concerns. He called it one of the most important issues facing this community, and noted that there’s already been an example of industrial contamination – the 1,4 dioxane contamination of underground aquifers caused by the former Gelman Sciences manufacturing plant in Scio Township. Court-ordered cleanup of that contamination has been going on for years. It’s important to be aware of current threats to property rights and health, he said, but also to be aware of future threats – in some cases, the impact of contaminants might not be known for many years.

Commissioner Yousef Rabhi pointed out that the county has received a communication from Paxton Resources indicating its intent to drill in Saline Township.

Rabhi wanted the speakers to know that they have a lot of support among commissioners. It’s important to take a stand against these companies, he said, though it seems like the state is on the side of the industry, and is not protecting citizens. He said that he and others have met with county staff to talk about what can be done, and there are a lot of hurdles to action. The consensus is that at the county level, there’s nothing meaningful that can be done, he said.

Rabhi pointed out that Paxton Resources has notified the county that it has filed an application with the MDEQ to drill an exploratory oil and natural gas well in Saline Township. [.pdf of notification letter] Dialogue still needs to occur, he said, and he reported that the board plans to hold an April 19 working session on the issue. [Rabhi is chair of the working sessions.]

Barbara Bergman echoed Rabhi’s comments, and added that she’s concerned for her children and grandchildren. The nation’s willingness to harm others because of its insatiable energy needs doesn’t make sense, she said.

Conan Smith noted that Wes Prater has prepared a resolution similar to one passed last year by the Wayne County board of commissioners, which called for a statewide and national ban on hydraulic fracturing for natural gas. Smith said they could discuss the issue at the April 19 working session, then take up the resolution at a subsequent board meeting. The board will take whatever action it can, he added, and try to identify ways to make an actual impact.

Leah Gunn said that fresh water is one of the most precious resources, and when it’s polluted, “it’s over.”

Felicia Brabec noted that the speakers during public commentary are on the “front lines” of this issue, and have a better understanding than commissioners about what’s happening in their community related to fracking. She expressed interest in bringing some of the speakers back to the podium to answer questions, but Rolland Sizemore Jr. – who was chairing the meeting – didn’t take that suggestion. He pointed out that they’d be having more discussion at the April 19 working session, and asked that elected officials from other local units of government in the county be invited to attend.

Noting that the drilling was focused on her district, Alicia Ping said it seemed like any action the board took would have less impact than action at the city or township level, but commissioners need to continue looking into it.

Prater observed that state regulations for drilling are set out in a document that’s only three pages long. The board can pressure Lansing to make oil and gas companies step up and do inspections. The National Association of Counties (NACO) has started looking into the issue, he said, and the U.S. Environmental Protection Agency is doing a study that will be released in 2014. “Well, we can’t wait until 2014,” Prater said. At the very least, the county needs to ensure that inspections are happening, he concluded, even though ”they certainly don’t have much to enforce.”

Rabhi criticized the state’s office of oil, gas and minerals, which is responsible for issuing drilling permits. The office is funded based on how much oil and gas is extracted – why should you trust people who are funded this way? It’s very alarming and adds to the reasons why citizens must be vigilant, he said.

Conan Smith defended DEQ staff, saying that he knew several state regulators and they care about the environment. He said the agency is grossly underfunded. There’s no question that there’s a flaw in the funding mechanism, but he would hate to impugn their integrity as public servants for something that’s beyond their control.

Honoring County Dispatchers

At their March 21 meeting, commissioners had authorized up to $500,000 from capital reserves to fund disaster relief and assistance to residents impacted by the March 15 tornado in the Dexter area. At the April 4 meeting, a resolution was on the agenda tangentially related to that disaster, honoring Washtenaw County dispatchers and declaring the week of April 8-14 as National Public Safety Telecommunicator Week in Washtenaw County.

Sheriff Jerry Clayton, left, and Washtenaw County prosecuting attorney Brian Mackie talk with three dispatch employees – Sandy Petrimoulx, Rochelle Noonan and Sarah Taylor – who were on hand to receive a resolution honoring the work of dispatchers in the county.

Although the board passes a similar resolution annually at this time of year, the recent disaster response was highlighted during a presentation to the board by Marc Breckenridge, the county’s director of emergency management and homeland security. Commissioners asked Breckenridge to begin by giving an update on conditions in that part of the county.

The F3 tornado had destroyed 13 homes, seriously damaged several more, and caused minor damage to hundreds of homes and property, Breckenridge said. Crews from the county road commission and DTE were especially critical in getting the community back to normal, he said. Fire service and other emergency personnel had come together quickly and accounted for everyone – there were no serious injuries or deaths. The outdoor warning sirens and media coverage of the tornado were helpful in getting the word out to people so that they could take cover, he said.

Now, the focus has shifted to long-term recovery and assessing damage, Breckenridge said. He estimated that there are about $5 million in damages to private homes and property, and another $2 million in response costs – expenses incurred from the road commission, county workers, the sheriff’s office and others.

Yousef Rabhi asked where the funds would come from to pay for the $2 million in response costs. The county has committed up to $500,000 and the road commission is paying another $250,000, he noted. What are the other sources?

Initially, that state had indicated that no funds were available under Section 19 of the Michigan Emergency Management Act, Breckenridge said. However, state Rep. Mark Ouimet – whose district includes the Dexter area – had subsequently identified a line item of about $519,000 in state funds that had been set aside to help pay for emergency response at the local level. The funds are typically capped at $30,000 per unit of government, Breckenridge said.

Barbara Bergman noted that they might have identified that money, but wondered how it would be “wrested” out of Lansing. She observed that this is the reason people pay taxes – so that governments can respond to emergencies. She asked the people who opposed paying taxes to think about that.

The process has started to collect information and make a formal request for state funds, Breckenridge said. It’s a only little bit, he added, but they’ll take it. As an example, he noted that the Huron-Clinton Metroparks has submitted $350,000 for damage to its golf course.

County administrator Verna McDaniel reported that so far, only about $78,000 has been spent out of the $500,000 allocated last month by commissioners. She assured them that the staff will be very prudent and account for every dime that’s spent.

Bergman asked Breckenridge whether insurance companies are “ducking” their  obligations. He replied that he’s seen a lot of activity by insurance adjusters in the area, and insurance companies have engaged many of the construction crews that are working in the area.

Rolland Sizemore Jr. praised Breckenridge’s work, prompting Breckenridge to reply that it’s not a one-man effort. A lot of others did heavy lifting, he said. Sizemore also thanked sheriff Jerry Clayton, who attended the April 4 meeting in uniform. Sizemore alluded to Clayton’s work in consolidating dispatch operations between the county and the city of Ann Arbor. [The county board had approved the dispatch consolidation at its Jan. 18, 2012 meeting. The proposal had previously been authorized by the Ann Arbor city council on Dec. 5, 2011. For additional background, see Chronicle coverage: "Ann Arbor, Washtenaw: Joint 911 Dispatch?"]

Breckenridge then introduced three employees of the county’s dispatch operations: Sarah Taylor, dispatch operations coordinator; Rochelle Noonan, a new dispatch operations coordinator; and Sandy Petrimoulx, communications operator. Breckenridge noted that dispatchers on duty during the March 15 storm fielded 821 incoming calls between 5-9 p.m. One dispatcher handled about one per minute for a period, which Breckenridge described as a shocking number. It was outstanding performance from the crew, he said. “We’re very proud of them.”

Board chair Conan Smith read the resolution honoring the county’s dispatchers and declaring the week of April 8-14 as National Public Safety Telecommunicator Week in Washtenaw County. Commissioners gave the dispatchers a round of applause.

McDaniel stepped forward and read another resolution recognizing volunteers in the county, and declaring the week of April 15-21, 2012 as National Volunteer Week.

Message to Lansing: Don’t Cut Revenues

Commissioners considered a resolution at their April 4 meeting that asked state legislators to halt any bills that would eliminate the state’s personal property tax. More than $40 million in PPT revenues are received by local units of government within Washtenaw County.

The resolution calls the potential loss of PPT revenue “devastating,” and states that such a loss would ”severely reduce the level of services by the local governments, including but not limited to public safety, transportation, libraries, schools, and local infrastructure.” [.pdf of initial resolution]

Message to Lansing: Don’t Cut Revenues – Board Discussion

Alicia Ping began the discussion by proposing an amendment that would specify not eliminating the PPT unless there is 100% replacement of those PPT revenues. She said she didn’t object to eliminating the PPT per se, but wanted to ensure that the revenues were replaced if that tax were eliminated. It was considered a friendly amendment.

Yousef Rabhi said that the 100% revenue replacement shouldn’t rely on the whims of state legislators. Local units of government need to be give options to raise their own revenues, he said. They shouldn’t have to rely on decisions made in Lansing, like those related to revenue-sharing, which has been chronically uncertain.

Leah Gunn noted that there’s been talk in the past about pushing for options as Rabhi suggested – like getting the ability to tax football tickets, for example – but it never goes anywhere. She said their resolution should simply ask for 100% revenue replacement.

Rabhi then suggested adding the word “guarantee,” which was also taken as a friendly amendment.

Wes Prater wondered how the amount of revenue replacement would be determined. Gunn replied that it would be based on the PPT revenues currently received, but noted that the issue “probably isn’t going to go anywhere.” The resolution is simply saying to state legislators “Don’t mess with us,” she said.

Outcome: The resolution was approved as amended, with Dan Smith abstaining from the vote. Rob Turner was absent.

14A District Court Magistrate

A resolution to appoint Elisha V. Fink as magistrate of the 14A District Court was on the April 4 county board agenda. Fink is filling a vacant part-time position previously held by Camille Horne, who left the job at the end of 2011.

14A-2 District Court judge Kirk Tabbey and Elisha Fink, who was appointed magistrate for the 14A District Court by the county board.

The 14A District Court serves all of Washtenaw County, with the exception of Ann Arbor and Ypsilanti Township. (Ann Arbor is served by the 15th District Court. Ypsilanti Township cases are heard in the 14B District Court.)

Fink has served as managing attorney with Fink Law in Dexter. Her practice has focused on family law, but she also has experience in the areas of business law, criminal law, real estate law, and civil litigation in the local courts. She is a graduate of the Thomas M. Cooley Law School. [.pdf of Fink's resumé]

Both Fink and Kirk Tabbey, the judge who presides over the 14A-2 District Court in Ypsilanti, attended the April 4 meeting and were invited to the podium to address the board. Tabbey noted that Fink has been involved with the court for some time, and Fink said she was looking forward to the opportunity of working as magistrate.

Commissioner Rolland Sizemore Jr. asked whether Fink could keep the judges in line – he seemed to be joking. Conan Smith ventured that now Fink could fix his tickets, a comment which drew laughs from others in the room. Fink revealed that her son had come home the previous night with a ticket that will be dealt with in the 14A District Court, and she’d told him she wouldn’t even go with him to the courtroom – it was his responsibility.

Outcome: Elisha Fink was appointed as 14A District Court magistrate in a unanimous vote. Rob Turner was absent.

Washtenaw Health Initiative

A resolution giving final approval for the county to become a charter member of the Washtenaw Health Initiative (WHI) was on the April 4 agenda. The effort aims to expand health care coverage for the county’s low-income residents. The membership includes a $10,000 annual fee in both 2012 and 2013, which would be funded through the county’s office of community and economic development.

The board has been briefed on the initiative, most recently at a Feb. 16, 2012 working session. The plan is intended to help local health care providers handle an influx of an estimated 50,000 newly insured patients when federal health care reforms take effect in 2014. The goal is to develop a plan to provide better health care for the county’s low-income residents, the uninsured and people on Medicaid – prior to changes that will be mandated by the federal Patient Protection and Affordable Care Act.

The WHI is a collaboration co-chaired by former county administrator Bob Guenzel and retired University of Michigan treasurer Norman Herbert. The effort is jointly sponsored by the UM Health System and Saint Joseph Mercy Health System, and facilitated by Marianne Udow-Phillips, director of the Center for Healthcare Research & Transformation – a joint venture of UM and Blue Cross Blue Shield of Michigan.

Other partners involved in the project include the Washtenaw Health Plan, the Ann Arbor/Ypsilanti Regional Chamber of Commerce, Arbor Hospice, Catholic Social Services, Dawn Farm, Hope Clinic, Huron Valley Ambulance, Integrated Health Associates, Packard Health, Planned Parenthood of Mid and South Michigan, United Way of Washtenaw County, and the Women’s Center of Southeastern Michigan. A full list of partners is on the WHI’s website.

Organizers say they hope this initiative will become a model for other communities nationwide that are facing similar issues.

Washtenaw Health Initiative: Board Discussion

Alicia Ping had dissented on an initial vote taken at the board’s March 21 meeting, saying she preferred funds to go directly to services, not for administrative purposes. She again raised concerns before the final vote.

County commissioners Alicia Ping and Wes Prater.

Ping asked if other members would also be paying $10,000. County administrator Verna McDaniel replied that some of the other members are paying, and that she’d get that information for commissioners. Yousef Rabhi reported that the two hospitals – UM and St. Joe’s – are each putting in $30,000 annually.

Barbara Bergman said the WHI is working hard to prepare for the impact of the Affordable Care Act, assuming its provisions are upheld by the U.S. Supreme Court. There will be a major influx of new patients who are eligible for Medicaid, she noted.

Wes Prater asked what the funding will be used for. There seemed some uncertainty at this point. Representatives from WHI – including former county administrator Bob Guenzel and Ellen Rabinowitz, director of the Washtenaw Health Plan – had attended the March 21 meeting, as most board discussion on agenda items occurs at that time. But no one was on hand to field questions on April 4. Conan Smith ventured that the WHI is conducting research, and that’s likely where the money will be initially spent.

Prater then asked if the WHI had already been formed as a nonprofit. Bergman said it’s not set up as a charitable organization – it’s a collaborative. Leah Gunn then called the question, a procedural move to end discussion.

Peter Simms, deputy county clerk, began the roll call vote on the resolution by asking: “Commissioner Bergman, how do you feel about that?” The unusually informal query drew laughs from commissioners, with Bergman indicating that she felt supportive.

Outcome: On a 9-1 vote, the board gave final approval to become a charter WHI member, with dissent from Alicia Ping. Rob Turner was absent.

Workforce Development Funding

A resolution giving final approval to three items related to Washtenaw County’s administration of the Michigan Works workforce development program was on the April 4 agenda. The items received initial approval at the board’s March 21 meeting.

The board was asked to authorize acceptance of a $92,309 federal grant to operate a local Michigan Works service center. The primary location in Washtenaw County is the Career Transition Center at 301 W. Michigan Ave. (the KeyBank building) in Ypsilanti. Additional services are offered at the Harriet Street Service Center at 304 Harriet St. in Ypsilanti.

Another $16,000 federal grant would fund ongoing professional and partnership development of the local Michigan Works operation.

The third item asked commissioners to ratify a mandatory 2012 “system plan” for the local Michigan Works office. The plan provides annual documentation of local administrative policies and procedures for the employment and training programs, as well as for other documentation required in order to receive funding as a workforce development agency. [Link to .pdf of the complete system plan for 2012][Link to .pdf of required grievance procedure documentation]

There was no board discussion on these items.

Outcome: The board voted unanimously to give final approval to the workforce development items. Rob Turner was absent.

Assistant Prosecutor Hiring & Salary

Commissioners were asked to give initial approval to hiring an assistant prosecuting attorney at a salary of $81,690. The vacancy opened in December, following an employee retirement. The hire requires board approval because the salary is above the $69,038 midpoint of an authorized range ($68,074 to $96,565). Because of furlough days negotiated as part of the recent collective bargaining agreements, his salary will be adjusted down by 3.846% to $78,548.

Nimish Ganatra, standing, talks with Marc Breckenridge, the county's director of emergency management and homeland security. An agenda item related to Ganatra's hiring as assistant county prosecutor was on the April 4 agenda.

The candidate for the position is Nimish Ganatra, who currently serves as assistant prosecutor for Jackson County, and previously was an assistant prosecutor with the Washtenaw County prosecutor’s office from 2001-2009. He is a graduate of Ann Arbor Pioneer High School, the University of Michigan, and Wayne State University Law School. [.pdf of Ganatra's resumé]

Brian Mackie, the county’s prosecuting attorney, praised Ganatra, highlighting an award he’d won for prosecuting domestic violence cases as an assistant district attorney in Worchester County, Mass. Mackie also noted that his office had recently lost two long-time employees: Don Ray, who retired last year after more than 30 years with the county; and Joe Burke, who was appointed earlier this year by the governor to serve a judicial vacancy in the 15th District Court.

Mackie said it was fortunate that Ganatra was willing to return to Washtenaw County.

Ganatra spoke briefly, saying it had been a pleasure to work for the county for nine years and that he looked forward to coming back.

Assistant Prosecutor Hiring & Salary: Board Discussion

Wes Prater said he couldn’t support the hire because the salary was well above midpoint. The county’s budgets won’t get any easier, he said, and there’s still the need to tighten spending.

Prater also said he was disappointed that Mackie didn’t replace Burke with an internal promotion. But Mackie pointed out that Burke’s position was filled with the internal promotion of Steven Hiller. Mackie also told commissioners that because the office is currently under-filling a senior assistant prosecutor post, there is an overall savings of $12,983. Another hire is being made at a base salary rate.

Several commissioners expressed strong support for the hiring of Ganatra. Dan Smith said he was very supportive of this hire and of the work done by the county prosecutor’s office. It’s sobering to hear about the cases that the office handles, Smith said, and he thanked Mackie for that work to keep the people of Washtenaw County safe.

Yousef Rabhi called Ganatra’s resumé impressive, and said that since Ganatra had previously worked for the county for nine years, in some ways it did feel like an internal promotion. Rolland Sizemore Jr. said he shared some of Prater’s concerns, but appreciated that Ganatra would be living in Washtenaw County. [Sizemore frequently stresses his view that it's important for county employees to be residents here as well.]

Outcome: The initial approval passed on a 9-1, with dissent from Wes Prater. Rob Turner was absent. A final vote is expected at the board’s April 18 meeting.

Weatherization Grants

Two items related to federal funding for Washtenaw County’s weatherization program for low-income residents were on the April 4 agenda for initial approval.

Commissioners were asked to authorize acceptance of $185,326 in federal funds for the weatherization program. The federal program was cut by 65% compared to 2011, but the state of Michigan is reallocating the previous year’s unspent funds as “carry-forwards” for 2012. In 2011, the county received $241,863 for this program.

According to a staff memo, the funding is expected to provide air leakage testing, health and safety evaluations, furnace assessments, refrigerator efficiency testing, post-inspection of the completed work, and consumer education services to 25 units. To qualify for the program, residents must have an income at or below 200% of federal poverty, which is about $44,700 for a family of four.

In a separate item, commissioners were asked to authorize acceptance of an additional $103,600 in funds redistributed to the county through the American Recovery & Reinvestment Act (ARRA). According to a staff memo, this grant brings the total of ARRA weatherization funds received by the county to $4,867,138.

Weatherization Grants: Board Discussion

Wes Prater asked about the process for selecting recipients of the weatherization work. He said he hoped that priority was given to people who lived in the homes.

Aaron Kraft, who manages the program, said the applications are handled on a first come, first served basis. There’s a waiting list, and the grants being approved that night are already spoken for, he said. In response to another query, Kraft said that less than half of all contractors being used for the weatherization work of based in Washtenaw County.

In response to a follow-up question from a Chronicle reader (based on the Civic News Ticker report on this item), Kraft gave a more detailed breakdown of how the $185,326 will be allocated: Support and administrative costs covering client intake/assessment of need, project management ($63,136); energy audit inspections and quality assurance inspections ($8,820); labor and material costs to complete the recommended weatherization improvements ($106,196); and weatherization specific training funding ($7,174).

He said it’s likely that more than 25 homes will be weatherized using this funding.

Outcome: The two weatherization items received initial approval from commissioners. Rob Turner was absent. A final vote is expected on April 18.

Public Commentary

In addition to the anti-fracking public commentary reported above, two other people addressed the board.

Douglas Smith told commissioners that he had been forced to file a lawsuit against the county over a denial of his Freedom of Information Act request. The FOIA related to a surveillance video of an incident that he says involves Dieter Heren, police services commander with the sheriff’s office. Smith has spoken about this at three previous board meetings in 2011 – on Nov. 16, Nov. 2 and Oct. 19 – asking for the board to intervene.

By way of background, Smith had filed a FOIA request with the county in October of 2011 regarding a March 2011 incident at Ypsilanti Township hall, where a court employee had reported that $20 was stolen out of her car in the parking lot. She had requested video surveillance footage, but instead of providing it to her, the building’s security officer had emailed the sheriff’s office, according to Smith. Smith contends that the incident prompted an internal investigation. His FOIA request for the video footage was denied on appeal to the county administrator. Smith’s lawsuit alleges violation of the state’s FOIA and seeks to compel the county to release the complete video.

Smith told commissioners that in February, he was finally shown a version of the video, but it had been altered. It showed Heren driving into the parking lot, Smith said, then getting out of his car and walking around the court employee’s vehicle. While part of the video was a continuous recording, he was told the section showing Heren at the car was taken by motion capture – that was given as an explanation for why there are frames missing from the video. However, Smith contends that the surveillance camera isn’t a motion capture camera.

Smith urged commissioners to not waste taxpayer money in defending this lawsuit, and to urge the county’s administration to settle it.

Thomas Partridge spoke twice. He called on the board to adopt a progressive democratic agenda, fitting of all religious-minded residents during this Easter season. He said he’d spoken at the Ann Arbor city council meeting earlier in the week, and had asked them “What would Jesus advocate?” Jesus would advocate for access to affordable housing, health care, and transportation for the neediest among us, Partridge said, including many in the middle class who are now struggling.

Later in the meeting, Partridge questioned why there’s been no investigation into deaths of people living in homes under the care of county health providers. He said commissioners should find out why no law enforcement agency has investigated these deaths.

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

Absent: Rob Turner

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

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The 9-1 vote included dissent by Alicia Ping, who said she preferred funds to go directly to services, not for administrative purposes. Rob Turner was absent. Initial approval was given by the board at their March 21 meeting on an 8-1 vote, also with dissent from Ping. Barbara Bergman had been absent and Ronnie Peterson was out of the room when the vote was taken at that meeting.

The board has been briefed on the initiative, most recently at a Feb. 16, 2012 working session. The plan is intended to help local health care providers handle an influx of an estimated 50,000 newly insured patients when federal health care reforms take effect in 2014. The goal is to develop a plan to provide better health care for the county’s low-income residents, the uninsured and people on Medicaid – prior to changes that will be mandated by the federal Patient Protection and Affordable Care Act.

The WHI is a collaboration co-chaired by former county administrator Bob Guenzel and retired University of Michigan treasurer Norman Herbert. The effort is jointly sponsored by the UM Health System and Saint Joseph Mercy Health System, and faciliated by Marianne Udow-Phillips, director of the Center for Healthcare Research & Transformation – a joint venture of UM and Blue Cross Blue Shield of Michigan.

Other partners involved in the project include the Ann Arbor/Ypsilanti Regional Chamber of Commerce, Arbor Hospice, Catholic Social Services, Dawn Farm, Hope Clinic, Huron Valley Ambulance, Integrated Health Associates, Packard Health, Planned Parenthood of Mid and South Michigan, United Way of Washtenaw County, and the Women’s Center of Southeastern Michigan.

Organizers say they hope this initiative will become a model for other communities nationwide that are facing similar issues.

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

The 8-1 vote at the board of commissioners’ March 21, 2012 meeting included dissent from Alicia Ping, who said she preferred funds to go directly to services, not for administrative purposes. Barbara Bergman was absent and Ronnie Peterson was out of the room when the vote was taken. Final approval is expected at the board’s April 4 meeting.

The board has been briefed on the initiative, most recently at a Feb. 16, 2012 working session. The plan is intended to help local health care providers handle an influx of an estimated 50,000 newly insured patients when federal health care reforms take effect in 2014. The goal is to develop a plan to provide better health care for the county’s low-income residents, the uninsured and people on Medicaid – prior to changes that will be mandated by the federal Patient Protection and Affordable Care Act.

The WHI is a collaboration co-chaired by former county administrator Bob Guenzel and retired University of Michigan treasurer Norman Herbert, who both attended the March 21 meeting, along with Ellen Rabinowitz, executive director of the Washtenaw Health Plan. The effort is jointly sponsored by the UM Health System and Saint Joseph Mercy Health System, and faciliated by Marianne Udow-Phillips, director of the Center for Healthcare Research & Transformation – a joint venture of UM and Blue Cross Blue Shield of Michigan.

Other partners involved in the project include the Ann Arbor/Ypsilanti Regional Chamber of Commerce, Arbor Hospice, Catholic Social Services, Dawn Farm, Hope Clinic, Huron Valley Ambulance, Integrated Health Associates, Packard Health, Planned Parenthood of Mid and South Michigan, United Way of Washtenaw County, and the Women’s Center of Southeastern Michigan.

Organizers say they hope this initiative will become a model for other communities nationwide that are facing similar issues.

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]