The Transfiguration of Ann Arbor (IV) Wizardry and Illusion

Posted June 25, 2024 by Vivienne Armentrout
Categories: Business, civic finance, politics, Sustainability

Missy Stults, the Director of the Office of Sustainability and Innovation (OSI)

Ann Arbor certainly does have a deserved reputation as an environmentally conscious community where the “greens” are  highly visible and have some successes to claim (The Emerald City). A major cheerleader for “sustainability” was Matt Naud, who was brought on early in the 2000s to staff the newly instituted Environmental Commission. He was the face of Ann Arbor in many environmentally-oriented efforts and issues, and presented yearly sessions at the Ann Arbor District Library on these subjects. But with the creation of a new Sustainability and Innovation department, Naud was replaced by a new star.

If Ann Arbor is Emerald City, Missy (Melissa) Stults is the Wizard. As described in this Ann Arbor Observer story,

The person leading Ann Arbor’s ambitious drive to attack the climate emergency head-on drops in on meetings of climate activist groups, often with her preschool daughter in tow; makes deeply researched proposals to city council and various commissions; hosts public forums; and even helped install solar panels on a city fire station–all while managing a growing staff tasked with figuring out how Ann Arbor can become carbon-neutral by 2030.

That’s a daunting mission no other city in the world has yet set out to undertake. But no other city has Stults.

“She’s a force of nature,” says her boss, city administrator Howard Lazarus. If so, that’s fortunate–since nudging nature back from the climate precipice is now her job description.

The Onset of A2Zero

Although the newly elected Council of late 2018 rejected the budget amendments for the newly created OSI (Office of Sustainability and Innovation) and its newly appointed Director (The Emerald City), they were presented in November, 2019 with a demand that was harder to refuse. It was a 54-page petition circulated by a group calling themselves The Climate Mobilization–Ann Arbor. The petition called for Council to pass a resolution declaring a climate emergency.

Recall that the IPCC (Intergovernmental Panel on Climate Change) had just issued an alarming report about the pressing need to reduce global warming. We reviewed it here: Climate Change and Ann Arbor: Investing in the Future. There were community groups all over the Ann Arbor area expressing concern.

Thus prompted by the public demand, Council issued this proclamation in the form of a resolution, (November 4, 2019) requesting the preparation of a plan to address climate change by Earth Day, 2020. The resolution specified “ a plan for how the entire Ann Arbor community can achieve carbon neutrality as soon as possible“. It also qualified that “To be the most valuable, a carbon neutrality plan needs to have actions that can be operationalized, with clear metrics to track success and financial resources identified that can support implementation.

The Council resolution requested that the staff prepare a plan by Earth Day (April 22) of 2020. Anyone familiar with the construction of complex plans for implementation would expect this to be a very accelerated schedule. Nevertheless, OSI staff presented them with the draft A2Zero plan at the Council meeting of May 20, 2020.

It proposed to reach carbon neutrality (i.e., “net zero”) by 2030. Here were the proposed strategies:

1. Power our electrical grid with 100% renewable energy
2. Switch our appliances and vehicles from gasoline, diesel, propane, coal, and natural gas to electric
3. Significantly improve the energy efficiency in our homes, businesses, schools, places of worship,
recreational sites, and government facilities
4. Reduce the miles we travel in our vehicles by at least 50%
5. Change the way we use, reuse, and dispose of materials
6. Enhance the resilience of our people and our place
7. Other

The skillfully executed logo is both evocative and informative. Note the “Ann Arbor oak” next to a cityscape. The cyclist and her dog appear to represent the beneficiaries of a clean low-energy environment. But what do these three words indicate? “Sustainable” could be presumed to represent all types of environmental benefits, not just reduction of carbon emissions. “Equitable” must indicate that persons of all types of status will be treated equally, but in what sense? And then there is that “transformative”, a vaguely ominous term depending on how it is taken.

The plan caused a certain amount of consternation because Strategy 4 called for rezoning the City in order to create a much denser city, including major changes in regulation of housing. As described in MLive, Council postponed approving the plan twice, citing the concern over the land use changes. Here is the original Strategy 4. It calls for upzoning (for more density) all residential areas in Ann Arbor, up to quadraplexes. The “by right” designation means that the zoning is altered so that permission for this density is aut0matically granted.

Mayor Christopher Taylor was defiant, as voiced in this interview with the Michigan Daily:

Ann Arbor 2030 will be materially different than Ann Arbor 2020,… It’ll be a denser community, a more electrified community, a community that emphasizes renewable energy.

All lines of work, all manners of doing things, are open to interrogation,” Taylor said. “The old way of running an economy, the old way of doing business, the old way of operating civil society is subject to change, subject to reexamination, subject to improvement. As we figure out where we go next, reconstituting as a functioning society with the goal of carbon neutrality will be a part of our recovery.

After some hasty negotiation between some Council members and Ms. Stults, the Council passed a slightly revised plan on June 1, 2020. The amendment consisted of removing a couple of the key sentences calling for rezoning. Thus, the A2Zero Plan was instituted and began to win its budget battles.

The Growth Agenda and Merchandising Ann Arbor

We will be discussing the success of the carbon neutrality program in a future post. But it is clear that the objectives that justified the high cost in effort and monetary investment are the familiar growth and economic development motivations described in our post on Placemaking. In other words, it is the development and density agenda. We have commented on that several times (Density and Sustainability in Ann Arbor), but it is still a current story. The Comprehensive Plan revision is underway and the new (as of 2022) Council has been very busily upzoning many areas of the City. Ann Arbor has been on a vigorous development surge.

Our Wizard has certainly received accolades for her support in this objective. A major thrust of the current program is the electrification of new developments, housing, even automobiles. There is direct subsidy of solar projects and an ongoing discussion of how to revise the local electrical supply system.

All of this translates to the business-friendly concept of Build Back Better. As she states in this discussion for the Michigan League of Conservation Voters,

“The Build Back Better Agenda will provide new jobs in sustainable industries that can meet the demand that is necessary to prevent this climate crisis and we need that. We need more people doing this work. We need all hands on deck,” says Missy.

“This is a once in a lifetime opportunity for us to make the investments that put American employees to work in good paying jobs that protect our health, safety and welfare and ensure that we have a livable planet for today and for future generations. The Build Back Better Agenda will put us as the vanguard on the bleeding front of solving the climate crisis and will lead to all kinds of economic opportunities that we can’t even imagine. Why in the world would we not make an investment in the American people?”

But perhaps more directly related to Placemaking is the broader objective of Brand Ann Arbor, which is, of course, Green. The City (Office of Sustainability and Innovation) has launched the “A2 Green Business Challenge” in coordination with Ann Arbor SPARK , which is the economic development agency supported in part by Ann Arbor general fund dollars. SPARK’s mission is to attract new businesses to the Ann Arbor area.

Here is how the Green Business Challenge works, according to an enthusiastic participant (OrbAid):  “As a recognition program, the A2 GBC invites all businesses throughout the city to apply and participate. Businesses receive certification levels (bronze, silver, gold and platinum) based on the number of points they accumulate across seven areas of sustainability: energy, water, circular economy, mobility, resilience, education, and supply chain. For businesses that haven’t started yet but want to get going, there are also recognition opportunities down the pike for improvement.”

Missy shares an example of an ice cream shop. If you’re sitting at your favorite ice cream shop and see a sign in the window about the A2ZERO commitment, you can learn more about the program and what specific initiatives the business is taking. Maybe you didn’t know they had solar panels on the roof, or that they source their dairy from local farmers.

Missy says the program helps position Ann Arbor as a desirable place to live, especially for young people who are focused on climate action.

“It is a reminder that this is what we do here in Ann Arbor,” says Missy. “More and more people want to be a part of something bigger and leave a bigger legacy.”

“When we continue to do these things, it’s not just a buzzword,” Missy says. “It’s a way of life. And it ensures we have a high quality of life here in Ann Arbor. That means we will recruit new sustainably-minded businesses and recruit people from around the world who want to live in a community that’s taking sustainability seriously.”

OrbAid produces sustainability project management software. “Because of our mission at OrbAid, our team feels a deep sense of responsibility and pride in supporting our neighbors in helping them make more green being green.”

Green, indeed. Just be sure to wear your green spectacles.

 

 

The Transfiguration of Ann Arbor (III): The Emerald City

Posted June 15, 2024 by Vivienne Armentrout
Categories: Business, civic finance, politics, Sustainability

Ann Arbor always has and always will change. That is the basis of our theme, “Ann Arbor emergent”. But the direction of those changes, to the extent that the community has any agency, relies on a basic question:  “What is a city for, anyway? Why do people choose to live in a city and what should it do for us?”  Urban Science, a field that uses both empirical data and complex mathematical relationships to explore how cities function and grow, has many answers. The textbook by Luis Bettencourt (Introduction to Urban Science, MIT Press, 2021) devotes an entire chapter to the history of cities and discussion of how they come into existence. The conclusion seems to be that formation of cities is an innate expression of how humanity functions. Once the population is large enough, cities appear independently, even on different continents, and then grow organically (like a living organism), according to mathematically predictable rules, especially scaling (a property of population and area). As they grow, they become more complex. Just as with an organism, they demonstrate material flow, have energy requirements, develop communication systems. They can even be said to have metabolism, with interaction and dependencies among parts. All of these features have been studied and demonstrate similarity among cities.

The Emerald City and Yellow Brick Road from the Wizard of Oz movie (1939)

But what these scholarly investigators do not explore is the role of cities in the imagination. Certainly since Rome, eyes have turned toward the City as the place that desires and hopes can be achieved. This has been a subject of fiction and fantasy. One of the best modern evocations of the magic of the City is Frank Baum’s Wizard of Oz. The Emerald City is the place where dreams come true. When Dorothy and her companions speak with the different inhabitants of Oz, they are always directed to “follow the Yellow Brick Road” to the place where all their problems will be solved. They must, of course, go through many trials before they get there, such as stealing the broom from the Wicked Witch of the West. But they persevere, heeding the words of the song,

Keep straight ahead for the most glorious place on the face of the earth or sky!

Greetings to the Emerald City (Wizard of Oz movie, 1939)

Everything in the City is, of course, green. In the original book, visitors are required to wear green spectacles. In the movie, the travelers are met with jollity and happiness and what appears to be unending wealth. All this has been provided by the Wizard so that this is the best of all possible places.

Ultimately, all this happy illusion turns out to be a fraud. (“Pay no attention to that man behind the curtain.”)

Aspirational Ann Arbor

Certainly people living in Ann Arbor have always regarded the city as an exceptional place. The long-quoted but apocryphal description is “24.6 square miles surrounded by reality”. There have been many instances of cultural innovations and lots of ferment. Remember that Ann Arbor’ City Council established a $5 fine for possession of marijuana, followed by a popular vote for an amendment to the City Charter, all at a time where possession of marijuana could get you jail time in most places.

“Part of the origin of the Hash Bash was the efforts of activists to free John Sinclair from prison. Sinclair, chairman of the Rainbow People’s Party, had been sentenced to nine years in prison for possession of marijuana in 1969. This enraged the local marijuana smoking community and they lobbied for his release.

In 1971 they sponsored a “Free John Now” concert at Crisler Arena. Some of the performers at this concert were Bob Seger, John Lennon and Yoko Ono. The Michigan Legislature did reduce the penalties for marijuana possession effective April 1, 1971, thus the date of the Hash Bash. The first Hash Bash was held on April 1, 1972 on the Diag. Sinclair was released from prison on appeal in 1971 and stated, “I’m going to go home and smoke some joints man!” (Ann Arbor District Library summary)

And the “Zone of Reproductive Freedom” still lives on in the City Charter as well. It was passed in 1990 in anticipation of any time in which abortion might become illegal. The account in MLive celebrates the day in 2022 when the State of Michigan finally caught up with Ann Arbor.

But aside from all that fun, Ann Arbor has often led the way in environmental consciousness. This 2018 summary of “sustainability” achievements, beginning with designation as the “Tree City” lists quite a few milestones. It leaves out some. The millage that has paid for the acquisition of many acres of parkland was initiated by citizen petition in the late 1980s. (It was subsumed in the Greenbelt ordinance and part of the resulting millage is now invested in preservation of farmland and natural areas outside the City boundaries.)

The summary also omits major movement and achievements in the management of solid waste (a.k.a. garbage). The environmental crisis of the 1980s was the landfill crisis. As this account of the history explains, the landfill was overflowing, causing contamination of the aquifer through poor early design and construction. Recycle Ann Arbor was originally a citizen-initiated effort that used volunteers to pick up recyclables from homes. But this was not adequate to address the needs of a growing population. There was a proposal to build yet another landfill nearby, but a vigorous citizen-led campaign led to the passage of an environmental bond paid for by a new millage tax. Recycling became mandatory in Ann Arbor, and a composting revolution followed. Today’s solid waste mechanisms are a real accomplishment for both the City government and an engaged citizenry.

And Ann Arbor citizens and elected officials were also paying attention to the increased concern about energy usage and its effects on both climate. Here are some of the accomplishments (from the 2018 summary already cited; click on image for easier reading).

 

 

 

Clearly, the Ann Arbor community has a good reason to feel “green”, with many environmental efforts still ongoing.

 

Wealth Through Placemaking

But there were conflicts in the aspirations and visions for the City. In this article from the Ann Arbor Observer, I describe the conflicts between the citizens who preferred their open space and other who supported increased density, especially in the downtown area. The result was a new Downtown Plan, A2D2, adopted in 2009. The push for density was on, but also a strong voice emerged for those who wished to establish Ann Arbor, with its green and appealing image, as a location for growth and opportunity.

This post from 2014, The Placemaking Agenda and Ann Arbor Politics, is still accurate today. In the recent concern about Michigan’s loss of population, we are hearing the same agenda and solutions being voiced. The objective is to attract the top-flight “talent” to Ann Arbor. And our history is a major selling point.

Here is the headline from the presentation of the newly hired director of the Sustainability and Innovation department. (Please do notice the mixed message in this title.) Melissa (Missy) Stults presented her workplan to the newly elected City Council on November 19, 2018. She requested an increase in her budget. It was refused.

 

The Transfiguration of Ann Arbor (II.)

Posted May 7, 2024 by Vivienne Armentrout
Categories: Basis, civic finance, Sustainability

Twin Challenges

As it has arrived in the 21st Century, the City of Ann Arbor has experienced two challenges that combine to constrict its choices. They are the growth of the University of Michigan and the restriction of annexation for City expansion.

The University of Michigan

The University of Michigan (Ann Arbor campus) is both the City’s treasure and its biggest problem.

Employee zip codes for UM (click to view)

It provides employment to the area (though according to MLive, “Of UM’s 51,000-plus total Ann Arbor employees, fewer than 19,000, or 36%, live in ZIP codes that touch the city”. Presumably that is 48103, 48104, 48105, and 48108. It must surely bring business to a whole variety of vendors. And of course there is UM football, which provides a bonanza to the hospitality industry every fall.

Certainly UM brings status to Ann Arbor. It is a globally recognized university. And UM research has supported numerous business startups. This is well supported on campus.

Some of us might see the contribution to Ann Arbor culture as its greatest boon. It houses and produces a great many theater and musical events, a real embellishment to living in this City.

But these benefits do not directly contribute to City government. While UM pays utility fees and cooperates with transit and fire protection, it pays no property taxes, not even the PILOT (payment in lieu of taxes) that some large universities give to their host cities.

Land, the Limited Resource

Because UM continues to grow, and because so many of its activities are within the City boundaries, it is an active competitor for scarce land parcels, often outbidding for-profit (and taxable) entities. Ann Arbor City Administration (as reported by MLive) has begun to speak about this openly.

By the city’s count, the city is now losing $2.4 million annually in tax revenue due to university land acquisitions since 2000 and cumulatively UM’s growing footprint has cost the city more than $25 million in that timeframe.

Meanwhile, UM continues to plan for expansion and growth. There is now the beginning of a Campus Plan 2050. At present, the landscapes are tentative and several versions are being considered.

This is especially a problem for the City of Ann Arbor because its boundaries are more or less fixed. Note that the boundary almost exactly matches the freeway ring. (Click on figure for better magnification.) The few white spaces are township islands. None of the rest of this area is available for annexation.

If this were a city in a different state, the population pressures and demand for land area would result in annexation of the more rural edges of the city. In fact, this is how Ann Arbor City became as large as it is, incorporating portions of Ann Arbor Township, Pittsfield Township, and Scio Township. But in 1968 there was a revolt of township governments, who were seeing their tax base disappear. A law was passed that requires all annexations to go before the Boundary Commission. If a township objects to an annexation, it usually does not succeed.

The Student Housing Problem

So here is the problem. Just as UM has occupied more and more of the land area of the City of Ann Arbor, so also it has increased enrollment steadily. Since the land supply within the City is inelastic because of the limits on annexation, this has created a very hot market both for buildable land and for student housing. So as Ann Arbor neighborhoods became more and more alarmed at the construction of dedicated (proprietary) student housing, the demand became greater. But the UM has not increased their on-campus supply of housing for many years, until just recently they began to take notice of this need. (The 2050 campus plan makes this an explicit goal.)

As this article in MLive makes clear, the weight of this student enrollment pressure is threatening the very culture of Ann Arbor, as neighborhoods are encroached upon and families are priced out because of the cost of land.

Proposed 17-story development on 711 Church Street

The consequence has been a discouragingly common approval of over-sized developments in spite of vehement objections by nearby residents. The approval (May 6, 2024) of a new tower on 711 Church Street is not really a surprise. Is this inevitable? Does this represent good practice from a city planning viewpoint? That is one question before all parties interested in the future of the City.

The Transfiguration of Ann Arbor (I.)

Posted May 6, 2024 by Vivienne Armentrout
Categories: Basis, Neighborhoods, politics, Sustainability

Cities can be described as living organisms. There is growth. There is metabolism. There are many moving parts with different roles and functions. They exist in space and time. Recognition of this living, dynamic nature of cities has given rise to a branch of study called urban science, which is grounded in the concepts of complexity science. In a recent book, The New Science of Cities, Michael Batty lays a clear, although very math-based, picture of the processes involved in the growth of cities that have many implications for urban planning.

While a city will never be static, it can usually be expected to have a certain stability as it develops and changes over time. But in the case of Ann Arbor, mechanisms and events are now in place to change the very nature of the city, to an extent that they may be termed its transfiguration.

The meaning of transfiguration is that the entity becomes something so different in form, substance, and appearance that it is something altogether different. The most common usage is in the Eucharist, where wine and bread are said to become Christ’s blood and body. (The term is also encountered in the Harry Potter books, as a spell.)  We more commonly see the term “metamorphosis”, as in the conversion of a caterpillar to a butterfly. From Scientific American, “First, the caterpillar digests itself, releasing enzymes to dissolve all of its tissues…those (imaginal) discs use the protein-rich soup all around them to fuel the rapid cell division required to form the wings, antennae, legs, eyes, genitals and all the other features of an adult butterfly or moth.” In other words, this organism literally melts away, to be reconstituted into something completely different.

These changes in Ann Arbor have been clearly signaled. As we have noted earlier, Mayor Taylor has been promising “disruption” for several years now. And in April 2020, he was quoted in the Michigan Daily as saying:

“All lines of work, all manners of doing things, are open to interrogation. The old way of running an economy, the old way of doing business, the old way of operating civil society is subject to change, subject to reexamination, subject to improvement.

And now we are on our way. This series will examine a long list of the events and changes leading to this radical transformation in the City of Ann Arbor. And then, we’ll discuss the implications to the Comprehensive Plan.

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Density and Sustainability in Ann Arbor

Posted October 18, 2022 by Vivienne Armentrout
Categories: politics, Sustainability

Our failures with city neighborhoods, are, ultimately, failures in localized self-government. And our successes are successes with localized self-government. – Jane Jacobs, The Death and Life of Great American Cities

Density for Density’s Sake

As we have noted perhaps too many times (see Disruption in Ann Arbor: It’s a Promise), the heavy emphasis on dense development (“densification”) has been a consistent feature of Christopher Taylor’s tenure, both as a Council Member and as Mayor. This has accelerated in recent years, as summarized in this overview from MLive. While some developments follow the guidelines in the Comprehensive Plan, others have required special allowances and modified site plans.

Rendering of the 19-story building to be built behind the Michigan Theater, next to the old Liberty Square parking structure on the right

The culture of Ann Arbor has not always been so accepting of dense, tall development. As I described in an early article (2005) published in the Ann Arbor Observer, the fate of development downtown was intensely debated. But by 2010, the rezoning of downtown Ann Arbor was completely accomplished, via a process called Ann Arbor Discovering Downtown (A2D2). Since then, and especially when Christopher Taylor had a majority of his supporters on Council, downtown has been growing taller and taller. This was facilitated by generous height premiums for residential buildings. Perhaps the ultimate example is the building now underway behind the Michigan Theater. It will be 19 stories, according to the Ann Arbor News the tallest building in 50 years But as pointed out in the Ann Arbor Observer, with changes in the height premiums offered to require more affordable units, this era may be coming to an end. Still, the look and feel of our city has unalterably changed, as was well described in this article: Ann Arbor’s Small-town look fading as Downtown Reaches for the Sky.

Not all of downtown is available for this push to the sky. With Main Street and State Street historic districts, some of the precious land will stay at human scale for the time being. More recently, the effort has been to grow “downtowns” elsewhere by the simple expedient of rezoning parts of the city to accept less onerous height and density restrictions. The development site formerly known as Broadway Village was zoned as a PUD over a decade ago, but rezoned at the request of the current owner to C1(A/R), in a vote much criticized by Lowertown neighbors. As described in this review by the Ann Arbor News, till now this has been the most flexible or generous zoning classification. But the new TC-1 zoning, recently applied to the area around Briarwood, offers “downtown-style development” away from downtown.

This rush to development has been justified by the premise that more residential development (increase in housing units) of any kind will make housing more affordable in Ann Arbor. As Taylor was quoted in the discussion about TC-1 zoning,

“I’m very excited about this step we’re taking today…Supply and demand is not a joke, it’s the law, and what we are doing is we are enabling the market to create substantially more — thousands perhaps more — units of housing in the city of Ann Arbor to house future neighbors.”

While in the past, more permissive zoning like that granted in PUDs or the more recent affordable housing premiums for downtown have been tied to developer concessions and donations of “community benefits” like affordable housing funding and parks support, the tide has turned against any impediment to development. In the TC-1 discussion, some CM lamented the lack of requirements for a move toward carbon neutrality in accordance with the A2Zero plan approved by Council. But the no-benefits coalition won the day.

“Council has heard many people call for making developers propose fully electric buildings or include affordable housing in order to get approval for taller buildings, but requiring that could make projects more difficult and more expensive, (CM Lisa) Disch said, expressing concerns it could disincentive development.”

Growth

Cui bono?

So who benefits from all this development and the resulting growth? Obviously, the developers, who do this work to make a profit. Property owners make a sale, realtors and agents collect fees, many workers in construction trades, suppliers of building materials, construction managers, architects, survey companies find work. Taxing authorities acquire a higher tax base. And yes, politicians who support these policies are in turn supported by campaign donations. (We are not alleging corruption here. Individuals donate to candidates who support their goals, all open and aboveboard.) Growth of the GDP for a locality in general benefits many who do business in it.

But who benefits from the resulting density? That is a different question. There is a new urban science (beyond “emergent” and now well established) that seeks to define cities as entities that operate within the scientific/mathematical concept of complexity. One of the foremost practioners is Luis M.A. Bettencourt, author of the definitive textbook Introduction to Urban Science; Evidence and Theory of Cities as Complex Systems. For years, he and his colleagues have been conducting empirical work, collecting data of many types from cities globally, and constructing models and mathematical representations that reveal the many similarities in how cities are organized and grow. And when we say “grow”, we mean as an organism grows. This is a feature of complex systems. Bettencourt’s introduction says:

This emphasis on the connections between many different aspects of cities —  their built space and land uses, their infrastructure and services, their social life and its outcomes — is the business of complex systems as a relatively new field of scientific inquiry…The integration of ideas and concepts from many disciplines also forces each piece to shift and change as it is constrained and enabled by others into new frameworks.

Some of the key qualities that define cities in this science (and it requires a book to explain them) are property of scaling, presence of networks, energy flows, diversity and neighborhoods. Social aspects are very important in whether a city will be a success (in the sense of serving its populations and attaining longevity).  Michael Batty, whose recent book, Inventing Future Cities, is a philosophical but cogent overview of the science, quotes an earlier author, Lewis Mumford (What is a City).

The city in its complete sense, then, is a geographic plexus, and economic organization, an institutional process, a theater of social action, and an aesthetic symbol of collective unity. The city fosters art and is art; the city creates the theater and is the theater.

So the takeaway is that the city is about its people and their interactions. The more dense the city, the greater frequency of interactions. There are numerous studies showing linear relationships between population and many other outcomes. For some activities, the relation is superlinear (increases more rapidly than merely proportionately). There are hundreds of datasets recorded by numerous authors mapping these relationships. Here is one (Source: Yang et al., Phys. Rev. E 100, 032306). Several relationships are superlinear but one is merely linear.

Because the number of interactions increases with the population, there are numerous outcomes, both positive and negative. We are all familiar with the congestion that comes with increased population density. More people means more cars on the road, more crowds on sidewalks, less room in public facilities. It also means more demands on public resources such as water utilities. But more people also means more business interactions, better availability of some services (transit, for example). Of special interest to the technology culture is the result of intense collaboration (note the increase in patents submitted in the figure).

The question of the impact of density has been studied by many, using historical examples and also collecting contemporary data. Here is a simplified diagram illustrating an overview.

Note that net social benefit increases linearly with density of social interactions until an optimum is reached, then benefit declines until system becomes unstable.

The conclusion from this could be simply stated that growth is beneficial to success of the city, but only to a certain point, and after that is deleterious. How could we predict what this point is for Ann Arbor? There must be metrics that could be considered.

Outcomes

Ann Arbor’s discussion of the current rapid moves in unzoning much of the City has been severely limited, especially as to prediction of likely outcomes. Planning is supposed to indicate the direction that policies we put in place will take us. There is supposed to be some sort of consensus within the community about the outcomes. Typically a comprehensive plan begins with a “vision statement” that serves as a grounding for actions within the plan. Actual implementation is supposed to reflect those outcomes and mechanisms should be in place to achieve them. Here is the vision statement for our last comprehensive plan (n.b., the actual document is called a “Master Plan”, but some members of our community find that to be offensive, so most plans are now referred to as a “Comprehensive Plan” instead. It still means that the Plan is supposed to serve as a template for planning).


“The City of Ann Arbor will be a dynamic community, providing a safe and healthy place to live, work and recreate. It will be a place where planning decisions are based, in part, on the interconnectedness of natural, transportation and land use systems. Natural systems, including air and water, natural features, native flora and wildlife habitats, will be improved and protected. It will be a place where the Huron River is a cherished part of the community and a focal point for recreation. Downtown will continue to be a vibrant part of the community that ties all parts of the city together. Transportation systems will include enhanced opportunities for public transit, extensive opportunities for alternative modes of travel and improved management techniques to reduce the impact of traffic on existing streets and neighborhoods. Land use systems will be compatible and complementary, and will include residential, recreational, commercial, office, educational, institutional and industrial uses, which will provide extensive choices in housing (including low cost housing), shopping, employment and recreational activities. Historically significant buildings and neighborhoods will be preserved. The quality of life in Ann Arbor will be characterized by its diversity, beauty, vibrancy and livability and ultimately will depend upon the positive interaction of these systems.”

It sometimes seems that our only “vision” now is to utilize every square inch possible for residential development, achieving density both by increasing the building envelope footprint (reduction of setbacks) and increased height, and definitely by increasing the number of units per acre. Single-family zoning is under attack, and now (with the TC-1 zoning proposal for W. Stadium) one of our principal commercial service areas is under threat of being directed into a monoculture of tall residential buildings with no real commercial presence. There have been vigorous protests from many sectors of the local neighborhoods but it is uncertain how Taylor’s Planning Commission and his solid Council majority will heed those. What is at risk is a major commercial and service area that serves much of the West Side of Ann Arbor. Are those residents to be ignored?

The premise for the current set of transformative policies has not been explained, except in the most simplistic form. To repeat (again and again) that increase in supply of housing units will eventually, inevitably, result in affordable housing. As Taylor said in the statement already quoted here, “Supply and demand is the law”. (Presumably he means a natural law.) But there is ample reason to contest that conclusion (it will have to be in another post). And the notion has been advanced that anyone who wants to live in Ann Arbor should be able to find housing here. But that suggests that Ann Arbor is infinitely expansible. Is it growth for its own sake? To attain some social goal? (Sometimes the suggestion is made that this will advance racial equity, but the mechanism is unclear.) Does Ann Arbor have limits, other than the obvious one of our fixed border? What are the limits of density before the city becomes unlivable or even dysfunctional?

I wondered whether our Planning Department was working from a model that had not been explained. So I asked our Planning Director, Brett Lenart, if there were such a model (I didn’t want to put him in a compromising position, so I copied the email to the City Administrator). Here was his answer.

As for mathematical models for City development, the Economic Equity and Affordability Analysis performed by the County in 2015 modeled the needs of affordable housing units in the City, and other communities. The City’s current Comprehensive planning documents reference densities in some areas specifically, and in other indirect ways, lead toward density when discussing outcomes such as increased transit mode use, which becomes more possible with increased densities, though not always defined in City planning documents as a specific number.

Another strong policy statement and justification for many changes in configuration of the City, including transportation, is the A2Zero plan. A good deal of the City Budget is aimed at fulfilling this plan. And we have also been informed that there will be a request on the November ballot for a 1.0 mill tax to support these aims. Taylor has been clear that this is a major thrust of his. It is hard to argue with climate change.

Kian Goh, in her book Form and Flow, asks, “In the face of climate change and uneven social and spatial urban development, how are contesting visions of urban futures produced and how do they attain power?” She examines three case studies of urban areas facing issues from climate change. They are New York City, Rotterdam, and Jakarta. In each, “insurgent” community groups rose up to challenge institutional solutions. Her thesis, based in “urban ecology”, is that top-down approaches from “hegemonic” powers are being contested by grassroots community groups, and it is clear where her sympathy lies – and it is not with those engaged in “modernist urban planning”.

“…one aspect remains constant among those in power. There is a strong…belief that there are urban development solutions to climate change problems, if done properly…But how can this be the case when it is those same systems of urban development that created, and continue to perpetuate, those problems?”

Really, in the current efforts by Taylor and his supporters to transform not just the form but the complex and diverse social character of Ann Arbor, one is reminded of the 1950s urban renewal wave that forever displaced and marred neighborhoods in the United States (Ann Arbor, miraculously, escaped). The tools they are using include the threat of climate change, but A2Zero, if examined closely, is simply a framework and defense of growth.

UPDATE: A recent study examined the “supply question” with reference to affordable housing. A common assertion among development advocates has been that increased supply of housing (provided via development) will result in housing being more affordable. This study examined outcomes of upzoning over a broad range of U.S. locations and basically refuted that assumption. This data-dense study is being widely quoted. https://www.urban.org/research/publication/land-use-reforms-and-housing-costs

Ann Arbor Elections – The Season of Poison

Posted July 17, 2022 by Vivienne Armentrout
Categories: politics

Every two years, Ann Arbor has an election of members to its City Council. Councilmembers are now elected to four-year terms, as is the Mayor. Here is the Ann Arbor Observer’s description of the Council races this year.

For the last couple of elections, the results have been momentous. We summarized some of this in the post Disruption, Dysfunction and Dismay (I). Briefly, Mayor Christopher Taylor, who was anticipating great things, had some disastrous losses in 2018. He then won much of it back in 2020, with his handpicked slate of strong candidates (well-supported by donations, including support from the Michigan Talent Agenda/Inspire Michigan PAC), who knocked out incumbents of opposing views (more on that contest in the post Disruption in Ann Arbor: It’s a Promise). The new Council wasted no time in undoing much of what the previous one had done. As we commented recently, our politics has gotten to be very reactive. But it has also gotten seriously nastier and less honest. Much of this can be laid at the feet of the Taylor machine.

Yes – I believe that Taylor has constructed a classic political machine. As Wikipedia says, this is defined as “a party organization, headed by a single boss or small autocratic group, that commands enough votes to maintain political and administrative control of a city, county, or state“. It also notes that the term is often considered pejorative. But I believe that in Taylor’s case, it is simply descriptive.

Christopher Taylor was first elected as Mayor in 2014, strongly supported by the Michigan Talent Agenda/Inspire Michigan). The Michigan Talent Agenda is the educational/marketing entity, supported by a PAC, Inspire Michigan. The overall agenda is described in our post, The Placemaking Agenda and Ann Arbor Politics. Briefly, the concept is to build a vibrant and attractive urban center that will attract “talent”, typically young people skilled in the high-tech industries. Or, as stated in their most recent postcard (July 2022) endorsing three candidates in the upcoming election:

The Michigan Talent Agenda is a statewide platform that seeks to drive public policy outcomes to develop, attract, and retain the highly-talented, highly-educated citizenry that Michigan needs to succeed in today’s knowledge economy. This requires a commitment to building and investing in the sorts of communities that mobile talent values.

Since then, Taylor has been gaining power and influence by accretion. At least two nonprofits that also do some business with the City, the Washtenaw Housing Alliance and the Ecology Center, openly participate in campaign-season activities (remember the Climate Voter signs? And the WHA was similarly involved in the Neighbors for More Neighbors campaign). Taylor has had the power of appointment to boards and commissions for eight years, and that builds up a very strong support base. For several campaign cycles he has received maximum campaign donations from Oxford Properties’ owner and other real estate interests, as well as a University of Michigan regent. Most recently he has begun receiving donations from the Michigan Laborers’ Union (note his endorsement by LiUNA!). And now he is endorsed by multiple officeholders and candidates for state-level offices, including County Commissioners.

All this is giving him real muscle. He has been using it in the last election and this one to recruit and support strong candidates who will be loyal to him. His purpose appears to be that he wishes to preside over a unanimously supportive Council, with no discussion. I believe that if you examine the voting record since the 2020 election, you will find very little dissent from members of his slate. And now it is clear that he is determined to eliminate two of the troublesome incumbents who have been effective in criticizing and questioning his leadership on numerous items. He has put his full support behind Jenn Cornell (running to oppose Ali Ramlawi in the 5th Ward) and Dharma Akmon (running to oppose Elizabeth Nelson, 4th Ward). His treasurer, Joan Lowenstein, is their Treasurer. At one point Taylor called upon his own supporters and volunteers to turn out for a massive field day to support Akmon in the 4th ward. (I have been told that Cornell received the same assistance recently.) And it is evident that the same agency (Blue Path Solutions, according to the Observer) prepared their campaign postcards. That is perhaps unfortunate, because the postcards resemble each other both in their mischaracterizations of certain actions, and also in the graceless effort to smear the characters of both incumbents. (Click on the figure to view larger version.)

Happily, I am not obligated to explain Elizabeth Nelson’s response to these items, because she has done that herself. Read it in her own words. The Difference is Clear 

What jumped out at me was that the very first thing on the list was the silly issue of Jeff Hayner’s clumsiness. As explained in MLive at the time, he fell into a trap of his own making by quoting a paragraph that contained a word that is offensive to LGBTQ people and then defended his right to quote literature while making another quote containing the N-word, to a Black reporter, no less. I have always found Jeff to be troublesome, but I believe along with many others that he was not actually expressing his feelings but simply being stubborn and insisting on his rights. (Nelson is clear in her statement that she rebuked him for this usage.) Regardless, Taylor’s people have found this to be immensely useful, to the point at which acolytes have suggested on social media that a Black candidate (Angeline Smith) was likely a friend of his because they both live in the First Ward and implying that she was racist! Is this really the issue on which the future of the City of Ann Arbor should hang?

And then the second item is Howard Lazarus’ firing. Actually, he resigned after some serious negotiation and I noticed that he has now found a job as County Executive elsewhere. The Taylorites will never stop mourning his passage, but is this a forward-looking issue?

Taylor himself does not engage in the nastiness. He has a flock of acolytes to carry his message of character assassination and mischaracterization of actions throughout social media. (Most of them are the #a2council twitterers I affectionately call the Jackals.)

So why are we constantly being assaulted with nasty implications, insults, and false descriptions of actions by Council? Because they want to change the subject. Taylor has made it clear that he represents a major change of direction and agenda for the City, and many of his agendas are aimed at bringing in a new population and in inciting growth and economic development. Densification, replacement of current homes and businesses, tax increases and other changes of performance by our government do not favor current residents and small businesses. What his slate emphasize in their anodyne statements is “quality service”. Jenn Cornell, for example, extols “clean water, reliable trash and recycling, safe roads and sidewalks, and parks that are maintained and activated”. That is reassuring to hear, but we hope those things were already in place. (Oddly, Taylor’s recent postcard mostly emphasized his gender sensitivity in placing tampons in public restrooms.) We are not discussing the big issues like how to pay for A2Zero, what radical rezoning will likely look like for the future, or how community members can have a full role in determining the City’s future shape.

Endorsements

We are lucky to have brave souls who are still willing to run for office against all this power. Here are my recommendations.

First Ward: Angeline Smith. She is connected with Arrowwood Cooperative, a strong community that preserves affordable housing and democratic ideals. Her sermon at her Zoom meeting on “trickle-down housing” was a treasure. In addition, she has experience with financial matters that will serve us well.  Her opponent Cynthia Harrison seems to be a good person and has a moving life story, but she can be counted on to be one of the Taylor yes votes.

Second Ward: Chris Watson is running unopposed. He will offer a fresh youthful voice.

Third Ward: Ayesha Ghazi Edwin is running unopposed. She has endorsed Taylor and his slate.

Fourth Ward: Elizabeth Nelson. She is an incredibly diligent, intelligent, and thoughtful representative who also has a sense of humor when permitted to exercise it.

Fifth Ward: Ali Ramlawi is thoughtful and brings a valuable perspective as a downtown businessman. He is very fiscally prudent and makes efforts to bring people together, though it has been tough lately.

Mayor: Anne Bannister has taken on a steep hill to climb against an incredibly powerful and well-funded incumbent Mayor, but she is doing a superb job of voicing a vision that is oriented toward the citizens of Ann Arbor rather than toward developing a successful economic engine. She deserves attention and has my thanks and respect.

UPDATE (July 24, 2022): Christopher Taylor’s postcard is similar to those for Akmon and Cornell, with a series of negative but questionable accusations. The political newsletter, Ann Arbor Independent, has an exhaustive discussion of these points.

Section of Christopher Taylor’s campaign postcard with comparisons against Anne Bannister

SECOND UPDATE (July 27, 2022) As reported in the Ann Arbor News, Taylor’s candidates did indeed receive disproportionate cash contributions, approximately twice those of the two incumbents and Angeline Smith. This was exceeded by contributions to Taylor’s own campaign, again reported by the Ann Arbor News.

A Matter of Balance: Ann Arbor’s Loss of Equilibrium

Posted March 3, 2022 by Vivienne Armentrout
Categories: politics

Skaters demonstrating Newton’s Third Law. credit: Wikimedia Commons

Ann Arbor’s politics is getting to be more and more Newtonian. I’m sure that Sir Isaac wasn’t thinking of local politics when he formulated his Third Law. That’s the one that we learned in school as “For every action, there is an equal and opposite reaction“. Most every object in our physical universe is simultaneously being acted upon by forces, and acting on other objects by forces of its own.

We have been getting actions and reactions in our civic discourse that are more and more extreme. Indeed, it has become so prominent that Ryan Stanton, the reporter for MLive, was moved to write about it.  His question:  “why is (Ann Arbor’s) government in such a mess?” In it, Lisa Disch, Councilmember for the First Ward, offers a fair analysis:

The current council is the product of the last several years of elections, during which there have been two shifts in the power balance and some dysfunctional interpersonal dynamics have developed, she said. Combined with disagreements over policy implementation, things can get heated, she said.

The stakes get higher when people feel like they’re fighting a battle for control and not just fighting a battle for policy,” she said. “And I think we’ve seen the effects of kind of a prolonged battle going back and forth for control.

We have been writing about the factions in Ann Arbor politics for some time. The primary election for Council in 2018 was pivotal. As we noted in a later post, Mayor Taylor suffered some serious losses, retaining his own seat but losing almost all the rest of his coalition. On top of that, the effort to sell the Library Lot for a substantial development (Core Spaces) foundered because of a ballot proposition prohibited the sale of the lot and required the retention of the area as a public space. But in 2020, Taylor’s faction came roaring back, with a strong slate of candidates (vigorously promoted by Taylor) who were extremely well funded (receiving more than twice the campaign contributions of the previous incumbents).

All of this has been dizzying. As CM Disch noted, it is about control. The two sides have seriously different agendas and goals for the City of Ann Arbor. But as the battle has continued, the animosities have mounted, and now we are seeing norms violated that at one time we might have expected to be observed. The sheer nastiness, both at the Council table and on social media, would have been shocking at one time but now is commonplace. (I have contributed somewhat by labeling the Taylor followers on Twitter as “jackals”, a label they have happily adopted.) Meanwhile, the recently seated Council seems to be in a rush to undo everything that the previous majority did. Action and reaction. But what this does is to exert more and more force on the system, as more and more drastic decisions and actions are taken.

Possibly one of the most quoted poems in this last decade (and probably the least understood) has been William Butler Yeats’ The Second Coming. Yeats was propounding a theory of history in which “gyres” (spirals) represent cycles of history. He saw a movement into chaos (It was written just post World War I and already there was instability in Germany.) Here is his vision:

Turning and turning in the widening gyre…  
Things fall apart; the centre cannot hold;
Mere anarchy is loosed upon the world,
The blood-dimmed tide is loosed, and everywhere   
The ceremony of innocence is drowned;

In other words, events and movements are spinning so fast that reality itself is being transformed. I fear that we are doing something like this. Forces and contrary forces are making it difficult to see a deliberate and orderly development of policy and governance so that those of us “on the ground” are likely to be confused and startled at rapid changes of situation. (Mayor Taylor has indeed promised us this: he has repeatedly predicted “disruption”.) As quoted in the Michigan Daily a couple of years ago:

“All lines of work, all manners of doing things, are open to interrogation. The old way of running an economy, the old way of doing business, the old way of operating civil society is subject to change, subject to reexamination, subject to improvement. As we figure out where we go next, reconstituting as a functioning society with the goal of carbon neutrality will be a part of our recovery.”

Off With His Head

There is perhaps no better example of these rapid, forceful actions than the events that overtook Tom Crawford, our City Administrator until August last year. Tom was our Chief Financial Officer, beginning in 2004. As such, he was in charge of the Budget and, generally, the management of the City finances, reporting to whichever City Administrator was on board at the time.  When the then Administrator, Howard Lazarus, accepted termination in early 2020, Tom became the interim administrator, and then was appointed City Administrator in September 2020. Unfortunately for him, he was appointed by the victors of the 2018 election, who had already been defeated in the August 2020 primary. He was terminated by the new Council less than a year later.

We have speculated (and I do not withdraw this opinion) that he was relieved of his position so that the Mayor and his followers could have control of the Budget without interference. See also Rescuing Ann Arbor’s Budget. Mr. Crawford was long known as a strict constructionist as far as budget discipline goes, and the City had a number of budget shocks because of the COVID economical effects. There were some grim reports through 2020.

But it can’t be discounted that part of the reason to terminate him was that he just wasn’t their guy. And it was clearly payback for firing Howard Lazarus, whose agenda was compatible with Taylor and his friends. Here is a comment published on Twitter by Joan Lowenstein, the doyenne of the Taylor faction (and the Treasurer for many associated candidates).

A Short, Sharp Shock

So after nearly 18 years of service to the City of Ann Arbor as a well-respected and authoritative administrator, Tom Crawford was relieved of his position, in a manner that many of us found to be poorly justified, abrupt, and brutal. The accusation was that he had said racially insensitive things. He denied some of these. The actual quotes had no documentation other than the statements of a very few employees, who were not identified. (See this article and our previous post.) Among other things, the original report by a consultant (Jennifer Salvatore) did not recommend termination, and Crawford himself did not obtain legal support in those initial stages, but instead wrote a memo apologizing for any hurt he had caused and offered to do training and take other steps to ameliorate the situation. As we detailed in the earlier post, a series of emails obtained by FOIA appeared to indicate that the presentation of the accusations was primarily guided by and possibly dictated by the City Attorney and his deputy. At the end, Mr. Crawford was simply shown the door, in such a way that he was also not entitled to any severance pay.

Oddly, a second investigatory report was made public by Council in January 2022, long after Mr. Crawford’s exit. Why was this necessary? Was it to attempt to justify Council’s action after the fact? It definitely came across as a case of “hitting him while he was down”. There was a vigorous objection by Ralph McKee, a retired attorney who has been following this procedure closely. Critique of Salvatore Followup Report Re Tom Crawford is a lightly edited and reformatted version of an email which was sent to Council shortly after the action. McKee presents a detailed analysis of the flaws in the procedure and the report.

That’s Enough

There was enough force behind this violation of norms to evoke a reaction from another member of the community. Bruce Laidlaw, a well-known local attorney, took notice of the behavior of the lawyers who were prominent in this case. Laidlaw was at one time the Ann Arbor City Attorney, has represented the City before the Court of Appeals, and has also served as an attorney for numerous local townships and villages. He has been involved in law at the local government level for over 30 years and is well known and well respected.

It is one thing to dislike actions of elected officials (Council members) who may not understand the law or the culture of the legal profession, but another thing to see established legal professionals who should know better behave outside the proper boundaries. Laidlaw was clearly outraged on a professional level. He undertook a personal mission to study all the details of the Crawford case, and also of a separate report that Salvatore produced in response to the complaint made by Tom Guajardo. As explained by this article in MLive, the former HR director made a formal complaint about the treatment he received from the Assistant Administrator, John Fournier. The Salvatore report exonerated Fournier, who had essentially (and embarrassingly) been accused of similar faults to the ones that brought down Crawford, or worse. From the article:

Fournier, who was acting city administrator at the time, created a hostile work environment, Guajardo alleged, accusing him of harassment, discrimination and illegal directives.

As a result of this report, Fournier was declared exonerated. Again, from the MLive article:

The report is a full and unequivocal exoneration,” Mayor Christopher Taylor said in a statement. “It concludes that Mr. Fournier’s actions were justified, lawful, consistent with policy, and, to be clear, non-discriminatory. Period.”

Laidlaw has done a careful study of these events, beginning with a number of FOIA requests for documents and also for the invoices and time sheets submitted by Salvatore. He has been constructing an account of his findings which he expects to publish online eventually.

In late February 2022 he sent an email addressed to the City Attorney, Stephen Postema, Jennifer Salvatore (the consultant) and Mayor Christopher Taylor, who is also an attorney and partner at Hooper Hathaway. (It is copied to Council; reproduced here with Mr. Laidlaw’s permission.)

In the email, he compared the actions of these attorneys to those who supported the Joseph McCarthy hearings in the 1950s. Those of us who actually remember that time understand that it was the classic example of character assassination for political grandstanding purposes.

Here is the major part of the text of Mr. Laidlaw’s message.

With the help of persons unknown, you managed to compile a list of arguably insensitive comments by Tom Crawford. That was used as an excuse to fire him. He signed a termination agreement that didn’t even provide the severance payment to which he was entitled. But you had to further assassinate him.

Having ruined Crawford’s professional career, you contrived a new report accusing Crawford of illegal employment discrimination. I have searched City records and watched City Council videos, but have found no excuse for that report. I didn’t find who authorized spending $8,000 to prepare it. I can’t think of any public purpose for creating it. It appears to have been a Joe McCarthy type of attempt to ruin the reputation of a dedicated public official.

But he is not stopping at a simple complaint. These actions have brought forth a reaction.

As a member of the State Bar, I feel I have a duty to report highly unprofessional conduct by attorneys. The efforts of the three of you to attack the reputation of Tom Crawford were unprofessional. If you cannot rationally explain those efforts, I intend to file a grievance with the State Bar.

Obviously, it is too late to retrieve the damage done to Tom Crawford. But it will be interesting to know whether this additional forceful response will have any long-term effect. And what will be the next reaction? I hope that it does not result in an even more striking departure from norms. This chaotic behavior in search of power does not benefit our community.

UPDATE: Mr. Laidlaw has now created a website, A2Views, where he has written a narrative and linked to a number of important documents.

SECOND UPDATE: An article in the Michigan Daily discussed the second Salvatore report and quotes Mayor Christopher Taylor.

Ann Arbor Mayor Christopher Taylor said he supports the conclusions from the report, and explained the city attorney was in close contact with Salvatore for the duration of the investigation. He also said that while the city attorney may not agree with the conclusions made by the external investigator, the attorney did verify the facts presented in the report.

In an email to all of Council, Laidlaw requested a clarification of that comment. He stated that if the City Attorney disagreed with the conclusions in the report, that calls for a public explanation.

THIRD UPDATE: As reported in MLive, Tom Crawford has now filed suit against the City. The defamations in the second Salvatore report have made it impossible for him to seek employment.

“In a 10-page cease-and-desist letter sent to the city attorney’s office April 8, Crawford’s private attorney Mark Heusel argued City Council publicly released an inadequate and incomplete investigation report in January that potentially ruined any opportunity for Crawford to get a new job in the public sector or any comparable job.”

FOURTH UPDATE: Mr. Crawford was kind enough to supply a full copy of his attorney’s letter and it is published here with his permission. Crawford Request Retraction Letter

FIFTH UPDATE: Mr. Laidlaw’s suit against the City of Ann Arbor for their FOIA denial was dismissed. This was old news, since he had obtained the required information previously. No individuals were named in the Salvatore report, only job descriptions.

SIXTH UPDATE: (January 1, 2023) Tom Crawford has announced that he has been recruited to join Ann Arbor SPARK as its Chief Financial Officer. This is very welcome news on several fronts. One is that the Ann Arbor community will not lose his skills and knowledge. Another is that despite the disgraceful way he was treated by Christopher Taylor’s Council, his personal and professional life will be back on track. (Taylor now has a unanimous Council of his own followers. This will presumably tone down some of the self-congratulation.)

 

 

 

Stormy Weather: Ann Arbor is Facing Another Utilities Lawsuit

Posted October 27, 2021 by Vivienne Armentrout
Categories: civic finance

In a previous post, In Deep: Ann Arbor’s Water Troubles, we reported on a class-action lawsuit pending against the City of Ann Arbor in regard to water rate. That suit, which was housed in our local Circuit Court, petered out after Judge Archie Brown denied the motion for class certification. As we noted at the time (July 2021), a flaw in this suit was that it focused on water fees and water reserve funds, and only glancingly dealt with the more obvious case of Ann Arbor’s stormwater fee structure. In our Addendum to that post, we outline some of the issues with the stormwater fee (which I am now simply calling a tax).

Now the same law firm (Kickham Hanley) has filed a completely new suit, this time in the Court of Appeals (taking the action out of our local Circuit Court; they explain why they are able to do this). The new suit, Platt Convenience, Inc. v. City of Ann Arbor, is a straightforward complaint that the Headlee Amendment to the Michigan Constitution has been violated. Their case is so simple and factually based to demonstrate this that they state at the outset, that

PURSUANT TO MCR 7.206(E) AND MCR 2.112(M), PLAINTIFF STATES THAT IT DOES NOT BELIEVE THERE ARE ANY FACTUAL QUESTIONS THAT ARE ANTICIPATED TO REQUIRE RESOLUTION BY THE COURT AND PLAINTIFF DOES NOT ANTICIPATE THE NEED FOR DISCOVERY AND THE DEVELOPMENT OF A FACTUAL RECORD.

This is in contrast to the previous suit, which involved extensive discovery (questions for the City to answer), many of which were batted away by the City’s hired lawyers. What the plaintiffs are doing is asking the judges to read their case, and decide on the basis of what is presented. Presumably the defendant (the City) will produce a defense, but that is all the action expected.

The Headlee Amendment and its implications were explained at some length in our previous post. Here is an excerpt:

Here in Michigan, as in many other locations, the tax revolt led by California’s Proposition 13 (1978) resulted in an amendment to the Michigan Constitution (the Headlee Amendment [1978]) that limited taxation by local governments. The intent was to protect citizens from new taxes unless they voted for them. It has several sections but the take-home message is: no new taxes without a vote!  This has severely limited municipalities (cities, townships, counties) in Michigan because the only available source of new revenue has been voter-approved property tax millages.

But municipalities also offer services that can legally be supported by fees. A fee is not considered a tax. It is simply the price of receiving the service. It is not, however, supposed to exceed the cost of providing the service. When is a fee a tax? When it is meant as a revenue source, not merely a compensation for the service.

What Kickham Hanley does with this new Class Action Complaint  is to focus efficiently on all the evidence (and the exhibits are almost exclusively the City’s own documents) that Ann Arbor’s stormwater fee is in fact a tax, and thus is illegal under the Michigan Constitution. These arguments follow the precepts laid down in the Bolt Decision, the Supreme Court decision that is taken to be the definitive word on this issue. It presents a case regarding a simple question:

Is the Stormwater Charge imposed and collected by the City of Ann Arbor, which has been assessed against Plaintiff and the putative class, a disguised tax in violation of the Headlee Amendment?

We will not try to reiterate their arguments and evidence here. Interested parties should read the brief, which is quite detailed and is 50 pages in length.  Brief in Support of Stormwater Charge Complaint October 22 2021 In addition to points on which Ann Arbor’s stormwater fee structure violates Headlee, the brief reviews a number of recent similar lawsuits. It seems a lot of Michigan municipalities run afoul of Headlee as defined by Bolt, and they usually lose. From my reading, Ann Arbor is likely to lose too.

One of the many failures under Bolt that the brief cites is that the stormwater fee is not voluntary. A utility fee is supposed to be voluntary, in that you can limit your usage of the utility. With the fee essentially being assessed against a quality of your parcel, there is no limitation available other than the minuscule amounts that a rain garden or rain barrel bring you. And the penalty for not paying is that the amount gets assessed as a lien against your property. That is a pretty good show of muscle. It almost looks like what the taxman might do.

UPDATE: (July 2022) As reported by MLive, the Court of Appeals has issued an order in this case. Evidently the City attempted to claim that this was just the same old case that had already been denied class status in Circuit Court, but this Court denied that. The plaintiff’s counsel asked the Court to rule on the case directly, but that was also denied. The case has now been sent back to Washtenaw County’s Circuit Court, where the Chief Judge is directed to appoint a Special Master (MLive reports that it will be Patrick Conlin), who will gather facts (both parties will issue lists for discovery) and produce a report. The parties then have an opportunity to object to the report. There are no fixed deadlines for the report to be completed, only for action after the report has been filed. Depending on how busy the Circuit Court is, this is likely to be several more months. (Note that Judge Archie Brown, who presided over the previous case, is retiring.)

 

Disruption, Dysfunction, and Dismay: Ann Arbor’s Governmental Power Struggle (3)

Posted September 19, 2021 by Vivienne Armentrout
Categories: politics

We have just witnessed a classic power grab, using dubious methods to dislodge a responsible administrator. Will the City of Ann Arbor ever be the same? Probably not, if the makers of these events are successful.

Ann Arbor City Administrator Tom Crawford

The news hit the community like a bomb. With almost no warning (the July 20 agenda item was posted just the day before) and certainly no foreshadowing, suddenly we learned that our respected and trusted City Administrator was being terminated. Evidently the action was preceded by a couple of closed Council Sessions (these are confidential and secret and do not appear on the City’s calendar). The July 20 meeting provided little information except that he had been accused of insensitive and inappropriate speech toward employees. The report (dated June 29) from an attorney who had been contracted to investigate, Jennifer B. Salvatore, was subsequently released in redacted form after a vote from Council. This news story summarizes some of the report.

Citizens reacted with shock. Of all the City officials we have known for years and rely on, Mr. Crawford stands out. I personally did not agree with him on all counts (he tended to value tax base over other values) but I could always know that his work and conclusions were based on solid fact and knowledge. At a subsequent meeting, public comment was a flood of objection (though not universal).

Councilmembers hastened to explain. Here are three posts with discussion.

Councilmember Elizabeth Nelson, 4th Ward

Elizabeth Nelson did not support the move. In a blog post  (An Irresponsible Termination) that contained an extensive analysis together with a comprehensive list of source material, she concludes:

A majority of Council would like the community to believe that the decision to terminate Mr. Crawford’s employment was supported by facts, consistent with recommendations, and dictated by city policy. None of that is true. A majority of Council introduced the idea of termination, based on disputed reports from five people. A majority of Council intentionally ignored other available information and rejected specific recommendations to seek out more information.

Remarkably, the justification for their decision contradicts the investigation report and introduces new, wholly unsupported suggestions of policy violation. The example offered as evidence of “past practice” is a 2019 incident involving a city employee and the then City Administrator. Investigation into the then City Administrator stands in stark contrast to what was offered to Council this week: in 2019, the 112 page report included written documentation, five times as many witnesses, as well as two years of past job performance appraisals of the then City administrator. The tiny scope of the Crawford investigation and the comparatively enormous consequence of the resulting Council decision do not come close to conforming to past practice.

Note: while it is true that a numerical majority did vote to remove Mr. Crawford, CM Nelson’s use of the word here is an oblique reference to the current majority of Council members who support Mayor Taylor and ousted incumbents in the fall 2020 election to seize power.

Councilmember Erica Briggs, 5th Ward

Erica Briggs, who supported the termination, wrote an explanatory post. CM Briggs expresses some regret but insists that Mr. Crawford is disqualified because he does not seem able to administer DEI (Diversity, Equity, Inclusion) matters. Her main focus is on the complaints by the employees. City Administrator Investigation contains some interesting context, especially this history:

Ann Arbor’s current City Administrator is Tom Crawford. He was hired as Administrator in September 2020. He served previously as Chief Financial Officer for the City since 2004. In May 2021, some City employees approached Mayor Taylor regarding statements made by Administrator Crawford that they found insensitive and offensive. They did not bring these concerns to the HR Director because the HR Director reports to the City Administrator. In response, Mayor Taylor sought the advice of City Attorney Stephen Postema and a meeting was held in late May between Mayor Christopher Taylor, Pro Tem Julie Grand, Mr. Postema, and Mr. Crawford. Following this meeting, Mr. Crawford authorized an outside independent investigation by Human Resources (HR) Attorney Jen Salvatore to examine concerns about his behavior brought to the Mayor’s attention. Council was notified of this investigation on June 1st. Council was urged to not jump to any conclusions until the investigation had been completed.

Councilmember Lisa Disch, 1st Ward

Lisa Disch, who voted for the termination, sent not just one but two letters to constituents explaining her position. She clearly had some reservations and used the word “struggled” at two different points. CM Disch is fairly new to City politics and this was a hefty decision for a new CM to make. She concludes:

I struggled with the question whether this pattern of remarks rises to the level that warrants concluding Mr. Crawford’s employment. Council received a memo by Human Resources director Tom Guajardo advising Council that to be consistent with past practice in cases like these, separation would be the proper course of action. I cast my vote based on that advice as well as on my own assessment of the import of Mr. Crawford’s remarks.

An Irregular Proceeding

There are many unusual and irregular aspects to the way this sentence was rolled out. One of them is the haste with which it was executed. You might have thought Mr. Crawford was guilty of assault, combined with embezzlement, from the haste in which he was removed from his position of trust and responsibility. The July 20 resolution (item DC 7b) dictated “That the City Attorney work to establish the details of the conclusion of Mr. Crawford’s employment as the City Administrator by the first Council meeting in August”. (This was exactly two weeks from the date of the resolution.) Crawford was to be terminated by September 1. As we noted in our previous post, Rescuing Ann Arbor’s Budget, there were previous indications that Mr. Crawford’s rigorous budget approaches were causing some friction with Mayor Taylor. This timetable of events is certainly suggestive.

The secrecy with which the process was accomplished was pronounced. At some unknown time in May, evidently a small group of employees approached Mayor Christopher Taylor with some complaints. According to the account by CM Briggs (see above), “a meeting was held in late May between Mayor Christopher Taylor, Pro Tem Julie Grand, Mr. Postema, and Mr. Crawford.” The investigator already had a contract in hand when she began her investigation on June 1. She completed her report on June 29. Council held closed (secret) meetings on July 6 and July 12. Mr. Crawford responded to their concerns with a memo (July 13) in which he expressed remorse for his verbal carelessness, gave himself a five-day suspension, and suggested a plan of study to enhance his DEI (Diversity, Equity, Inclusion) skills and practice. Sample: Complete the city’s DEI certificate program. The two remaining sessions are Inclusive Leadership and Tips for Talking about Taboo Topics. It was to no avail.

But at least some Councilmembers were concerned about the secrecy and item DC-7 (introduced by CM Ramlawi and CM Griswold) on the July 20 agenda called for release of a redacted version of the Salvatore report to the public, with the stated goal of transparency. It passed, but not without addition (DC 7b) of the call to terminate the City Administrator.

Investigator Jennifer B. Salvatore

There were many procedural irregularities which would have been questioned strongly if any legal proceedings had been involved. (Mr. Crawford was not represented by an attorney, and he did not contest the decision. He brought in an attorney only to negotiate a separation agreement.)

Ralph McKee, a retired attorney with experience in litigation, wrote to Council with  a detailed analysis of the investigation and the sparse explanation given in an “agenda response memo” by HR Director Tom Guajardo. Mr. McKee has generously given us permission to attach his analysis. I recommend that if you have an interest and time, you read McKee’s statement in whole. But this is not a bad summary:

The investigation conducted by attorney Jennifer Salvatore was incomplete, and her investigative report is incomplete, imprecise, internally inconsistent, and logically flawed. It leaves numerous ambiguities and other flaws that undermine its factual conclusions.

Tom Guajardo, Human Resources Director

McKee contrasts this report with the Stark report, which was prepared in 2019 as an investigation of allegations against the former Human Resources Director, Robyn Wilkerson. Like this incident, the issue was about speech attributed to Ms. Wilkerson. It resulted in her resignation and the management of this situation was implicated (informally and by rumor) in the eventual termination of the former Administrator, Howard Lazarus.  This article in the Ann Arbor News contains many of the details. It also identifies the new Human Resources Director, Tom Guajardo, who began work for the City of Ann Arbor on January 25, 2021.

The Wilkerson case has been used as the antecedent for the judgment of Crawford. But there were significant differences in the investigation and report. In the previous case, there were actual text messages that had been retained. There were 25 witnesses, who were known to the investigator but who were identified only by number.  In contrast, the Salvatore report was based only on comments by 5 employees, and there was no textual evidence. McKee comments (excerpted)

The report, unlike many of this type (such as the Stark report) unfortunately does not identify which witnesses made which complaints and/or other statements.  (I am not suggesting that the witnesses interviewed should be identified by name or position, only, as is typical, by number).  So it is impossible to tell, for example, whether one witness made, say, 5 of the complaints, and the other witnesses one each, or whether one of the witnesses made all of the complaints deemed most serious by Salvatore and/or the agenda response memo. 

… Salvatore uses ambiguous terms like “multiple” and “several”, instead of, say, “3” or, better, “witnesses, 1, 2  and 5”.  This results in some pretty confusing possibilities on key points.  First, “several” typically means 3 or more.  Salvatore notes that “several” witnesses (so, 3 or more) said that they didn’t think they could work with Crawford after the complaints (interestingly, the context suggests that either Salvatore discussed other complaints with each of the complaining witnesses or they discussed them with each other), and “several” thought Crawford “meant well”, suggesting that they could still work with him. 

Quoting from the Salvatore report, “While Mr. Crawford denied outright several of the most troubling allegations (i.e., he denied the comment about hiring minorities; the comment about the African American employee; and the use of the term “the blacks”), I do not find Mr. Crawford’s denials in this regard credible, particularly where multiple individuals either heard the comments or heard about the comments at the time.”  But McKee comments

These conclusory comments, particularly re the “most troubling” allegations, are not well supported by Salvatore’s earlier imprecise descriptions of the actual interviews, and Crawford’s denials are pretty strong as to those particular allegations. 

Again, reading the McKee analysis in full is highly recommended. These excerpts miss many important points made in the full analysis.

According to Salvatore’s own description, she interviewed five (only) employees from remote locations via Zoom. She did not record the interviews, but took notes. She does not indicate that she transcribed the interview (which would be a verbatim account), but merely that she “took notes”. As most habitual note-takers will acknowledge, written notes can be taken in a sort of personal shorthand which necessarily are filtered through the note-taker’s own language usage, thus are subject to introduced overtones. This is particularly concerning since she was grouping conclusions from these different individual interviews.

Salvatore’s analysis and conclusions about the veracity of the complaints were startling. While Mr. Crawford denied outright some of the allegations and sought to give explanatory context to some of the others, she chose to dismiss his denials. None of the individuals who reported the comments had any discernible motive to lie about them.” This is a remarkable statement, considering that he was a top manager in the organization and many employees have general gripes and dissatisfaction with management in most organizations. As the longtime financial manager, Mr. Crawford could have made numerous decisions over the years that would cause dissatisfaction. Considering the weight and potential impact of the testimony, she should have sought some additional information.

Finance Department conflicts

Before taking on the role of Administrator, Tom Crawford spent many years as the City of Ann Arbor’s Finance Director (sometimes alluded to as the CFO, in imitation of corporate titles). McKee points out that the Stark report documents serious friction between Finance and Human Resources regarding a payroll system. Since we don’t know who the complainants are, we don’t know what managerial decisions may have affected them at some point. And we learned later that a number of high-ranked employees were considered to be underpaid. As we noted earlier, budgets and fiscal responsibility were a major focus of Mr. Crawford’s administration. The Administrator’s budget passed in May included eliminating some positions and placed limitations on the expanding Sustainability department. In 2020, with the pandemic that had just hit Ann Arbor and the rest of the state, Crawford proposed salary freezes, salary cuts, and held out the possibility of voluntary furloughs. Top officials did take temporary salary cuts, including the Administrator himself. These uncertainties and possible salary reductions would have been sure to cause resentment.

And then, in case her dismissal of any motivation on the part of the employees was not sufficient, Salvatore then makes the startling allegation that Crawford had “memory issues“. Really? Was there a diagnosis offered by a mental health professional? Were there examples that could document this condition?

One can only imagine the course of events if Mr. Crawford had thought to obtain legal counsel. But as it was, he accepted his fate and negotiated a settlement, after which he resigned gracefully with this letter: Crawford Resignation Letter. In the letter, he does not admit to any specific offense but acknowledges that “I have not always been at my absolute best, which I now understand created hurt, distrust and anxiety amongst some staff” and apologizes to those who were affected.

Bypassing Human Resources Director

One of the many irregularities in this process was that the standard accepted means of bringing complaints about behavior (in this case, mostly comments about race issues) within an organization is to take them to the Human Resources department. HR departments generally moderate and investigate such complaints and attempt to determine their veracity and to suggest a course of action, whether it is remedial training, compensation for damages, or termination in extreme cases. In this case, the “investigator” (Salvatore) appeared to play the role of HR, with a series of judgments as to which provision of the HR policies were or were not violated. She also suggested remedial action. More DEI training, a separate DEI administrator (this had already been decided by Council), and

the City should consider incorporating into Mr. Crawford’s annual performance evaluation process a robust 360 review soliciting feedback from Mr. Crawford’s direct reports on his management style and leadership around DEI issues in order to better understand if there are further and additional concerns in this area beyond the issues that have been the subject of this investigation.

(The suggestion of a 360 review seems a sensible solution. These are often conducted in organizations. Anonymous comments on a person’s job performance and behavior are solicited from other employees in every relation to the person being evaluated. So supervisors, peers, and subordinates are invited by a (typically) outside consultant to submit frank evaluations, which are then summarized in such a way as to avoid identification of the commenters. This presumably gives a well-rounded perspective.)

Ms. Salvatore does not suggest termination, and the general tone of the conclusions appears to indicate that this is a fixable problem.

The new HR Director, meanwhile was left completely out of the loop. The justification given by CM Briggs is that They (the complainants) did not bring these concerns to the HR Director because the HR Director reports to the City Administrator.  This is disrespectful to both men. It assumes that Mr. Crawford would take punitive action, and that Tom Guajardo is incapable of managing this situation as any HR professional would.

A Last-Minute Intervention

As stated here, the Salvatore report did not suggest termination, and instead offered means by which the future behavior and performance of the Administrator could be ameliorated. There was no particular basis for the Council to fire him, based on this report. The last tool available was to bring in the Human Resources Director, who up to now had not been involved.

The agenda for July 20 included an item (DC-7) that would make the Salvatore Report public, with redactions, as well as Tom Crawford’s July 13 memo apologizing and promising to amend his own actions. The item was introduced by CM Ali Ramlawi and Kathy Griswold, in an effort to bring public transparency to what had so far been a secret discussion. But at the last minute, an amendment to this resolution, sponsored by Mayor Taylor and CM Erica Briggs, Jen Eyer and Linh Song, was offered.  It contained these phrases:

RESOLVED, That the City Attorney work to establish the details of the conclusion of Mr. Crawford’s employment as the City Administrator by the first Council meeting in August;

RESOLVED, That the City Attorney advise the City Council on relevant details and any necessary agreements concerning the conclusion of Mr. Crawford’s employment as City Administrator before the first meeting in August

The Agenda Response Memo

On Council agendas, it has been customary to include an “Agenda Response Memo” at the beginning of the agenda. This is usually issued by the Administrator in response to Council questions. Generally the answers to specific questions are prepared by appropriate staff, depending on the department to which the inquiry is directed.

At times this period is also used to introduce new staff or to have a staff answer questions in person, if the intent is to allow Council to seek information about a particular program.

In the case of the Crawford termination, an agenda memo appeared on the Council agenda only hours before the actual meeting. It proved to be critical in justifying the termination of Mr. Crawford. The authors were indicated as “John Fournier and Tom Guajardo”.

Note that the title indicates that this is a staff introduction.

A series of emails sent between officials on that very day laid the basis for a Human Resources contribution, which as noted had not been solicited to date. A FOIA initiated by former CM Jack Eaton is excerpted here: Email Thread 7.20.21

The July 20 email thread makes it clear that Mr. Guajardo, who up to now had been excluded from all consideration of this case, was not particularly aware of developments.

  • At 8:29 a.m. Mayor Taylor sent a request to staff: “Please provide information regarding HR policies and practices in the City concerning protected class inappropriate comments or conduct.”
  • Sara Higgins, the staff person who was responsible for arranging the agenda, replied “I will note this as a staff introduction request for agenda item DC-7.”
  • Higgins then emailed the HR director, “I will add you as the contact for this staff introduction request for agenda item DC-7 and I will also send you the meeting request with the Zoom link for the Council meeting.”
  • Guajardo replied, “Sara – Can someone please clue me in as to what DC-7 is? This would probably be good information to have if I am having to speak to it.” 

It is still not quite 9:00 a.m. But at 9:19, John Fournier, the Assistant City Administrator, writes to Higgins, Guajardo, and the City Attorney, Stephen Postema, as well as Margaret Radabaugh, an Assistant City Attorney.

  • Team,
    Let’s let Stephen take the lead on this one. If he sees utility in including Mr. Guajardo, then we will accommodate. But we will defer to him.
    TG, let’s talk about it at 10 am. (TG refers to Guajardo.)

So you will note that having included the HR Director in this discussion, he is now being backed out. At 9:20, Margaret Radabaugh writes to the group:

  • Tom,
    Stephen is going to talk to the Mayor and recommend that the reply be in writing. I am copying Stephen on this email for further guidance (along with John for awareness). (4 lines are redacted here.)
    @Postema, Stephen will be in touch with you on this issue and I am also happy to help. Call anytime.

At 4:21 p.m., Postema writes,

  • Here is final version with edits. I think the request should be added. John is going to add statement that while the request was concerning a late add Resolution , the HR Director was able to provide a written reply.

(So instead of an in-person appearance by the HR Director, where he could have been asked questions, he is represented by a group-edited statement. And it is clear that this course has been steered by Assistant City Administrator John Fournier.)

At 5:09 p.m. (Council meets at 7:00 p.m.), Higgins sends this message: (emphasis added)

Mayor and Council,
Attached is a staff response to an additional July 20 Council Agenda question that was sent to us late. This memo will be included as a written communication from the City Administrator on the July 20th Council Agenda. While normally a late agenda question would be answered as a staff introduction, Mr. Guajardo was able to prepare the answer today in writing and so it is being forwarded in lieu of a verbal briefing.

Thus, rather than a response actually authored by the Human Resources Director under his own guidance, the Council is presented with an authoritative statement at least partially dictated by John Fournier and Stephen Postema. In addition, he is not given the opportunity to appear before Council to answer questions.

Evidently, this tips the balance or at least justifies actions by individual Councilmembers. It contains the following sentence:

My general practice concerning substantiated discriminatory comments would be to recommend to terminate employment immediately (though this could be effectuated by way of a resignation or separation agreement in addition to termination).

Note that this is not a specific recommendation in the Crawford case. It is presented as a hypothetical. Yet this was cited by some CM as the reason they voted to terminate. CM Lisa Disch, for example, wrote: “I cast my vote based on that advice“.

One can only imagine the course of events if Mr. Crawford had thought to obtain legal counsel. But as it was, he accepted his fate and negotiated a settlement, after which he resigned gracefully with this letter: Crawford Resignation Letter. In the letter, he does not admit to any specific offense but acknowledges that “I have not always been at my absolute best, which I now understand created hurt, distrust and anxiety amongst some staff” and apologizes to those who were affected.

The Why of It

There are clearly many questions and items of dispute remaining about Tom Crawford’s dismissal (formally, he resigned instead of being fired, but no one was confused). It will remain a serious disagreement between two factions of Council who must somehow manage to work together. But it is clear that he got what is colloquially known as the “bum’s rush” – ejection without ceremony.  But why? What was the urgency? The alleged reasons are obviously inadequate. He was careless in his language. But he did not demean any individuals, and the hired consultant stated that she did not believe he actually caused any employee trouble with their job.

…the allegations at issue in this investigation did not involve any claim that Mr. Crawford has taken any adverse employment actions based on race, gender or any other protected category. Accordingly, based on the issues that I reviewed, I do not believe that a preponderance of the evidence supports that the City’s Non Discrimination Policy has been violated.

The lack of propriety and fairness in the process used clearly had a strong motivation. What we have just witnessed was a “palace coup”, which is the takeover of a legitimate government by insiders. What did the instigators hope to achieve? There are several possible explanations, some proposed by other people and some we have already put forth.

Mayor Christopher Taylor on Facebook, August 29, 2021

Overriding a FOIA. It has been bandied about that resentment about Crawford’s releasing material that had been denied in the FOIA process. Crawford reversed an earlier decision and released a police report on a matter that embarrassed Jen Eyer, one of the most powerful Councilmembers, who is thought to have far-reaching political aspirations. But Christopher Taylor, in a recent Facebook “town hall” denied that categorically. He stated,

There is one reason why the administrator resigned that is because the administrator’s workplace statements in the areas of minority hiring, race, and LGBT experience that were unacceptable to the workplace – when a leader makes statements of those kinds, the leader’s not in a position to provide leadership to an organization such as ours. That’s just the way it is. That is the beginning and ending of the conversation.

I consider the FOIA incident unlikely as a motivation as well.

Factional hatred and payback for earlier events. There is discussion of this motivation in “Crawford Out” (the Ann Arbor Observer September issue). There were particularly hard feelings about the firing of Howard Lazarus (he also formally accepted a settlement rather than being fired). Lazarus did not get along with the majority in Council following the 2018 election and he was strongly supported by the Taylor faction. The reporter alluded to this in his conclusion. There is no question that the Council was and is divided along factional lines with regard to opinion about the Lazarus issue. Whether Crawford’s termination was directly seen as payback is questionable. However, some of Taylor’s supporters seem fairly certain.

A tweet from one of the frequent #a2council commenters

Power and Money, or Power over Money. There is considerable reason to suppose that this is the motivation behind Crawford’s ouster.

Over Crawford’s long experience with the City as its Finance Director, he always recommended or imposed a strong budget discipline. It was he who introduced many safeguards and understandings of the logic behind the Budget.

The Budget for any government is a legal document that lays out how money may be spent. Typically money is segregated into designated fund compartments, and transfers between them is frowned on. These fund compartments may have either legally constrained revenue sources (for example, grant funding for a particular purpose must not be used for a different purpose), or they simply reflect the will of the Administrator and the Council working together on priorities. Budget battles are often fought over establishing those priorities and the dollar amounts that come with them. Crawford often made a point of Ann Arbor’s structural deficit – the point that our tax base does not match our expenditures. In the recent budget cycle, (see Rescuing Ann Arbor’s Budget) he spoke gloomily of the possible need to dip into reserves or delay contributions to pension funds, for example.

He also stressed the difference between one-time revenue (like the American Rescue Plan [ARP] funds) and recurring revenue. The point was that you could not budget by using one-time money to pay for recurring expenses.

A “kitchen table” analogy would be that if the rent is due, you might manage to pay it this month by selling a few possessions. But when the rent comes due next month, what will you use then? You need to have a regular source of income if you will be able to pay your rent every month.

The total City budget for FY 2022 is about $470.5 million. But that includes many funds that are not accessible for any but their intended purpose (restricted funds). The General Fund, which can be used for discretionary purpose, is only  about $118.2 million. These are the dollars that Council can spend for priorities, including most salaries and favored projects. The ARP is promised to be about $24.2 million. That is about 20% as much as the entire General Fund for the year. But it is clear that Crawford would not have favored using this windfall just to top up this year’s spending. In informal conversation, he mentioned that there should be plans to address some major issue with it, possibly in collaboration with Washtenaw County.

To return to the kitchen table, an unplanned extra sum of money might be used for investment. A new roof, perhaps, and some addition to the savings account. Not too many extra vacations or other treats.

Enter John Fournier

The Assistant City Administrator, John Fournier, was hired by Howard Lazarus to assist with day-to-day responsibilities. This position had never existed in Ann Arbor City government previously. When Lazarus was terminated, Tom Crawford became the Acting Administrator. When Crawford was appointed City Administrator, John Fournier was still in the Assistant position at a salary of $153,000. He has now been made Acting Administrator as of August 16 and is receiving a salary of $223,600. He has not applied for the open position of City Administrator, and the Council has decided to hire an outside candidate as Interim City Administrator, likely to serve until 2023.

Fournier has shown himself willing to step forward and take action. As we have recounted above, he took charge of the agenda item which led to the termination of Tom Crawford. He stepped in to guide the production of the “agenda memo” which was used as justification for the termination. When Elizabeth Nelson suggested that he had written it (because he did sign it), he sent her a stern letter (Fournier letter) reprimanding her and demanding an apology. In the letter, he denies any role in writing the memo itself, but it is obvious from the emails that he was instrumental in seeing that the final document was a group-edited memo rather than a personal appearance by the HR director.

Even before the formal termination date for Crawford, Fournier announced a number of pay raises for top-ranked staff. One of those is the new HR Director, John Guajardo, who was so recently involved in the “termination memo”. As he states in his August 29 memo to Council (Fournier pay memo),

The day after I was appointed to serve as the acting city administrator (n.b., August 18), I asked the human resources director, Mr. Tom Guajardo, to prepare a pay equity analysis of non-union staff. Over the last several weeks I have met with the human resources director, members of the human resources staff, the city’s senior staff leadership, and city attorneys to formulate a response to our pay equity issues.

I think we could regard that as moving with alacrity. Note that some of these salary raises could be as much as $10,000 per year. Only 10 days after being appointed to a temporary position, a rather far-reaching expenditure is proposed. Fournier references a pay equity study done in 2017, though it is not clear how much that has influenced the current decisions.

Tom Crawford, as we have said, is a budget maven and was likely slow to increase salaries for non-union personnel, especially in this last year. Any governmental money manager knows that FTE (full-time equivalents, or employees) are one of the most expensive items in a budget. There are fringe benefits and pension contributions that add to the base salary cost. Over time, an increase in base salary can add volumes to the final expense of an employee. There is a multiplier effect.

Could it be that Crawford, by restraining growth in compensation for already well-paid administrative staff, garnered ill will? This is not an inconsequential question for someone who was just terminated based on anonymous staff complaints. In any event, it is clear that Fournier is not feeling inhibited to spend money.

It is also evident that he is in the catbird seat, at least in the near future. A choice has not yet been made between the candidates for Interim Administrator, and there must surely be at least a month or two before one will be installed. Even then, Fournier will have considerable influence, as “the man on the scene”.

Mayor Taylor, Missy Stults, and A2Zero

Mayor Christopher Taylor has been very, very clear. He is thoroughly committed to the issue of Ann Arbor’s carbon reduction (we’ve promised to be carbon neutral by 2030).  As we have quoted him a number of times, he has basically promised disruption, transformation, a complete change of the way we do business. (See here again.) There are various estimates of how much A2Zero will cost, (here is last year’s: A2Zero Investment Plan ), but it has been said to be roughly $1 billion over 10 years. The City General Fund is only slightly more than $100 million per year ($118 M). This would consume nearly the entire City discretionary budget.

Missy Stults, who was brought on by Howard Lazarus to direct the new department of Sustainability and Innovation, is clearly a very ambitious and pro-active leader who also generally seems to command respect and appreciation. Here is what John Fournier said in his recent memo:

…with three years of hindsight it is clear that Dr. Stults has created an ambitious, transformative, and effective city unit of more than a dozen staff members who are working with partners across the organization and community to create a more sustainable future. I have come to regard her work as essential to the city’s operations, and her unit of government has become a true enterprise function within our organization.

There are only two problems with the broad-ranging A2Zero program (other than its cost). In my estimation, it won’t achieve its goals, and there are no metrics in place to indicate progress toward them. (See our discussion of this.)

And also, many of its elements are either currently illegal under Michigan law, or impractical for other reasons. But then there is also the fact that it would consume almost our entire governmental structure. What services that we have come to expect as a matter of course will be challenged? This is unknown, but not impossible to foresee. Further, our Mayor has repeatedly promised surprises. In the preliminary document provided prior to last year’s Council vote, Stults indicated that some other City departments and programs could be attached and used. For example, Solid Waste and the Stormwater fund. Certainly, if we are spending over half the City Budget on this program, it will be spreading its wings over many functions.

Power unleashed

It seems clear that there is a strong coalition within City Hall that is seeking to gain control of the money, and the control, of many aspects of our City government. Note that the ARP plan, which was supposed to be presented by October 1, is not spoken of. In contrast, the Board of Commissioners has had County-wide discussion and come up with a draft plan. It is admittedly controversial, but appears to be a solid and considered attempt to address priorities. What will happen to our allocation? I would be pleased to hear that Council is considering alternatives. But frankly, I think that A2Zero is able to absorb the entire amount. Mayor Taylor has already put forth the idea of a new millage to further support it, but it has evidently been postponed till next year.

Dismay

The City of Ann Arbor is in the midst of a very troubling time. It goes far beyond the usual squabbling over unwelcome developments or ordinances. This is an uncertain time for the world, the nation, the states, the people. We have been relatively fortunate in Ann Arbor because of our inherent wealth (in terms of resources) and our well-educated population. We also seem to be fortunate in terms of the weather, compared to many other places. But our governmental structure seems to be dissolving.

One truly dismaying factor is the divisiveness and outright nastiness. Of course, we have had that Greek chorus of #a2council jackals on Twitter for some time. (There is a lot they don’t like about many of us who live here.) But the complete collapse of civility and discourse in our City Council is truly a source of dismay. See Disruption, Dysfunction and Dismay (2). There appears to have been established a culture of character destruction against elected Council members and others who simply have different notions of what the City should supply to its residents, or what its character should be.

Evidently this is a general trend within our culture. A recent essay in the Atlantic Monthly by Anne Applebaum, The New Puritans, describes it with chill-making accuracy. Typically, someone simply uses a term or a turn of phrase that is deemed offensive. Then there is an outcry, a shunning, a dismissal, all without any mediation or search for true meaning. People have lost their jobs, their friends, their reputations, basically through mob action.

This method has now been “weaponized” right here in our little enlightened city. First, there was the destruction of Jeff Hayner (though he still sits on Council). I’m not going to try to argue Jeff’s case here, but at any distance it would have been seen as incredible to have numerous Council actions against him for the injudicious use of two words in quotations, not aimed at any individual.

Having succeeded so well with that, it was evidently determined to use the same tool against our City Administrator. The timing of the complaints was very convenient, and odd. Most of the attributed comments had evidently been made some time ago, perhaps months. Suddenly, as we have already described, five employees chose to meet with the Mayor and complain about a variety of verbal offenses. The meeting occurred just after the City was announced to be receiving a big pot of money. If these two events are not connected, the universe is very strange indeed. And now we are seeing a rapid move to change the allocation of money, since the budget guard is gone.

How can this be happening in Ann Arbor, Michigan? It is hard to comprehend.

UPDATE: We speculated that the American Rescue Plan funds were a major reason for the unceremonious dismissal of Mr. Crawford. Sure enough, a “plan” appeared almost immediately from Acting Administrator John Fournier. This post by CM Elizabeth Nelson sheds some light on how that happened.

SECOND UPDATE: (March 18, 2022) The City of Ann Arbor has announced that the resolution to appropriate funds from the ARPA Covid relief monies distributed by the Federal Government will be acted upon at the April 4, 2022 Council meeting. Here are the recommendations from the Administration  ( ARPA 2022 ).

THIRD UPDATE: The City Council approved the final dispensation of the ARPA funds on April 6, 2022. Here is the web page that outlines the items in detail. The new City Administrator, Mr. Dohoney, is to be commended for the public participation sought in this process.

There were many adjustments and changes made to the original list provided by John Fournier.  One outstanding change was the shift to housing and human services. $4.5 million was designated for housing and $1.68 million to the human services (social safety net) fund managed by Washtenaw County. These are certainly appropriate to the intended use of ARPA (to soften the blow of the COVID pandemic).  A total of $6.5 million was directed to A2Zero priorities (including transportation). Two items are questionable in budgetary terms, $3.5 million for “unarmed response” (alternative to 911 for emergency calls) and $1.6 million for a Universal Basic Income pilot. There is no obvious source of funding for these new programs in the future and under budgetary discipline one would not expect to see a one-time pool of money used to create programs that will possibly be orphans in the future. There were also a couple of good solid infrastructure allocations (as one would have expected with a one-time windfall). Galvanized Water Line replacement $2 million; Gallup Park Bridge $2.3 million; and an improved City Clerk facility $1 million were all the sort of one-time investments that will have long-lasting effects.

The City Budget is a much larger subject than this one fund, however. It will take some watching under the new regime. The declaration that “there is no structural deficit” is going to take some study, especially since this year’s budget used a withdrawal from reserve funds to balance.

 

NOTE: Readers should know that comments are moderated on this site. In the past, all comments were automatically posted but some people made unacceptable comments and forced me into moderation.

I will not be allowing any more comments about the Jeff Hayner situation unless they have new information (not rumors) or excellent insight. These comments are generally not productive.

 

The Long Saga of the Fuller Road Station

Posted August 24, 2021 by Vivienne Armentrout
Categories: Transportation

Over 11 years after it was first envisioned, it appears that the dream of a parking structure and train station in Fuller Park is dead. A pointed letter from the Federal Railroad Administration indicates that the project as proposed is irretrievably flawed and no further action on Ann Arbor’s efforts to apply for funding is likely.

Neumann-Smith rendering of proposal; parking structure on left, station to right (gable)

The letter from the Federal Railroad Administration, dated August 11, 2021, must have arrived at City Hall with the force of an earthquake. Ironically, it was directed toward a man who was no longer there – Tom Crawford, our recently deposed City Administrator. The letter is brief and to the point. Here are the most pertinent points. They were written in paragraph form but placed in bullets here, emphasis added.

  1. However, as FRA previously informed the City, the cost estimate for the City’s preferred project is an order of magnitude higher than other new intercity passenger rail and multimodal stations for which MDOT was awarded Federal funding by FRA to construct.
  2. The cost is high because the City’s preferred location for the station is constrained and the City is proposing a substantial amount of parking, requiring the station to be located over the tracks.
  3. In addition, the City’s preferred station design exceeds intercity passenger rail needs.
  4. Therefore, FRA is discontinuing the development of the EA and does not intend to complete the environmental process at this time.

Mayor Christopher Taylor, who has been a major cheerleader for the station, predicted in early 2018 that the City of Ann Arbor would receive a go-ahead from the FRA by the end of 2018.  The City has been in long discussions with the FRA in an effort to comply with the requirements of the National Environmental Policy Act. NEPA requires a Finding of No Significant Impact (FONSI) that indicates a project will not cause environmental harm before Federal funding can be applied to projects. Once that finding was received, the City would be clear to seek grant funding for construction of the station. (The earlier grant was only for preliminary planning and design.) It hasn’t happened.

Point by Point

Here are the underlying facts behind each of the important points made in the FRA letter.

(1.) However, as FRA previously informed the City, the cost estimate for the City’s preferred project is an order of magnitude higher than other new intercity passenger rail and multimodal stations for which MDOT was awarded Federal funding by FRA to construct.

Translation: The cost is hideously high – ten times that for any comparable proposal for a new train station. The reference is to the ARRA grant of $198.6 million received by MDOT to improve and strengthen the Chicago-Detroit line (Wolverine route). This grant, administered by MDOT, is the source of the $2.8 million Ann Arbor has used to plan the FRS. At last estimate, the cost of both phases of FRS would be $171. 4 million (Final Cost Estimate). Compare to the cost of the Dearborn station, constructed with these grant funds for a cost of $28.2 million (open in 2014), and the Troy station, about $12 million (open in 2014; part of the cost paid by other transportation funds).

(2.) The cost is high because the City’s preferred location for the station is constrained and the City is proposing a substantial amount of parking, requiring the station to be located over the tracks.

Translation: Because of the insistence by the City that the location should be in Fuller Park, rather than any of the other sites considered (the current Depot Street location was much favored by many commenters), the parking structure is loaded tightly into the area currently occupied by the UM parking lot. That lot is situated in part of Fuller Park that has been leased to the University of Michigan. The UM has only temporary possession of it, since the lease must be periodically renewed. However, by virtue of this possession, a structure could presumably be erected on it to serve the UM. This has been clearly stated as an objective since the very first version of this project. (Note diagrams in our post, Fuller Road Station: It’s All About Parking. )

According to the Architectural Narrative (Neumann Smith, 2018), a total of 1332 parking spaces is planned (Phases I and II).

The proposed design. Note that the main section is the parking structure. The station (pink/orange) is poised over the tracks.

As noted in the letter, this immense amount of parking in a small space has resulted in the positioning of the train station over the tracks. It is so obviously a near afterthought.

(3.) In addition, the City’s preferred station design exceeds intercity passenger rail needs.

Translation: The design of the station, especially the requested parking accommodation, is based on a very large estimate of future passengers for the train service. But based on ridership for the intercity traffic (as distinguished from a commuter usage), this exceeds any reasonable estimate of people wanting to go from Ann Arbor to Chicago, for example. There are some subtle policy differences here. Amtrak service (which this project is supposed to support) is primarily an intercity network, though commuters may use part of the system. But commuter service is different and may involve entirely different management and even equipment. Indeed, MDOT attempted for some years to refurbish some used train cars to serve commuters. While the tracks are used by all rail providers (including freight trains), MDOT’s grant was actually to provide high-speed rail for intercity travelers.

Mayor Christopher Taylor has clearly confused these two uses of a rail system. In his 2018 letter to constituents Annual Report 2018, he predicted 1.5 million passengers by 2040.

Additionally, the Regional Transit Authority of Southeast Michigan (RTA) is proposing commuter rail service linking Ann Arbor and Detroit along the same rail right of way. Should the proposed commuter rail service be implemented, the RTA projects that an additional 143,320 to 229,950 passengers per year would use the station for work commute trips and other intra-metropolitan area travel. Combined intercity passenger rail and commuter rail passengers could result in nearly 1.5 million total passengers per year using the station in 2040.

We now know that commuter rail service between Detroit and Ann Arbor is unlikely to happen in the near future, since the RTA millage (2016) failed to pass, as did several attempts to revive it. But Taylor also exposed a conceptual error here, since the primary use of this grant program was not to support commuter rail.

Examination of FRA comments on a review draft of the Environmental Assessment reveal a concern with cross-talk on this conflation of the two types of rail travel and usage.

The core point here is that the projected rail travel does not justify this number of parking spaces, and therefore this immense parking structure. It has so clearly become a case of the tail wagging the dog, with the little train station nearly engulfed in a parking structure.

(4.) Therefore, FRA is discontinuing the development of the EA and does not intend to complete the environmental process at this time.

Translation: What is not quite said here but is certainly intended, is that the project is dead as currently configured. Since the NEPA approval is required to access Federal funds and it will not be coming and is no longer in process. That is it, finis, kaput. Or, with apologies to Jim Morrison,

This is the end
Beautiful friend
This is the end
My only friend, the end
Of our elaborate plans, the end
Of everything that stands, the end
No safety or surprise, the end

A Long History

Perhaps the best starting point in understanding the history of the Fuller Road Station (FRS) is the letter to citizens of Ann Arbor sent by former Mayor John Hieftje on July 28, 2011. As we recounted in our post, Fuller Road Station and the Mayor’s Letter, Hieftje explained that the station would be built (located at the site of the parking lot on Fuller Park) as a replacement for the current Amtrak train station on Depot Street. It would be a joint venture between the University of Michigan and the City of Ann Arbor, with some Federal funds paying for the majority of the cost. But the UM would essentially pick up the matching funds. He stressed that

A big advantage of the financing plan for the overall community is that the University’s upfront contributions can meet the required local match for federal funding for the entire rail station…The Fuller Road Station, Phases I and II can be built without any significant upfront cost to the City.

Some millions of dollars expended by the City later, the basic theme has remained the same: We can build an elaborate parking structure with an appended train station with little local City money. The Federal government will pay for most of it and the UM will pick up the rest. And, importantly, the station must be built at the Fuller Road site.

An Early Hiccup

We have detailed the history of the City’s failed joint project with the UM in our post Fuller Road Station – A Review. Delays in attaining approval from the Parks Commission and the Council caused the UM to withdraw from the agreement in February, 2012. But a new vision quickly replaced that one. President Obama’s ARRA (stimulus program) awarded a grant to Michigan to implement Obama’s vision of high-speed rail. In September 2011, US Rep. John Dingell announced that Ann Arbor would receive a small fraction of that grant ($2.8 million) for planning a train station. (Note: Federal grants were made on an 80% Federal – 20% local match basis. The actual amount of the grant was $3.5 million, of which Ann Arbor must provide $700,000.)

Tough going

The communications with the FRA were evidently difficult as the City attempted to get approval of the preferred site for a new station in Fuller Park. The FRA required the City to look at different site alternatives, which required a separate analysis (Alternatives Analysis, Phase I, Phase II). As discussed in a May 2016 article in the Ann Arbor News, there were some changes in FRA management of this project. Attempts by the News to obtain information were answered with heavily redacted email text. Citizen FOIA requests were similarly answered with heavy redaction.

The City submitted its Environmental Assessment to the FRA in September 2017 and it evidently was subjected to some hard review. As described in the Ann Arbor News, a tough conference call in April 2018 involved many probing questions from the FRA and a surprise requirement to engage in an archeological study. This required an additional cost, another consultant, and another delay. The study was completed in October 2018 and no further action was required. This was the comment: “none of these sites appear to be associated with important events or patterns of history, or with individuals significant in local, regional or national history.”

There was also extensive public comment, much of which stressed unhappiness with the choice of the Fuller Road site rather than the existing location on Depot Street. Ann Arbor staff and consultants were required to respond to these comments as part of the EA process, but the comments and response are not shown on the City’s web page for the project. The last update to the City’s Ann Arbor Station web page indicated that a revised EA was being reviewed as of June 2019.

At What Cost?

The promise that no City of Ann Arbor funds would be spent was abandoned some years ago. The actual period of the grant ended on September 30, 2017, after which the City was working on its own dime (could not apply any expenses toward the grant). This was well covered by the Ann Arbor News and we asked whether the Council was ready to gamble (they did).

This article details a number of the projected costs.  It mentions the embarrassing gaffe that the project team made in failing to add up the figures. (Rita Mitchell, a citizen volunteer, brought the error to their attention.) In recent years, the Council has been obliged to vote on additional funds to complete the EA process.

Notably, the project has stayed at the top of City budget priorities, in spite of the eye-popping numbers. The Capital Improvement Plan (CIP) is the best report the City’s financial departments are able to produce, showing both the timeline and the projected costs of capital projects. The Ann Arbor Station has stayed at the top priority for years, and is still there. But the schedule has slipped.

 

 

The CIP is intended to show costs in “all funds”, including local and external. Note that for the NEPA activities, all have already been spent (click to enlarge the figure). We are currently in FY 2022, and the total is shown as $2,386,000 (figures must be multiplied by 1000). This is not the complete cost of our activities because that is less than the amount of the grant, and we know that was exceeded. Final design (which would require new funding) is intended to begin in FY 2023 (next year) and planned to cost $14,700,000.  The station construction is shown to begin in FY 2026 and to cost a total of $86,068,000. Of course, without grant funding (which was never guaranteed but is now impossible), this will not happen.

Taylor has continued to suggest that the Federal government will pay 80% of the cost of any construction. But of course, there has to be a program. The TIGER program expired several years ago, and until our new rail-loving Secretary of Transportation makes some announcements, we don’t know of a current program by which Uncle Sam would buy us a train station. Also, most programs are competitive and it is not clear that this project would be successful, for many of the reasons stated in the FRA letter. In any event, without compliance with NEPA, the project is simply dead in the water.

And 20% of any program in the tens and hundreds of millions is still a lot of money. It has always been hinted (or said directly) that the UM would pick up a big piece of the costs for matching funds. Other “partners”, like the AAATA (which has its own funding problems) have also been suggested, but basically the question of how the City would pay for millions in matching funds has essentially been answered by hand-waving. Finding partners for $24 million or so might be challenging.

The Fatal Flaw

So what went wrong? Aside from a number of over-optimistic projections about commuter rail, etc., the true problem is that this project was always about parking for the UM. It began with the effort to keep a parking structure from bothering neighbors on Wall Street (long since constructed) and ultimately grew to a size and configuration that was impossible to defend as a transit project. Though the high employee count at the UM Hospitals was used to justify the possibility of an eventual commuter train, in reality the UM hospital staff agitate for more accessible parking. (The City Council just renewed the lease for the three parking lots once again.)

We could speculate about the connection between our Mayor’s insistence that the “station” will be built and his close ties to the UM, but there is no evidence that any direct pressures have been brought to bear. In any event, it is clear that the UM and its need to expand parking have played a large part in the design and placement of this overblown project.

What now? Indications were that City officials may be having conversations with MDOT and others, seeking to breathe life into the project. They are unlikely to succeed, given the finality of the letter from the FRA.

NOTE REGARDING COMMENTS: It has long been our rule that commenters must give a true name in order to participate. Some comments have been received that are excellent comments, but are anonymous. I dislike taking down comments after they have been posted, therefore we have now instituted moderation of comments. Comments should also be relevant to the subject of the post, and otherwise follow our previously posted guidelines. (See About.)

ADDENDUM:

Many readers may have missed the excellent blog, All Aboard on Depot Street. I certainly did. Because of programming decisions, the Home page does not take the reader to recent posts. They can be accessed from this page. (Note: this site is not secure and your system may give you a warning.)

You’ll note from the post that I have referenced here that the FRA has been sending the City messages about the inadequacy of the proposed project for some time. A document is shown here that dates from 2018. It expresses many of the same objections and concerns that were stated in the “goodbye” letter, in almost the same language.

This paragraph is from a message sent by Melissa Hatcher, who was managing the EA review, to Eli Cooper (the Ann Arbor staff who has been the major contact for this project) and Michael Nearing (the city’s project manager for infrastructure). The letter in general is urging a rethink of the PE (engineering) plan because of the excessive costs.

As best we can surmise, there was no action taken as a result of this letter. There was no rethink of the project and there was no publicly discussed effort to reconsider the project. It appears that the strategy was “hold on and hope”.

It is notable that essentially the same information was sent in the August 2021 letter, but this time it was sent to the Ann Arbor City Administrator, presumably the top individual in the organization. So the current letter is the proverbial club to the head. “Get this???”

UPDATE (September 5, 2021): Some interesting afterthoughts by John Hieftje, the former Mayor, quoted here. He accurately notes that in those early days MDOT was leasing rail cars to establish a commuter train system, which seems unlikely now.

“It was a different scenario back when I was hoping to get this project built,” he said. “The world’s a different place.”

SECOND UPDATE (October 13, 2021) Apparently supporters have prevailed on Congresswoman Debbie Dingell to go to bat for the Fuller Road Station. We can only hope that it has little effect, as it should. There are committees. Appropriations are required. Transportation funds are always limited. And this is just a bad, overblown idea.