For the second time since October the proposed changes to the Local Development Finance Authority bylaws were removed from the agenda of the Van Buren Township Board of Trustees and sent back to the LDFA for action.
Once the LDFA approves the revised bylaws, it can send them back to the VBT Board for ratification.
Board members wanted the changes run by the township attorney first to make sure there were no violations of the Open Meetings Act.
The bylaws item was removed from the Feb. 7 township board agenda after a lengthy discussion during the work/study session on Feb. 6.
Besides making changes to comply with state law on authority membership, the bylaw changes aim to tighten up control over audience members who want to ask questions during meetings.
For years, the LDFA met without any audience at all, or just a few people from time to time.
Last May, Charles Tackett asked the authority about payment by the township for onsite construction of Visteon Village, which he said his lawyer said was inappropriate.
Then, John Delaney started attending meetings and asking a lot of questions.
That’s when authority chairman Michael Dotson, president of Wayne County Community College District’s VBT campus, brought over a sample from WCCCD on audience participation.
The bylaws then were proposed to be tightened up to cut short audience participation.
The original changes presented to the board on Oct. 18 included a 30-minute limit on all public discussions at each LDFA meeting. The board asked the LDFA to rethink that time limit, and the LDFA eliminated that limit completely.
The LDFA also changed its original requirement that members of the public wishing to address the board must submit their name and subject 48 hours before meeting time. Now, it is only “encouraged”.
The public also is “encouraged” to provide written copies of their comments.
Now the public must sign in at the meeting if they wish to address the LDFA. Also, speakers are limited to five minutes.
Also, “there shall be no debate.”
At the Feb. 6 workshop session, Trustee Denise Partridge asked that the LDFA strike the part that says there shall be no debate.
Supervisor Paul White said if a member of the public asks a question, the director doesn’t have to answer.
“You’re supposed to be transparent,” Delaney said to White, accusing him of using this cloak to hide behind.
“This is their choice, presented to the board,” said White, who also is a voting member of the LDFA.
Trustee Al Ostrowski also questioned the part saying there shall be no debate.
Trustee Jeff Jahr said often response degenerates into a debate, and “This says anyone can ask a question, but they’re not entitled to get an answer.”
Jahr said the Open Meeting Act gives the public a right to be there and to address the body, but not to participate in the meeting of an official body.
White said it was his opinion that the 30-minute limitation didn’t comply with the Open Meetings Act.
Treasurer Sharry Budd said she would like to see the LDFA minutes accompany the bylaws when it comes back before the board.
“This is taken right out of the Wayne County Community College meetings procedures,” said Economic Development Director Terry Carroll, saying after the meetings were disrupted by members of the LDFA audience. Carroll said the changes were not initiated by White or himself.
Jahr said the next step was for the LDFA to implement the bylaws, noting they have been doing it backwards. They should adopt the changes first and then send it to the township board for ratification.
Jahr said under the Open Meetings Act you can’t require a person to give a name. He suggested the document be reviewed by the township attorney before being sent back to the LDFA.
Diane Madigan said that the LDFA is in charge of watching over the bonds sold by the township to build parts of Visteon Village. She said the $25 million will grow to $50 million by 2032. The township’s full faith and credit guarantees the bonds.
She said that the LDFA cancelled nine of the 12 monthly meetings in 2011. She said the authority never voted on the wording given to the township board.
Madigan said that Carroll told the authority he would work on the wording and they emailed around and never voted.
Carroll said they asked him to put the wording together to reflect what they voted upon.
Jahr asked whether they had this document in front of them and Carroll said they had the “parent” document and now there are changes.
Carroll said to Delaney that he is the reason the changes are before the board.
At the Feb. 7 regular meeting of the township board, the board:
• Approved special land use for Belle Tire to build a commercial garage at 10595 Belleville Road, as recommended by the planning commission. A discussion was held on curb cuts on Belleville Road and cross-easements between the properties on the east side of Belleville Road;
• Approved appointment of Harry Roesch to fill the unexpired vacancy, created by the death of Tom Kryza, on the Board of Review with a term to expire Dec. 31, 2012;
• Approved the first reading of an ordinance amendment, adopting by reference a Wayne County Sewer Use ordinance update to comply with the Clean Water Act;
• Heard Supervisor White read a proclamation on behalf of the board making February Black History Month in Van Buren Township;
• Heard Mary Ban announce that she has been informed by a Washtenaw County engineer that a major overhaul of the Rawsonville/Martz intersection will be taking place which will include left turn lanes and a traffic light. A federal grant needs to be used by Sept. 30, but a 20% match is needed, she said;
• Heard John Herman thank Ban for her work to get traffic lights on Rawsonville. She already has been responsible for traffic signals installed at Willis and Bemis roads;
• Heard Herman announce that the Democrat leadership met the previous Saturday and voted to allow people to vote in both the Feb. 28 election and the caucuses on May 5. He said some people said they are proud of their voting records and wanted to vote on Feb. 28. He said as a Democrat you have to vote in the caucus. He said Sumpter and Belleville already have their caucus locations and there are a couple of options for VBT;
• Heard Madigan asked if the burned barn on Martz Road, with 15 dead roosters and five dead horses, has been ruled out as a crime scene and Public Safety Director Carl McClanahan replied, “There is no evidence of illegal activity.” She asked that a light be installed at the entrance to the township hall parking area since it is so hard to see the entrance at night. She also asked about the amendment to the 2011 budget by the planning/building department and was told it was for grass cutting services;
• Heard Reggie Miller ask about the cancellation of the February meeting of the Public Safety Committee due to the lack of a secretary. McClanahan gave his word there would be a meeting in March. He said they are working through issues to get a union employee to act as recording secretary;
• Heard Scott Brooks report there has been another break-in in Denton and with the recent store robbery, bank robbery (just over the line in Washtenaw County), “I don’t know how you can feel safe.” He urged the board to replace the officers who have left the force;
• Heard Karen LaMothe lecture White about her definition of “legacy” costs;
• Heard AFSCME local union steward Jennifer Price complain about the way the recording secretary vacancy was handled. Then Clerk Leon Wright responded that the board is not there to violate any contract. “We have requested a union secretary, but no one wants to do it,” he said. McClanahan said a grievance on the situation was issued earlier that day and he answered it. He said it is not correct to discuss this in a public forum and Wright agreed; and
• Heard Herman suggest the township and union sit in a locked room together and he’ll mediate and, “Nobody leaves until this is settled.”