Van Buren Township Supervisor Linda Combs had to come from her home to attend the Nov. 10 meeting of the Local Development Finance Authority at the township because otherwise the group wouldn’t have a quorum and could not meet.
Supervisor Combs has taken an eight-week leave of absence from her job to be with her husband who is very ill.
She had to come in to the meeting because tthere were three absences – Shareen Barker, Chuck Covington, and Danylo Dobriansky – and the Wayne County representative, Khalil Rahal, who was just approved by the VBT Board has been withdrawn and is being replaced by Jelani Karomoko, who was present but couldn’t be counted as a member because he has yet to be approved by the township board.
That left five present and Combs made the sixth so the meeting could begin.
Others present were Chairman Michael Dotson, Leonard Armstrong, Chris Hayes, J. Doug Peters, and James Williams.
John Delaney spoke from the audience concerning the membership. He said the LDFA has only 10 members, when its bylaws and state law on LDFAs say there have to be 11 members.
Delaney said the last time they had 11 members on the board was in January 2011. He stressed the LDFA has to have 11 members.
He said the LDFA is working on some very difficult problems with the Visteon bonds and needs people to be here at meetings to tend to that. He pointed out that this is only the second LDFA meeting held this year and several have been cancelled due to lack of quorum.
If they had 11 members it would be easier to come up with a quorum, he said.
Supervisor Combs said, “We’re looking for members.” She said they have it posted on the township web site and she makes announcements at meetings that “we are seeking people for boards and commissions.”
Delaney said he would apply, but he knows he wouldn’t be picked.
LDFA member Peters said anyone willing to serve on the LDFA should submit their name to the supervisor’s office. He said his verbal anyone should be underlined twice, emphasizing the word.
“I’ll do that immediately,” Delaney said.
Combs said he would have to fill out an application.
Chairman Dotson said the selection has to be transparent.
“I will speak before the township board on his behalf,” said Peters, referring to Delaney. “He is here at every meeting and stays informed.”
Earlier in the meeting, while Delaney was speaking, Combs wrote something on a pad of paper and passed it over to the Karomoko to read.
Delaney stopped his remarks and wanted to know what information she was secretly passing on.
Combs said she wrote that she needed duct tape for her mouth because Delaney rubs her the wrong way.
The discussion on meeting quorums came up after Planning and Economic Development Director Ron Akers presented information on meeting teleconferencing to allow members to vote long-distance.
“It appears this is something the LDFA can do,” Akers said.
An attorney’s opinion from the Michigan Township Association (MTA) cited cases and stated “… we believe the safest course to follow is to at least have a quorum physically present at the meeting or hearing. Anything less could cause a court to invalidate the proceedings on the premises that a quorum was not present.”
Chairman Dotson said the teleconferencing procedure has the intent of adding flexibility.
“It’s not our intent not to have a regular quorum here or to get around the Open Meetings Act,” Dotson said.
Combs said the representative of Sovereign Partners from New York City – Danylo Dobriansky — couldn’t be present for that day’s meeting. She said this teleconferencing would not be a standard way of doing business.
Delaney said he has a problem with the MTA because “they always give you what you want to hear.” He said the law calls for a quorum to be here – not at New York City Trump Towers or Nova Scotia.
Delaney said Dobriansky hasn’t been to an LDFA meeting since he was appointed in July. [He did come from New York for a meeting, but it was cancelled due to a lack of quorum.]
“I heard a dog and pony show that he’s going to jump on a plane for a meeting … Why would he pay for a plane ticket if he’s not sure the meeting would be held?” Delaney asked.
Akers was directed to further investigate the process of teleconferences.
In other business at the Nov. 10 meeting, the LDFA:
• Heard Akers ask for a special meeting with a closed-door session to talk about the sale of property. The LDFA has been talking about sale of a small parcel on Ecorse Road for 20 months. Chairman Dotson said the township attorney said since they have an appraisal they need to go into closed session to talk about other sensitive items, but they will go back into open meeting to vote. He said it will be a transparent process. Former Supervisor Paul White said everything the township sells must go out for bids. Delaney has been pushing for progress on the land sale since he said he is interested in buying it;
• Heard Dotson ask for the special meeting to be set soon to give members a legal update – in closed-door session – on the Visteon law suit. Peters said at the last two meetings he has asked for a copy of the law suit to see what each lawyer said and has yet to receive the suit. He said he also wants an update of the estimate when the LDFA goes into shortfall on the bonds. Combs said, as of the recent sale of some bonds to get better interest rates and the LDFA payment of $4.5 million as a part of that transaction, the shortfall date that was April 2018 now is April 2019. Peters said they have to watch the date very closely and the LDFA needs to give options to the township board on a millage or bond;
• Acknowledged the township board’s appointment of Danylo Dobriansky and the re-appointment of Leonard Armstrong to the LDFA board, both for four-year terms. The acknowledgement of the township board’s appointment of Khalil Rahal to the LDFA board was considered moot since his appointment by Wayne County is being changed to someone else;
• Heard Delaney say he wanted more meetings since “this is the most important group in the township.” He said when Arthur Mullen was Director of Planning and Economic Development, the LDFA meetings were cut to six a year. He said four have been cancelled this year. Chairman Dotson said he will look into the issue and, “I’ll take personal responsibility for our schedule”; and
• Approved the next regular meeting as Jan. 12 and at that meeting a modified schedule will be approved. The issue of meeting dates came up when Akers presented a list of 2016 meeting dates that had one meeting in 2014 and three of the meetings in consecutive months, when they are supposed to be every other month. A new schedule will be approved in January.