A2Council Meeting Summaries

Tag: Best Value Purchasing

Ann Arbor City Council: January 9, 2023

This Ann Arbor City Council meeting was held in person at City Hall. Members of the public can participate in public hearings and public comment either in person or via phone.

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Ann Arbor City Council Meeting Summary

APPROVED: Brian D. Steglitz, P.E., F.ASCE, is appointed the City of Ann Arbor Public Services Area Administrator to oversee five units: engineering, public works, systems planning, water recovery and water resources. (Legistar)

APPROVED: Amendments to the “Best Value” purchasing ordinance. The original ordinance was approved in January 2022, in response to a City charter amendment approved by voters in November 2021. Before amendments to the charter, the City contracted with the “lowest responsible bidder.” (Legistar)

  • The following parts of the ordinance were amended:
    • The Best Value Purchasing (BVP) policy is not accepted by MDOT and other partnering agencies that help fund City projects. Amendments will give the City Administrator complete discretion to exempt contracts from BVP policy where third-party funding is a factor. Decisions will be made “at the sole determination of the City Administrator.”
    • Current BVP requirements are impossible to apply to simpler contracts, where only smaller firms are available to do the work but only larger firms can meet requirements such as apprenticeship programs. Amendments will apply Best Value Procurement policies only to contracts exceeding $50,000.
    • Current BVP policy refers to (and requires) a Michigan OSHA safety program certification that does not exist. Amendments will remove this reference.
    • Current BVP policy includes an evaluation of employment ratios for categories of employee – masters, journey persons, and apprentices – that are not recognized by the state of Michigan. Employment ratios for these categories are federal requirements through the Department of Labor (DOL). There is no published standard for ratios of these employees; they are determined by the DOL on a case by case basis. Amendments will remove the “completely redundant” criterion.
    • Current BVP policy does not require disclosure of non-craft employees or contract labor. Amendments will add disclosure requirements and preference to those companies that employ fewer non-craft employees.
  • The initial “Best Value” ordinance was approved by City Council at the January 3, 2022 meeting: https://a2council.com/ann-arbor-city-council-january-3-2022

APPROVED: Adoption of the 2023-2027 Parks and Recreation Open Space (PROS) Plan (Legistar)

Two Greenbelt conservation easement purchases were approved:

APPROVED: A 0.394 acre property at 2118 Victoria Circle will be annexed into the City. Council action on proposed R1A zoning will be scheduled after the annexation process is complete. (Legistar)

APPROVED: Two parcels adding up to 5.897 acres at 2520 & 2540 Pontiac Trail will be annexed into the City as part of “The Village of Ann Arbor” development site plan: 164 townhomes and 320 stacked multiple-family units. Planned use is consistent with the adjacent zoning, land uses, and master plan, Proposed zoning of R4A will be voted on by Council at a future meeting. (Legistar)

A2Council Update Video

A2ELNEL Voting Chart

Ann Arbor City Council Voting Chart for January 9, 2023 Part 1
Ann Arbor City Council Voting Chart for January 9, 2023 Part 2

Ann Arbor City Council: December 19, 2022

This Ann Arbor City Council meeting was held in person at City Hall. Members of the public can participate in public hearings and public comment either in person or via phone.

CM Akmon was absent
CM Cornell was absent
CM Disch was absent
CM Song was absent

Due to absences, items requiring 8 votes were removed from the agenda

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Ann Arbor City Council Meeting Summary

APPROVED: A collective bargaining agreement between the City and the Ann Arbor Police Officers Association. (Legistar)

  • In addition to adjusting pay scale, wages, benefits, pension contributions, and vehicle replacement timelines, the new agreement includes the following changes:
    • When imposing discipline, a “look back” period has been extended from two years to four years. The Chief may consider written reprimands within four years and any suspensions (without any time limit).
    • The Chief is empowered to waive any progressive discipline in cases of major infractions. A prior list of major infractions – excessive use of force, mishandling of a weapon, and mishandling of evidence – has been expanded to include dishonesty, cowardice, theft, insubordination, criminal conduct, harassment, and discrimination.
    • Mutually agreed on mediation will be permitted as one more option for discussion of grievances in a neutral setting. This can happen before a formal request for potentially costly/risky arbitration.
    • An on-call system is established to provide more consistent around-the-clock coverage.
  • https://www.mlive.com/news/ann-arbor/2022/12/ann-arbor-police-officers-more-accountable-for-misconduct-under-new-contract.html

APPROVED: A City agreement with Recycle Ann Arbor is amended to extend the current Municipal Resource Recovery Services Contract for an additional two-month period (January 1, 2023, to February 28, 2023) to give time for negotiations of a longer extension. Estimated costs of $207,773 include an 8.5% increase to the current per cart tip fee ($11.07/cart tip). The new per cart tip fee will be $12.01/cart tip. (Legistar)

APPROVED (FIRST READING): Amendments to the City ordinance establishing “Best Value” procurement (BVP) policies for City contracts. The original ordinance was approved in January 2022, in response to a successful ballot initiative that amended the City charter. A “Best Value” policy for awarding City contracts has replaced the previous policy of “Lowest responsible Bidder.” (Legistar)

  • The Best Value Procurement (BVP) ordinance is amended to address problems identified:
    • The BVP policy is not accepted by MDOT and other partnering agencies that help fund City projects. MDOT will agree to pay a percentage of project cost based on the price of the Lowest Responsible Bidder. Amendments give the City Administrator complete discretion to exempt contracts from BVP policy where third-party funding is a factor. Decisions will be made “at the sole determination of the City Administrator.”
    • Previous BVP requirements were impossible to apply to simpler contracts, where only smaller firms are available to do the work but only larger firms can meet requirements such as apprenticeship programs. Amendments will apply Best Value Procurement policies only to contracts exceeding $50,000.
    • Previous BVP policy referred to (and required) a Michigan OSHA safety program certification that did not exist. Amendments remove this reference.
    • Previous BVP policy included an evaluation of employment ratios for categories of employee – masters, journey persons, and apprentices – that were not recognized by the state of Michigan. Employment ratios for these categories are federal requirements through the Department of Labor (DOL). There is no published standard for ratios of these employees; they are determined by the DOL on a case by case basis. Amendments remove the “completely redundant” criterion.
    • Previous BVP policy did not require disclosure of non-craft employees or contract labor. Amendments will add disclosure requirements and preference to those companies that employ fewer non-craft employees.
    • From the resolution: “Staff worked closely with Councilmembers Eyer and Councilmember Radina to finalize these amendments and bring them forward to City Council.”

APPROVED: The Council Policy Agenda committee comprised of Mayor Taylor, Council Members Eyer, Harrison, Radina, Song, and Watson updated a list of state-level policies and legislative goals approved in July 2022. This Council Legislative and Policy Agenda is typically presented as a plain document, listing state policy preferences and priorities to be approved by the whole of Council. This agenda is formatted as a 37 page booklet with graphics and a table of contents, to be shared directly with the whole of the Michigan State Legislature. It includes an introductory greeting from Mayor Taylor. (Legistar)

  • Highlights of Legislative Proposals:
    • Local control and community self-determination related to specific policy issues
    • Community Choice Aggregation for alternative energy
    • Energy efficiency requirements in state building code
    • Legalization of Community Solar and support for on-site solar
    • Polluter Pay laws
    • Regulation of plastic containers and bags
    • Support for lower minimum speed limits
    • Local ownership of state trunklines
    • Incentivizing by-right duplexes, triplexes and quadplexes in all residential districts
    • Repealing ban on rent control
    • Codify Elliott-Larsen Civil Rights Act
    • Repeal of Right to Work
    • Infrastructure priorities are listed in two groups – “Mega Projects” and “Priority Projects”
  • “Mega Projects” Identified
    • Water Treatment Plant Replacement ($108.1 Million)
    • New Train Station ($100+ Million)
    • The Treeline Trail ($110 Million)
  • “Priority Projects” Identified
    • Wheeler Center Solar Park ($15 million)
    • Net-Zero Fire Stations 3 and 4 ($8.3 Million each)
    • Vision Zero Project Implementation ($30 million)
    • Sustainable Energy Utility Startup (no cost estimate given)
    • Road Paving (no cost estimate given)
    • From the description of Road Paving – “The City of Ann Arbor has road resurfacing needs across the community. Any funding amount from the state to assist in these needs would be appreciated and well used.”
  • https://www.mlive.com/news/ann-arbor/2022/12/10-ways-michigans-shift-in-power-could-advance-ann-arbors-agenda.html

A2Council Update Video

A2ELNEL Voting Chart

Ann Arbor City Council Voting Chart for December 19, 2022 Part 1
Ann Arbor City Council Voting Chart for December 19, 2022 Part 2
Ann Arbor City Council Voting Chart for December 19, 2022 Part 3

Ann Arbor City Council: January 3, 2022

This was the first Ann Arbor City Council meeting held in person at City Hall since March 2020. Members of the public can participate in public hearings and public comment either in person or via phone.

CM Hayner was absent
CM Song was absent

Legistar
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Ann Arbor City Council Meeting Summary

APPROVED: The Unified Development Code (UDC) is amended to change the City process for revision and approval of site plans. Site plans not associated to rezoning petitions will now be reviewed by the City Planning Commission, rather than City Council. Site plans will no longer be required for construction of up to four residential units (current threshold is two units). Up to six residential units may be approved by the Planning Manager, without the review of Planning Commission. (Legistar)

APPROVED: City ordinances are amended to reflect changes in the City’s procedures for contracting and purchases. Council approval is required only for contracts and purchases over $75,000; this is a change from the previous threshold of $25,000. A set of criteria aimed at achieving “best value” will be used to make purchases and enter into contracts over $75,000; this is a change from the previous standard of “lowest responsible bidder.” Additionally, City Council is empowered to sell “surplus” property by the same standard. From the amended ordinance: “City Council retains the right to dispose of City real and personal property in a manner that provides the best value to the City, with or without competitive bids, in City Council’s determination.” All of these changes are consistent with ballot proposals approved by voters in November 2021. (Legistar)

PUBLIC HEARING: City Council held a public hearing (without any vote) regarding the establishment of an industrial development district comprised of 16.9 acres of land at 3874, 3990, 3886, 3994, 3950, 3958 Research Park Drive, owned by Sartorius BioAnalytical Instruments, Inc. Establishment of this district would allow Sartorius to apply for industrial facilities exemption certificates, which have the effect of creating certain tax abatements. State law allows up to 50% property tax exemption for up to 12 years. (Legistar)

APPROVED: An employment contract for retiring City Attorney Stephen Postema will permit him to act as a legal advisor to the city through Nov 30, 2022, for up to ten hours per week. (Legistar)

  • At the Dec 20, 2021 meeting, Council approved an employment contract with Atleen Kaur, who will serve as the Ann Arbor City Attorney starting April 11, 2022. (Legistar)

APPROVED: City Council waived attorney-client privilege on a followup investigation report to another report dated June 29, 2021, regarding former City Administrator Tom Crawford, “for the sake of transparency.” (Legistar)

A2ELNEL Voting Chart

Ann Arbor City Council Voting Chart for January 3, 2022 Part 1
Ann Arbor City Council Voting Chart for January 3, 2022 Part 2

Ann Arbor City Council: November 1, 2021

This was the thirty ninth regular Ann Arbor City Council meeting since Governor Whitmer declared a state of emergency and stay-at-home order due to the COVID-19 pandemic. This meeting was held online via the Zoom application. Michigan Open Meetings Act changes effective April 1, 2021 require all Council Members to state their location.

Legistar
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Voting Chart

Ann Arbor City Council Meeting Summary

APPROVED: A new Ward map adjusts boundaries to equalize the five local City wards, in response to the 2020 Census. As stated in the resolution: “The proposed changes were made with the goal of minimizing impacts; however, all five wards have some modifications, with Wards Four and Five moving more into the downtown area.” (Legistar)

APPROVED: Attorney Atleen Kaur will be offered the position of Ann Arbor City Attorney to begin at a time in 2022 to be mutually determined by her and the City Council. An employment agreement will be negotiated by the Mayor and brought back to Council for approval at the December 6, 2021 meeting. (Legistar)

APPROVED: City Council formally expresses opposition to the Secure MI Vote initiative, and any similar efforts to limit ballot access or restrict voting rights.  Council encourages residents to decline to sign the Secure MI Vote petition and directs that this resolution be sent to the Majority and Minority Leaders of the Michigan Senate, the Speaker of the Michigan House of Representatives, the Minority Leader of the Michigan House of Representatives, and all elected officials representing Ann Arbor in the Michigan House and Senate. (Legistar)

On the Tuesday after this meeting (November 2, 2021), a city referendum election approved four ballot measures:

A2ELNEL Voting Chart

Ann Arbor City Council Voting Chart for November 1, 2021

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My name is Elizabeth Nelson, and I believe that your local government should be accessible and transparent. Since 2018 , I have sent out a newsletter before every Council meeting with my summary of agenda items coming before City Council, plus news and events of interest to Ann Arbor residents.

After each Council meeting, I create and post voting charts so that you can easily see how Council voted, and update this website with meeting summaries that include links to the City’s Legistar website, CTN’s YouTube video, and articles published on MLive.

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