BATA agrees to mediation in dispute with county

Peter Kobs, The Record-Eagle, Traverse City, Mich.
·2 min read

Apr. 26—TRAVERSE CITY — The Bay Area Transportation Authority announced Thursday that it will enter mediation with Grand Traverse County in an effort to resolve a pending lawsuit.

The mediation session is scheduled for July 8. If the organizations can reach an agreement, the result will be legally binding on both parties, officials said.

"I'm hopeful that our two organizations can come to an accord through the mediation process," said BATA Board Chairman Richard Cochrun. "It's unfortunate that this ongoing dispute continues to be an issue, even after an agreement was made in good faith to ensure better community representation for public transportation in our region."

BATA filed the lawsuit on Jan. 31 to prevent the county board from appointing two sitting commissioners to the BATA board. The bus authority alleges that county committed a breach of its contract by violating the terms of an August 2023 "interlocal agreement."

No monetary damages are requested in the civil case. Leelanau County is listed as a "necessary party defendant" in the case because it signed the interlocal agreement six months ago.

At the root of the dispute is the meaning of one paragraph in the interlocal agreement. The two sides disagree about how many current county commissioners can serve on the bus agency's board.

BATA officials believe the answer is just one, but the county board disagrees and appointed two current commissioners to serve on the BATA board earlier this year.

The outcome of the lawsuit could determine who has a majority of votes on the BATA board in the future — and control of major decisions. For example, a board majority could direct which areas of the two counties to serve with bus routes, how often buses run and how money is spent.

According to a BATA statement released Thursday, the purpose of the mediation is "to avoid further litigation by negotiating a common understanding of the interlocal agreement."

Rob Hentschel, who chairs the Grand Traverse County commission, said he expected the dispute to end up in mediation eventually.

"Going into mediation is the natural course for matters of this kind in our area," Hentschel said on Thursday afternoon.

Founded in 1986, BATA provided 367,000 customer rides in Grand Traverse and Leelanau counties last year, according to the agency's 2023 annual report. About 75% of those riders live in Grand Traverse County. Services fall into three main categories: fixed bus routes in populated areas, fixed bus routes to villages, and the LINK on-demand service that operates similar to Uber or Lyft.

Meanwhile, construction work continues on BATA's $30-million operations center on the corner of Hammond and LaFranier Roads. The new facility is expected to open in late July or August.