Stories indexed with the term ‘Act 88 millage’

County Takes Action on Budget, Tax Levies

Washtenaw County board of commissioners meeting (Aug. 6, 2014): County commissioners took initial votes to levy two taxes that would generate revenues for economic development, agricultural projects, and support of indigent veterans.

Washtenaw County board of commissioners, The Ann Arbor Chronicle

Chris Haslinger (second from right), director of training for the United Association (UA) of plumbers and pipefitters, received a proclamation from the county board of commissioners at the board’s Aug. 6 meeting. They were gathering for a photo to mark the event. From left: Conan Smith, Andy LaBarre, Alicia Ping, Yousef Rabhi, Chris Haslinger, and Verna McDaniel, the county administrator. (Photos by the writer.)

The county has determined that it’s authorized to collect up to 1/10th of a mill for support of indigent veterans, without seeking voter approval. That’s because the state legislation that enables the county to levy this type of tax – the Veterans Relief Fund Act, Public Act 214 of 1899 – predates the state’s Headlee Amendment. The county first began levying this millage in 2008, and collects the tax in December. The current proposal is to levy 1/27th of a mill in December 2014, which is expected to raise about $540,887 in revenues for use in 2015.

The county’s position is that Act 88 can also be levied without voter approval to fund economic development and agricultural activities. This year, the proposal is to levy 0.07 mills in December 2014 – the same rate that was levied in 2013. It’s expected to raise an estimated $1,022,276 in property tax revenues.

Final action on these tax levies is expected at the board’s Sept. 3 meeting.

Also related to Act 88, the board approved allocations of $87,760 in Act 88 revenues that were collected in 2013, to support six projects. Four of the projects are administrated by Ypsilanti-based Growing Hope, with the remaining two projects initiated by the Michigan State University Product Center.

During the Aug. 6 meeting, commissioners approved amendments to both the Act 88 projects resolution and the resolution to levy the tax this year. The amendments directed the county’s corporation counsel to provide a written opinion about how Act 88 revenues can lawfully be used, and how the tax can be lawfully levied without a vote of the people. The amendments were brought forward by Dan Smith (R-District 2).

In other action, the board received a second-quarter budget update, with projections showing a general fund surplus of $211,920 for the year. The board also made mid-year budget adjustments, which included allocating a $3.9 million surplus from 2013 into unearmarked reserves.

Commissioners approved a new policy to guide decisions on tax increment finance (TIF) proposals, and supported revised rules and guidelines from the water resources commissioner. Those revisions relate to procedures and design criteria for stormwater management systems.

A proclamation made during the Aug. 6 meeting honored Herb Ellis Sr., the first black man to be elected to the Washtenaw County board of commissioners. Ellis was elected in 1968 and served until 1982, representing Ann Arbor. During that time he also was the first black chair of the county board. He passed away on July 10, 2014 at the age of 98.

Another resolution recognized the contributions of United Association (UA), a union of plumbers, pipefitters, sprinkler fitters, welders, and heating, ventilation, air conditioning and refrigeration (HVACR) technicians. They’re in this area from Aug. 9-15 for their 61st annual training program, and have announced a new 15-year agreement to continue the program at the Washtenaw Community College.

The Aug. 6 meeting was held one day after the Aug. 5 primary elections. At the start of the meeting, board chair Yousef Rabhi congratulated all primary candidates, and said he looked forward to working with Ruth Ann Jamnick, the winner of the District 5 Democratic primary. He quickly added “pending the general election, but I think…” – a comment that drew laughs. District 5 – which covers August Township and parts of Ypsilanti Township – is heavily Democratic. Jamnick, who prevailed in the four-way Democratic primary, will face Republican Timothy King in the Nov. 4 general election. District 5 was the only race that was contested for the county board, with incumbent Rolland Sizemore Jr. not seeking re-election. Incumbents in all other districts of the nine-member board were unchallenged in the primary.

At the end of the meeting, the board voted to enter into a closed executive session for the purpose of reviewing attorney-client privileged communication. It is one of the exemptions allowed under the Michigan Open Meetings Act.

After about 30 minutes, three commissioners returned to the boardroom – Dan Smith (R-District 2), Alicia Ping (R-District 3) and Conan Smith (D-District 9). They indicated to The Chronicle that they thought the discussion in the closed session had strayed away from the limits imposed by the OMA, and they had left the session because of that. They did not state what the nature of the discussion had been, nor the topic of the session.

Soon after, the remainder of the board emerged from the closed session, and the meeting was adjourned. [Full Story]

Grants Approved for Act 88 Tax Revenues

At its Aug. 6, 2014 meeting, the Washtenaw County board of commissioners made allocations to six projects, using funds from an Act 88 millage that the county levies each year. In a separate vote, commissioners took an initial step to levy that tax, with final approval expected in September.

The county’s position is that Act 88 can be levied without voter approval to fund economic development and agricultural activities. This year, the proposal is to levy 0.07 mills in December 2014 – the same rate that was levied in 2013. It’s expected to raise an estimated $1,022,276 in property tax revenues.

In previous years, the resolution setting this millage has outlined how the revenues would be allocated. The largest allocations have gone to … [Full Story]

County Board Debates Taxes, State Laws

Washtenaw County board of commissioners meeting (Oct. 16, 2013): A packed agenda and extensive public commentary resulted in a meeting lasting over six hours, with the majority of discussion focused on three issues: (1) the state’s Stand Your Ground law; (2) an increase to the Act 88 tax, and questions about the legality of such a levy; and (3) the county’s participation in a Pittsfield Township corridor improvement authority for State Street.

Stand Your Ground, Washtenaw County board of commissioners, The Ann Arbor Chronicle

A supporter of Michigan’s Stand Your Ground law brought his gun to the Oct. 16 meeting of the Washtenaw County board of commissioners. (Photos by the writer.)

About three dozen people spoke to the board about the Stand Your Ground resolution, which urged the state legislature to repeal that law. Although there were speakers on both sides of the issue, more than 20 voiced opposition to the resolution, including several who attended the meeting wearing sidearms.

It was after midnight when the board took a 5-to-4 vote to pass the resolution, over dissent from Kent Martinez-Kratz (D-District 1), Dan Smith (R-District 2), Alicia Ping (R-District 3), and Rolland Sizemore Jr. (D-District 5). In support of the resolution were Felicia Brabec (D-District 4), Ronnie Peterson (D-District 6), Andy LaBarre (D-District 7), Yousef Rabhi (D-District 8) and Conan Smith (D-District 9).

The following week, David Raaflaub of Ypsilanti – a former candidate for county commissioner – filed a complaint against the board in the 22nd Circuit Court. The complaint asks the court to determine two issues: (1) what authority the board has that enables it to “draw conclusions of law,” and (2) what authority the board has to represent the county in seeking changes to state law. Dan Smith has indicated that he would bring forward a resolution to rescind the board’s Oct. 16 action, if it’s determined that the county will incur additional costs – such as fees for outside legal counsel – to defend the lawsuit.

Another major debate on Oct. 16 related to an increase in the Act 88 tax levy, which funds economic development and agriculture – including activities of Ann Arbor SPARK. The board ultimately gave initial approval to increase the tax from 0.06 mills to 0.07 mills, following a long discussion and a failed attempt by Conan Smith to increase the tax even more, to 0.09 mills. His proposal for a draft policy to guide the allocation of Act 88 funds did win support from the majority of commissioners, however.

The county’s position is that it’s authorized to collect the Act 88 millage – as well as a levy for veterans relief services – without seeking voter approval. That’s because the state legislation that enables the county to levy these taxes predates Michigan’s Headlee Amendment. During deliberations, Dan Smith raised questions about whether levying this kind of tax is constitutional. He also questions whether the language of the Act 88 statute allows the kind of general interpretation the county is using to define eligible uses of funds generated by the levy.

Dan Smith also proposed amendments for both the Act 88 and veterans relief millages in the future exempt them from capture by tax increment financing (TIF) districts or authorities in the county. Those exemptions, which were approved by the board, would apply to tax capture from a proposed State Street corridor improvement authority (CIA) in Pittsfield Township. After about 90 minutes of debate, the board gave initial approval to participate in that project, with Dan Smith casting the only dissenting vote. He had unsuccessfully proposed postponement, then floated an opt-out resolution that did not secure enough votes to pass. The board is expected to take a final vote on participating in the CIA at its Nov. 6 meeting.

In other action, the board (1) gave initial approval to a proposed brownfield redevelopment plan by the Chelsea Milling Co., makers of Jiffy Mix; (2) appointed Barb Fuller to the county road commission; (3) took an initial vote to extend the coordinated funding approach, which supports local nonprofits; and (4) authorized the annual apportionment report, with details of the 2013 taxable valuations for property in the county.

And in a vote taken after midnight, the board rejected a proposal that would have given notice to eliminate a lump-sum budgeting approach for Washtenaw County’s court system. That vote was 3-6, with support from only Dan Smith (R-District 2), Conan Smith (D-District 9) and Kent Martinez-Kratz (D-District 1). [Full Story]

Action Taken on 2 County Tax Hikes

At their Oct. 16, 2013 meeting, Washtenaw County commissioners took action to increase two taxes for the upcoming 2014 budget – one for veterans relief services, and another for agricultural and economic development.

Final unanimous approval to levy a 0.0333 mill tax for indigent veterans services was given on Oct. 16, following an initial vote on Oct. 2. The new rate of 1/30th of a mill would be levied in December 2013 to fund services in 2014. It’s expected to generate $463,160 in revenues. The current rate, approved by the board last year and levied in December 2012, is 0.0286 mills – or 1/35th of a mill. It generated $390,340 this year.

According to a staff memo, the additional revenue is needed … [Full Story]

County Board Debates, OKs Act 88 Tax Hike

Washtenaw County board of commissioners meeting (Oct. 3, 2012): A sometimes heated debate over whether to raise a tax for economic development resulted in narrow approval by the board. It was a 6-5 vote on the increase to 0.06 mills, up from 0.05 mills. As an example, the 20% hike means that taxes for economic development will increase from $5 to $6 for each $100,000 of a property’s taxable value. The issue had been previously discussed at the board’s Sept. 19 meeting, but postponed until Oct. 3.

Janis Bobrin

Janis Bobrin, Washtenaw County’s water resources commissioner, attended the Oct. 3, 2012 county board meeting to present environmental excellence awards. She received a standing ovation from commissioners. She is not running for re-election, and will leave office later this year after more than two decades in that position. (Photos by the writer.)

The board is authorized to levy the tax under Act 88 of 1913 – and it does not require a voter referendum. Voting against the increase were commissioners Ronnie Peterson, Alicia Ping, Wes Prater, Dan Smith and Rob Turner. They cited several objections, including the timing of a tax increase while many taxpayers are struggling because of the economy, and the unlikelihood that the tax will be lowered in the future, when economic conditions improve. Peterson also felt that the Act 88 funds aren’t being used for their original purpose – to leverage matching dollars for economic development – and instead are being diverted to support county operations.” It was never meant to be a piggy bank for county government,” he said.

The final vote to levy the increased tax passed 8-3, with Ronnie Peterson, Wes Prater and Dan Smith voting against it. Alicia Ping has in the past also voted against the Act 88 tax, but supported it this time – though she voted against the amendment to increase the rate. She hoped commissioners would consider reallocating some funding for the western side of the county, pointing out that there are economic development needs there too, including a lack of decent Internet access.

Far less contentious was an initial vote to move control over administering the county’s 5% accommodation tax from the county treasurer’s office to the finance director. Two members of the Washtenaw County Hotel/Motel Association spoke in support of changing the accommodation ordinance in this way. The vote by commissioners was unanimous, though Dan Smith noted that this is the second time this year that the ordinance has been revised, and he hoped it would be the last. He also expressed some concern that all hoteliers aren’t being treated equitably. A final vote and public hearing on the change is set for Oct. 17.

Commissioners also approved a set of recommendations to guide county administrator Verna McDaniel in her negotiations with the Humane Society of Huron Valley for animal control services. The current contract with HSHV ends on Dec. 31. An accompanying report from a policy task force was discussed only briefly – in part because the final version had been sent to commissioners only that day and there had been little time to digest it, and in part because some commissioners wanted to adjourn so that they could watch the first presidential debate, which began at 9 p.m. The board plans to continue discussion of the issue at a future date.

During the meeting, board chair Conan Smith told commissioners that a caucus would be held immediately prior to the next board meeting – on Nov. 7, at 5:30 p.m. – to discuss appointments to various county boards, commissions and committees. Such appointment caucuses are open to the public. [A listing of all vacancies is found on this website. An online application to apply for an opening can be found here.] The news prompted Ronnie Peterson to criticize the process, which he felt was not sufficiently transparent. [Full Story]

County Tax Hike for Economic Development?

Washtenaw County board of commissioners meeting (Sept. 5, 2012): Board chair Conan Smith has floated a proposal to raise taxes that support economic development and agricultural programs, and suggested revising the way those revenues are administered.

The proposal came in the context of an initial board vote to levy an annual tax of 0.05 mills, unchanged from the current rate. The Michigan statute authorizing this millage (Act 88 of 1913) predates the state’s Headlee Amendment, so no voter approval is required. The board can levy the tax directly.

Ken Schrader, PC technician with Washtenaw County

Ken Schrader, a PC technician with Washtenaw County, explained to the county commissioners that recently installed new microphones are more sensitive than the older ones. He jokingly warned them that they should be careful what they say now, because “you can’t take anything back.” Later in the meeting, the county’s information technology department was presented with an award from the Center for Digital Government.

The current rate is expected to bring in about $683,095 in 2013, and is allocated to a variety of organizations, including the economic development agency Ann Arbor SPARK ($200,000) and its Ypsilanti office SPARK East ($50,000). Smith and county administrator Verna McDaniel serve on SPARK’s executive committee.

Smith, a Democrat from Ann Arbor, suggested that by raising the rate to 0.06 mills, property owners would see only a slight increase in their annual taxes. For the average taxpayer, he estimated it would increase from $4.25 to $5.10 per year, while the amount raised countywide would increase about 20% to $838,577. He also proposed that the office of community and economic development – a joint county/city of Ann Arbor department led by Mary Jo Callan – should be given the authority to allocate the funding, rather than having the county board earmark amounts for specific organizations.

No formal amendment was made, but Smith circulated a three-page memo the following night outlining his proposal. [.pdf of Smith's Act 88 memo] It’s likely the board will take up this proposal as an amendment before a final vote at its Sept. 19 meeting. Initial approval was given on Sept. 5 for the current rate of 0.05 mills on a 7-to-3 vote, with dissent from Alicia Ping, Wes Prater, and Dan Smith. Ronnie Peterson was absent.

Another pre-Headlee tax – for support of indigent veterans – also got initial approval from the board, at a slightly increased rate. The initial approval increases that tax from 0.025 mills to 0.0286 mills. Staff of the county’s department of veterans affairs say the increase is needed because of rising claims and services from veterans due to a struggling economy, an anticipated increase in the number of returning soldiers, and a drop in property values. The millage is expected to raise $390,340 in revenues during 2013.

In other action related to tax revenue, commissioners gave initial approval to an ordinance governing the county’s natural areas preservation program. The change would remove the current restriction that only 7% of millage funds can be used for management or stewardship. The intent is to provide more flexibility in managing the funds, allowing the county to build a reserve for long-term stewardship. It’s viewed as an important goal, in the event that the NAPP millage is eliminated in the future. Yousef Rabhi, a Democrat who represents District 11 in Ann Arbor, proposed an amendment that would set a minimum of 25% to be spent on stewardship. The amendment failed on a 1-9 vote.

In an item viewed largely as a formality, county commissioners “ratified” the articles of incorporation for a new countywide transit authority. The document had been slightly revised from what the board had previously approved on Aug. 1, 2012 – on a 6-4 vote. This time, the vote was 6-3, with dissent from Alicia Ping, Wes Prater and Dan Smith. Rolland Sizemore Jr. and Ronnie Peterson were absent. Rob Turner, who had previously voted against the articles of incorporation, supported the item on Sept. 5.

Also approved was a resolution to support a policy change in the city of Ann Arbor related to affordable housing. The item was added to the Sept. 5 agenda during the meeting by Democrat Leah Gunn of Ann Arbor, and was not discussed by commissioners at the meeting. The resolution “encourages the Ann Arbor City Council to direct proceeds from the sale of the city-owned surface parking lots in the downtown to the city’s Housing Trust Fund, to be used to support sustainable, affordable housing.” [Earlier in the day, the Ann Arbor Downtown Development Authority board had passed a similar resolution of support. Gunn is chair of the DDA.] Dan Smith abstained from the vote. The following night, at a board working session, Alicia Ping announced that she had intended to vote against it, but had cited the wrong agenda number in casting her no vote.

Other action at the Sept. 5 meeting included initial approval of the county’s public health budget, which projects a 3.5 net increase in jobs. Voting against the budget were Alicia Ping and Dan Smith, who cautioned against adding new jobs as the county faces a deficit in 2013. A final vote is expected at the board’s Sept. 19 meeting.

Seth Best, a former resident of Camp Take Notice, addressed the board during public commentary about the need to tackle the root causes of homelessness. The homeless encampment had been evicted this summer from its most recent site in Scio Township.

And highlighting a letter that the county had recently received, commissioner Felicia Brabec raised concerns about the intent of Paxton Resources LLC to drill an exploratory oil and gas well in Saline Township. The board will likely revisit the issue of hydraulic fracturing, or “fracking,” at a future working session. Yousef Rabhi, who chairs those meetings, suggested wrapping it into a session he plans regarding the Pall/Gelman Sciences 1,4 dioxane plume. He sees a tie-in to the issue of industrial environmental contamination. [Full Story]

Proposed County Budget Brings Cuts

Washtenaw County board of commissioners meeting (Sept. 21, 2011): County administrator Verna McDaniel and the county’s finance staff formally presented the two-year general fund budget on Sept. 21, showing how the administration proposes to balance the 2012-2013 budget with a mix of labor concessions, fee increases and funding cuts. Previously, an estimated $17.5 million deficit had been projected for that two-year period.

Ronnie Peterson and supporters of Washtenaw HeadStart program

County commissioner Ronnie Peterson, right, talks with supporters of the Washtenaw Head Start program. (Photos by the writer.)

Although the budget calls for a net loss of 32.22 full-time-equivalent jobs, most of those positions are either already vacant or will be handled through retirements, McDaniel said. One significant retirement was recognized during the meeting: Donna Sabourin, executive director of the county’s community support & treatment services (CSTS) department, who’s worked for the county for 20 years. Commissioners awarded her a resolution of appreciation, and also gave final approval to the CSTS budget for the coming year.

But the meeting’s main focus was the proposed general fund budget, which was discussed at length and will be the topic of most board meetings and working sessions at least through November. The county budget is based on a calendar year, from Jan. 1 through Dec. 31, and is developed in two-year cycles.

Among the recommended cuts is a reduction of $1.2 million to local nonprofits and other agencies. For example, funding for the Humane Society of Huron Valley’s contract is proposed to drop from $500,000 in 2011 to $250,000 in 2012 and 2013. The Delonis Center homeless shelter’s funding could decline from $160,000 to $25,000.

The budget also calls for the county to relinquish its status as the federal “grantee” for the Head Start program in Washtenaw County, which would trigger a process to find a replacement entity. The county has administered the program for 46 years. About a dozen Head Start supporters showed up to Wednesday’s meeting, and urged commissioners to continue support for the program.

Though commissioners had several questions and comments about the 2012-2013 budget, several of them expressed even more concern for what’s on the horizon: Projected deficits of $11.6 million in 2014 and $14.7 million in 2015.

Board chair Conan Smith characterized the 2012-2013 budget as a recommendation that’s “ripe for public discussion at this point.” Everything is still on the table, he said. The board is expected to take up the topic again at its Oct. 5 meeting, and a public hearing on the budget is set for Oct. 19. The target date for approving the budget is Nov. 16.

There was no vote taken on the 2012-2013 budget directly, but the board took action on several other budget-related items. Among them, commissioners gave final approval to levy two taxes: for (1) services for indigent veterans; and (2) economic development and agriculture.

The board also passed a resolution in support of developing a regional transportation authority, after a failed attempt to postpone the vote. The resolution is a prelude to a Sept. 30 summit with Detroit and the counties of Wayne, Oakland, Macomb and St. Clair, which will focus on region transit issues.

Two issues of note did not come before the board as expected. A proposed reorganization of county administration was pulled from the agenda at the start of the meeting. It would have replaced the deputy administrator position by giving additional responsibilities to four managers, paying them annual stipends of $15,000 each. The stipends were a sticking point – during public commentary, AFSCME Local 2733 president Caryette Fenner objected to the timing of that pay, in light of recent labor concessions made by employees.

And not on the agenda was an anticipated proposal by the Washtenaw County Road Commission, which was discussed by the board at its Sept. 8 working session. The road commission is presenting a request for a countywide millage to help pay for road repair. It’s a tax that the county board could impose without seeking voter approval. The plan was subsequently submitted to the county clerk on Friday, and could be addressed at the board’s Oct. 5 meeting. [Full Story]