MAC joins coalition on housing affordability

MAC recently joined a diverse group of entities to form the Housing Michigan Coalition. The coalition consists of community, business and government organizations that support increasing housing supply and affordability.

The coalition’s primary focus will be to advocate for legislation creating and expanding tools for local governments to support the development or rehabilitation of housing supply that is attainable to more of our citizens.

Legislation is being crafted to:

• Allow municipalities to develop payment in lieu of taxes agreement with developers who are building or rehabbing affordable housing units
• Provide employers who contribute towards the housing of employees that make up to 120 percent of AMI (area median income) an income tax credit up to 50 percent of the total eligible contributions
• Authorize an “attainable housing district” where property owners can apply for partial tax exemptions if they meet certain affordability criteria determined by the local government

A full list of the drafted proposed legislation can be found here.

MAC expects bills to be introduced next week when the Legislature returns to Lansing.

National County Government Month is under way

“Counties Matter” is the theme of the 2021 National County Government Month (NCGM). Since 1991, the National Association of Counties (NACo) has encouraged counties to actively promote the services and programs they offer.  Counties can schedule activities any time during the month. NCGM is an excellent opportunity for your county to highlight effective county programs and raise public awareness and understanding about the various services provided to the community.

MAC is proud to partner with NACo and other county associations around the U.S. to honor public servants in county government and highlight the work they do to make our communities great places to live.

MAC has created a resources page for counties looking for ideas to promote their work. And we will be featuring #NCGM on our Twitter account and our Facebook page throughout April.

Materials Management Plans advance out of House committee

An eight-bill, bipartisan package rewriting the section of the Natural Resources and Environmental Protection Act that governs solid waste planning was passed out of the House Committee on Natural Resources and Outdoor Recreation this week. The committee, chaired by Rep. Gary Howell (R- Lapeer) took testimony on and voted out the same package of bills last session, but the bills died in lame duck. This session, they held two weeks of testimony and education on the issue and finally advanced the package to the House floor for consideration after spring break.

A significant amount of time, dedication and work has gone into this package by all of the stakeholders and the product that they voted out was based on an overall consensus. Not everyone is happy with the entire package, and there are a few issues that still need to be ironed out, but the package is a modernization of the statute which reflects an emphasis on materials management, sustainable disposal of waste and additional environmental protections.

MAC supports HB 4454-4461 in concept with just a few, but significant, reservations. …

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How to navigate questions on in-person vs. hybrid vs. digital

With state health orders reducing restrictions on indoor gatherings and hospitalization rates showing marked improvement in recent weeks, MAC has been fielding questions from members about moving out of purely virtual county board sessions.

First, it’s important to remember two key dates in play about board meetings:

• March 31, 2021 – This is the last day that public boards can hold virtual sessions for “any reason” under provisions of the October and December 2020 changes to the state’s Open Meetings Act (OMA).
• Dec. 31, 2021 – This is the last day that public boards can hold virtual sessions IF they have adopted a State of Emergency (SOE) resolution. A template for such a resolution is on MAC’s COVID Resources Page.

Next, boards must navigate the competing requirements of public access under OMA with the restrictions on gatherings under orders from the Michigan Department of Health and Human Services (no more than 25 persons) and/or local health departments.

Scenario 1: In person meeting with no declared state of emergency after 3/31/21

If your county wants to hold an in-person session and posts it as in-person at a physical address (say, the courthouse), the county may not turn away members of the public who arrive to attend the open meeting. Of course, this could lead to rooms exceeding proper capacity under COVID health orders.

One option is to plan for overflow room(s) with two-way communication for members of the public.  However, absent the authority for a virtual meeting (e.g. state of emergency declaration after 3/31) requiring the public to leave because of the capacity limitations would violate the OMA. 

Scenario 2: In person meeting with a declared state of emergency after 3/31/21

If, however, your county has a state of emergency declaration in place after 3/31 and posts the meeting as “virtual” or “hybrid” then it can proceed with some county personal (including commissioners) in the courthouse while the public is required to participate via two-way remote connections.  This would also afford commissioners the option to participate in the meeting virtually.

That does not mean a posted in-person public meeting may not permit the public to participate via Zoom (absent a state of emergency declaration after 3/31) but permitting/encouraging/requesting virtual participation is different from requiring it or otherwise turning the public away from an in person meeting.

As always, county boards are advised to consult with their corporate counsel to ensure procedures are following all relevant state laws.

MDHHS modifies health order, eases sports attendance rules

The Michigan Department of Health and Human Services (MDHHS) updated its Gatherings and Mask epidemic order, the department announced Friday, allowing up to 20 percent capacity in outdoor stadiums and arenas that establish infection control plans. The update also increases testing for youth ages 13-19 to ensure athletes can safely participate in sports. The changes to the Order go into effect Monday, March 22, and remain in effect through Monday, April 19. 

• March 22 Gatherings Order Infographic  
• Dining Seating Guide
• Key Metrics Infographic    

“More than 3.2 million doses of the safe and effective COVID vaccines have been administered in Michigan, and we are well on our way to vaccinating 70 percent of Michiganders ages 16 and up,” said Dr. Joneigh Khaldun, chief medical executive and chief deputy for health at MDHHS, in the departmental release.

MDHHS had been closely monitoring three metrics for stabilization or declines over the past several weeks. Michigan’s metrics have been increasing for the past few weeks. The presence of more infectious variants, such as the B 1.1.7 variant, threatens our progress in control of the epidemic and MDHHS will be monitoring data closely. In recent days:   

• Positivity rate: has increased for four weeks to 6.2%. This metric is up 177% from the mid-February low but remains below the December high of 19.4%.  
• Statewide case rate: This metric has increase over the past four weeks to 172.9 cases per million. The rate is up 77% from the low in mid-February but remains below peak of 737.8 cases per million on Saturday, Nov 14. 
• Hospital capacity dedicated to COVID-19 is now at 4.9%. This metric peaked at 19.6% on Tuesday, Dec. 4 and is now up 25% from an end of February low. 

And, to ensure consistency with recently issued CDC guidance, fully vaccinated individuals may now participate in residential gatherings with other fully vaccinated individuals without wearing a mask. 

The latest information is available at Michigan.gov/Coronavirus and CDC.gov/Coronavirus. To learn more about the COVID-19 vaccine, visit Michigan.gov/COVIDVaccine.  

Legislature adopts $2.3B COVID aid plan; governor’s response unclear

The Senate and House agreed this week on a plan to spend $2.3 billion to support businesses and help cover their costs incurred over the last year, including a property tax relief program. Additionally, the bill that now moves to Gov. Gretchen Whitmer supports an increase direct care worker hazard pay, vaccine distribution and continued COVID testing funds.

In fact, the direct care worker hazard pay adjustment would increase from the current $2 per hour to $2.25 per hour beginning March 1 and running through Sept. 30, 2021.

Another $347.3 million for epidemiology and laboratory capacity contingent funds cannot be spent or distributed unless the governor also signs Senate Bill 1, which limits the effectiveness of an emergency public health order issued by the director of the Department of Health and Human Services (DHHS)  to 28 days, unless the Legislature approves an extension.

And the Legislature approved spending of $2 billion of federal education money under House Bill 4048. However, $800 million of that mount is tied to House Bill 4049, which passed 60-50 in the House. That bill stipulates local health departments could close schools for in-person instruction or halt school sports based on specific criteria in the bill. The bill passed without support from the state or local health departments.

It is unclear what the governor’s options are with the language in the legislation that ties funding to limits on the state’s pandemic powers. Gov. Whitmer has also been clear that she wants the full $5 billion of federal money from 2020 allocated, a result that is not reflected in the bills heading to her desk.