MAC has joined with six other organizations representing local governments, environmental causes and schools to urge defeat of a bill that guts local oversight over the location and operations of sand and gravel mining in Michigan.

The Senate Transportation and Infrastructure Committee is holding its second hearing today (Jan. 29) on Senate Bill 431, which would allow sand and gravel pits to operate essentially whenever and wherever they would like. The unnecessary and overreaching bill, sponsored by Sen. Adam Hollier (D-Detroit), would eliminate zoning authority and oversight capability from local governments—regardless of where the operation is located or its impact to nearby residents, schools, businesses, hospitals or others.

“The bill has two fundamental problems,” explained Deena Bosworth, director of governmental affairs with the Michigan Association of Counties. “It engages in pre-emption of local control, so that’s a ‘no’ right there. Also, it’s built on a dubious market study purporting to show a looming gravel shortage. We don’t know where all the different types of aggregate are in the state and where they would be needed. You don’t usurp local authority if you don’t even know there is a crisis.”

Bosworth’s remarks were echoed by leaders of other opposition groups.

“Senate Bill 431 is a wholly unwarranted piece of legislation that eliminates local officials’ ability to have any say in the impact of sand and gravel mines in their communities,” said Neil Sheridan, executive director of the Michigan Townships Association. “While MTA supports access to materials necessary to fix Michigan’s roads, the existing process allows for local governments to balance those needs, along with those of their residents and the impact of mining operations in their borders. This bill, however, removes local authority and all safeguards to ensure that balance.”

The legislation would essentially allow the aggregate industry to operate unfettered, with virtually zero oversight at any level of government, unfairly favoring the industry over our residents, students and the environment. It places profit before people, requiring only that an applicant for mining operations prove the operation would be profitable and the extraction will not pose a risk to public health, safety or welfare that cannot be avoided.

“This bill would have a devastating impact on our cities and villages,” said Jennifer Rigterink, legislative associate for the Michigan Municipal League. “SB 431 is all about profit for the industry and has no regard for people, communities or the environment.”

See the complete coalition statement.

On Jan. 1, 2021, counties must have a plan and changes in place to comply with the law on E911 (Enhanced 911 services).

A March 24 webinar, sponsored by MAC and Abilita, will help answer your questions concerning E911 compliance.

Consider this: An employee at your office has a medical emergency after normal working hours with nobody around. He or she dials 911 from a desk phone and the ambulance arrives at your location. However, since it is after hours and the building is more than 20,000 square feet on multiple floors. The first responders are delayed finding the individual that dialed 911. This is a possibility; and the situation can be even more complicated if there are multiple buildings tied to one phone system through VoIP technology.

The E911 law was enacted to change this.

Among questions explored in the 45-minute webinar will be:

1. What is E911 and why a new law in Michigan?
2. What is required for compliance?
3. Who does this apply to?
4. Is there any ongoing maintenance involved with this?
5. What if we don’t do anything?

The webinar will run from 11 a.m. to noon on March 24. It is free and open to staffers at any MAC member county. To register, click here.

After the March 24 presentation, a recorded version will be placed on the MAC website for 24/7 viewing through the rest of 2020.

Protecting and improving funding for Michigan’s 242 trial courts and ending the diversion of critical local funds via state-mandated property tax exemptions are among eight legislative priority areas for Michigan’s 83 counties in 2020.

The state priorities were released by the Michigan Association of Counties (MAC), which represents county governments in Lansing, in advance of Gov. Gretchen Whitmer’s State of the State address, set for Wednesday, Jan. 29.

“The major themes you see in these priorities are that counties are responsible for vital public services, yet the funding for that work is insufficient, tenuous or directly under attack,” said Stephan Currie, executive director of MAC. “While Michigan’s economy is doing well, provision for public services has lagged. We have to invest in public health, in infrastructure, in public safety, but our members can’t do so if state leaders limit or reduce our resources.”

The eight priority areas are:

• Ensuring stable, proper funding for trial courts
• Reforming Michigan’s system of financing local government
• Addressing roads, underground infrastructure and threats to Michigan’s waters and shorelines
• Ensuring viability and responsibility in public mental health systems
• Ensuring the state covers costs for property tax exemptions
• Working to combat the opioid crisis
• Prohibiting the use of deed restrictions in property valuations
• Extending county commissioner terms to four years

“For most counties, property taxes provide the majority of the General Fund,” Currie noted, “yet only last year did taxable property values reach the level they were in 2008. Local resources haven’t recovered from the Great Recession; state leaders need to understand that and act accordingly.”

Bills to alter property tax foreclosure process introduced

After months of behind the scenes discussions, Sen. Jim Runestad (R-Oakland) and Sen. Ruth Johnson (R-Oakland) have introduced Senate Bills 725 and 726. The bills seek to codify many of the best practices followed by county treasurers across the state, while also authorizing in law additional opportunities for property redemption that don’t exist now.

For several years now, media coverage has focused on select cases where a homeowner has lost the equity in their home to the foreclosing governmental unit. Upon taking a closer look at the bulk of these cases, and at the success treasurers have had in collecting back taxes and keeping the homeowners in their homes, it was revealed that the county treasurer did everything in their power under the law to notify the homeowner and work with the homeowner on a payment plan, and provided ample opportunities for redemption of the property.

SB 725 requires the following additions to the notice that is sent to homeowners entering the foreclosure process:

• A statement that payment plans may be available
• A schedule of all additional interest, penalties and fees that will accrue through the immediately succeeding March 1
• A statement warning the owner that payments made to the local tax collecting unit and not to the foreclosing governmental unit, may not be applied to the delinquent account that put them in foreclosure in the first place
• The name and contact information for an individual in the county treasurer’s office with whom the taxpayer may discuss options for payment plans, avoidance agreements and any other means by which the taxpayer may be able to prevent additional interest, penalties and foreclosure

SB 726 allows for the redemption of property after a foreclosing governmental unit has filed a petition for a judgement with the circuit court, if a payment on subsequent taxes for a principal residence was applied to subsequent tax bills but could have been applied to redeem the property and the property owner requests the payment be reapplied to the delinquent taxes.

MAC does not have a position on these bills yet but is encouraged that the bills seek to codify best practices, provide greater opportunities for people to stay in their homes and do not compromise the responsibility of property owners to pay their taxes.

 For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

Senate committee delves into unfunded mandates

Ottawa Administrator Al Vanderberg testifies before the Senate Oversight Committee on Tuesday, Jan. 21.

The Senate Oversight Committee took testimony Tuesday on what committee Chair Sen. Ed McBroom (R-Dickinson) termed “a discussion on unfunded mandates.”

Among the witnesses was Eric Lupher of the Citizens Research Council of Michigan, who noted the enforcement mechanism under the Headlee Amendment, which bars new unfunded mandates by the state on local governments, has not “borne fruit” for locals contesting state actions.

Al Vanderberg, administrator of Ottawa County, provided examples of unfunded mandates in public health, mental health, the Child Care Fund and the court system. “We’re still $800,000 below the state meeting its requirement under public health,” he stated. 

Asked by McBroom about fixing the situation, Vanderberg said, “A good way to start would be to put together a workgroup that would work on this that would include all 3 branches of state governments and local governments. … Let’s fix this going forward.”

 MAC appreciates the efforts of Sen. McBroom for continuing to raise this issue, and thanks Vanderberg for his testimony in support of reform.

For more information on this issue, contact Deena Bosworth at bosworth at micounties.org.

 

Local authority threatened under mining bill in Senate

Senate Bill 431, by Sen. Adam Hollier (D- Wayne), would create a statewide standard for mining of certain natural resources and take local decision making out of the process. This issue stems from a long-standing battle in Metamora Township, where the township does not want additional mining operations in its community.

Proponents of the legislation argue the aggregate material should be mined as close as possible to where it is going to be used to cut down on the additional expenses associated with trucking the materials long distances. MAC and the Michigan Townships Association are opposed to the measure because it would take decisions about where to allow aggregates to be mined out of the hands of the local units that have to contend with the noise, traffic and wear and tear on their roads and their residents.

The bill has not yet been voted on in committee but further consideration on the matter is anticipated.

For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

Governor signs bills to restore road commission merger authority            

Gov. Gretchen Whitmer signed two bills this week that remove any legislative “sunset” on the authority of county boards to pursue authority over county road commissions.

Senate Bills 322-323, by Sen. Roger Victory (R-Ottawa), were strongly backed by MAC.

The bills remove the previous statutory deadline by which a county could opt to absorb its county road commission and make it a county road department.  Since 2012, counties have had the option of absorbing appointed road commissions or, in the cases of an elected road commission, put the question up to the voters. That authority, however, had expired on Dec. 31, 2019. The new bills reverse that expiration and restore the authority permanently.

For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

 

Legal advice: Be present for board meetings

MAC has received inquiries from several members about what’s allowed under the Open Meetings Act (OMA) regarding remote participation in a board meeting.

Last year, the firm of Cohl, Stoker and Toskey issued a memo on changes to the OMA that went into effect on March 29, 2019.

As noted in the memo: “The statutory change does not address whether a quorum must be physically present. However, there is a strong legal argument that a ‘physical’ presence is required for a quorum. The OMA states at Section 2(a): “Meeting” is defined as “the convening of a public body at which a quorum is present for the purpose of deliberating toward or rendering a decision on a public policy.” While we could not find any Michigan case law on point, generally present means a physical presence.” (emphasis added)

MAC encourages members to seek legal guidance whenever there is uncertainty about board actions or operations under the OMA.

House committee takes testimony on coastal lake levels, erosion and flooding

Impending record high water levels in the Great Lakes, crashing waves, high inland lake and river levels and a high water table are wreaking havoc in many counties across the state. Rep. Sue Allor (R-Cheboygan) took testimony in a House subcommittee this week from the Department of Energy, Great Lakes and Environment (EGLE), several city managers, the Saginaw public works director and the Ottawa County water resources commissioner on the impact of these trends.

Dean Kapenga, an Allegan County commissioner, also attended the hearing and provided written testimony to the committee regarding the major impact the lake level is having on his communities along the Lake Michigan coast. Faced with houses and other structures falling into the lake, road washouts, flooded homes and streets and the exhausted efforts to control the water, communities and the state are trying to figure out how to mitigate the damage happening now and predicted to happen in the spring. Although no resolution to the problems facing these communities was reached, several areas around the state are working with their local elected officials, emergency managers and public works professionals to notify the public, protect municipal assets and preserve as much infrastructure as possible. This will be an ongoing conversation over the next several months with EGLE taking the lead on expedited permitting and communications strategies.

For more information on this issue, contact Deena Bosworth at Bosworth@micounties.org.

 

State sets town halls on housing issues for farm workers

Public input is being sought on housing issues for farm workers in Michigan at six town halls set by a new Food and Agriculture Housing Task Force, led by Michigan Department of Agriculture and Rural Development (MDARD).

“With an increased demand for hired labor in the food and agriculture sector, housing has become a major issue in Michigan. The new Food and Agriculture Housing Task Force … will be delving into housing needs throughout the state,” MDARD noted in a recent release.

MDARD will be hosting six regional town hall meetings across the state to hear from community leaders, economic development representatives and food and ag-based businesses to garner input about their individualized needs. To RSVP for these meetings, click this link.

The meeting dates and communities are:

• Feb. 5 in Taylor
• Feb. 11 in Grand Rapids
• Feb. 12 in Kalamazoo
• March 10 in Frankenmuth
• March 30 in Traverse City
• March 31 in Escanaba

Individuals interested in offering feedback about housing also may take a survey through the following website: https://www.surveymonkey.com/r/C2CYPTG

Results from town hall meetings, survey, and one on one meetings will be used to develop a final report this summer to identify solutions and an implementation plan.

 

National news from NACo

• Appalachian counties eye leadership role in opioid fight
• EPA finalizes new Waters of the U.S. definition
• House and Senate pass bill to change how FCC collects and reports broadband data
• Apply now: U.S. Department of Transportation awarding up to $906 million in grant funding for infrastructure improvement projects 

MAC releases state priorities for 2020

Eight issue areas, led by MAC’s ongoing work to reform local government finance and a push to extend county commissioner terms to four years, have been identified as MAC’s State Priorities for 2020.

MAC issues a priority list each year as part of its educational work with legislative leaders.

“The foundation of our advocacy work, of course, are the policy platforms developed and approved by our members and board each year,” explained Deena Bosworth, director of governmental affairs. “This priority list is built off of those platforms, but taking into account the immediate opportunities and challenges we see in then next 12 months in Lansing.”

The eight objectives for MAC’s Government Affairs Team in 2020 are:

• Reforming Michigan’s System of Financing Local Government
• Extending County Commissioner Terms to Four Years
• Working to Combat the Opioid Crisis
• Ensuring Stable, Proper Funding for Trial Courts
• Ensuring Viability and Responsibility in Michigan Mental Health Systems
• Ensuring the State Covers Costs for Property Tax Exemptions
• Prohibiting the Use of Deed Restrictions in Property Valuations
• Addressing Infrastructure and Threats to Michigan’s Waters and Shorelines

“Some of these will be familiar to members,” Bosworth noted. “But the list is dynamic, in that issues fall off when we are able to record success at the State Capitol, such as last year with a prudent approach to treating 17-year-old offenders as juveniles.”

For more information on MAC’s 2020 advocacy work, contact Deena Bosworth at bosworth@micounties.org.

Jail Task Force report turned over to Legislature

House Speaker Lee Chatfield addresses reporters and others during the presentation of the Jail and Pretrial Incarceration Task Force report to the Legislature Wednesday.

Senate Majority Leader Mike Shirkey (R-Jackson) and House Speaker Lee Chatfield (R-Emmet) received the final Joint Task Force on Jail and Pretrial Incarceration report this week at a State Capitol event. It is now up to the Legislature to review the 18 recommendations and decide where their priorities fall.

Speaker Chatfield commented, “The House will review every one of these recommendations and begin work immediately to help protect the people of our state and give them the local and state government they deserve.”

Highlights of the report include:

• an emphasis on reversing the trend of county jails becoming de facto mental health facilities and investment for mental health diversion services
• expanding officer discretion to use appearance tickets as an alternative to timely arrest processes
• ensuring adequate resources for protections and services for victims, especially for victims of domestic violence

MAC encourages members to review the full report and recommendations, as well as discuss with other countywide elected officials and staff. Please feel free to provide input or feedback of support or concern to Meghann Keit at keit@micounties.org.

 

Ottawa’s Kuyers attends trade ceremony at White House

Phil Kuyers snapped this photo of President Trump during the signing ceremony for the U.S.-China trade deal.

Ottawa County Commissioner Phil Kuyers, first vice president of the MAC Board, was among invited guests to the signing ceremony for the new U.S.-China trade agreement.

Kuyers was one of a handful of county leaders who were invited to witness the signing ceremony for the “Phase One Trade Deal” in the East Room of the White House.

In a statement Wednesday, the White House said, “The Agreement requires structural reforms to China’s economic and trade regime in the areas of intellectual property, technology transfer, agriculture, financial services, and currency and foreign exchange. The deal also includes a commitment by China to future purchases of U.S. goods and services, plus a strong dispute resolution system that ensures prompt and effective implementation and enforcement.”

Of the event, Kuyers said, “It was an honor to be invited and attend this historic event, with President Trump and his administration, which will mean $50 billion in agricultural trade and more.”

 “Phil is a strong and knowledgeable voice on agricultural policy in every MAC forum, both as a member of our Board of Directors and on our Agriculture Committee,” said Stephan W. Currie, executive director. “His invitation to the signing is more evidence of the administration’s outreach to county leaders in Michigan, which has included special briefings for county leaders from our state in 2017 and 2019.”

 

National news from NACo

• U.S. House to vote on comprehensive package to address PFAS
• U.S. House advances bipartisan legislation to address farm labor strategies
• How counties can help create ‘Livable Communities’
• Older Americans Act remains a crucial resource for counties

 

Nominate a ‘Hometown Hero’ boosting local public health

The Michigan Public Health Week Partnership, of which MAC is a part, joins the American Public Health Association in celebrating National Public Health Week in April 2020 with the annual presentation of the Hometown Health Hero awards.

 

The Hometown Health Hero award is presented to individuals and/or organizations that have made significant contributions to preserve and improve their community’s health in the focus areas listed below. Awardees are selected from nominations received by you. The only way for someone to receive this award is to be nominated. What person or organization in your community deserves this statewide recognition?

 

Nominations are due by Feb. 14. Details can be found in the nomination form.