Legislation Exempting Library Millages from TIF Tax Capture Voted Out of Committee

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Today, a package of bills (SB 579 and SB 619-624) to exempt separate library millages from tax Capture by tax increment financing (TIF) authorities received testimony and was voted out by the Senate Finance Committee.

The language in each bill in the package states that if the TIF authority does not have any outstanding debt or obligations, a library millage voted on prior to December 31, 2015 is exempt unless the library board decides to opt in to capture.  If the millage is voted on after December 31, 2015, the millage is exempt from tax capture unless the library board approves it.

The League testified in opposition to the bill package because of the slippery slope this creates.  This is a topic of the broader conversation of TIF reform and we feel it should be dealt with as a whole instead of breaking it off piece by piece.

The bills were voted out of committee with all yes votes except Sen. Knollenberg who passed.

Nikki Brown is a legislative associate for the League handling economic development, land use and municipal services issues.  She can be reached at nbrown@mml.org or 517-908-0305.

USDOT Proposes to Remove Restrictive Design Guidelines

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The Federal Highway Administration (FHWA) took an encouraging and surprising step, proposing to ease federally-mandated design standards on many roads, making it dramatically easier for cities and communities of all sizes to design and build complete streets that are safer for everyone.

Currently, FHWA has a long list of design criteria that local communities and states must adhere to when building or reconstructing certain roads, unless they choose to go through an arduous process of requesting an exception to do things like line a downtown street with street trees, reduce the width of lanes to add a bike lane, or curve a street slightly to slow traffic and make it safer for people in cars and on foot.

In this new proposed rule, FHWA decided after a thorough review to scrap 11 of 13 current design criteria for certain roads because they decided these criteria have “minimal influence on the safety or operation on our urban streets” and has a stronger connection for rural roads, freeways and higher speed urban arterials.

FHWA deserves praise for their leadership on this important issue. The rule is open to public comment through December 7, 2015. Let’s take the opportunity to provide public comment and thank FHWA for their leadership and make sure it is implemented to help make safer streets for all to enjoy.

For more information click here.

John LaMacchia is a Legislative Associate for the League handling transportation, infrastructure, and energy issues. He can be reached at jlamacchia@mml.org or 517-908-0303.

Legislature Considering Bills That Would Remove Local Control Over Setting Speed Limits

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House Transportation and Infrastructure Committee is considering five bills, HB 4423, 4424, 4425, 4426, and 4427, that would dramatically impact the ability of local units to set safe and context sensitive speed limits within their municipal boundaries.

HB 4425 would require that speed limits be set at the 85th percentile of speed. Fundamentally we believe that all users of the road way should be taken into account when setting a speed limit. The 85th speed study with-in this legislation is set up to look only at the free-flow of traffic, under ideal conditions, and on the fastest portion of the roadway. We believe this completely neglects taking the context of the roadway, the surrounding environment, pedestrian traffic (walking or biking), transit, or the views and needs of the community into account.

When we look at the 85th percentile of speed it should be a diagnosis not a prescription. It can be a useful and rational tool to help understand speeds on on local streets but should not be looked at as the only solution. Other states incorporate a broad number of mitigation criteria that allow flexibility to lower speed limits below the 85th percentile of speed. Too often we talk just about increasing the speed to the 85th percentile for safety reasons but rarely do we talk about how we could reduce the 85th percentile so everyone using the roadway is safer.

Each community is best suited to understand local conditions that place children, the disabled, seniors and other vulnerable roadway users in harm’s way, and we are opposed to any attempt that diminishes our communities efforts and ability to provide a safe and inviting environment.

We encourage you to reach out to your legislator and ask that they do not take away local control over our ability to set speed limits. Additionally you may choose to adopt a resolution such as Grand Haven and Grandville have done and share that with your legislator.

John LaMacchia is a Legislative Associate for the League handling transportation, infrastructure, and energy issues. He can be reached at jlamacchia@mml.org or 517-908-0303.

 

Legislation Attempts to Shift Broadband Relocation Costs to Communities

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Legislation recently introduced in the House attempts to shift broadband relocation costs to communities and we urge you to reach out to your legislator to defeat it. HB 5016 would require cities and villages to reimburse an entity holding a license under the Michigan Telecommunications Act, or a franchise under the Uniform Video Services Local Franchise Act, for relocation costs if both of the following apply:

  1. The city, village, township, or county, or the state transportation department, did either of the following: Requested the entity to temporarily or permanently relocate its facilities, or requested the entity to temporarily or permanently relocate its facilities to protect those facilities due to construction or other activity by the city, village, township, or county, or the state transportation department.
  2. The entity invests money in broadband infrastructure in this state.
If a city or village requests an entity to relocate facilities, the community would also be required to waive any permit fees or inspection fees.
If a city or village requests an entity to conduct any survey or study related to relocating facilities, the community must reimburse the entity for those survey or study costs.
A reimbursement of relocation costs by the government agency to an eligible entity shall be made as follows:
  • 100% reimbursement for relocation costs, if the entity’s facilities were placed in the public right-of-way less than five years before the date of the request to relocate
    those facilities.
  • 75% reimbursement for relocation costs, if the entity’s facilities were placed in the public right-of-way five years or more but fewer than nine years before the date of the request to relocate those facilities.
  • 50% reimbursement for relocation costs,if the entity’s facilities were placed in the
    public right-of-way nine years or more but less than 12 years before the date of the
    request to relocate those facilities.
  • 25% reimbursement for relocation costs, if the entity’s facilities were placed in the public right-of-way 12 years or more but less than 15 years before the date of the
    request to relocate those facilities.

The METRO Act requires telecommunication providers to pay the Metro Authority an annual maintenance fee for access to and use of municipal public rights-of-way. The Act also provides that they receive an annual property tax credit equal to the funds/costs paid in annual maintenance fees. The receipt of this tax credit results in the telecom provider paying little or no annual costs for access to and use of municipal public rights-of-way. The METRO Act provides that the tax credit shall be the sole method of recovery for the costs required under the act.

Additionally, Section 4.10 of the METRO Act permit agreements requires “…If a Municipality requests Permittee to relocate, protect, support, disconnect or remove its Facilities because of street or utility work, or other public projects, Permittee shall relocate, protect, support, disconnect, or remove its Facilities, at its sole cost and expense…”

The League believes the transfer of these cost to our communities makes them unfairly shoulder the costs and is in direct conflict with the METRO Act. We urge you to reach out to your legislator and let them know that municipalities should not be responsible for these costs and to vote no on this legislation. This bill could be voted on the first week of December when the Legislature returns from Thanksgiving break. They need to hear from you if we are going to be successful in defeating this bill.

John LaMacchia is a Legislative Associate for the League handling transportation, infrastructure, and energy issues. He can be reached at jlamacchia@mml.org or 517-908-0303.

Legislature Wraps Up Busy Fall Session

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Officials testify on the adverse possession issue. From right, Chris Hackbarth, Ann Arbor City Attorney Stephen Postema and Novi City Attorney Thomas Schultz.

Officials testify on the adverse possession issue. From right, Chris Hackbarth, Ann Arbor City Attorney Stephen Postema and Novi City Attorney Thomas Schultz.

In a flurry of activity following passage of the road funding package last week, both the House and Senate pushed through full agendas on Tuesday before breaking for the Thanksgiving holiday.  Included among the bills seeing committee and floor movement were a number of bills that the League is supporting.

  • Senate Bill 372 (Zorn) provides for reciprocity for firefighter training and certification earned in another state.  The League has supported this legislation as it made its way through the Senate and the House.  The bill is now on its way to the Governor for his signature.
  • House Bill 4904 (McBroom) was also sent to the Governor Tuesday.  As previously reported, this bill designates the March 2016 presidential primary election as a general election, allowing local ballot questions to be included on that election date.
  • Senate Bill 556 (Horn), which extends the sunset date on the Commercial Rehabilitation Act, is one step closer to completion as the House floor positioned the bill for final passage upon their return following the legislative break.
  • House Bill 4747 (Hughes) has been promoted by the League and the Michigan Association of Municipal Attorneys to correct a recent court decision that had opened the door to adverse possession of municipal property.  Working together over the past two years, the League and a group of municipal attorneys were successful in crafting language to address this problematic court decision.  At a recent House committee hearing, League staff and attorneys from Ann Arbor and cities in Oakland County testified in support of the bill.  The bill now moves to the House floor where we are requesting action in December.

Chris Hackbarth is the League’s director of state affairs. He can be reached at 517-908-0304and chackbarth@mml.org.

Senate Committee Reports Bill To Expand Recreation Authorities

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Michigan Municipal League members, including Big Rapids Mayor Mark Warba (right), testified in Lansing recently on an issue facing park and recreation authorities.

Michigan Municipal League members, including Big Rapids Mayor Mark Warba (right), testified in Lansing recently on an issue facing park and recreation authorities.

Working in conjunction with officials from the City of Big Rapids, the League was successful in getting Senate Bill 481 (Booher) reported from the Senate Local Government committee earlier this week.

The bill, modeled on similar legislation from previous sessions, would expand the definition of an eligible municipality to include a school district.

This change would allow a city, village, or township to partner with a school district to form a recreation authority allowing broader access to recreation programming and facilities throughout a region.

Big Rapids Mayor Mark Warba (left) testifies in Lansing.

Big Rapids Mayor Mark Warba (left) testifies in Lansing.

Language was added in this bill to address concerns raised previously about the need to clarify the appropriate use of any funds raised by an authority that included a school district.

Following a committee hearing in which Big Rapids city and school officials testified in support of the bill, the committee voted the bill out to the full Senate for consideration once they return from break in December.

Chris Hackbarth is the League’s director of state affairs. He can be reached at 517-908-0304and chackbarth@mml.org.

Fluoridation Equipment Grant Available Through Department of Health and Human Services

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Fluoridation of a community water system is one of the most cost effective and efficient ways to reduce dental disease in a population. Over 65 years of research on this topic has proven community water fluoridation to be safe and effective in improving the oral health of the community’s citizens.

The Michigan Department of Health and Human Services (MDHHS) Oral Health Program is primarily looking to promote community water fluoridation by offering to reimburse communities currently not fluoridating for fluoridation equipment purchases for the sole purpose to initiate community water fluoridation in their community. A generous gift from Delta Dental of Michigan is once again available to help communities with acquiring new fluoridation equipment.

Close to 7 million people in Michigan are benefiting from community fluoridated water. For those systems currently wishing to initiate this basic public health practice in their communities the Michigan Department of Health and Human Services Oral Health Program is providing grants of up to $24,000 to assist with the cost of the purchase and installation of fluoridation equipment. The funds must be used for new and replacement fluoridation equipment purchased in the contract period of April 1, 2016- September 15, 2016.

First priority will be given to Michigan water systems currently without a water fluoridation program. If funds allow, reimbursement for replacement fluoridation equipment will be offered to those Michigan communities needing to update their fluoridation equipment for the sole purpose of continuing community water fluoridation in their community.

For more information please click the following link. 2015-16_Fluoridation_RFP_504412_7

Should your community have any question regarding the fluoridation of a community water system please contact Sandra Sutton, Community Water Fluoridation Coordinator, Michigan Department of Health and Human Services, at 517-373-0238 or suttons2@michigan.gov.

John LaMacchia is a Legislative Associate for the League handling transportation, infrastructure, and energy issues. He can be reached at jlamacchia@mml.org or 517-908-0303.

Significant Changes Coming to Rural Task Force Program

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The Michigan Department of Transportation (MDOT) , in conjunction with the Rural Task Force (RTF) Oversight Board is please to announce it has achieved significant milestones in improving the RTF Program in a way that fulfills federal oversight rules and better meets the needs of rural programs.

In early 2016, the RTF Oversight Board will begin rolling out materials and guidance documents to bring more transparency and equity to the way federal funds flow through Michigan’s Rural Task Forces and Regional Planning agencies.

The Oversight Board has come to a consensus on a better path forward to improve how local federal obligation dollars are distributed, allocated, and obligated in the RTF Process.

Please click on the following link for key statements that summarize the new milestones. MDOT RTF Milestone Letter

John LaMacchia is a Legislative Associate for the League handling transportation, infrastructure, and energy issues. He can be reached at jlamacchia@mml.org or 517-908-0303.

House Tourism Takes on Placemaking

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Last week I presented on placemaking to the House Tourism committee. This diverse committee is made up of members from communities all across the state with different tourism focuses.

It was fun to dive back into legislative committee for a day (now that I’m a recovering lobbyist) to share my passion about creating great communities – for both residents and visitors.

The legislators were receptive to the presentation which focused on the significant economic impact of placemaking. While the committee members represent different areas from Northern Michigan’s Bellaire to Detroit, the economic impact of placemaking can be proven in communities of all sizes in all geographic locations.

I emphasized that placemaking is not about making every community the same; it’s about capitalizing on the assets your community and making your town the best version of itself.

Samantha Harkins is the President of the Michigan Municipal League Foundation. She can be reached at (517) 908-0306 or sharkins@mml.org

House Tourism Takes on Placemaking

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Last week I presented on placemaking to the House Tourism committee. This diverse committee is made up of members from communities all across the state with different tourism focuses.

It was fun to dive back into legislative committee for a day (now that I’m a recovering lobbyist) to share my passion about creating great communities – for both residents and visitors.

The legislators were receptive to the presentation which focused on the significant economic impact of placemaking. While the committee members represent different areas from Northern Michigan’s Bellaire to Detroit, the economic impact of placemaking can be proven in communities of all sizes in all geographic locations.

I emphasized that placemaking is not about making every community the same; it’s about capitalizing on the assets your community and making your town the best version of itself.

Samantha Harkins is the President of the Michigan Municipal League Foundation. She can be reached at (517) 908-0306 or sharkins@mml.org