A RESOLUTION CERTIFYING TO THE WASHTENAW COUNTY CLERK BALLOT LANGUAGE FOR A VETERANS MILLAGE OF ONE TENTH (1/10) OF A MILL FOR EIGHT YEARS TO BE PLACED ON NOVEMBER 8, 2016 ELECTION BALLOT WASHTENAW COUNTY BOARD OF COMMISSIONERS July 6, 2016 WHEREAS, veteran services in Washtenaw County are overseen and provided by the County Department of Veterans Affairs; and WHEREAS, such services range from assisting a veteran to obtain eligible benefits to securing burial benefits for a veteran’s family; and WHEREAS, the County Department of Veterans Affairs is overseen by the Veterans Affairs Committee which is comprised of five members, each of whom is an honorably discharged veteran; and WHEREAS, since the fall of 2008, the funding of indigent veteran claims has been funded pursuant to P.A. 214 of 1899 (MCLA 35.21) which authorizes a county to levy up to 1/10th of a mill (2/10ths of a mill in wartime) to fund claims from eligible indigent veterans and their dependents, with the remaining costs of the County Department of Veterans Affairs being funded by the County’s general fund; and WHEREAS, in the fall of 2015, the Michigan Attorney General opined that while pre-Headlee authorized tax levies such as the Indigent Veteran Levy may not be subject to the vote requirement under the Headlee Amendment to the Michigan Constitution, such taxes still may not exceed a county’s constitutional mill limits of Article 9, Section 6; and WHEREAS, earlier this year, Taxpayers United Michigan Foundation and three County citizens sued the County alleging, in part, that the County’s levying of un-voted millages such as the Indigent Veterans Millage, violates the Headless Amendment to the Constitution and should be enjoined; and WHEREAS, that litigation, which is currently pending in the Michigan Court of Appeals, prompted County officials, along with the County Department of Veterans Affairs, to examine alternative means to fund not only the indigent veterans mandate under Michigan law, but also the complete operational costs to run the Department of Veterans Affairs; and WHEREAS, several other Michigan counties currently operate their entire veteran services, including the cost of paying eligible indigent veteran claims, by means of a voter-approved millage; and WHEREAS, voter approval of a veterans millage would create a dedicated funding stream for all veteran services within Washtenaw County, including indigent veteran claims, without relying on the County general fund to pay for such services; and WHEREAS, the County Department of Veterans Affairs, with the full support of County Administration, is proposing that an eight-year millage of 1/10th of a mill designed to fund all aspects of county veteran services, including eligible indigent veteran claims, be presented to Washtenaw County voters at the November 8, 2016 general election. NOW THEREFORE, BE IT RESOLVED that the Washtenaw County Board of Commissioners states as follows: 1. There shall be submitted to the electors of the County of Washtenaw at the general election to be held on the eighth (8th) day of November, 2016 from 7:00 a.m. to 8:00 p.m. prevailing time, the following proposition: “Shall the limitation on the amount of taxes which may be assessed each year for all purposes on real and tangible personal property in Washtenaw County, Michigan be increased as provided in Article 9, Section 6 of the Michigan Constitution and the Board of Commissioners of the County be authorized to levy a tax not to exceed one tenth of one mill ($0.10 per $1,000) of state equalized valuation of such property for eight (8) years beginning with the December 1, 2016 tax levy (which will generate estimated revenues of $1,535,993 in the first year of the millage) for the purpose of funding Washtenaw County’s obligation to provide financial relief and services for Washtenaw County veterans, including the payment of eligible indigent veteran claims, and to fund the administration of the Washtenaw County Department of Veterans Affairs? YES ____ NO ____ 2. The election shall be held in accordance with Chapter XXVII of the general election laws of the State of Michigan. 3. The Washtenaw County Clerk is hereby requested to carry out all appropriate statutory duties as set forth in this Resolution and the general election laws of the State of Michigan so that the question of adoption may be submitted to the voters on November 8, 2016. 4. The Washtenaw County Board of Commissioners hereby certifies to the County Clerk the following question as the appropriate ballot wording for the November 8, 2016 general election for the above-stated proposition: PROPOSITION TO INCREASE THE TAX LIMITATION FOR THE COUNTY DEPARTMENT OF VETERANS AFFAIRS FOR THE PURPOSE OF FUNDING WASHTENAW COUNTY’S OBLIGATION TO PROVIDE FINANCIAL RELIEF AND SERVICES FOR WASHTENAW COUNTY VETERANS, INCLUDING THE PAYMENT OF ELIGIBLE INDIGENT VETERAN CLAIMS, AND TO FUND THE OPERATION OF THE WASHTENAW COUNTY DEPARTMENT OF VETERANS AFFAIRS “Shall the limitation on the amount of taxes which may be assessed each year for all purposes on real and tangible personal property in Washtenaw County, Michigan be increased as provided in Article 9, Section 6 of the Michigan Constitution and the Board of Commissioners of the County be authorized to levy a tax not to exceed one tenth of one mill ($.0.10 per $1,000) of state equalized valuation of such property for eight (8) years beginning with the December 1, 2016 tax levy (which will generate estimated revenues of $1,535,993 in the first year of the millage) for the purpose of funding Washtenaw County’s obligation to provide financial relief and services for Washtenaw County veterans, including the payment of eligible indigent veteran claims, and to fund the administration of the Washtenaw County Department of Veterans Affairs? YES ____ NO ____ Each city and township clerk shall give appropriate notice of the submission of the aforesaid proposition as provided by law which notice shall contain the statement of the Washtenaw County Treasurer as to previously voted tax limitation increases affecting property within Washtenaw County. COMMISSIONER Y Brabec N A COMMISSIONER Y X Ping X LaBarre X Rabhi X Martinez-Kratz X Jamnick Peterson X Conan Smith CLERK/REGISTER’S CERTIFICATE - CERTIFIED COPY STATE OF MICHIGAN ) COUNTY OF WASHTENAW)SS. N A COMMISSIONER Y Dan Smith X N X X ROLL CALL VOTE: 7 1 1 I, Lawrence Kestenbaum, Clerk/Register of said County of Washtenaw and Clerk of Circuit Court for said County, do hereby certify that the foregoing is a true and accurate copy of a resolution adopted by the Washtenaw County Board of Commissioners at a session held at the County Administration Building in the City of Ann Arbor, Michigan, on July 6th, 2016, as it appears of record in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said Court at Ann Arbor, this 7th day of July, 2016. LAWRENCE KESTENBAUM, Clerk/Register BY:______________________________________ Deputy Clerk Res. No. 16-106 A
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