HomeMy WebLinkAboutResolutions - 1999.09.23 - 25862September 9, 1999
REPORT (Misc. #99221)
BY: GENERAL GOVERNMENT COMMITTEE -Shelley G. Taub, Chairperson
RE: MR #99221 Retroactive Property Value Uncapping
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee having reviewed the above referenced resolution on August 30, 1999,
recommends to the Oakland County Board of Commissioners the resolution be amended as follows:
Add at the end of the NOW THEREFORE BE IT RESOLVED paragraph the words, "Further a copy of this
resolution be sent to all State Legislators."
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
General Government Committee Vote:
Motion carried on a unanimous roll call vote with Sever absent.
/1666e- t?f3
Chairperso we move the adoption of the foregoin fesoluticn.
44 Ruel E. McPherson, District # 25
MISCELLANEOUS RESOLUTION #99221
BY: RUEL E. MCPHERSON, DISTRICT #25, SHELLEY GOODMAN TAUB, DISTRICT #12
IN RE: RETROACTIVE PROPERTY VALUE UITCAPPING
To the Oakland County Board of O-rmissioners
Chairperson, Ladies and Gentleme-.. -
WHEREAS it has been brought to the attention of the Oakland County Board
of Commissioners that the retroactive uncapping procedures used in the
administration of Proposal "A" may result in financial hardship and the loss
of the homestead of a widow or widower, in the following circumstances:
1. A widow or widower inherits the homestead occupied by both parties
on the date that it was originally purchased by the deceased spouse.
2. The property was purchased jointly by the spouse or singly by the
deceased spouse years ago. The deceased failed to file a property
transfer affidavit at that time or it was filed but not recognized by
the local assessing unit.
3. Due to the recording of the death certificate .1 name change, cay off
a loan, or other reason th ;.ing unit diccovers that the taxable
value should have been uncapped years earlier and is commanded by law to
impose retroactive taxes, penalties, and interest on the surviving
spouse back to the original purchase date.
WHEREAS the Oakland County Board of Commissioners recognizes the need to
provide for relief in those circumstances; and
WHEREAS it is also recognized that any legislation on this matter must
be carefully drafted, provide written records, and be carefully supervised to
insure that the intent of the constitution and fairness to the taxpayers be
accomplished.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners requests that the Legislature, working with Assessment
Administrators, the State Tax Commission and the Department of Treasury, draft
legislation that provides for carfully supervised to taxpF,yern
these circumstances.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
requests that the Legislature use the procedures and qualifications provided
for in Section 211.7u of the General Property Tax Act as a standard for
relief, requiring:
A. The property would have to be the homestead
widower who occupies the property.
B. File claim with the July or December Boards
the uncapping or the succeeding year.
C. Meet the Federal Poverty Income Standard or
established by the local governing body.
D. Be approved by the local Board of Review of
of a surviving widow or
of Review in the year of
Alternative Guidelines
the city or township.
Resolution #99221 August 19, 1999
The Chairperson referred the resolution to the Finance Committee and the
General Government Committee. There were no objections.
FISCAL NOTE (Misc. #99221) September 23, 1999
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: RETROACTIVE PROPERTY VALUE UNCAPPING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above-referenced resolution on
September 16, 1999, reports that the resolution has no impact on the County's
general fund and recommends its approval.
Chairperson, on behalf of the Finance Committee, I move the acceptance of
the foregoing report.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Causey-Mitchell absent.
n• ... HERES
voks P ereon. County Executive
,
Resolution #99221 September 23, 1999
Moved by Douglas supported by McPherson the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Douglas supported by McPherson the resolution be adopted.
Moved by Douglas supported by McPherson the resolution be amended to
coincide with the recommendation in the General Government Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen,
Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson,
Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti,
Coleman. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
HE FOREGOING RESOLUTT 2/2 a
Date
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on September 23, 1999 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 23d d77of September, 1999.
f")
G. William Caddell, County Clerk