Township, library, at odds over DDA funds

By Shelby Stewart
Staff Writer
Brandon Twp.-The Brandon Township Library Board is seeking funds that were accidentally captured for the Downtown Development Authority (DDA) in 2017.
On the yearly library millage, prior to 2017, a portion of the millage was captured and given to the DDA. Tax laws in 2017 changed, and this was an optional capture that the library would have had to ask for, but funds were still diverted to the DDA.
“It’s a matter of law,” said Library Board Finance Officer Cheryl Gault. “The capture of the taxes was to stop in 2017 unless the library notified the township that we wanted them to continue capturing our taxes, which we did not do.”
The issue was brought to the board at their March meeting, but the township board members wanted to wait to take action until they could consult with the township attorney.

“The township attorney let me know today that he spoke to the library’s attorney, and indicated that the township is not required to take funds from the general fund to pay the library, if the debt exists, it’s a DDA debt,” said Supervisor Kathy Thurman at the meeting. “If the DDA doesn’t voluntarily pay it, then the township could diverge future collections from the DDA. The library attorney is supposed to get back with our attorney after speaking with the library board. He recommends we not take any action at this time, but he does say moving forward we might want to insist that the library file action at the tax tribunal, but he is hoping that the library and the DDA can reach a resolution that the township can follow.”
The amount in question totals just over $7,300.
“It’s our fault,” said Trustee Dana DePalma. “So it is part our responsibility.”
Thurman said she had not talked to the DDA about the issue, but expressed intent to organize a meeting with the three boards to hash out a solution.
“It seems to me the ultimate responsibility falls on us for capturing those funds and averting them to the proper accounts, whether it be the DDA or the library,” said Trustee Bob Marshall. “It seems to me the easiest way would be for us to pay the $7,300 some dollars and then work with the DDA to get it back. If that means we don’t fund the DDA up to that point in the future, I hate to see the library suffering for $7,300 when $7,300 isn’t going to break us and it very well might cause them some difficulty financially.”
The library board is asking for the township to pay them the funds to the library.
“We are now spending our time, our money on our CPA with our attorney to try and resolve these issues, when it’s errors being made by the township and the township should take care of it in a timely manner,” said Gault. “We do not think it is our responsibility or our place to deal with the DDA on this issue.”
Gault also brought up a second tax issue, claiming that around three year’s worth of personal property tax reimbursement has not been paid to them either, totaling around $24,000.
“I don’t know how three years of money not being paid to you has gone this long,” said Candee Allen, township clerk. “I guess I don’t understand the whole thing, but aren’t you audited every year, we’re audited every year, so I would love to get a resolution as soon as we can.”

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