- National Association of Counties

NATIONAL ASSOCIATION OF COUNTIES ■ WASHINGTON, D.C.
VOL. 41, NO. 22 ■ NOVEMBER 16, 2009
Counties
feel budget
crisis–worst
yet to come
Climate bill
advances
in Senate
committee
BY JULIE UFNER
BY JIM PHILIPPS
ASSOCIATE LEGISLATIVE DIRECTOR
MEDIA RELATIONS MANAGER
The nation’s midsize and smaller
counties are experiencing the full
effects of the down economy and
are struggling to cope with declining
revenues as are larger counties and
states, according to a new NACo
survey.
Nearly half of the responding
counties, 47 percent, said their
anticipated budget shortfall was
See ECONOMY page 2
Photo by Dalen Harris
QuickTakes
NACo President Valerie Brown (standing) and other executive team members join NACo‘s Large Urban
County Caucus steering committee at the caucus’ annual retreat in Broward County, Fla. LUCC’s leadership selected their legislative priorities for 2009-2010. Read about them on page 5.
Five Most
Economically
Stressed Counties
1. Imperial County, Calif.
2. Yuma County, Ariz.
3. Merced County, Calif.
4. Lyon County, Nev.
5. Lauderdale County, Tenn.
Source: The Associated Press Stress Index, October 2009
Bill aims to modernize Altemus to
depart NACo
voter registration
BY STEVE TRAYLOR
ASSOCIATE LEGISLATIVE DIRECTOR
Voting reform advocates — along
with many in Congress — believe
that the nation’s current voter
registration policies are out-of-date,
inaccurate and costly. These inefficiencies, they argue, can lead to
voter disenfranchisement.
However, even well-intentioned
efforts to modernize the voter registration process are countered by
claims that doing so will open the
door for increased voter fraud and
impose an impractical, one-size-fitsall unfunded mandate on election
officials across the country.
These conflicting positions were
evident at the Oct. 21 hearing
before the House Subcommittee on
Elections that focused much of its
attention on the Voter Registration Act
of 2009 (H.R. 1719).
H.R. 1719, introduced by Rep. Zoe
Lofgren (D-Calif.), seeks to promote
after Nov. 3
election loss
the use of the Internet by state and
local election officials in carrying
out voter registration activities.
Specifically, the bill would require
official voter Web sites to:
• permit online access to voter
registration application forms
• offer online assistance to
applicants to complete voter
registration application forms
• permit online completion
and submission of voter registration application forms, and
• require online notification
that the form has been received and
voting registration is complete.
Furthermore, H.R. 1719
would require that voters be
able to update their registration
information online and would
prohibit the removal of registered
voters included on the state’s
computerized voter registration
list for failing to vote.
NACo President-elect Teresa
Altemus lost her bid for a fifth
term as Gloucester County, Va.
supervisor Nov. 3.
Her defeat opens
a slot on NACo’s
leadership team,
which will be
filled by election
Teresa
at NACo’s 2010
Altemus
Annual Meeting
in Washoe County (Reno), Nev.
In the meantime, NACo First
Vice President Glen Whitley will
fill the president-elect vacancy after
Altemus’ supervisory term ends
See VOTERS page 7
See ALTEMUS page 3
BY BEVERLY SCHLOTTERBECK
The Senate Environment and
Public Works (EPW) Committee
passed a comprehensive climate
change bill Nov. 5 with no Republican votes and one Democrat
dissent.
The 11–1 vote capped several days
of political drama as Republican
members of the committee insisted
on a second economic analysis of the
bill from Environmental Protection
Agency (EPA) and boycotted committee meetings in an effort to force
the analysis.
Committee Chair Barbara
Boxer, D-Calif., refused their
request and brought the bill forward
for a vote.
The bill in question is S. 1733, the
Kerry-Boxer Clean Energy Jobs and
American Power Act. It proposes
to use a mandatory cap-and-trade
mechanism to cut greenhouse gas
(GHG) emissions by 20 percent
See CLIMATE page 11
INSIDE >>
EXECUTIVE EDITOR
Mecklenburg County, N.C.,
bike clubs team up to build
accessible bike trail >> Page 9
Recovery Act provisions could
trip up county projects
>> Page 3
Maine, Washington voters
beat back TABOR >> Page 5
Howard County, Md. first
to ban minors from tanning
salons >> Page 7
2 November 16, 2009
CountyNews
County
News •
Senate hearing focuses on reducing recidivism at local level
BY DONALD MURRAY
SENIOR LEGISLATIVE DIRECTOR
The Senate Subcommittee on
Crime and Drugs held a landmark
hearing that focused exclusively on
the potential of reducing recidivism
at the local level.
The hearing, chaired by Sen.
Ben Cardin (D-Md.) was the first
congressional hearing to devote its
full attention to the reentry issue
at the front end of the corrections
system with major emphasis given
to pre-trial services and the jail itself
as critical staging areas for lowering
recidivism and reducing crime.
Amy L. Solomon, a senior
research associate at the Justice
Policy Center of the Urban Institute
in Washington, set the general
framework for the discussion. “For
the past 10 years, we’ve focused on
the more than 700,000 prisoners
returning home each year from
state and federal prisons,” she said.
“Only recently have the 12 million
to 13 million releases from local
jails gained attention.”
“The traditional approach to
incarceration is to keep inmates
locked up—away from society—to
keep us safe. With little treatment
and transition planning, most
people are released with the same
problems that got them locked
up in the first place. To be clear,
business-as-usual does not produce
the results we want, Solomon
added.
“Since almost everyone in jail
will eventually return home, the big
questions is: How do we imprison
and release people in a way that
makes them less likely to reoffend
and more likely to work, support
their families, pay taxes, and be
productive members of society?”
Suffolk County, Mass. Sheriff
Andrea J. Cabral, a national expert
on county corrections, noted that
reentry programs and services are
particularly effective at the county
level, because the average length
of sentences is relatively short and
the offender’s ties to family and
community are not as severely or
irretrievably broken.
Cabral noted that the House
of Corrections in Suffolk County
Stefan LoBuglio
Montgomery County, Md.
holds approximately 1,500 inmates, 95 percent of whom live
within five miles of the facility.
“The decisions they make within
the first 48 hours after release will
largely determine whether, if at
all, they return to custody within
six months to a year,” she said.
“The goal of re-entry programs is
to provide support, skills, resources
and more opportunities to make
positive choices.”
Each year, she added, 65,000
inmates are released statewide
from the county system into the
community compared to just 3,000
from the state.
Many inmates especially those
with persistent drug and alcohol
addictions and who have extensive
involvement with the criminal justice system, live on life’s margins,
she said.
They have little or no job history, no stable housing, are grossly
undereducated — approximately 50
percent of Suffolk County House of
Corrections inmates are high school
drop outs — have suspended or
revoked drivers licenses or no form
of state-issued identification.
They are also a “sick” population, with chronic diseases like high
blood pressure, diabetes, asthma,
HIV and other sexually transmitted
diseases, and hepatitis. There is also
a high incidence of mental illness
in this population.
Stefan LoBuglio, chief of prerelease and re-entry services in
Montgomery County, Md. called
Economy not through with beating on counties
ECONOMY from page 1
worse than expected and four out
of five respondents (82 percent) said
the shortfalls will continue into their
next fiscal year.
Further, the survey showed that
counties are taking any and all actions to cope with sharply declining
revenues — from travel restrictions
and delaying purchases to more
drastic actions such as cutting
services, increasing taxes, furloughs
and layoffs.
One hundred thirty-eight counties from 34 states responded to the
survey, which was sent randomly to
1,500 counties across the country
in late October. The sample group
consisted primarily of midsized to
smaller-populated counties.
“The survey findings suggest
that counties large and small are
experiencing their worst budget
and revenue crisis since the early
1990s,” said NACo Executive Director Larry E. Naake. “The great
challenge for counties of all sizes
in the months and years ahead is
continuing to provide essential
services to residents who are relying more on county services and
programs.”
The survey noted that the leading sources of revenue shortfalls
are property taxes (52 percent),
state or federal aid (50 percent)
and sales taxes (46 percent).
The survey showed how counties are taking an “all of the above”
approach to address shrinking
revenues and continue to provide
essential public services. For example, less severe budget actions
counties are taking include:
• delaying purchases or repairs
(60 percent of responding counties)
• delaying capital investments
(54 percent)
• use of rainy day/reserve
funds (44 percent), and
• travel restrictions (41 percent).
However, a significant number
of responding counties said they
are taking more severe actions
to cope with declining revenues,
including:
• salary and/or pay freezes (59
percent);
• hiring freezes (49 percent);
• increasing property taxes (15
percent).
• layoffs (26 percent); and
• furloughs (12 percent).
Other actions include renegotiating labor contracts (13 percent),
increasing the local option sales tax
rate (2 percent), reorganizing county
fleets (13 percent) and implementing
four-day work weeks (7 percent).
The NACo survey also aimed
to determine how counties are
being affected by the $787 billion
American Recovery and Reinvest-
ment Act, which was signed into
law by President Barack Obama in
February.
About two-thirds of the responding counties (61 percent) said they
expect to receive funding as a result
of the Recovery Act. However, most
counties said they have received less
than half of the expected funds so
far. The majority of anticipated
funds are through the new Energy
Efficiency and Conservation Block
Grant program, the Community
Development Block Grant Program, and various transportation
programs.
America’s metropolitan counties
are suffering with declining revenues
as well. An October 2008 NACo
survey of larger counties (more than
100,000 residents) found that twothirds of those responding counties
anticipated a shortfall this fiscal year
resulting in budget-fix remedies such
as salary and hiring freezes, service
cutbacks, furloughs and layoffs. (See
survey links below)
“The Recovery Act funds are
slowly making their way to counties
and will no doubt help fill some
budget deficits and keep some
programs afloat,” Naake said. “Our
grave concern: Is what happens to
state and county budgets when the
federal economic stimulus dollars
end next year?”
for federal incentives “to develop an
infrastructure of One-Stop Reentry
Residential Centers.
“These centers, similar to the
center in Montgomery County,
would transition individuals leaving local jails, and federal and state
prisons through a regimen of work,
treatment and family engagement in
the last months of their sentence,”
LoBuglio explained.
Under questioning by Cardin,
LoBuglio noted that the Montgomery center was established in 1978.
It was to be a model for the counties
in Maryland but replication “hasn’t
happened” and “few” similar centers exist in the country.
LoBuglio praised NACo and the
Council of State Governments for
advancing state-county partnerships
for community corrections and for
promoting the concept of “justice
reinvestment” that is using the savings from lowering jail and prison
populations and plowing it back into
prevention, treatment, housing and
other essential re-entry services.
The Second Chance Act in
FY10 would be funded by the
House at $100 million and by the
Senate at $50 million. An effort
is now underway to support the
House bill in conference.
President | Valerie Brown
Publisher | Larry Naake
Public Affairs Director | Tom Goodman
Executive Editor | Beverly Anne Schlotterbeck
Senior Staff Writer | Charles Taylor
Staff Writer | Charlie Ban
Graphic Artist | Jack Hernandez
Editorial Assistant | Christopher Johnson
ADVERTISING STAFF
Job Market/Classifieds representative
Christopher Johnson
National Accounts representative
Beverly Schlotterbeck
(202) 393-6226 • FAX (202) 393-2630
Published biweekly except August by:
National Association of Counties
Research Foundation, Inc.
25 Massachusetts Ave., N.W.,
Ste. 500, Washington, D.C. 20001
(202) 393-6226 | FAX (202) 393-2630
In Case You Missed It ...
News to Use from Past County News
X NACo announces new round of Five Star
Applications
Applications are now available for the 2010 round of NACo’s
Five Star Restoration grants. These grants, ranging from $10,000
to $40,000, are made available through a partnership with the National Fish and Wildlife Foundation, U.S. EPA, the Wildlife Habitat
Council, Southern Company, Pacific Gas and Electric, and newest
partner FedEx.
To apply for a Five Star grant, visit the online application at www.
nfwf.org/fivestar. This site also has information about the grants, past
projects and partnerships. Applications close Feb. 11, 2010.
If you have any additional questions, please contact Carrie Clingan
at [email protected] or at 202/942-4246.
E-mail | [email protected]
Online address | www.countynews.org
The appearance of paid advertisements in County News
in no way implies support or endorsement by the National Association of Counties for any of the products,
services or messages advertised. Periodicals postage
paid at Washington D.C. and other offices.
Mail subscriptions are $100 per year for non-members.
$60 per year for non-members purchasing multiple copies. Educational institution rate, $50 per year. Member
county supplemental subscriptions are $20 each. Send
payment with order and address changes to NACo, 25
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(USPS 704-620) ■ (ISSN: 0744-9798)
© National Association of Counties
Research Foundation, Inc.
• County
CountyNews
News
Novembe 16, 2009 3
ARRA’s ‘Buy American’ requirement could test counties
BY MIKE BELARMINO
SPECIAL PROJECTS COORDINATOR
Two provisions of the massive
American Recovery and Reinvestment
Act (ARRA) could prove nettlesome
for counties. The Buy American restrictions and the Davis-Bacon wage
requirements add new wrinkles to
an already complex process aimed at
providing transparency and accountability for spending federal government
funds.
Following is the first of a two-part
series that will examine the implications of these provisions for local
governments, starting with the Buy
American rules.
The 2009 American Recovery
and Reinvestment Act (ARRA or
the Recovery Act) imposes a “Buy
American” requirement upon
recipients, including counties, for
the use of funds in infrastructure
projects involving the construction,
alteration, maintenance or repair of
public buildings and public works.
A concept whose origin dates
back to the 1930s, Buy American’s
most recent version, found in
Section 1605 of the act, similarly
requires that all of the iron, steel
and manufactured goods used in
infrastructure projects be produced
in the United States.
Compliance with the requirement must be applied in a manner
consistent with U.S. obligations
under international agreements
and does provide for waivers under
certain circumstances.
The three situations where
counties may apply for waiver are
when:
1) the iron, steel or manufactured good is not produced
or manufactured in the U.S. in
sufficient and reasonably available commercial quantities of a
satisfactory quality,
2) the cost of domestic iron,
steel or relevant manufactured
good would increase the cost of
the overall project by more than
25 percent, or
3) application of the Buy American restriction would be inconsistent with the public interest.
Adhering to the Buy American
requirement has its challenges, and
although determining which projects the requirement is applicable
to is fairly straightforward, the
simplicity generally ends there.
Challenges Counties Face
The challenge for counties can
arise in several forms. One could
be assessing the likelihood that
a waiver would be granted on a
particular project funded by the act.
Another could be the effort put into
determining whether the requirement is applicable to a particular
item because it is unclear whether it
is a manufactured good, as defined
Altemus’ enthusiasm
marked her NACo tenure
ALTEMUS from page 1
Dec. 31, 2009, and by convention,
will move up to become NACo
president at the 2010 Annual
Conference.
NACo Second Vice President
Lenny Eliason will also move
into the first vice president’s slot,
effective Jan. 1, 2010.
NACo officers must be currently serving as elected county
officials.
“Teresa has served NACo
well over the past several years.
We will miss her enthusiasm for
the association and its members.
Teresa was one of NACo’s biggest fans. We wish her well in
the future,” said NACo President
Valerie Brown.
Altemus has been an active
NACo member for more than 10
years. Most recently, she chaired
the association’s Finance Committee and was the Executive
Committee’s liaison to the Infor-
mation Technology Committee,
Conference Advisory Committee
and Deferred Compensation
Committee.
She served for seven years on
the Human Services and Education Steering Committee, which
she chaired from 2003 through
2006. Linn County, Iowa Supervisor Lu Barron, who served as a
vice chair on the committee under
Altemus, said she enjoyed working
with her. “Teresa was always wellprepared. She was also not afraid
to have the committee tackle tough
policy issues. I respected her for
her leadership.”
She also had been an active
member of the Rural Action
Caucus, Membership Committee,
Audit Committee and the Homeland Security Task Force.
When first elected in 1993,
she was the first woman and the
youngest person to serve on the
Gloucester County, Va. Board of
Supervisors.
agency, which may ultimately
provide relief or frustration.
As a source of relief, agencies can initiate actions such as
granting a limited waiver of the
Buy American requirement with
respect to the use of funds under a
Federal Agency Roles
County efforts could also be particular program. For example,
helped or limited by the funding the National Telecommunica-
by the law, or simply a supply item.
Another challenge to navigate
would be wading through programspecific guidance if and when it is
published by an agency.
First ARRA Reporting
Hurdle Cleared
On Oct. 30, the first full set of recipient data was published on
www.recovery.gov. This data encompasses the receipt and use of
Recovery Act funds in the form of grants, loans, and contracts
up to Sept. 30. As of the publish date for the data, the receipt
and use amounted to $52.1 billion in Recovery Act funding and
640,329 jobs created or saved. There are no reporting requirements on the receipt and use of Recovery Act funds in the form
of tax benefits and entitlements.
Besides the funding amount and jobs data, users can interact
with several of the site’s features to drill down and find locationspecific data. For example, a user searching the homepage map
can see that more than 30 recipients in Gwinnett County, Ga.
reported awards for the first deadline. That same user can also
access data summaries to see more specific data such as Gwinnett
County’s receipt of more than $1.7 million to support homelessness prevention and re-housing initiatives.
The Section 1512 reporting requirements are above and
beyond any program-specific requirements imposed by the
funding agency. The next deadline for submitting reports to
www.federalreporting.gov is Jan. 10, 2010.
tions and Information Administration granted a limited waiver
of the Buy American requirement
as it relates to using funds for essential components of a modern
broadband infrastructure under
the Broadband Technology Opportunities Program. (When
was the last time you bought a
computer that was 100 percent
made in America?)
On the other hand, agencies
that are slow to release guidance
on how the provision applies
to projects funded under their
jurisdiction can frustrate or confuse project planners resulting in
delays. For example, the Department of Energy has yet to release
program-specific guidelines for its
Energy Efficiency and Conservation Block Program nor has it
indicated whether any categorical
exceptions will be granted.
For counties to successfully
comply with the requirement,
they must follow these three
steps.
First, ensure that all interested
parties at the county level understand Section 1605 of the act.
Second, refer to any programspecific guidance published by
the funding agency as it relates
to the requirement. And finally,
when questions and issues arise,
contact the agency’s contracting
officer, as soon as possible.
4 November 16, 2009
CountyNews
County
News •
Supreme Court cases attract counties’ attention
BY JACQUELINE BYERS
RESEARCH DIRECTOR
The new U.S. Supreme Court
term may prove important for many
cases that could impact county
governments across the county.
Pottawattamie County, Iowa v.
Harrington, argued Nov. 4, revisits
prosecutorial immunity and the
boundaries of absolute immunity
for prosecutors, and circumstances
in which prosecutors can be sued
for money damages by defendants
whose convictions are later overturned.
The two criminal defendants
who are suing prosecutors were
tried and convicted of the murder
of a security guard in Council
Bluffs, Iowa in 1978. Terry Harrington and Curtis McGhee Jr.
were convicted in 1978 of the
murder of retired Council Bluffs
police officer.
The men were released from
prison after the Iowa Supreme
Court in 2003 ruled that former
Pottawattamie County Attorney
David Richter and his deputy Joseph Hrvol withheld vital evidence
from the defendants that pointed
to a more likely suspect.
SpeedRead »»»
» Iowa case revisits prosecutorial
immunity
» Beach replenishment at heart of
Fla. eminent domain case
» High court to hear False Claims
Act case from N.C.
In a subsequent suit against the
prosecutors, McGhee and Harrington alleged the prosecutors,
in fact, manufactured evidence to
frame them for the murder.
In 2003, the Iowa Supreme
Court overturned Harrington’s
conviction and McGhee entered
a plea agreement that converted
his sentence to one of time served.
The basis for the Iowa Supreme
Court’s ruling was its holding
that the county attorneys who
prosecuted the two defendants
had failed to disclose exculpatory
evidence.
In 2005, Harrington and
McGhee sued Pottawattamie
County and the prosecutors
who handled their case in 1978.
Among their allegations, the pair
claimed the prosecutors coerced
false witness testimony during
the pre-indictment, criminal investigation stage of the case, and
introduced false testimony against
them at trial. They are trying to
hold Pottawattamie County and
the two retired prosecutors liable
in monetary damages for their
wrongful convictions and 25 years
of wrongful incarceration.
Eminent domain will come
up in Stop the Beach Renourishment, Inc. v. Florida Department of
Environmental Protection. This case
is the court’s first look at takings
since June 2005, when the court
issued three opinions in the Kelo,
Lingle and San Remo Hotel cases.
At issue is whether Florida’s
Beach and Shore Preservation
Act unconstitutionally deprives
coastal property owners of just
compensation in violation of the
Fifth Amendment.
The law provides for replenishing eroded beaches with new sand
that becomes public land, cutting
off property owners’ private access
to the water. The plaintiffs are
beachfront property owners in
Destin, Fla., who are challenging
an Okaloosa County project that
would widen the beach by 210
feet over nearly seven miles of
shoreline. (See County News, July
27, 2009)
This is a regulatory takings
case where the Florida Supreme
Court, in a 5–2 decision, rejected
the beachfront property owners’
challenge to a state law authorizing
beach replenishment through creation of sand dunes and asserting
public ownership to the created
land area. The Florida Supreme
Court concluded that the law
did not constitute a compensable
taking.
Graham County Water Conservation District v. United States ex rel.
Wilson seeks to determine if plaintiffs can use information about
local or state governments revealed
in a government’s annual audit
report to file a complaint under
the federal False Claims Act. The
False Claims Act allows whistleblowing third parties to file action
against federal contractors, claiming fraud against the government.
Confusion about the interpretation
has arisen because Congress failed
to make this point clear in the
relevant provision of the act, so
appeals courts are divided on the
interpretation. By filing under the
False Claims Act, the plaintiffs are
seeking to be awarded a portion
of the damages recovered through
their whistleblower activity.
2008-2009 Term
Decisions
A recap of the term that ended
in June 2009 reveals several decisions that affect how counties
perform certain county programs
and activities.
In Arizona v. Johnson, decided
Jan. 26, the court ruled that a
police officer’s “pat down” of a
passenger during a routine traffic
stop was reasonable, according to
the Fourth Amendment. In this
case the officer was an expert on
gangs and had sufficient reason
and concern that the passenger was
armed and dangerous.
In Van de Kamp v. Goldstein,
also decided on Jan. 26, the court
held that prosecutors and their
bosses have absolute immunity
from suits.
The Carcieri v. Salazar decision,
decided Feb. 24, resolved the issue
of whether the secretary of the
interior can take land into trust
for a Native American tribe, giving
tribal jurisdiction over the land if
the tribe was not federally recognized in 1934, when the Indian
Reorganization Act was enacted.
The court ruled that the secretary
can only take lands into trust for
those tribes that were recognized
in the 1934 act, not any tribes that
were recognized at a later date.
The issue of taking Indian lands
into trust is a serious concern to
many county officials with tribal
neighbors.
Ricci V. DeStefano, decided on
June 29, found that the City of
New Haven, Conn. violated the
civil rights of majority applicants
for promotions to officer positions
in the city fire department when it
decertified the results of an officer’s
candidate examination because all
of the top scores necessary to be
promoted, were received by majority applicants with no minorities
included in these top rankings.
The city alleged that it was
trying to avoid a disparate impact
suit from the minority applicants
by failing to recognize the results
of the examination.
The court found that the city
did not provide the required strong
basis in the evidence needed to override the results of the civil service
exam. The court ruled that the
city’s conduct violated Title VII’s
prohibition of intentional, racebased disparate treatment.
Forest Grove School District v. T.A.,
decided June 22, answers whether
the Individuals with Disabilities
Education Act (IDEA) permits
private school tuition reimbursement to parents of children who are
unilaterally placed in private school
without the public school board
participation and prior agreement
on placement, and without the
child’s ever having received special
education services from the public
school district.
The court ruled that IDEA authorizes reimbursement for private
special-education services when a
public school fails to provide a “free
and accessible public education”
and the private-school placement is
appropriate, regardless of whether
the child previously received
special-education services through
the public school or not.
Profi
file
les in Service
» Larry L. Johnson
Health Program Manager
DeKalb County, Ga.
Vice Chair – Health Steering
Committee
Number of years active in NACo: 7
Years in public service: 7
Education: Master’s degree in public health
The hardest thing I’ve ever done: raising my daughter
Three people (living or dead) I’d invite to dinner: Jesus Christ,
Martin Luther King, Jr. and Theodore Roosevelt
A dream I have is to: have all children have an opportunity to get
a good education.
You’d be surprised to learn that I: like reality TV shows.
The most adventurous thing I’ve ever done is: fly a plane at 16
years of age.
My favorite way to relax is: to watch sports.
I’m most proud of: my wife getting her Ph.D and my daughter
graduating from high school.
Every morning I read: Proverbs.
My favorite meal is: any Chicago-style food.
My pet peeve is: people who talk and show no action.
My motto is: “Speak softly and carry a big stick.”
The last book I read was: A Purpose Driven Life.
My favorite movie is: Lord of the Rings.
My favorite music is: R&B.
My favorite president is: Barack Obama.
• County
CountyNews
News
Novembe 16, 2009 5
Rejected tax limits dominate Election Day news
BY CHARLIE BAN
STAFF WRITER
Voters in Maine and Washington
state rejected efforts to limit taxes
and a major Ohio County will get
home rule and a new government
structure under ballot measures
considered in the Nov. 3 off-year
elections.
TABOR
Maine and Washington voters
confronted tax limit “taxpayer bill
of rights” questions that would have
limited increases in annual state
revenue to the rate of inflation, plus
population growth. Any taxes above
and beyond the revenue cap would
have been used to lower property
taxes the following year. Both were
defeated.
In Maine, TABOR lost ground
from the last time it faced public
vote. It caught only a 40 percent
favorable vote this year, compared
to 46 percent in 2006.
“Maine voters are tired of voting
on this, it keeps getting the same
results,” said Bob Howe, executive
director of the Maine County Commissioners Association.
“It lost by a substantial margin.
This is not a time when people want
to see more cuts in government
services — that’s all they have seen
the last few years.”
Voters in Washington rejected
their own TABOR question —
Initiative 1033, with a 55 percent
vote. Approximately 22,000 people
in King County did not vote either
way for I-1033.
Meanwhile, Maine voters also
resoundingly rejected an excise tax
shift. The tax cut would have applied
Large Urban County
Caucus sets 2009-2010
legislative priorities
BY DALEN A. HARRIS
ASSOCIATE LEGISLATIVE DIRECTOR
Leaders of NACo’s Large Urban
County Caucus (LUCC), meeting
at their annual retreat, selected four
focus areas to define their legislative
priorities for 2009-2010. The areas
target heath care, transportation, urban communities and government
operations. They include:
• Restoring the Partnership for
American Health: Counties in a 21st
Century Health System
• Supporting the Nation’s Transportation Network
• Building Urban Communities,
and
• Improving Government Operations.
Broward County, Fla. Commissioner and LUCC Chair Ilene
Lieberman hosted the three-day
retreat in Ft. Lauderdale.
Each of the four areas has a
number of specific objectives. For
example, under the Restoring the
Partnership for American Health,
one legislative objective is to restore
federal entitlement to health benefits
(H.R. 2209) and VA benefits for jail
inmates not yet adjudicated.
Supporting the Nation’s Transportation Network would be substantially concerned with the reauthorization of SAFETEA-LU, the nation’s
primary surface transportation
program. Among the items LUCC
members want to see in the legisla-
tion is an increase in funding for the
Surface Transportation Program,
distributed according to population,
and a similar increase in funding for
the Federal Bridge Program.
Building Urban Communities
includes a number of issues such
as funding for water infrastructure,
lowering recidivism rates in county
jails and state prisons, funding
for HUD’s CDBG, HOME and
neighborhood and energy efficiency
programs.
And in the fourth area, Improving Government Operations, LUCC
supports passing the Restore the
Partnership Act and will advocate
for strengthening emergency response in all circumstances, among
other objectives.
In each of the focus areas, LUCC
members will monitor activities,
facilitate discussions with relevant
stakeholders and advocate on these
pressing metropolitan focus areas.
Comprised of senior elected
officials from across the nation,
LUCC will continue to identify
urban challenges, provide input
in the development of national
solutions and implement grassroots
programs that assist metropolitan
communities nationwide.
To learn more about LUCC,
visit www.naco.org/LUCC where
regular updates on metropolitan
legislative priorities, initiatives,
events and other activities will be
posted throughout the year
only to vehicles newer than six years
old, yet would have undermined a
large source of tax revenue for municipalities. It failed nearly 3–1.
Voters in the Pine Tree State approved a “people’s veto” of the law
that legalized same-sex marriage in
their state by a 30,000 vote margin.
The Legislature passed the marriage law in May and the governor
campaigned against the veto.
Washington state passed Referendum 71, which expanded benefits
for registered same-sex and some
senior domestic partners of state
employees.
Ohio
In Ohio, voters around Cleveland
diffused legislative and executive
powers from three commissioners
to a host of council members and an
executive. Cuyahoga County voters
spread the power in their government by approving Issue 6 with 66
percent of the vote. That turns the
three commissioner Board into an
11-member County Council, with
a county executive, splitting executive and legal authority. All elected
administrative offices will become
appointed positions, the executive
selecting his or her team, subject to
the council’s approval.
The measure also gives Cuyahoga
County home rule powers, with the
ability to amend its charter.
In 16 municipalities, including
many of the county’s most affluent,
the measure passed by at least 75 percent. Voters in Cleveland supported
it by less than 60 percent.
Two commissioners posed their
own Issue 5, which would have
delayed any movement to reorganize
government for a year, but that was
rejected by 72 percent of county
voters.
Casinos are on their way to
Cincinnati, Cleveland, Columbus
and Toledo after voters approved a
constitutional amendment allowing
casinos and taxing 33 percent of their
revenues.
Republican state lawmakers unhappy with the vote are working on
a 2010 ballot measure to increase the
tax rate from 33 percent to 60 percent.
Gaming analyst Dennis Forst, for
KeyBanc Capital Markets in Los
Angeles, expects casino operators to
turn their sights now to Kentucky, a
lone casino holdout in the region,
according to the Associated Press.
Ohio voters generally gave a
thumbs-up to higher taxes for
schools and other local issues, while
less than half of proposed county
sales tax increases were granted
approval. Of the eight that were
subject to votes, only three were
endorsed. Those included: a 0.25cent tax for a 911 system in Gallia
County; the retention of a 0.5-cent
tax for general revenue in Hancock
County; and the failure of a repeal
vote on a permissive 0.5-cent tax in
Stark County.
Voters declined to approve sales
tax increases in Ashland, Columbiana and Mahoning counties, voted
against retaining one in Lorain
County and voted to repeal a tax
increase in Allen County.
Texas
Even though a Texas taxpayers’
group referred to several propositions passed by Texas voters as “the
most significant property tax reform
in 30 years,” Texas county officials,
in general, can live with the results.
“These props were actually crafted
compromises that were generally
supported by our county groups
during the session … i.e., better
those [props] than constantly fighting caps on the floor of the House.
Hopefully they will also help the
taxpayers,” said Texas Association
of Counties Executive Director
Karen Norris.
Proposition 2 requires that tax
appraisals of a person’s primary
residence be pegged to the site’s
value as a homestead, instead of
to a widely used “highest-andbest use” standard, such as the
property’s potential for commercial
development.
Proposition 3 allows the state
to impose uniform standards for
property appraisals for all 254 Texas
counties, and Proposition 5 gives
adjoining counties the ability to
consolidate their appraisal review
boards.
6 November 16, 2009
CountyNews
County
News •
Upcoming
NACo Webinars
NACo offers its members various educational and training
opportunities to support county officials in their efforts to manage
rapid change and prepare counties for new responsibilities. Register
today to participate in FREE informative webinars. All you need is a
computer with Internet access and a phone line.
■ ARRA and Rural Broadband Partnership Opportunities
Thursday, November 19, 2009 • 2–3:15 p.m. EST
The Recovery Act contained $7.2 billion in funds for rural broadband deployment. A second Notice of Funds
Availability (NOFA) is expected at the end of November for a portion of this funding with a third NOFA anticipated
as well. This webinar will offer an overview of private, nonprofit and public sector partners who are interested in
partnering with counties on broadband deployment projects. For more information about broadband funding
opportunities, go to www.broadbandusa.gov.
Please contact Erik Johnston at 202/942-4230 or [email protected] with questions.
■ County Investments in Green Infrastructure
Thursday, December 3, 2009 • 2–3:15 p.m. EST
Counties are discovering innovative systems for multiple-use county parks and open spaces. These spaces conserve
water, treat stormwater runoff, protect homes and businesses in floods, remove airborne particles and save energy.
This webinar will introduce participants to green infrastructure and discuss emerging opportunities to reduce
pollution before it enters into your county’s drainage systems by using these systems. The webinar will feature case
studies from Onondaga County, New York and Alachua County, Florida illustrating how counties are successfully
applying green infrastructure tools.
Please contact Cindy Wasser at 202/942-4274 or [email protected] with questions.
■ Five Star Restoration Grants
Thursday, December 10, 2009 • 2–3:15 p.m. EST
The Five Star Restoration Program provides $10,000 to $40,000 grants on a competitive basis to support
community-based wetland, riparian and coastal habitat restoration projects that build diverse partnerships
and foster local natural resource stewardship through education, outreach and training activities. Learn about
the application process, key project elements and other helpful information to make your application stand
out in the crowd.
Please contact contact Carrie Clingan at 202/942-4246 or [email protected] with questions.
■ Wildfire Planning, Inspecting and Insurance Costs Webinar
Tuesday, December 15, 2009 • 2–3:15 p.m. EST
Wildfires are a concern to many counties across the nation. Learn about wildfire risks facing residents and
business owners across the country and the importance of undertaking wildfire mitigation measures to reduce
the risk of wildfire while at the same time reducing insurance costs. The webinar will explore the role of county
elected officials, planners, and fire officials in implementing appropriate mitigative practices and ensuring that
affordable and adequate fire insurance is available to all homeowners.
Please contact James Davenport at 202/661-8807or [email protected] with questions.
■ Youth Detention Reform:
Saving County Dollars and Achieving Results in Tough Times
Thursday, December 17, 2009 • 2 –3:30 p.m. EST
The current economic crisis presents an opportunity to implement youth detention reform strategies that save
money without sacrificing public safety. One such strategy that has been extremely effective and influential
is the Annie E. Casey’s Juvenile Detention Alternatives Initiative (JDAI). Learn about savings implications, how
county commissioners are essential to youth reform, and the great results JDAI has achieved on behalf of
justice-involved youth in the past 15 years. The presentation will be given by Bart Lubow, director, Programs
for High Risk Youth at the Annie E. Casey Foundation.
Please contact Kati Guerra at 202/942-4279 or [email protected] with questions.
To register for any of these webinars, visit www.naco.org/webinars
• County
CountyNews
News
Novembe 16, 2009 7
Howard County,
Md. bans minors
from tanning beds
BY CHARLES TAYLOR
SENIOR STAFF WRITER
Indoor tanning beds are now
off limits for anyone under age
18 in Howard County, Md. under
new regulations passed recently.
The county is believed to be the
first in the nation to enact such a
restriction.
Baltimore County, Md. and Suffolk County, N.Y. are considering
similar measures. At least 29 states
and four counties have parental
consent laws or regulate some
aspect of indoor tanning facilities, according to Elizabeth Edsall
Kromm, director of Howard’s
Bureau of Healthy Community
Development.
Howard County’s nine-member
Board of Health unanimously
banned tanning beds for minors
effective Nov. 12 — unless they
have a doctor’s prescription stating
the nature of the medical condition
to be treated, the number of visits
allowed and the time of exposure
per visit. The regulations will also
govern sanitation and hygiene
practices of tanning facilities.
Violators will face civil penalties
such as fines.
“I think the most important
thing is it’ll protect the children
of Howard County from being
unnecessarily being exposed to
a known carcinogen,” said Peter
L. Beilenson, M.D., the county’s
health officer.
Earlier this year, the International Agency for Research on Can-
cer, an arm of the World Health
Organization, classified indoor
tanning devices as “Group One”
cancer-causing agents. Further,
the WHO and the American
Academy of Dermatology
recommend preventing youth
access to tanning beds, county
officials said.
Maryland state legislators
passed a law requiring parental
consent for minors to patronize
tanning salons earlier this year.
Opponents of the Howard ban
had argued that government was
taking over the role of parents, but
Dr. Beilenson disagrees. “Just as
we don’t allow parents to consent
for kids buying a pack of Marlboros, there’s no reason we should
allow parents to consent for their
kids using [tanning] beds.”
John Overstreet is executive
director of the International Tanning Association (ITA). “This is
a big deal for our industry,” he
said. “Basically what they did
will put this industry out of that
county.”
He wouldn’t say whether his
trade group plans a legal challenge
to the regulations but added: “I
don’t think that health department had the authority to do what
they did. The proposal that they
put forward went way further than
just addressing that issue.”
Kromm doesn’t think the
businesses will be harmed. She
said industry experts have said
that only about 5 percent of their
clientele is under 18.
Other Provisions of Tanning
Bed Regulations
In addition to restricting minors’ access to tanning beds,
Howard County, Md.’s new regulations do the following:
• requires customers to sign a warning statement before being
allowed to use a tanning device
• requires warning signs to be posted in conspicuous areas
• requires tanning facility personnel to complete industryapproved training that includes topics such as the operation
and maintenance of equipment, and safety aids; need and use
of protective eyewear; skin typing; identification of potential
photosensitizing drugs and other factors used to determine a
customer’s exposure time
• permits the county health officer to file a complaint with
the Office of Consumer Affairs in response to certain false or
misleading advertising and promotions
• provides that a person may file a complaint with the health officer if they think a tanning facility isn’t following the rules, and
• requires tanning facilities to register their business with the
health officer each year.
Online registration improves voter access
VOTERS from page 1
In comments submitted to
the subcommittee, the National
Association of Elections Officials
acknowledged that “Internet voter
registration can be a useful process to
continue to improve open access to
the democratic process in America.”
Six states now offer this service to
their citizens following the lead of
Arizona — the first state to offer
online voter registration.
However, the association cautioned that online registration “must
be recognized as only an additional
option to voters. … Our learning
curve on just how it impacts the
availability of access to voting is
still developing. We are likely to
continue to discover how to improve
access to all segments of society
rather than those initially who
have the education, the means, or
the technology that allows greater
participation.”
On Nov. 10, Reps. Kevin McCarthy (R-Calif.) and Gregg Harper
(R-Miss.) released draft legislation
addressing some of the concerns
raised at the Oct. 21 hearing.
Among other things, the legislation
gives states the option to establish
an online voter registration system
and would require that online
registrants possess a current and
valid state-issued driver’s license or
identification card, which includes
the applicant’s signature. Many
believe that the state-issued ID
requirement is important to combat
potential voter fraud.
NACo believes it is imperative
that any legislative initiatives ad-
dressing this issue must not impose
specific and impractical registration
requirements on county election
officials.
“At the same time, however, we
cannot ignore the fact that targeted
registration reform can result in
substantial cost savings to counties
and their taxpayers,” said Helen
Purcell, Maricopa County, Ariz.
recorder. It has been estimated that
it costs 3 cents to process an online
registration versus 83 cents for a
paper registration.
NACo Executive Director Larry
Naake said, “As the debate over
voter registration reform continues,
I encourage our members to share
with us their thoughts, experiences
and concerns with the registration
process and proposed reform
measures.”
Technology and the Voting Booth
The following article by Lisa Gilbert of the U.S. Public
Interest Research Group (U.S. PRIG) offers one perspective
on the role that technology can play in modernizing the
voting registration process.
Our current registration policies use the 19th century technologies of pen and paper. This antiquated
approach leads to excessive costs, inefficiencies and
inaccuracies, as both election officials and citizen
voters experience hurdles from our paper-based
system.
The issues with our current system have real
implications for our country; a recent study estimated
that over 2 million voters were unable to cast a
ballot in the 2008 general election due to registration problems. Human error is a major part of the
current system, and as a result we see problems like
incomplete and duplicate registrations.
The system also leads to an extremely challenging
workload for election officials, as they face large piles
of registration forms at the moment that they most
need to focus on the logistics of Election Day.
Currently millions of eligible citizens, even those
who believe they have registered, find themselves unable to vote. This can lead to long lines and confusion
at the polls on Election Day. The partial solution of
provisional balloting is imperfect at best. Records are
frequently inaccurate, often with incorrect address
or name information. Individuals who have moved
within the two years preceding an election are more
likely to encounter registration difficulties at the polls.
The difficulties voters encounter are multiplied for the
American men and women who serve in the armed
forces. They are almost twice as likely to experience
registration problems as the general public.
Maintaining the current voter registration system
is also very costly. A recent U.S.PIRG survey of 100
jurisdictions showed that these counties conservatively spent more than $33 million on registration
implementation and error correction in 2008.
A modern data-driven registration system could
build upon the innovations already in use in several
states, such as Arizona, Kansas and Washington
where there is online registration, while still allowing
election authorities to retain complete jurisdiction
over their lists.
What are the benefits of
a modern system?
Modernizing the system would improve its accuracy. Both federal and state governments currently
have the capacity to acquire data from several other
official databases. States that pull information from
other data pools, like the motor vehicles records,
have been able to eliminate duplicate, ineligible
and invalid registrations. This has provided greater
accuracy and fewer opportunities for fraud.
Improving the system would save taxpayers
money. Although some startup costs may be associated with implementing a modernized system,
cost savings could be realized in a short time. At a
PEW Center on the States conference on the topic,
Canadian officials shared that their modernized
system cost $13.3 million Canadian dollars to
implement in 1996, but is estimated to have saved
Canadian taxpayers approximately $150 million
since its introduction.
Changing the system would also increase efficiency. By eliminating paper forms and using
existing database technology, we can significantly
reduce the burden on local election officials. Improvement in efficiency will reduce the number of
provisional ballots, decrease polling place problems
and lower the need for third-party registration.
The need to modernize our system in a way that
is based on the experiences of the administrators on
the ground is critical. U.S.PIRG has been reaching
out to local officials to garner support for basic
tenants of modernization, and to receive input.
Through this ongoing outreach process, U.S.
PIRG recommends that we utilize multiple official
database sources to add voters to the rolls and
to increase list accuracy, ensure we make voter
registration more portable for voters who move
or change status, and that we establish a failsafe
method for eligible voters who are omitted from
the rolls or whose records contained an error to
cast a ballot.
If you are interested in learning more, or supporting the basic concepts of modernization, please go to
www.uspirg.org/voting-democracy/fair-and-open-elections,
or contact Lisa Gilbert at [email protected].
8 November 16, 2009
CountyNews
County
News •
The County Leader’s
Pocket Pals
Everything a county leader
needs to know to be effective
in the job. These handbooks
were specifically designed by
NACo to provide guidance and
information at your fingertips.
Members can download
copies of all for free by going
to www.naco.org, clicking on
Publications on the lefthand
navigation menu, and scrolling
down to Special.
Hard copies are available for
$2 each or $8 for all five for
members. For nonmembers,
they are $7 each or $30 for all
five publications.
To order, contact Christopher
Johnson at [email protected].
Available Online at www.naco.org
• County
CountyNews
News
Novembe 16, 2009 9
Model Programs FROM THE NATION'S COUNTIES
Cyclists Turn County Land
into Accessible Bike Trail
BY CHARLIE BAN
STAFF WRITER
Local mountain-biking groups
helped Mecklenburg County,
N.C. turn a land donation into
the country’s first accessible
mountain-biking trail, adding to
the county’s recreational offerings
for disabled persons.
The Tarheel Trailblazers and
Dirt Divas clubs worked with
the county parks and recreation
department and its therapeutic
recreation division to blaze a 1.1
mile trail three feet wide in Jetton
Park that can accommodate threewheeled handcycles. The groups
also won grants to buy two such
vehicles.
Parks and Recreation Director
Stephanie Frisbee said the region
had no accessible mountain-bike
trails before to the Jetton Park
addition. Fifteen percent of
Mecklenburg County residents
have some sort of disability, many
of whom have limited or no use
of their legs.
After the county acquired a
20-acre gift across the street from
Jetton Park, the Trailblazers lob-
Photo courtesy of Mecklenberg, N.C. County Parks and Recreation
Fundraising by the Tarheel Trailblazers and Dirt Divas mountain biking clubs
helped provide adaptive handcycles and improvements, like this bridge, for
the Jetton Park adaptive mountain bike trail in Mecklenburg County, N.C.
bied the county to include a trail on
the property. The group designed
the trail to favor beginners and
encourage people to try “adaptive”
mountain biking.
Although handcycle competitions on the roads are a popular
portion of long road races and
marathons, off-road handcycling is
relatively new. The off-road hand-
The H.R. Doctor Is In
Being Thankful
at Thanksgiving
A most wonderful time of the
year occurs in late November.
Thanksgiving is an HR Doctor favorite because it is centered on the
opportunity to step back and view
our own lives at work and at home
with a sense of perspective.
It’s a great time for an employer
to help members of the staff appreciate all that they have in the
form of jobs, which are generally
steady and career-oriented, and
include retirement, health care,
time off, educational support and
much more.
Thanksgiving is an excellent
time to do more than simply eat a
tremendous meal with family and
friends and maybe watch football.
It is a time to ask, “What am I
doing to make things easier and
more enjoyable for my colleagues
at work or those in need in the
community?” It is not coincidental
that United Way campaigns occur
during this holiday time — nor
that about one in three persons
receives help from such an organization. “There but for fortune,”
could be any one of us.
This holiday is also a time to
praise and recognize how much
easier our own life at work is
made by having colleagues who
work hard to help you as a county
government leader and care about
your success. Not a bad time to
make some “Thanksgiving resolutions” and avoid a New Year’s
rush. Resolve not to take things for
granted, but rather find new ways
to help at the office and in community leadership through charitable
giving and volunteering.
The HR Doctor has a lot to be
thankful for, including the chance
to share information on proactive
Human Resources with each of
you regularly. I bet if you stop
for just a few seconds and think
about it, you also have a lot to be
thankful for in your own work life
and personal life.
Take the time to do that — and
save a slice of pumpkin pie for me.
Best wishes!
Phil Rosenberg
HR Doctor • www.hrdr.net
cycle is similar to a tricycle — but
with two wheels in the front and
one in the back. The rider moves
the cycle by turning a crank by
hand and uses hand brakes on the
steering frame.
“We didn’t have any immediate
plans for the property, other than
to make it part of the park, so their
initiative really made this happen,”
Frisbee said.
Using a Geographic Information System (GIS), the team
checked the topography of the
potential trail route, then walked it
to check its feasibility. The county
bought the gravel and boulders for
the trail and the wood for a bridge
that spans a creek, all for a total
of $1,750. Frisbee estimates the
project would have cost $20,000
without the volunteer work. The
county and clubs agreed on which
parts of the trail they will take
responsibility for maintaining and
upgrading.
The public-private partnership
cut the county’s costs dramatically,
Frisbee said. Trailblazers and
Dirt Divas members and their
volunteers did all of the labor
building the trail, which totaled
approximately 750 hours of work.
The clubs also paid for all of the
equipment the county did not
provide.
“They kept it rustic and challenging,” said Dave Kiley, director of Turning Point Carolina, a
nonprofit that promotes adaptive
outdoor sports and activities. “It’s
a great place to disappear and get a
great workout. You’re going to go
out there and get worked.”
Kiley praised the groups for
purchasing the two handcycles,
paid for by a $10,000 grant from
Transamerica Reinsurance. Riders
can sign out the cycles at a nearby
bike shop.
“For most of the disabled
[population], it’s pretty extreme,”
he said. “When you stretch so far
beyond what you thought you’d
be doing with a disability, it really
boosts your confidence.”
Karla Gray, director of therapeutic recreation, said in addition
to having an excellent resource,
she was pleased with the priority
planners gave accessibility when
brainstorming the trail.
“That shows me the community’s commitment as far as our
county government and private
partners are concerned,” she said.
“When things are being planned
out, people automatically ask how
they could make it more inclusive.
It’s now a typical part of planning,
which is amazing.”
Given the number of activeduty and veteran soldiers who live
in North Carolina, the trail has
even greater value, Gray said.
“When you take an active, fit
20-something but take away some
of their mobility when they are
wounded in the field, they are
probably going to want to keep
their active lifestyle,” she said.
“But not everybody loves playing
wheelchair basketball.
“Years from now, we’ll look
back at this trail and see it was
a huge step forward to opening
opportunities for everyone.”
(Model Programs from the Nation’s
Counties highlights Achievement
Award-winning programs. For more
information on this and other NACo
Achievement Award winners, visit
NACo’s Web site, www.naco.org.)
www.naco.org
Personalized E-mail Updates
Receive e-mail updates whenever new information is
posted on NACo's Web site!
Just click on the “e-subscribe” icon
on the homepage or on one of the many “E-mail Update”
icons located throughout the site.
10 November 16, 2009
CountyNews
County
News •
News From the Nation’s Counties
XCALIFORNIA
y The LOS ANGELES COUNTY Metropolitan Transportation
Authority approved a 30-year, $298
billion long-range plan, the most
money allocated to transportation
projects in the county’s history.
The plan includes funding for
a Westside subway extension, the
San Fernando Valley’s Orange
Line busway and various Valley
freeway improvements. It anticipates $40 billion from a half-cent
sales tax approved by voters last
year, and revenue from increased
fares, according to the Los Angeles
Daily News. A combination of local,
state and federal funds will pay for
transit services, highway projects
and maintenance.
County officials project the
current 10 million population to
grow by 3 million over the next
30 years.
y The Roadway Safety Foundation (RSF) and the Federal
Highway Administration (FHWA)
recently recognized CONTRA
COSTA and ALAMEDA counties
for excellence and innovation in
operations, planning and roadway
design to reduce fatalities and injuries on the nation’s highways. The
two counties were among 14 local
and one national winner selected
from more than 100 applicants.
They were specifically recognized for the Vasco Road Traffic
Safety Improvement Measures
project, a coordinated effort to
reduce fatal accidents on Vasco
Road, a main thoroughfare. Their
efforts, which included speed display signs, community safety signs
daytime headlight signs, soft median
barrier striping, centerline delineators and double fine zones, among
others, resulted in 36 percent fewer
accidents in 2007 than in 2005.
“The roster of award winners
represents the most dynamic and
creative highway safety programs,
and sets a standard for others to follow,” said RSF Executive Director
Greg Cohen.
y SAN BERNADINO COUNTY has created a health care pool to
compete with the California Public
Employees’ Retirement System
(CalPERS).
What’s
in a
Seal?
»www.braxtonwv.org
Braxton County, W. Va.
Braxton County was created by an act of the Virginia General
Assembly on January 15, 1836, from parts of Lewis, Kanawha
and Nicholas counties. It was named in honor of Carter Braxton
(1736-1797). Braxton, a noted Virginia statesman who graduated
from the College of William and Mary, was a long-time member
of the Virginia House of Burgesses (serving from 1765 until the
outbreak of the American Revolutionary War) and a signer of the
U.S. Declaration of Independence.
During the Civil War, Braxton County was among the counties in
western Virginia that broke away to form the state of West Virginia.
It was also the site of the Battle at Bulltown on Oct. 13, 1863.
After the war, Braxton County’s economy grew, with most of the
growth due to tanneries, brick manufacturers, pottery manufacturers,
grain mills and the smelting of iron ore. Also, the timber industry
was an important source of employment in the county. In 1892, a
railroad extending from Clarksburg in Harrison County to Sutton,
and then on to Richwood in Nicholas County was built. The railroad
line helped the county’s economy grow by providing a means of
shipping goods to and from northern West Virginia.
The seal shows the county in red against the yellow state background indicating its central location.
(If you would like your county’s seal featured, please contact Christopher
Johnson at 202/942-4256 or [email protected].)
Chrysler after the manufacturer XLOUISIANA
ST. LANDRY PARISH hopes
returned $5.5 million bonds, which
the county issued to help build a to lower residents’ insurance pretransmission plant for a Chrysler miums by building a multi-agency
training center for police, firefightsupplier.
The secretary of state’s office ac- ers and emergency responders.
Parish President Don Menard
cused Chrysler of not telling county
officials that its agreement with told the Daily World the center will
manufacturing company Getrag lower the community’s fire rating,
was in jeopardy. In addition to the which will mean an 8 percent prop$5.5 million Tipton is recovering, the erty insurance premium drop. The
county also issued an additional $4.2 parish will combine $1.5 million
million in other bonds and $300,000 of its money and part of the $12.7
in county economic development million it is receiving in federal hurfunds related to the project, accord- ricane mitigation funds. The facility
will be built on a 14-acre lot adjacent
ing to the Associated Press.
Tipton County Commissioner to the National Guard Armory at
Jane Harper said the county hopes the parish airport.
to use the recovered money and
$5.5 million Getrag returned earlier XMARYLAND
XGEORGIA
Scrap metal dealers will need to
to offer $11 million in bonding to
Fundraising groups will need a solar power manufacturer that is be licensed, keep detailed records of
to pay for permits to solicit dona- interested in moving into the nearlytions in the streets of OCONEE completed building.
See NEWS FROM page 11
COUNTY.
County commissioners want to
limit the number of groups who
work the roads. The ordinance
bans solicitation by for-profit
»NACo Officers and Elected Officials
groups and requires fundraisers
Glen Whitley, first vice president, spoke on
to wear safety vests and only colthe value of NACo membership and legislative
lect money from cars stopped at
accomplishments at the Annual Conference of the
traffic signals.
Association of Oregon Counties Nov. 17–19.
Applicants will have to pay $50
Keith Langenhahn, NACo Rural Action Caueach in permit fees and an applicus chair and board chair in Marathon County,
cation fee is due at least 15 days
Wis., represented NACo at President Obama’s
before the fundraiser, according to
recent forum on education policy in Dane County,
the Athens Banner-Herald.
Glen Whitley
Wis. Nov. 4.
California lawmakers gave
the San Bernardino County Employees Retirement Association
permission to market its retiree
health care fund among local
California agencies that haven’t
started to fund their retiree
health care obligations or other
post-employment benefits as an
alternative to investing with CalPERS for public agencies, Capitol
Weekly reported.
Retirement association officials
feel the pool will be more efficient
and responsive than the statewide
CalPERS plan. Most government
agencies in California currently
are not pre-funding their retiree
health care obligations.
NACo on the Move
XIDAHO
y In a move that seems inspired
by the movie, “Caddyshack,”
BINGHAM COUNTY has placed
a bounty on gophers.
Instead of disrupting a golf
course, those furry rodents are
devouring alfalfa crops, gnawing
through underground utility lines,
damaging farming equipment and
digging holes that wash out canals,
according to The Idaho Statesman.
The county will pay $1 per gopher, funded by $5,000 from both
the county’s Mosquito Abatement
District and Range Improvement
Fund.
y Commissioners in aptlynamed POWER COUNTY have
approved an ordinance that allows
wind turbine development.
Turbine developments will
require single-use permits, plus a
building permit for each turbine.
One company has applied for permits to build a 66-turbine wind farm
across 900 acres of land between
American Falls and Rockland, according to The Idaho State Journal.
XINDIANA
TIPTON COUNTY settled
its securities fraud suit against
»NACo Staff
Steve Traylor, associate legislative director,
gave a federal legislative update for the Maryland
Government Finance Officers Association’s Fall
Conference in Howard County (Ellicott City),
Md. Oct. 30.
Kasia Witkowski, special projects manager,
updated the state county association executives
on NACo’s Campaign for Effective Government
Steve Traylor
at the NCCAE meeting in Sonoma County, Calif.
Oct. 21–24.
James Davenport, project manager, briefed the Western Governors’ Association Forest Health Advisory Committee on the NACo
Wildfire project, which includes the new Wildfire Clearinghouse,
at its Oct. 23 meeting in Boise, Idaho.
»Coming Up
Andrew Goldschmidt, membership/marketing director, will
exhibit on behalf of NACo membership recruitment and retention
at the Missouri Association of Counties Annual Conference in
Camden County, Mo. Nov. 22–23.
Ilene Manster, membership coordinator, will showcase NACo
membership benefits at the Iowa State Association of Counties
Fall School in Johnson County, Iowa Nov. 18–20
On the Move is compiled by Christopher Johnson.
Keep up with NACo online ...
www.naco.org
• County
CountyNews
News
Novembe 16, 2009 11
Job Market / Classifieds
XCOUNTY ADMINISTRATOR – IOWA
COUNTY, WIS.
Salary: DOQ.
Iowa County, Wisconsin is seeking a
County Administrator. Under the supervision of the County Board, this person
will provide leadership for administering, coordinating, and implementing the
activities and programs of the County
in support of policies, procedures,
goals and objectives established by the
County Board. This position will also
provide administrative support for the
County Board, develop and propose an
annual budget and oversee grants and
major projects.
Candidates should possess a Bachelor’s degree in Public Administration,
Business Administration or closely
related field (master’s degree preferred);
substantial experience as a County
Administrator may be considered in
lieu of this degree requirement. Administrative and management experience
in business, industry or government
required. Experience in financial
management of a large organization
required; experience in County or
municipal government preferred. Experience in public-sector management
in a unionized work environment is
preferred.
Competitive salary dependent on
qualifications, plus excellent fringe
benefits. A complete description, including salary range and instructions
on how to apply, can be found at www.
iowacounty.org. Applications must be
postmarked no later than Monday,
Nov. 30.
XDETENTION ADMINISTRATOR –
CURRY COUNTY, N.M.
Salary: $68,259 - $85,324;
DOQ.
The Detention Center Administrator works under the supervision
of the five-member Board of Commissioners and the County Manager.
Benefits include: paid vacation, sick
leave and holiday pay; Public Employee Retirement Association 25year retirement plan; health, dental,
vision, legal and life insurance. The
County pays 75 percent of medical
and life insurance.
This at-will position is responsible
for the safe operation of a 254-bed adult
and a 16-bed juvenile detention facility in Curry County. Duties include:
overall security and operations of the
facilities; overall supervision of 77
FTEs; safe transportation of inmates
to courts and other facilities; budget
review and development; kitchen and
food services contractor; alternative
sentencing program and the outsourcing of overflow adult inmates and
juvenile inmates to other facilities.
Full specifications may be acquired at the Curry County Administration Office, 700 N. Main - Suite
10, Clovis, NM 88101 or online at
www.currycounty.org.
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Source: ProgressiveFarmer.com • Created by: Christopher Johnson
N.J. county’s parks to close for hunting;
Pa. counties share 911 equipment
NEWS FROM from page 10
each transaction and report sales
to police at the end of the day in
BALTIMORE COUNTY.
The County Council passed new
scrap metal sales laws to combat the
rising market for stolen copper and
aluminum, among other metals.
County Police Chief Jim Johnson
told The Baltimore Sun the law would
protect the scrap metal industry
strong’s savings at $500,000,
but Armstrong Commissioner
Jim Scahill told the Valley News
Dispatch the value to his county
was closer to $1 million, because
Armstrong would have to build its
own switch. An expected federal
mandate would require all counties
to have high-band communications
by 2013.
XWASHINGTON
PIERCE COUNTY council
eliminated a Superior Court seat
Holiday greetings will have to the day after the judge holding it
come in cards at the VAN BU- resigned.
Council members told the News
REN COUNTY jail starting in
Tribune the cut would help the
December.
A new law, in effect starting in
December, outlaws shouting at jail
inmates. A century old section of
the jail lacks air conditioning, so its
barred windows are opened in warm
weather. Because that part of the jail
is only a few feet from the sidewalk,
it is easy for people outside to yell CLIMATE from page 1
to friends, loved ones and associates
on the inside.
from 2005 levels by 2020. Mainly,
Violating the new ordinance is this would apply to major consuma misdemeanor punishable by up ers of fossil fuel like industrial or
to 90 days in jail and a maximum electrical plants that release large
fine of $500. Sheriff Dale Gribler amounts of GHG. It is possible that
was concerned about security some larger county facilities such
risks, according to the Associated as landfills or older administrative
Press. Warning signs will be posted buildings or hospitals could fall
outside.
under this requirement.
The older section of the jail
The chairman’s changes further
houses around 50 of the almost clarified the legislation by specifying
160 inmates.
how the allowances (credits) would
be distributed under the cap-andtrade program.
XNEW JERSEY
Among other approved activiMORRIS COUNTY will close
its 14 parks to the public until the ties, a percentage of the allowances
end of February to allow hunters in given to states and local governments could help fund the Energy
to control the deer population.
Hunters will need special permits Efficiency and Conservation Block
to enter the parks on designated days Grant (EECBG) program.
Even though the bill has cleared
for bow hunting until January and
shotgun hunting until March. Hunt- the EPW Committee, the fate of
ers killed 336 deer in a similar hunt climate change legislation remains
last winter, which helped preserve uncertain. As it stands now, the
native plants eaten by the deer. The Senate needs 60 “yes” votes to
county park commission’s executive pass S. 1733. According to various
director, David Helmer, told the analyses, the Senate is 15–20 votes
Newark Star-Ledger the goal is not to short of the needed 60 due to the
foster sport hunting but to improve controversial nature of the bill.
To get to 60, it is likely that
the health of the woods.
further compromises will have to
be made.
XPENNSYLVANIA
To that end, there are a number of
Sharing high-band 911 communication equipment is saving
money for ARMSTRONG and
WESTMORELAND counties.
Westmoreland is renting extra
space on its electronic switching
equipment to Armstrong’s 911
Center. The equipment allows
communications transmitters and
broadcast towers to communicate.
@NACoTweets
Westmoreland Commissioner
Tom Ceraso estimated Armon-
XMICHIGAN
county balance its 2010 budget.
The rest of the former judge’s
compensation will pay for pro-tem
judges to handle cases. The judge
spent the previous nine months
on paid leave. Although state law
authorizes 24 county Superior
Court judges, Pierce only seats 21.
Council made the move under the
emergency circumstance exception
to the public hearing and notice
requirement.
(News From the Nation’s Counties is
compiled by Charles Taylor and Charlie
Ban, staff writers. If you have an item
for News From, please e-mail ctaylor@
naco.org or [email protected].)
Climate bill’s fate
uncertain in full Senate
senators working to craft additional
language. Sens. Lindsey Graham
(R-S.C.) and Joseph Lieberman
(I-Conn.) indicated that they are
working with Sen. John Kerry
(D-Mass.) to write a bipartisan
climate change bill. Specifically,
they would like to see an increase
in nuclear power plants (and a plan
for disposal of waste) and more offshore oil drilling. In some quarters,
this proposal is gaining steam.
Regardless, several other committees, including Finance and
Agriculture, plan to claim jurisdiction
over S. 1733. Both committees have
hearings planned in the coming weeks
to study the effect the legislation will
have on jobs and other options to
address climate change.
Additionally, Majority Leader
Harry Reid has promised an in-depth
analysis on the bill. This likely, will
push consideration of the bill into the
2010. Due to 2010 being an election
year, Senate sources indicate that if
S. 1733 is taken up by the Senate, this
would have to happen within the first
several months of 2010, otherwise it
could stall.
While NACo has weighed in on
several provisions of S. 1733, it has
not taken a position on the bill since
the association has no policy on
cap-and-trade.
12 November 16, 2009
CountyNews
County
News •
Research News
Hurricanes Not the Only Natural Disaster to Affect U.S.
As Nov. 30 approaches, the end
of hurricane season draws near. This
year has been relatively quiet on the
hurricane front, but other major
disasters have occurred throughout
the country.
Disasters can occur in many
forms. Natural disasters can
include earthquakes, wildfires,
floods, heat, hurricanes, landslides,
thunderstorms, tornados, tsunami,
volcanic eruptions and winter
storms.
So far this year, the only natural
disasters that have not been declared
are heat, volcano and hurricane.
All others have occurred in states
around the country. These declared
disasters have ranged from an earthquake and a tsunami in American
Samoa to tornadoes, winds and
near-record snow in Kansas.
Landslides in Maine, Washington, and West Virginia have also
necessitated major disaster declarations this year.
In order to be declared a Federal
Emergency Management Agency
(FEMA) Disaster Area, certain
actions must take place. First, the
disaster must be one of the kinds
identified by the legislation authorizing FEMA to take action.
As an emergency begins to unfold locally, the local county emergency management staff moves to
help residents meet their immediate
needs. If the emergency exceeds
the county’s ability to respond
adequately, the governor usually
declares the area to be in a state of
emergency, making state resources
available to the local officials.
The governor can also make the
Financial Services News
NACo’s Cost Savings
Programs Just
a ‘Click’ Away
NACo offers several programs
designed to save money and bring
value to counties, county employees
and retirees. We frequently use this
space to highlight success stories,
program enhancements and new
offerings. Maybe you’ve heard about
our U.S. Communities Cooperative
Purchasing Program, but do you
know what company was recently
awarded the athletic supplies and
physical education equipment bid
issued by Harford County (Md.)
Public Schools?
Did you miss the article in the
last edition of County News about
NACo’s partnership with the
National Association of County/
City Health Officials (NACCHO)
to offer a “Healthy Communities”
Web portal to track public health in
your community?
Have you heard that Nationwide
Retirement Solutions, NACo’s
Deferred Compensation provider,
has extended its call center hours
to better accommodate county
employee inquiries?
All of these are recent stories
we’ve shared with you in County
News, but if you happened to miss
one of these you might be missing out on information or savings
opportunities that are important
to you and your county. In an effort to provide this information to
you anytime you need it we have
launched the “Click” Web site at
www.clicksavings.org. Click provides
a one-stop location where you can
learn what is new or changing
in any NACo Financial Services
Corp. programs. There is even an
option to subscribe to the site and
receive an e-mail notification anytime something new is added.
Information on Click is provided as both a document and a
link so it can be easily shared with
others. State association staff can
access articles in either format
and republish them in their print,
e-mail and online publications.
Counties can post relevant stories
on their intranets or in employee
newsletters.
It’s also an easy way to forward
updates to your colleagues who
might be interested in something
you find. We encourage you to
check it out and let us know what
you think.
For more information on Click or
www.clicksavings.org, please contact
Nancy Parrish at [email protected]
or 202/661-8824.
decision after meeting with local
county officials that more resources
are needed above and beyond those
available from the state and the local
government. Once this decision is
made, the governor can request
federal assistance through FEMA
and the Stafford Act.
So far in 2009, there have
been 49 major disaster
declarations in 36 states ...
To receive this assistance, the
governor must attest to the magnitude and severity of the disaster and
that state and the local government
responses are not sufficient. Other
requirements must also be met in
order to be considered for eligibility for federal assistance including
promises to follow cost-sharing
requirements in the act.
FEMA’s initial step is to pull together a team made up of personnel
from FEMA, the state’s emergency
management staff, county and other
local government officials and the
U.S. Small Business Administration
to conduct a preliminary damage
assessment. Part of this process is
to collect estimates of the expenses
and damages caused by the disaster
to support the state’s claim that the
disaster response is beyond state and
local capabilities.
Upon completion of this assessment, the governor can submit a
request for a presidential declaration
of a disaster through the FEMA
regional office. This request is
reviewed by FEMA, and if the
analysis meets the FEMA criteria
for the Stafford Act assistance, it
is forwarded to the president for
declaration.
So far in 2009, there have been
49 major disaster declarations in 36
states with some states having more
than one disaster declaration. In addition to major disaster declarations,
FEMA also provides assistance for
emergency declarations and fire
management assistance declarations.
Upon receiving a disaster declaration, the county and its residents
may be eligible for individual assistance, public assistance or the
hazard mitigation grant program.
Individual assistance includes
money or assistance that goes
directly to people, families and businesses who have sustained property
loss or destruction not covered by in-
surance. This individual assistance
provides help with critical expenses
where no other coverage is available
but is not designed to return you to
your predisaster position.
The public assistance designation from FEMA means state,
tribal and local governments, and
in some cases, private nonprofits,
can receive grant assistance. This
assistance is provided so recipients
can provide rapid response to help
recover from major disasters and
emergencies.
This grant assistance can help
with debris removal and the repair,
replacement and restoration of
property and public facilities that
were damaged by the disaster.
Since 1953, when this disaster
declaration process was initiated,
there have been a total of 1,853
disasters declared with an annual
average of 33. In all of 2008, there
were a total of 75 declared, the
highest number in one year since
the program began in 1953. The
three states with the highest number
of disaster declarations since 1953
are Texas with 83, California with
74 and Florida with 63.
(Research News was written by Jacqueline Byers, director of research.)
A FREE Member Benefit
NACo’s Online
Supplier Directory
Designed to help all members, but particularly those in the administrative and
purchasing areas.
An online directory providing quick and easy access to an extensive list of suppliers
of products and services purchased every day by counties.
Search by product or service, for green businesses, NACo’s Premier and Strategic
Partners or Request for Information (RFI) feature.
Find NACo’s Online Supplier Directory by visiting www.naco.org
For more information, contact Bill Cramer,
marketing director, 202-942-4264