can be saved - Manistee County
Transcription
can be saved - Manistee County
( H IRPIRSO \Ilan A a kjrd Manistee County Board of Commissioners I • —;d—4— \j;. r ii( Il in Iii,, Kr.Ick (knn I’iie (nI Ruik \1 (l FRK \Ijii Rn K1ih’r (‘O\TkOLI Ik\1)M1\lSTR FOR IhiiiK.imrn;ki Tuesday, April 8:30 A.M. WAYS & MEANS COMMITTEE Courthouse and Government Center Board of Commissioner’s Room 21, 2009 DRAFT MINUTES Members Present: Ervin Kowaiski, Chairperson; Glenn Lottie; and Jim Krolczyk Others Present: Thomas Kaminski, County Controller/Administrator; Russell A. Pomerov, County Treasurer; Peggy Falk, Equalization Director; David Thompson, Friend of the Court; James Smogoleski, Youth Services Director; Susan Wagner, County Planner; Stanley Preidis, Chairman of the United Veterans Council of Manistee County and Beth Yeack; Ken Grabowski, Manistee News Advocate; and Jeri Lvn Prielipp, Finance Assistant The meeting was called to order at 8:30 A.M. ITEMS REQUIRING BOARD ACTION Jeri Lyn Prielipp, Finance Assistant, presented the Committee with Claiming Summaries for March 10, 2009 through April 21, 2009, and a summary of the OnDemand checks for their review and approval. Totals are as follows: 101 General Fund 201 County Road Fund 215 Friend of the Court Fund 216 Department Contingency S364,487.59 o.oo o.oo Fund 218 Elections Fund 230 County Em plovee Training Fund 234 Judicial Technology Fund 235 District Court Services Fund 236 Maintenance of Effort Fund 241 JAWS of Life Fund 243 Brownfie]d Redevelopment Authority Fund 245 Public Improvement Fund 251 Capital Improvement Fund 0.00 2.8 97.24 ioo.oo 501.30 2,183.—7 18,91.48 22.84 0.00 0,00 0.00 Ways & Means Committee Minutes 1 ues av, April 21, 2009 Page 2 Tax Refund Fund Remonumentation Fund Medical Care Depreciation Fund Brownfield Site Assessment Fund 256 Register of Deeds Automation Fund 257 Budget Stabilization Fund 258 Mounted Search and Rescue 259 Legal Defense Fund 260 Health Insurance Fund 261 9-1-1 Service Fund 262 Dive Equipment Fund 263 Sheriffs Office Forfeited Assets Fund 264 Family Counseling Services Fund 265 Juvenile Drug Court Fund 266 Law Enforcement Training Fund 267 Friends of Animal Control Fund 268 Homeland Security Grant Fund 269 Law Library Fund 271 County Library Fund 272 County Library Trust Fund 273 Computer Technology Fund 274 Drug Testing District Court Fund 275 Dial-A-Ride Fund 276 Forestry Fund 277 Air Photo Fund 278 LEPC Grant Fund 279 Economic Development Housing Fund 280 MSHDA Grant Fund 281 Law Enforcement Technology Fund 282 CRA River Care Grant Fund 283 F.LA, Benzie County 284 Community Corrections Fund 285 Drunk Driving Case Flow Fund 286 Juvenile Intervention Fund 287 JABGN Grant Fund 288 Sheriff Dog Census Fund 290 Department of Human Services Fund 292 Child Care Fund 293 Soldiers & Sailors Relief Fund 294 Veterans Trust Fund 295 Airport Authority Fund 252 253 254 255 - - o.oo o.oo 0.00 1,174.00 25,958.10 0.00 330.00 0.00 253,464.51 0.00 i66.oo 0.00 1,350.00 0,00 3,685.02 0.00 0.00 3,120.40 0.00 0.00 8,697.01 0.00 0.00 0.00 0.00 0.00 0.00 14,156.69 0.00 138,918.44 0.00 1,838.37 0.00 950.20 o.oo o.oo o.oo 62,374.85 o.oo o.oo 53,340.58 & Means Committee Minutes Tuesday, April 21, 2009 Page 3 ‘VVaVS 296 ,Juvenile Justice Fund 29 Compensated Services Fund 298 County Employee Separation Fund 299 U nemplovnwnt Fund 356 Fair Board Debt Fund 360 9—1—1 Expansion Construction Fund 361 Jail Expansion Construction Fund 362 ,Jail Building Bond 368 Library Loan Fund :369 Building Authorit Debt Fund o County Road Building I)ebt Fund 461 Building Authority Construction Fund 462 County Road Construction Fund 512 Medical Care Facility Fund 603 Vehicle Fund 606 Tax Revolving Fund 620 Tax Revolving State Sales 701 Trust and Agency - Total On Demand Checks Total DRAFT 0.00 134,092.49 o.oo 0.00 0.00 0.00 0.00 o.oo o.oo 135,852.50 (3.00 o.oo o.oo 0.00 0.00 o.oo 0.00 0.00 $1,228,838.38 S14o,:398.25 Mr. Kowaiski recommended that the bills be accepted in the amount of $1,228.838.38 and that the same be placed on file. No alternative recommendation was proposed. The Committee considered approving Michigan Departnwnt of Transportation (M DOT) Grant Contract #2009-0220 for Manistee Blacker Airport for the design of the installation of medium i ntensitv taxiwav lights a further defined in Contract # FM 1-01 —C5:3. The total pro)ect estimated cost is S 19.000. with 95% paid by the federal government. 2.5% paid by the state and 2.5°’o local match, or 5475. Local funds will be provided from the Airport Authority General Fund. The .\irport Authority recommends approval of the grant contract. Mr. Kowaiski recommended approiing the Michigan Department of Transportation Grant Contract #2009-0220 between the Michigan Department of Transportation and Manistee County for the design of the installation of medium intensity taxiway lights as further defined in Contract #FM51-ol-C53, at the Manistec Blacker Airport for a total project cost of$19,000, with the total local match ‘vVavs & Means Committee Minutes I uesda Api 11 21 2009 Page 4 DRAFT equaling $475, with the understanding that the local match is to be paid from the Airport General Fund, and authorize the County Board Chairperson to sign the Contract. No alternative recommendation was proposed. The Committee considered a resolution being recommended by the District I Icalth Department #io Board of Health regarding funding for local public health programs. The resolution, which was also adopted by the District Health Department #10 Board of Health, calls for a 55 million increase in local public health operations, restoration of cuts to the I lealthv Michigan Fund proposed b the Governor, and no further reductions in revenue sharing. Mr. Lottie recommended that the Board of Commissioners adopt the proposed Resolution Regarding Public Health Funding Crisis. No alternative recommendation was proposed. (APPENDIX A) The Committee considered approving the agreement between the County Prosecuting Attorney, Manistee County and the City of Manistee (APPENDIX B). The proposed agreement would continue to i etain the services ofthe Prosecuting Attorne ‘s Office to pros ide legal representation to the Cit’s of Manistee on all uolations of certain City ordinances and codes and State statutes, ‘s hich ai e b definition misdemeanors and felonies. The Cit is proposing a 4-year agreement, which runs through December 31, 2012. The contract calls for a 0% increase in 2009, and a 2% increase annually for the remaining 3 years of the contract. The total payments are split with 54% being paid directly to Ford Stone, County Prosecutor, and 46% being paid to Manistee County. Mr. Stone has informed Mr. Kaminski that he is willing to accept the terms of the contract, which the City has also approved. Mr Lottie recommended approving the Prosecuting Attorney Service Agreement between the County Prosecuting Attorney, Manistee County, and the City of Manistee for a 4-year term of January 1, 2009 through December 31, 2012, and authorize the County Board Chairperson to sign the Agreement. No alternative recommendation was proposed. (:PPENDIX B) NI i’. Smogolesl<i and \T r. lhompson provided the Committee with a brief over iew of Li State of Niichigan Children’s Lawsuit (\PPI’NDIX U) ._Mr. Smogoleski indicated that although he has no Problem whatsoever with the County Pa ing a relative to care for a child, what raises concern is when his office places kids with the Department of I luman Services and tlwv place the kids ith a pri ate agency and then the private agency l)laCeS the kids with a licensed relative. but the Count in t conti ue to P the adnu mst rative eost to have the pri\ ate ageneies supervise the kids. 11w administrative iate is S 2’ per day per eh ild and the Cou nt\ is en rrentlv paving 58 per la f r Nonienne else to super ise 3 ehilduen ‘ho are living ith a relative. Ways & Means Committee Minutes Tuesday, April 21, 2009 Page 5 DRAFT Following discussion, Mr. Lottie recommended that the Board of Commissioners adopt the proposed Resolution Supporting Adequate State Funding to Hold Counties Harmless From the Department ofHuman Services Lawsuit Settlement Agreement. No alternative recommendation was proposed. (APPENDIX C) Mr. Smogoleski then requested that the Committee authorize him to submit the FY 2009 Juvenile Drug Court Grant Application to the State of Michigan for approximately $15,000, at no cost to the County. The application is due May 4, 2009. Mr. Kowalski recommended that Mr. Smogoleski be authorized to submit the FY 2009 Juvenile Drug Court Grant Application to the State of Michigan and authorize the Chairman to sign the application. No alternative recommendation was proposed. Mr. Kaminski presented the Committee with the following prices for vehicles that the County is looking to purchase for use by County employees: A) 2009 Ford Escape Hybrid XLT 4-wheel drive vehicle= $30,446 Mileage rating = 29 city/27 highway B) 2010 C) 2009 D) 2009 E) There were also other vehicles quoted by Benchley Buick Pontiac GMC and Yates Chevrolet, which could be considered for a second vehicle. Prices ranged from $17,759 to $23,319. Ford Escape Hybrid front-wheel drive vehicle=(pricing not yet available) Mileage rating = 34 city/30 highway Ford Escape XLS 4-wheel drive vehicle=$18,098 Mileage rating 19 city/25 highway Ford Escape XLS front-wheel drive vehicle$ 16,549 Mileage rating = 20 city/28 highway Mr. Kaminski was informed by Mr. Pepera at Manistee Ford that the 2009 Hybrids are completely sold out state wide and Mr. Pepera would not be able to quote a price on a oio Hybrid until this summer, as the 2O10s wouldn’t be available until around October2009. Manistee Ford does have a 2009 Ford Escape Hybrid XLT 4-wheel drive vehicle coming in in a few weeks and the cost is S3o446, which is $446 over the $30,000 budgeted to purchase CounW vehicles, Previously the Ways & Means Committee Minutes I uesda, \pI il 21, 2009 Page 6 Board approved purchasing a ehic1e in the price range of the State contract price, however, lord Motor Company is not allowing any municipal price concessions on I Ivbrid vehicles. After lengthy (I iSCtISSiOfl. Mr. Krolczyk recommended that Manistee County purchase two (2) Ford Escape XLS front-wheel drive vehicles from Manistee Ford for up to $32,000 (quote= $16,549 each) , but authorizing Mr. Kaminski to negotiate the best possible deal with Manistee Ford for the County to purchase these two (2) vehicles. 2009 Mr. Lottie recommended that Manistee County purchase one (i) 2009 Ford Escape XLS front-wheel drive vehicle from Manistee Ford for $16,549, and ordering a 2010 Ford Escape Hybrid frontwheel drive vehicle from Manistee Ford that the County will purchase when the 20 10’S become available in the Fall of 2009. Ms Falk presented the Committee with the 2009 County Equalization Report (APPFNDI\ I)) Following her detailed and thorough report, Mr. Lottie recommended that the County Board of Commissioners adopt the following Resolution to Adopt the 2009 County Equalization Report as Submitted with the Accompanying Statements: MANISTEE COUNTY BOARD OF COMMISSIONERS RESOLUTION TO ADOPT THE 2009 COUNTY EQUALIZATION REPORT AS SUBMITIED BY THE ACCOMPANYING STATEMENTS WHEREAS, the Equalization Department has examined the assessment rolls of the 14 townships and one city within Manistee County to ascertain whether the real and I)C1’Soflal property in the respective townships and c ities has been equally and uniformly assessed as true cash value; and WHEREAS, based on its studies, the Equalization I)cpartment has presented to the Equalization Sub-Committee the 2009 Equalization data that equalizes the townships’ and cities’ valuations, by adding to or deducting from the valuations of the said taxable property in the q townships and one cit. an amount which represents the true cash value; and Ways & Means Committee Minutes Tuesday, April 21, 2009 Page 7 DRAFT WHEREAS, the attached report is the result of the forgoing process. THEREFORE, BE IT RESOLVED, by the Board ofCommissioners of the County of Manistee, that the accompanying statements be, and the same hereby are, approved and adopted by the Board of Commissioners of the County of Manistee as the equalized value ofall taxable property, both real and personal, for each of the 14 townships and 1 city in said County for real property values equalized at $1,479,082,857 and personal property values equalized at $111,540,784 for a total equalized value of real and personal property at $1,590,623,641 pursuant to Section 211.34 M.C.L, 1948, as amended. No alternative recommendation was proposed. Mr. Preidis announced that the United Veterans Council of Manistee reviewed resumes and conducted interviews and it is their final recommendation that the County Board of Commissioners appoint Beth Yeack, a Navy Veteran, to serve as Manistee County Veteran’s Counselor. Mr. Preidis introduced Ms. Yeack to the Committee and she answered questions and spoke about her background and current status. Mr. Krolczyk recommended that the Manistee County Board of Commissioners appoint Beth Yeack as Manistee County Veteran’s Counselor. No alternative recommendation was proposed. Mr. Kaminski announced that he was approached by a gentleman who is interested in becoming a County Administrator and he inquired if Manistee County would consider him for a summer internship? This gentleman offered to work 15 to 20 hours per week without reimbursement, except for mileage. Mr. Kaminski outlined some of the projects that his office and other offices could assign to the intern. It was the consensus of the Committee to pay the intern for the hours that he works for the County over the summer, which Mr. Kaminski offered to pay from his contingency surplus fund. Mr. Krolczyk recommended that the County Administrator be authorized to interview and hire a summer intern to work in the County Administrator’s Office and other County offices and he will be paid an hourly wage of $io,00 per hour. No alternative recommendation was proposed. Ways & Means Committee Minutes Tuesday, April 21, 2009 Page 8 DRAFT ITEMS NOT REQUING BOARD ACTION Ms. Wagner reported that she received an e-mail from Matt Schutte, GIS Analyst/Training Coordinator of Michigan State University’s Remote Sensing and GIS Research and Outreach Services. Mr. Schutte is requesting that the County waive the fee for digital parcel data for land along the Lake Michigan shoreline. The data will be used for a coastal management program, which is grant funded by the Michigan DEQ, which helps the DEQ manage the shorelines, and in particular the critical dune areas. There is no money in the grant program for purchasing data. Ms. Wagner stated that the normal fee that would be charged for this data would be $500 for 4 townships and the city. But since they only need the data for 1,500 meters inland up the shoreline, or approximately 49 sections, it could be broken down to $100 per township divided by 36 sections, or $2.78 per section, which would amount to $136 ($2.78 x 49). The Committee does not want to set a precedence and therefore is opposed to waiving the fees for providing digital parcel data. Ms. Wagner will inform Mr. Schutte of the Committee’s decision. Mr. Kaminski presented a proposal from Keith Brown to tape and edit County Board of Commissioners monthly meetings for broadcast on the public access television station in Manistee County. The proposal is to charge $300 per 3-hour meeting and $25 per 15 minute interval that the meeting runs longer than 3 hours. At this time, Mr. Brown is not offering to make the meetings available on line, although that is the only way that the meetings will reach everyone in the County. The Committee rejected the proposal. Mr. Kaminski updated the Committee on the GIS partnership proposal with Wexford County. A final proposal will be presented to the Board for consideration in the coming months. Mr. Kaminski briefed the Committee on the Stimulus bill police officer application process. This is a program where the federal government will pay the wages to hire police officers for up to 3 years and the officers must be kept on the payroll for a year and paid entirely by the County. During the 3 year period that the government pays the officers’ wages, the County will also incur expenses for uniforms, vehicles, training, gasoline, etc.. Sheriff Kowalkowski has applied for 3 officers. Mr. Kaminski indicated that the total cost to the County today for 3 officers for a 3-year period is approximately S500,000. If 3 officers are approved by the federal government, the issue will be presented to the Board for a final decision on whether to accept the grant funds. There being no further business to come before the Committee, the meeting was adjourned at 10:45 A.M. Ervin Kowalski, Chairperson Glenn Lottie, Commissioner JP c:\u1tke\Was & Means\W&M Jim Krolczvk, Commissioner 4-21-09 _________________ // / A Manistee County Board of Commissioners L Manklec (ount Courthtw%e CLFRK %1nlya Kitber 2l) 723133l CONTROLLlRIADMINIStRAYOR Thonus Kanb (231) 3)83O() • 4 5 1 hard SIred • CHAIkPHSflN Allan UShea lCl CHAIRPFRSON I drd H.Hk lCn If illiard Fnrn Kmakki M.rnt%tec, \1whtitn 3%60 Rute RESOLUTION REGARDING PUBLIC HEALTH FUNDING CRISIS At a regular meeting of the Manistee County Board of Commissioners held In the Manistee County Courthouse & Government Center, 415 Third Street, Manistee, Michigan, on the 28 day of April, 2009. PRESENT: ABSENT: The following resolution was offered by and seconded by WHEREAS, the District Health Department #10 is responsible for providing preventive and mandated public health services, Including but not limited to, communicable disease control, food service sanitation, sexually transmitted disease control, immunizations, hearing and vision screenings, drinking water supply safety and onsite sewage management; and WHEREAS, the agreement between local health departments and the State of Michigan, per PA 368 of 1978 The Public Health Code MCL 333.2475, to bear half (50%) of the cost of providing these services has not been maintained by the State; and WHEREAS, the burden of fulfilling these requirements to provide the most basic services Is becoming increasingly more challenging for local public health departments to meet; and WHEREAS, lack of increases in State funding has increased the burden on local government to fund programs the State mandates, Today, health departments and local government fund 70% of the cost of State mandated services; and WHEREAS, the demand for services such as Family Planning, Immunizations, and WIC (Women, Infants and Children) have increased exponentially in the past year due to the downturn in Michigan’s economy; and WHEREAS, proposed cuts in Family Planning services will result in 4,000 less women being served in the State. Teen pregnancy Increased in the State in 2006 for the first time since the early 1990s and about 50% of those births were covered by Medicaid the State should be increasing this preventive care line item rather than reducing it; - NOW, THEREFORE, BE IT RESOLVED, that the Manistee County Board of Commissioners hereby requests the Michigan Legislature to add $5 million for Local Public Health Operations (LPHO) in the Department of Community Health budget for fiscal year 2009/10; and ) BE IT FURTHER RESOLVED, that the Manistee County Board of Commissioners requests the Michigan State Legislature to restore the following (Healthy Michigan Fund and Department of Community Health> cuts proposed in the Governor’s budget recommendation reductions in Sexually Transmitted Disease funding; reductions in Family Planning funding; elimination of methamphetamine clean-up funding; reductions to chronic disease prevention; elimination of funding for poison control centers; and elimination of funding for the Nurse Family Partnership; and BE IT FUTHER RESOLVED, that the Manistee County Board of Commissioners implores the Michigan Legislature to not make any further reductions to State revenue sharing payments to counties; and BE IT FURTHER RESOLVED, that copies of this resolution be submitted to Governor Jennifer Granholm, State Senator Michelle McManus, State Representative Dan Scripps, the Michigan Association of Counties, and MALPH. ) STATE OF MICHIGAN )ss. ) COUNTY OF MANISTEE I, Marilyn Kliber, County Clerk, do hereby certify that the foregoing is a true copy of a Resolution adopted by the Manistee County Board of Commissioners at its regular monthly th day of April, 2009, by the following vote: meeting held on the 28 YEAS: NAYS: NOT VOTING: I further certify that the foregoing Resolution is a true, correct and complete transcript of the original of said Resolution appearing on file and of record in my office I further certify that the meeting was held and the minutes therefore were filed in compliance with Act No. 267 of the Public Acts of 1976. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the County ’ day of April, 2009. of Manistee this 28 CLERK OF THE COUNTY COMMISSION MANISTEE COUNTY, MICHIGAN Marilyn KIlber, County Clerk (09_09) rn h resekjtons 09 )9 P’JbhC Health} kosI:(L T%C TTOW%F\ SIRVI(F ;ki:%lI:I (qPPrA)Z’/X 8-,,,) III F .(,RII:lr%T entered into ilus du of March. 200 hctuen the ( I I OF I %I ii: herci naIler ‘t it a \1 k hican \lumc pal (‘rporation ot 7() \laplc ‘trcet. \ 1am’tee \liehin. the ( Ot I \ OF tAIS I FE hcreinaIter “( ount” of 41 i I hitd Street. \lanRtee. \hchin and the IAIsTFF: (OL TY PROSE (1 TI .\r1oRM thcrematler “P.V: ‘ . LIFREAS. the (tt desires to retain the sen ices nt the Counts and P.\ to proseutc ‘ iolati°ns ol certain (it ( )rdinanees and (odes and Slate Stutute. which arc h deilnition midcmcannr and tlonies. meludine tho%e acts identilied in the ( it s Code of ( )rdinanccs. ( hapters 4 It) I niflrm I ratlic (ode). 65( Oticn’ies Related to Propert> ). 6(2 tPeacc Disturhances (71) (Ri’ cr I ake and I larhor Regulations L () ( Vs eapons and I plost es. and ( hapter 3 I )rug Paraphernalia: and ‘j% S IIERFAS. the Count> and P \ desire to agree to prin ide prosecutor ser’ ices as misdemeanor and llon> matters occurring ithin the (‘it> ‘s jurisdictional boundaries: to such NOW, THEREFORE, the Cit. (‘ount and PA. Ihr uood and aluabIe consideration, receipt ot hich is hcrcb ackno ledied. do agree and contract as fl.l1o s: Prosecutorial Services: [he Count> and PA agree to prosecute those occurrences that occur ithin the City that constitute misdemeanors or felonies under the (‘its’s Code of Ordinances or State Statute. and to provide all services hich are necessary to promptly and efficiently prosecute such siolations ‘hich. in the sole discretion of the PA. merit the authorization of a ftwrnal complaint and arrant. Such cases shall he prosecuted in the name of the City of Manistee. 2. Prosecutorial Services Not Included: I he City agrees that this agreement does not include the prosecution otany act(s) that is only a ck ii infraction under the City’s Code oi’Ordinances. the prosecution ot’shich matters shall remain the responsihilit of the City and it’s City Attorney. 3. Term & Effecthe Date of Agreement: I his \grcernent shall co er the pcriods from January I. 2009 through December I 201 2. I he Agreement ma he reneed tr additional 4—> ear periods upon ritten agreement oI• the Parties. I he Parties ma terminate this \grecment by pros iding ritten notice to the other Parts ies.) l’ ovcmber I 5’ oteach calendar sear. Such termination shall become et1eti e at the close nihusiness. on l)ecemher SI” otihe calendar scar in hich the notice is i’en. If no notice of termination is. t imek i’ en. it i cpres.k understood that the agreement ‘.hal I .onhmnuc tr an additional car at the last etleLti’ e mnual rate of e’mpenatlon . 3 Pa’ rnvnt% fr %cn lets I he ( it ‘hal I (or the cr\ ices. to he rcnderd (‘ the ( nunt and the P \ as. I’l lo s. I otal Pa’ mciii to Pi ment to P.t mena ( ‘tmnt I’ros.ccutor I I — I I I 5% )J .‘ ( ‘ ‘ ‘s”. I(49 s.’ I ( 1 ‘s( (j ‘.1Xit ___________ ___________ ___________ ___________ ___________ ___________ ________ ______ ____ I I 12 thru 12 30 12 _______ SI 1M72 Sfr303 I he remaining three ears ol the contract ill be raised h 2(> n annuaII shall be split S °o to Uount Prosecutor and 36 4 O to Manistee (‘ount 48 I tital pa menis Annual pa ments shall be due on the I 5 da of’ Januar of’ the respecti e cars. I he pa ments designated aboe are lr the (‘ount> and PA. h allocation of ‘.uch pa mciii btti tli C oums trid ah P shall N. suht to Jung. at ah sok rsponsabilit and prerogatPe of the Counts and PA. I he Uit shall be notified of such changes prior to the pamcnt date. 5. interpretation: [his Agreement shall be interpreted in accordance sith the las ot’the State of Michigan. 6. Entire Agreement: [he Parties ackno ledge and agree that this is the entire agreement beteen them regarding the subject matter hcreot and there are no other agreements. express or implied. ritten or oral, that have not been specifically incorporated herein, 7. Binding Effect: [his Agreement shall be binding upon the respective Parties, their heirs. successors and assigns. City of Nianistee By: Date: Cynthia A. Fuller. Mayor Date: Michelle Wright. City Clerk County of Nianistee By: Date: Allan (YShea. Chairperson. Board of’ Commissioners Ianistee County Prosecuting Attorney Ford K. Stonc. Prosecuting ttorne — Michigan DEPARTMENT OF HUMAN SERVICES LAWSUIT SETTLEMENT COULD COST COUNTiES Association of Counties By Ben 8odki MAC Legislative Coordinator Published by Michigan County Commissioners Educational Research (USPS 344-88018SN 0896-646X) Michigan Association of Counties wet’ site address: www rn/count/es. org Inside Ibis Ed/lion Letter tram the President,... 2 County Revenue Sharing 3 MAC in Action , . .,. 4 Grant Services 5 NACo News 6 Catenar of Events COBRA Pri ons in Stimulus 8 Graham Institute Lecture embershp Information 8udeI & Fnanace Training 18 Last year the state Department of Human Services (OHS) was sued by an out-of-state child welfare group called Children’s Rights. The group has sued about a half dozen states successfully in the past and the department wisely settled the suit out-of-court, which probably saved the state half the cost of the suit. As it is, the department will spend about $250 million implementing the changes required in the settlement agreement. The problem, however, is that when DHS settled the suit with Children’s Rights they never brought counties to the table to discuss the terms of the agreement. As half of the funding source for foster care and juvenile justice in the state, counties certainly should have been consulted before the agreement was reached. It seems the department agreed on your behalf to commit counties’ checkbooks to up to $32 milhon in new spending that can be calculated and more that can riot be calculated PP/ good for the children, because they provide a stable person who the child knows in the child’s life. The problem has been that these placements are traditionally not licensed as foster care homes, because of the emergent need of the placement. The department has not followed its policy of licensing these placements, and so the Children’s Rights made this issue a part of the suit. There are about 7,000 unlicensed relative placements in Michigan. Because they are unlicensed, they currently are paid entirely through cash assistance, known as the Family Independence Program, or FIP. No county funds are expended on unlicensed relative placements. As a result of the settlement agreement. the department must make every effort to license these placements, which will require counties to pay for half the cost of the placement As of last fall OHS expected to be required to move 5.993 of the 7 000 cases Relative Placement to licensed placement Of those. 43 should be etigble for federal Ttle lV-E funding whICh The calculable portion of the lawsuit for ouId replace the county halt of the funding counties comes from the subject of relative requirement This leaves roughly 3 237 cases 2acer”ent It has been DHS practce c ace that will be rew to tcster care and require 50 chl’ren who have been remo,ed from the drg irom courtes The 1 oster pa’er’s bor—e vth relat’es 1 at all possibe These ualafy for ether 51759 or 514 24 per Ia 1 socalled relative p acements’ are generally depening 1 on the age of the child If the case “,‘tJ Legislative Update cnt ied frii pa II is managed by a private agency that agency qualifies for $27 00 per day to manage the case The Governor recommended increasing the daily rate for private case management by S 1000 per day to $37 00 per day. because of the likely increase in caseworkers needed by the private sector as a result of the lawsuit The most this portion ol the Suit could cost counties (if all of the placements were private, the daily rate were increased to $37 per day, and the children all qualified for $17.59 per day> is more than $32 million annually. If the private agency daily rate remains at $2700 per day. the cost of relative placement tops out at $26.3 million annually. Other Costs of the Lawsuit There are other areas in the lawsuit that wilt cost counties money, but the amounts are unable to be calculated. Under the settlement agreement, both the department and private agencies must reduce their caseload ratios for foster care case management to 15 cases per worker. This new 15:1 ratio wilt cost counties because the department will be forced to send more cases to private agency case management to meet the requirements of the new ratio. This shift in caseload from the department to private agencies will cost counties by adding the $27.00 daily rate to every case that moves from public to private case management. Under the Governors proposal, of course, that daily rate would go up to $37.00 per case per day for all privately managed cases. No one has yet been able to calculate how many cases will shift as a result of the new 15:1 case management ratio. Solutions MAC has proposed two solutions to the problem. and has identified the money necessary to hold counties harmless under the settlement agreement. We need county commissioners to discuss these solutions with their legislators. because it wilt be difficult under the current economic circumstances to get new money. even if you identify it. You may recall a few years ago the federal Congress passed the Deficit Reduction Act. Under that act, states were forbidden from using federal child support incentive grants to match regular federal child support appropriations As a result, the Governor backfilled the federally created hole in child support enforcement matching funds with state General Funds (OF>. to the tune of $16.7 million annually. Fast forward to today As a result of the federal stimulus package. and two year moratorium has been placed on the federal rule that banned matching the child support funds with child support incentive payments So. the S16 7 million in state GF appropriated for the current year (FY09). and recommended by the Governor for FY10 are no longer needed to keep child support entorcemen whole Th’ Friend øf the Court Association (FOCA) a part of the COuflt family of agencies requires a small piece of the S33 4 rml)u’ to remain whole in another part of their budget leaving about $30 million up for grabs MAC recommends using this money to help hold counties harmless under the settlement agreement In addition to the funding source above, MAC believes that a lul $5 million in state General Funds can be saved from the partial closure and restructuring of the Maxey high secure detention facility. This savings would result in an additional $2.5 million not previously recognized in the budget, bringing the total available for counties to $32.5 million. If the private daily rate remains at $27.00 per day, $32.5 million may cover all of the costs associated with the lawsuit settlement for counties. There are two ways to apply this savings to hold counties harmless. The preferred, but more difficult way would be to change the state/county match rate far foster care and juvenile justice from 50% / 50%, to whatever $32.5 million would get as a state-side match increase, so it it results in a state/county match of 60% / 40%, just as an example, we have a policy change that results in counties being held harmless from the lawsuit costs not only in the coming year, but in the future as well. This solution requires not only us getting the money we identified, but also passing separate legislation to change state statute establishing the state/county match rate. The other solution would be to simply appropriate the money In the budget with boilerplate indicating that counties will be held harmless from the lawsuit settlement. This solution, of course, requires counties to fight each year thereafter to keep the money in the budget. statute would not require it. MAC is pursuing both solutions in order to keep all options on the table. At the time of writing this article, the Senate had recommended including a line item in the budget for the purpose of holding counties harmless. This line will allow the discussion of how to hold counties harmless to continue to the end of the budget process. Unfortunately. no money was appropriated to the line beyond a simple placeholder amount We have been told that a decision will be made an what to do wtth the money MAC identified after the child support enforcement money is released in the current year budget through the budget supplementa process Meanwhile, we need to begin work trying to get the House to include the money in the budget for counties Please contact both your Senators and House members and ask them to hold counties harmless from the DHS lawsuit MAC has identified the money now we simply need a commitment from the legislature If the state does not want us at the table for negotiations. it should not be able to use our checkbook tO cut the deal _________________ CHAIRPERSON Allan (YShea VICE C[IAIRPfRSON hdard II.uk A Manistee County Board of Commissioners Frin Kma1ski Mnastec County Courthouse’ U5 11iid Strct • Manhice. Mihgn 3%() (flena Lot Carl Runke CLERK %lJnl)n Khher 1211) 12?3331 C(PTROLLER/ADMINISTRATOR Thomas Kaminki 1211) 19* 1500 RESOLUTION SUPPORTING ADEQUATE STATE FUNDING TO HOLD COUNTIES HARMLESS FROM THE DEPARTMENT OF HUMAN SERVICES LAWSUIT SETTLEMENT AGREEMENT At a regular meeting of the Manistee County Board of Commissioners held in the Manistee County Courthouse & Government Center, 415 Third Street, Manistee, Michigan, on th day of April, 2009. the 28 PRESENT: ABSENT: The following resolution was offered by and seconded by WHEREAS, the State of Michigan Department of Human Services was sued by Children’s Rights regarding the care of children in foster care and juvenile justice; and WHEREAS, the Department of Human Services settled the case out-of-court without consent or consultation from Michigan’s counties; and WHEREAS, Michigan counties are the funding source for one-half of the costs of foster care and juvenile justice services in the State of Michigan; and WHEREAS, the cost of the settlement agreement between the Department of Human Services and Children’s Rights would require MichigaWs counties to pay, without their consent, up to $32,000,000 per year statewide in calculable costs, with additional county costs evident that are not able to be calculated; and WHEREAS, Michigan’s counties face staggering cuts to services across the board due to declining property tax base, state funding cuts to support mandated services, increasing responsibilities eliminated from the state government being forced to counties, and Increasing state regulation; NOW, THEREFORE, BE IT RESOLVED, that the Manistee County Board of Commissioners urges the legislature and the Governor to hold counties harmless from the increased County Child Care Fund expenses associated with the agreement reached between the Department of Human Services and Children’s Rights; and BE IT FURTHER RESOLVED, that this resolution be distributed to the Governor, Senator Michelle McManus, Representative Dan Scripps, and the Michigan Association of Counties for their consideration and action. ) STATE OF MICHIGAN )ss. COUNTY OF MANISTEE ) I, Marilyn Kliber, County Clerk, do hereby certify that the foregoing is a true copy of a Resolution adopted by the Manistee County Board of Commissioners at its regular monthly meeting held on the 28th day of April, 2009, by the following vote: YEAS: NAYS: NOT VOTING: I further certify that the foregoing Resolution is a true, correct and complete transcript of the original of said Resolution appearing on file and of record in my office. I further certify that the meeting was held and the minutes therefore were filed in compliance with Act No. 267 of the Public Acts of 1976. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the County of Manistee this 28 day of April, 2009. CLERK OF THE COUNTY COMMISSION MANISTEE COUNTY, MICHIGAN Marilyn Kliber, County Clerk (09_08) [In h:\resolutions\09_08 OHS LawsutJ A Manistee County / FQL .\I.IZ I1O’% I)I:i’AwaiF I S TO: Manistee County Board of Commissioners FROM: Peggy Falk. Equalization Director DATE: April 28, 2009 RE: 2009 Manistee County Equalization Report The 2009 Equalization Report has been completed. Pursuant to Michigan Compiled Laws Section 211.34 the County Board of Commissioners shall meet in April each year to determine County Equalized Value. I have examined the assessment rolls of the townships and the city in Manistee County and determined whether the real and personal property has been equally and uniformly assessed at true cash value. All townships and the city are assessed at 50% of true cash value as prescribed by law. Manistee County has 349 969 61 acres that is divided by 24 314 real propert descriptions for 2009. The County Equalized Value for 2009 is $ 1.590.623.641 which represents a decrease of 1.34%. The amount of loss over last year is $21,575,559. Equalized Value is based on Market Value. Since Proposal A went into effect in 1994 property taxes are paid on Taxable Value. This year’s Taxable Value is calculated with a formula using the State Tax Commission published inflation rate of 4.4% and including any new construction. A property’s State Equalized Value can also become the Taxable Value. After a transfer or sale takes place the value becomes uncapped and the following year the current State Equalized Value becomes the Taxable Value for that sear. The succeeding sears the Taxable Value ill increase onl by that year’s published rate of inflation plus an ne construction or until the property is once again transferred. The 2009 Counts laxahie Value is Sl.104.958,012 hich represents an increase of 3 amount of ain oer last year is $37.629.928. 53°o [he