can be saved - Manistee County

Transcription

can be saved - Manistee County
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Manistee County Board of Commissioners
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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
_________________
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Manistee County Board of Commissioners
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CONTROLLlRIADMINIStRAYOR
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CHAIkPHSflN
Allan UShea
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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
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