11 29 00 Minutes this Meeting
CITY COUNCIL
OFFICIAL
City Council, Special Session, November 29, 2000
Council met in special session at 5:30 p.m. at the Five Flags Holiday Inn - Blue Moon Room
Present: Mayor Duggan, Council Members Buol, Cline, Michalski, Nicholson, City Manager
Michael Van Milligen, Corporation Counsel Barry Lindahl
Mayor Duggan read the call and stated this is a special session of the City Council called for t;;'J
purpose of discussing legislative issues. U
The City Council, County Board of Supervisors~ School Board Members, and representative~
of the Parochial School system met with area legislators to discuss issues of concern for the upcomQ~)
legislative session. if
There being no further business, upon consensus meeting adjourned at 8:45 p.m.
/s/ Jeanne F. Schneider
City Clerk
Approved
Adopted ~
,2001
2001
Mayor
-.--....--.......-------.------.-----------
'IIIl
Council Members
Attest:
---.------
City Clerk
CITY OF DUBUQUE, IOWA
PUBLIC NOTICE OF MEETING
'IIlil1ll!.lI11 --,- T
Government Body: CITY COUNCIL
Time: 5:~W p.m.
DrJte: Wednesday, November 29, 2000
Place. of Meeting: Holiday Inn Dubuque five Flags. Blue Moon Room
"'-l-
NOTICE IS HEREBY GIVEN that the ahove identified governmental body will meet at
th~ time, date and place as set forth above.
TiH.1 AGENDA for the meeting is as follows:
Dinner Meeting with Area Legislators, County Board of Supervisors, and Dubuque
Cornrnunity and Archdiocese School Boards
This notice is given pursuant to Chapter 21, Code of Iowa, 1999, and applicable
local regulations o'f the City of Dubuque, Iowa and/or governmental body holding the
ffi(!eting.
d-d&/#f~~<:f2)
{;"'~ne F. Schneider
City Clerk
ANY VISUAL OR HEARING IMPAIRED PERSONS NEEDING SPECIAL ASSISTANCE OR
PERSONS WITH SPECIAL ACCESSIBILITY NEEQ~-fSHAULD CONTACT THE CITY
CLERK'S OFFICE AT (319) 589-4120 oifP.Jj~I:(~l~):!X~~-4193 IN THE HUMAN
RiGHTS DEPARTMENT AT lEAST 48 H\)~~S PRIOR'TO'THE MEETING
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Special Session, November 29, 2000
Council met in special session at 5:30 p.m. at the Five Flags Holiday Inn - Blue Moon
Room
Present: Mayor Duggan, Council Members Buol, Cline, Michalski, Nicholson, City Manager
Michael Van Milligen, Corporation Counsel Barry Lindahl
Mayor Duggan read the call and stated this is a special session of the City Council called
for the purpose of discussing legislative issues.
The City Council, County Board of Supervisors, and School Board Members, and
representatives of the Parochial School system met with area legislators to discuss issues
of concern for the upcoming legislative session.
There being no further business, upon motion meeting adjourned at 8:45 p.m.
;'
~~d'44~~~J
0anne F. Schneider
City Clerk
TO: JEANNE F. SCHNEIDER
CITY CLERK
YOU ARE HEREBY DIRECTED TO CALL A SPECIAL SESSION OF THE CITY
COUNCIL TO BE HELD ON WEDNESDAY, NOVEMBER 29,2000, AT 5:30 P.M., IN
THE BLUE MOON ROOM AT THE HOLIDAY INN FIVE FLAGS FOR THE PURPOSE
OF DISCUSSING LEGISLATIVE ISSUES
1~~
11/28/00
CITY OF O'OSOQUE
STATE LEGISLATIVE ISSUES
FOR 2001 SESSION
Issues identified bv City staff for the 2001 session
Funding of Major Transportation Projects
The State of Iowa has used a strategy of allocating funds for completing the major
transportation projects in the state as opposed to using a piecemeal approach. This
strategy has been successful with extensive work being completed on major corridors.
The same strategy should be used for major projects in larger cities which require
significant funding commitments for completing the projects in a reasonable amount of
time, such as the Southwest Arterial, the Julien Dubuque Bridge and Highway
20/Dodge Street.
REQUESTED ACTION: Support efforts to <?ontinue the strategy for funding of major
transportation projects throughout the state.
Freezing the Escalating State Tax on Gaming Revenues
The State of Iowa currently levies a tax gaming operations of 5% on the first $1,000,000
of the adjusted gross receipts, 10% on the next $2,000,000 and 28% on the rest of the
adjusted gross receipts. The tax rate will increase at a rate of 2% each year until it
reaches 36% in the Year 2004. The scheduled increases in the tax rate will have a
devastating effect on the future of gaming operations in Iowa, especially Dubuque
Greyhound Park & Casino. Riverboats have no escalating tax and pay 20%.
REQUESTED ACTION: Enact legislation that eliminates the current escalator tax, or
set the tax rate at 23.7% for all gaming operations, riverboats included, which would be
revenue neutral to the State.
Enterprise Zone Incentives
The Enterprise Zone legislation was written to promote private investment in
economically distressed areas of a city or county. To assist new employees of
companies locating in enterprise zones, the legislation provides for employers to
establish a capital fund for down payments or rental subsidies. The business funds this
program through a credit from state withholding taxes, based on the wages paid to the
participating employees. An amount equal to 1.5 percent of the gross wages paid by
the employer is credited from the payment otherwise withheld, and used to capitalize
this fund.
2
This feature of the legislation has not been utilized to date. One reason is that the
credit produces so little capital for the housing assistance program. For an employee
earning $10 per hour, the credit equals approximately $300. Typically, down payment
assistance programs offer $3000-5000; rental subsidy programs average $2500-3000
annually. In order to make this program effective, the credit for withholding should be
increased.
Another option is to allow the credit to be "pooled," to be made available to all eligible
employees. As the legislation currently is written, the 1.5 percent credit is made
available on the basis on withholding on individual employees-for the benefit of only
that employee. If the credit could be aggregated, a larger capital fund could be
established, from which all employees purchasing or renting housing in the enterprise
zone could access funds for their housing needs.
Another reason for lack of employer participation in this program is that the legislation
requires the employer to choose between use of the tax credit for job training or for
providing a housing assistance program. Employers to date have chosen to use the
credit to pay for training new employees.
REQUESTED ACTION: The legislation should be amended to provide the credit for
both job training and employee housing assistance and to "pool" the funds. This will
increase the tax credit and increase interest in the program by employers.
Military Tax Credit
The State of Iowa provides for veterans to receive a military tax credit on their property
taxes. The credit reduces their City property tax by the levy rate of the City, which is
$10.71 per $1,000 of valuation. The State, however, reimburses the City only $6.92 per
$1,000 of valuation and leaves a $31,650 deficit for other property owners to pay.
REQUESTED ACTION: Enact legislation to fully reimburse cities for the State of Iowa's
military tax credits.
Reimbursement Rates for Police Training
Cities are required to send new police officers to the Iowa Law Enforcement Academy
for 12 weeks of training at a cost of $13,000 per officer. This investment in the officer's
training is lost if the officer leaves the force soon after the training. The State is
currently phasing out a program to reimburse cities for these costs which was funded in
the amount of $47,500 for the entire state.
REQUESTED ACTION: Enact legislation to provide a higher level of reimbursement for
the losses cities incur when law enforcement officers leave a force soon after the
training.
3
Property Tax Reform
The current tax structure for state and local governments is a mix of tax laws, rates and
policies that do not provide for a fair and consistent tax system. It is the result of many
years of adopting tax changes that mayor may not be consistent with previous laws or
tax policies. Often the tax policies are contradictory, such as the residential rollback's
shift of tax burden from residential to commercial and industrial property owners, and
the elimination of machinery and equipment tax which shifts the tax burden from
industrial to residential and commercial property owners.
REQUESTED ACTION: Perform a comprehensive review of the entire tax structure of
the State of Iowa and design a tax structure that provides tax equity and policies that
are consistent with an overall direction for state and local government taxation.
Eliminate the "20% Objection Rule" for Rezonings
Section 414.5 of the Iowa Code requires a favorable vote by three-fourths of the City
Council's members, or a 6 to 1 vote, to approve a rezoning request over the written
objections of 20% or more of the owners of property being rezoned, or 20% or more of
the property owners within 200 feet of the sl,Jbject property.
The concepts that nearby property owners have a say in rezoning cases is valid;
however, this must be balanced against the needs of the entire community. At 20%, a
minority of the property owners can dictate the outcome of community development,
especially when one property owner with a large tract of land can constitute the entire
20%.
REQUESTED ACTION:
Raise the "objection percentage" of owners of property within 200 feet from 20% to a
simple majority; or require a favorable vote by two-thirds of the City Council members,
or a 5 to 2 vote, when the objection threshold is reached.
Property Owners as Representatives of Historic Districts on Historic Preservation
Commissions
Section 303.34 of the Iowa Code requires that: "At least one resident of each
designated area of historical significance shall be appointed to the commission." This
requirement is problematic for the City of Dubuque's Old Main Historic District, which is
primarily commercial. It would be beneficial for the City in the recruitment and retention
of commissioners to be able to appoint property owners to represent historic districts
Furthermore, since historic preservation regulations apply to the rehabilitation,
renovation and restoration of property, allowing property owners to serve on the
commission would be appropriate.
4
REQUESTED ACTION
Enact legislation which allows for property owners to represent historic districts on the
Historic Preservation Commission.
State Mandates
Cities are often faced with implementing mandates from the state and federal
governments without receiving the necessary funds for implementation.
REQUESTED ACTION:
Enact legislation which exempts local government from providing any new service or
engaging in any new activities if the state does not provide full funding.
Skate Park Liability
The Iowa Code provides liability for cities for persons using roller blades and skate
boards in skate parks. There is a strong interest by bicyclists to use the skate parks.
However, the Iowa Code does not exempt cities from liability for skate parks used by
bicyclists.
REQUESTED ACTION:
Enact legislation that exempts cities from liability for skate parks used by bicyclists.
Juvenile Detention Facilities
Dubuque's local law enforcement community is in need of a more conveniently located
juvenile detention facility. State funding is needed to support a local facility.
REQUESTED ACTION: Enact legislation that provides funding to build and operate a
juvenile detention facility in Dubuque County.
Alternative Revenue Sources
Cities in Iowa have seen the erosion of federal and state funding in the past several
years. This has forced cities to rely more heavily on property taxes to fund the delivery
of public services. The state should try to assist cities in reducing their reliance on the
property tax. Allowing use of additional alternative revenue sources would help to
accomplish this.
REQUESTED ACTION: Enact legislation that creates alternative revenue sources for
municipalities.
5
Provision of Child Day Care
The major changes in the welfare delivery system in the past years will have impacts on
citizens, businesses, agencies and all levels of government. The requirements that
recipients acquire a job or attend an educational institution will cause people to be away
from the home more frequently. The trend is also continuing in which both parents of a
family work outside of the home to maintain an adequate standard of living. These
changes and trends are creating an increase in the need for quality child day care by
families.
REQUESTED ACTION: Enact legislation which provides solutions and funding for day
care services for families.
Traffic Charges Based on Vehicle Registration
Photo enforcement of traffic is becoming more common in law enforcement. In fact,
Dubuque is being considered as one of two sites in Iowa for a pilot project for such
enforcement. Most applications of this technology take identifiable photos of the
vehicle and license plate, but generally are not able to obtain an identifiable photo of
the driver.
REQUESTED ACTION: Enact legislation which would allow filing and prosecution of
certain traffic charges based on vehicle registration as opposed to specific identification
of the driver. This would facilitate photo enforcement of traffic light violations and photo
radar enforcement.
6
League of Iowa Cities Positions for the 2001 session
Priorities:
1. Preserve city authority to utilize tax increment financing
2. Pursue legislation that provides for a more equitable distribution of the
property tax burden among classes of property
3. Establish a 50 percent floor on the residential rollback
4. Prevent imposition of a property tax limitation on local government
5. Allow an inflationary adjustment to the square footage fee assessed to mobile
homes
6. Exempt municipal swimming pools from sales tax
7. Pursue legislation that reduces the impact of commercial and industrial valuation in
calculating the machinery and equipment (M & E) tax reimbursement for
communities that contain a substantial amount of M & E in the tax base. A financial
safety net should also be provided for all communities that demonstrate a
compelling need for additional revenue due to M & E loss.
Other Important Issues:
1. Eliminate the administrative fee on local option sales tax
2. Pursue legislation that equitably distributes the cost of law enforcement
protection among citizens and correlates those costs based on services
rendered
3. Pursue legislation directing an interim study of Road Use Tax Fund and a
review of the current allocation formula
4. Seek additional funding to enhance and build upon the Brownfield
Redevelopment Program
7
League of Iowa Cities General Issues for the 2001 session
Diversify the Population
Diversify the population means changing the demographics that currently exist.
Diversity is not limited to race or nationality but includes gender, age and several other
elements that in the aggregate, combine and celebrate the differences that exist among
people and the more inclusive world view that develops as a result of variety. Local
government would like to aid your efforts in making Iowa a receptive and desirable
home for immigrants. Assimilation must be done at the local level and city officials
should playa key role in accomplishing this goal. Retention of young people is also a
high priority, and we are well aware of the importance of high-quality jobs as a vital
component to retention. Cities have assumed an increasingly larger role in economic
development and job creation continues to be a priority.
Provide access to Advanced Telecommunications Services Statewide
This is one of the most fundamental issues to ensuring the future vitality of Iowa. If
rural Iowa is to thrive, it cannot fall behind the technology curve. The recommendations
of the report focus on providing incentives to the private sector to encourage access to
telecommunications service. We support that encouragement but believe it should be
coupled with an acknowledgement that it may fall to city officials to provide this access.
As we have seen in efforts to provide telephone service to rural communities, it is often
unfeasible for the private provider to invest in these areas. The only alternative has
been to build municipal telecommunications utilities to bring service to the area. If a city
believes it is in the best position to provide service at a reasonable cost, it should be
encouraged to do so. The League will also work to encourage city governments to
employ technology at city hall.
Make Iowa a Great Place to Visit and Live
With passage of the Vision Iowa Program and continuation of the Community Attraction
and Tourism Program, we are off to a good start in recognizing the important quality of
life issue that recreation represents. Communities across Iowa take pride in their
heritage and culture and welcome the opportunity to work with the state in capitalizing
on a rich history and scenic natural resources.
Increase Wages and Income
The Iowa 2010 plan addresses the need for revision and simplification of the tax code
and a major part of the equation in meeting the above-stated goal. The League also
supports simplification of the property tax system in particular. The recognition of taxing
goods purchased over the Internet in a manner that is equal to other purchased goods
is critical to maintaining Iowa's viability and reducing reliance upon property taxes.
Consideration of Service Delivery
City officials understand that to remain economically efficient, sharing of service
delivery must become common practice. We particularly support the recommendations
8
contained in the Iowa 2010 plan that recognize local efforts at shared services that are
already in place and that the Planning Council urges incentives for shared services
rather than mandating the practice.
Amend the process for appealing actions by the Historic Preservation
Commission.
The City Code follows the language Section 303.34 of the Iowa Code of the State Code
in terms of the appeal process. In both codes, an aggrieved party may appeal the
Commission's action to the City Council, and then on to district court. The City Council
and the district court have to consider whether the Commission exercised its powers
and followed the guidelines established by law and ordinance, and whether the
Commission's action was "patently arbitrary and capricious".
The City Council indicated that the appeal process needs to be revised, and that a
different process needs to be available. Under current State law, however, there is no
other appeal process available.
Given the wording of the State Code, it is not possible for the City Council to decline to
hear any appeals from HPC actions, for another governmental body to hear appeals, or
for these appeals to be made directly to district court (as they are for the Zoning Board
of Adjustment). To have a different appeal process, State law must be changed.
REQUESTED ACTION:
Enact legislation which allows the City Council to decline to hear any appeals from
Historic Preservation Commission actions, for another governmental body to hear
appeals, or for these appeals to be made directly to district court.
9
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PHONE: 319-589-4441
FAX: 319-589-4478
:J)utUljUl' Count'J
Board 0/ Superlli,sor:l
COURTHOUSE
DUBUQUE, IOWA 52001-7053
DONNA L. SMITH
ALAN R. MANTERNACH
JIM WALLER
DUBUQUE COUNTY LEGISLATIVE PRIORITIES
2001
Presented
29,2000
1. Local Option Tax
2.
During the last session of the legisl(:J
Option Sales Tax legislation to de
Department of Revenue and Financ
collection and distribution ofr
implementation of the Local
in local option sales tax revenues by the
. strative costs associated with the
We also learned in investigat~n
from the time it is collected tinti
We believe that interest ds
the tax is collected, esp
collected as a result
erest earned on local option sales tax
deposited in the State's General Fund.
ed to the local governments for whom
n to utilize a portion of the monies
t the funds fo s ecific uses.
3.
@ 4'i~3~:ii~1148-M
appropriation, we are encouraging you to strictly devote the payments from the tobacco
settlement to health-related programs.
We further recommend that this additional funding be funneled to single county contract
designees (boards of supervisors or boards of health) for environmental and public health
nursing programs within local health departments, and that the priorities for its use be
those established at the local level.
Dubuque County has participated in the Iowa Department of Public Health's Community
Services Bureau Single Grant contract since its inception. Under this program, Dubuque
County in fiscal year 2001 receives $200,664 for the Home Care Aide program, $15,000
for the court-ordered Home Care Aide program, $59,960 for the Public Health Nursing
and $8,392 for the Senior Health Program. These amounts are static from those received
in fiscal year 2000. We contract these services with the Visiting Nurse Association
through the County's Board of Supervisors..
However, Dubuque County also spends $15,000 for public health nursing services to
persons in need who do not necessarily meet the criteria for the state's public health
nursing program and an additional $80,000 to pay for additional necessary public health
. .
nursmg servIces.
Because of new federally-imposed restrictions on Medicare and Medicaid funding for
home health services, Dubuque County has reached a crisis point in providing those
services. The Visiting Nurse Association reports that Visiting Nurse
Association Finley Home Health Care and Mercy Home Health Care are making referrals
to the programs funded through the State ofIowa Single County Grant and County
Property tax much sooner because Medicare, Medicaid and private health insurance
funding have been exhausted.
As a result, fewer clients are being served with the state and local monies. This issue
must be addressed statewide. Weare asking that a significant funding increase in the year
2002 would achieve a 50% state-county partnership in funding for Public Health Nursing
and Home Care Aide programs.
4. Abandoned Wells
The Water Well Grants-to-Counties program from the Department of Natural Resources
has been decreased from $21,500 to $15,000 per county, at the same time that the DNR is
mandating that all abandoned wells be closed. It is estimated that there are 30,000 more
abandoned wells in Iowa that need to be closed. Rehabilitation of wells has also been
added as an eligible category for the grants.
2
We are asking that the grants be restored to at least the $21,500 figure in order to
encourage property owners to close abandoned wells.
5. Environmental Health & Zoning Issues
We ask that the legislature insert a definition of a "farm" for zoning purposes.
The legislature must determine under what circumstances corporate commercial animal
confinement facilities fit within the agricultural exemption for zoning purposes. The
legislature must also determine definitions counties can utilize when rural properties are
sub-divided and precisely under what circumstances these developments fit within the
agricultural exemption
6. State Papers
The Dubuque County Board of Supervisors continues to be supportive of the partnership
between the University ofIowa Hospitals and Clinics, the State, and counties for the
medical care ofthe indigent. During fiscal year 2001 (the current year), we had utilized
114 of our quota of state papers by November 1, leaving a balance of 44 papers for the
remaining 7 months of the year.
With the increasing number of uninsured or under insured adults, it may be time to
reevaluate increased availability of state papers for needy people.
7. Mental Health Parity
Iowa does not currently require that health insurance policies cover treatment of inpatient
and outpatient mental illness and chemical dependency at the same level and with the
same annual and lifetime limits as physical illnesses. The discrepancy in the law is
discriminatory and needs to be corrected. The State should amend the Code to adopt an
insurance parity law that requires insurance carriers to use the same co-pays, deductibles
and annual and lifetime limits for mental health and chemical dependency treatment as
for treatment of other physical illnesses.
8. Substance Abuse Funding
Inadequate funding for substance abuse treatment has created a fragmented system with
statewide inequities to the access for treatment.
First, the State must appropriate monies to pay for the actual cost of detoxification, and
then, in a separate fund, the State must appropriate monies to pay for treatment and
follow-up services.
3
The State should also appropriate funds to increase the number of community-based
treatment facilities to appropriately treat substance abusers.
9. Mental Health Issues
A. Growth in MH/MR/DD Fund
The best possible solution to the Iowa dilemma for services for the Mentally Ill,
Mentally Retarded and Developmentally Disabled is for the State to assume
responsibility for this entire system. One way that this could perhaps be done is
for the state to assume the system and abolish the concept of legal settlement so
that clients could more freely move and be placed in appropriate settings closer to
home. Perhaps the State could assume that responsibility sooner if counties
would agree to pay to the state an amount based on current expenditures, which
would decrease each year for a period of years, at the end of which the county
responsibility would be completely gone.
There is a proposal from the Department of Human Services and the Central Point
of Coordination Restructuring Task Force to abolish the legal settlement concept
and substitute residency for it. This proposal is based on a principle of equitable
service access, and ideals that require funding to follow consumers wherever they
choose to live. Unless that goal is established first, legal settlement cannot be
abolished, because counties like Dubuque, which offer a rich array of services,
will be magnets for disabled persons from other counties.
The various counties will have individual, unique situations in that fund, too. For
example, in our budgeting process in fiscal year 1998 in that fund, a credit from
the State of Iowa for state cases resulted in our lowering the levy, despite the fact
that the needs in that fund are substantial. The lower levy does not reflect
decreased need; it reflects a substantial unusual revenue source, so we urge you
not to tie growth allocation to the levy rate in the MH/MRlDD fund.
Fund balances in the MH/DD Fund have also become an issue during the past two
years. While Dubuque County enjoys a large fund balance in this fund, we
remind you that there continues to be confusion with billings from the Iowa
Department of Human Services for expenses at the Mental Health Institutes and
for Medicaid payments.
B. Medicaid Rehabilitation Option for Mentally Ill.
We have hopes that utilization of the Medicaid Rehabilitation Option recently
implemented by the Iowa Department of Human Services will provide sorely
4
needed services for the chronically mentally ill. We thank you and the
Department for your work in formulating this option for services for that
population.
c. Property Tax Relief
The State of Iowa has not yet reached the 50% of the county base the legislature
projected when the mental health reform began.
The non-federal share of the ICF/MR and HCBS Waiver Services for children
should be paid from funds other than the property tax relief fund which would
result in further property tax relief for Iowa's people. We also have seen no
improvement in the State's billing system for the Medicaid programs, i.e., Case
Management, ICF/MR, HCBS Waiver.
Beginning in fiscal year 2002, the Social Services Block Grant monies will no
longer be able to be supplemented with Temporary Assistance to Needy Families
funds from the federal level. Please appropriate state funds to replace the SSBG
funds that are currently being utilized for local purchase allocation to counties.
D. Managed Mental Health Care
Concerns about the State's managed mental health and substance abuse provider
continue with providers of service. Weare concerned that services for "state
cases" managed by the provider have equal access to services, in accordance with
the county management plan of the county in which the individual needing
services lives.
Dubuque County is particularly sensitive to the "state case" issue because of our
location, and because of the county's continued responsibility to pay for
commitment costs for "state case" clients from Wisconsin and Illinois who are not
actually committed to a state institution.
We suggest that the contractor's responsibility be expanded to include the
commitment costs for both mental health and substance abuse.
E. Long Term Nursing Care for Geriatric MH/DD Clients (ICF/PMI)
There are no monies available to develop specialized intermediate care facilities to
care for elderly and/or physically ill persons who have been diagnosed with
mental illness and cannot be managed in the traditional nursing home setting.
5
The legislature must direct the Medicaid program to develop a per diem rate for
residents based on the type of care provided, and appropriate funds to cover 100%
of the non-federal share of the cost.
This need grows consistently as people brought back to our communities through
the MH/DD system age and require nursing care, and as the aging population
grows. Through the 109-bed geriatric unit at Sunnycrest Manor, Dubuque County
has provided care for some of these clients when they met the county's criteria;
however, the county cannot care for all of this population at that facility for
several reasons. One of them is cost; this population requires enormous amounts
of staff time which the regular Title XIX reimbursement does not pay for.
Another is that the facility is not licensed as a PMI and to do so would endanger
the Medicaid money that we do receive for geriatric clients, through the
prohibition on utilizing Medicaid for a "large public mental institution."
The only beds currently providing the appropriate level of care are at Clarinda
MHI, which has been certified to receive a higher level of Medicaid
reimbursement. However, there is a long waiting list there, and persons who are
admitted to the program must leave their own communities.
F. Dual Diagnosis
Approximately 70 per cent of persons with chronic mental illness experience a co-
occurring problem with substance abuse. Treatment for dually diagnosed
individuals is a critical need. The DHS program available for these consumer is
in Mt. Pleasant, where beds are limited and costs are prohibitive; the county's
share of the per diem for the program $428.00. It is critical that the State and its
managed care contractors approach the needs of the dually diagnosed population
in an integrated manner.
G. Services to the Department of Corrections
Counties are being requested to fund MH/DD services to persons who are under
the jurisdiction of the Department of Corrections. This has happened to Dubuque
County in two ways:
(1) Requests for residential placement for persons who have
disabilities and/or have disabilities at the County's expense.
(2) Requests for vocational and/or counseling services for persons
brought to our county under the "interstate compact" to complete
requirements of probation.
6
It continues to be our position that persons under the jurisdiction of the
Department of Correctional Services are the responsibility of the State ofIowa.
There has been attention to this situation recently when the Des Moines Register
published a series of articles about the large percentage of people in Iowa's prison
system with a diagnosis of mental illness, and the lack of treatment opportunities
for those people. We continue to be concerned people having diagnoses of mental
illness remain the responsibility of the Department of Correctional Services and
encourage sufficient state funding to provide the services needed by persons
supervised by the department..
H. Civil Court-Ordered Services
In the 1980's the State ofIowa began transitioning the funding and supervision of
court services from counties to the state. This process was never completed and it
is time to do so.
As you study the issue of the employment status of Judicial Advocates, who are
currently actively seeking employment status either through the state or the
counties, consider that the counties meet non of the federal qualifications for
"employer" for these advocates. We do not hire, fire, train or supervise these
people; we should not be their employer for ethical reasons because the county's
interests in any case may be different from the Advocate's. Advocates should
either be paid in the same manner as Court-Appointed Attorneys, or should be
employees of the State ofIowa.
We also ask that court-ordered sheriffs transportation and other fees be paid by
the State, as well as court-appointed attorneys in the commitment process, and
any court-ordered diagnostic evaluation.
I. Brain Injury
Funding for persons with a brain injury is very limited and many of these
individuals need services that they are unable to obtain. Counties do not have
resources available to add a new population group to our management plans.
Therefore, we support the establishment of a state/federal funding stream to
provide services for persons with brain injury.
7
10. State Court Administrator's Office and Juvenile Court Services
As the situation currently stands, counties are paying a pro-rata share for space
occupied by State Court Administration in the Black Hawk County Courthouse.
We also provide space in our Courthouse, where space is scarce. We ask that you
amend Iowa Code Section 602. 1303(1)(b) to provide only that counties provide
offices for the district court.
We also ask that the mandate that counties provide space for Juvenile Court
Services be transferred to the state, which employs the Juvenile Court Services
staff. It is chaotic for us to be negotiating to rent space for an office that is
staffed by state employees, and where we have absolutely no control over the
numbers of people and therefore the numbers of offices that are necessary.
11. Funding of State Mandates
County budgets are increasingly burdened with the cost of current and new state
mandates. In order to avoid forcing additional spending onto the property tax, any
service mandated by the state must have adequate state funds to pay for it.
The mandate issue is complex. It relates to much of what we do, and in both
direct and indirect ways. For example, Dubuque County has had to employ more
prosecutors and needs more jail space because more people are being charged and
sentenced, although we know that the legislature did not specifically intend to
cause jail overcrowding when the legislation was passed.
Unfunded mandates force additional spending onto the property tax; any service
mandated by state legislation should have adequate state funds to support it.
12. Funding for County Jails
The cost of building and operating county jails continues to consumer an ever-
increasing share of the budget for most counties. One way to fight this is for the
State to guarantee the necessary fund to fulfill its statutory duty to reimburse
counties for holding state prisoners in county jails. The State ofIowa is required
to statute to reimburse counties for the cost of holding parole violators in county
jails, and to reimburse counties for work release violators and some OWl
violators. The current $900,000 appropriation falls short of the estimated $1.5
million necessary for full reimbursement.
The state should pay counties for housing all prisoners under the jurisdiction of
he Department of Corrections held in county jails or other county-paid facilities.
8
We have learned that in some states, Medicaid coverage is continued for adults
and children injail or detention during the pre-trial phase. If a person has already
been determined eligible for Medicaid prior to being detained in jailor detention,
it makes sense for these people to continue eligibility.
13. Juvenile Detention
Juveniles who are currently being placed in detention facilities may have needs
that exceed the ability of detention or shelter facilities to meet. There is a backlog
of youth waiting for placement in residential programs while youth needing
secure facilities may be placed in un-secured shelter facilities or in juvenile
detention facilities at costs exceeding $165 per day.
The state also continues to allow shelter facilities to charge counties for costs that
exceed the maximum paid by the state for shelter care. The disparity between the
shelter care per dame state-capped rate and allowable rates has grown to $32.07
per day, which is a cost shift to counties. We ask that the state pay for the cost of
shelter, increase the availability of residential placements for juveniles, provide
necessary programs for them, based on their individual needs.
14. Tax Credits and Exemptions
Property tax credits and exemptions are mandated by state law and administered
by county governments on behalf of all local taxing jurisdictions. Currently,
military service tax exemption is funded only up to a certain tax credit limit,
covering only about 20% ofthe total actual claims submitted for tax exemption.
The Department of Revenue & Finance has provided the following data for fiscal
year 1999:
Allowable Claims
State Reimbursement
Shortfall
$67,737,000
$56,287,557
$11,449,443
We support full funding by the State ofIowa for all mandated tax credits and
exemptions.
15. Tax sale property
Each year, the County Treasurer delivers to the Board of Supervisors a list of
properties which have been deeded to the County. We then prepare a Request for
Proposal to sell this property. Some of it is sold. Other parcels, however, are
9
pieces of bluff, lots which are too small, too steep, or too narrow. Infrequently, a
derelict building is located on one of these lots.
All of this is a liability to the County, particularly resulting from the terrain of
Dubuque County. When the property is sold, proceeds are shared with all taxing
districts.
We suggest that when these properties become delinquent and are ready to
become the property of a public entity, properties within a city become the
property of, and liability of, that city. The County would then assume the liability
and responsibility for the properties in the rural areas. When and if the property is
sold, proceeds would continue to be shared with all taxing districts applicable.
16. Tax Increment Financing
Tax Increment Financing Districts under Iowa Code Chapter 403 should be
changed so that the taxing authority establishing the TIF district can only create
an urban renewal area with the approval of each affected taxing jurisdiction of the
city or county and school that share the TIF base. TIF districts should be limited
to a certain number of years, specifically pertaining to TIF's designated for
eliminating urban slum or blight.
All TIF districts must also be required to prepare a fiscal impact statement prior to
approval.
Two cities in Dubuque County have created such districts for residential purposes;
one of the two created a district which includes almost the entire city, thereby
reducing the amount of money available for county services, although those
services must remain available to those citizens. Therefore, there is an additional
property tax burden on farmers, who are already facing extreme economic
difficulties.
17. Southwest Arterial
Weare encouraged by the news that the Southwest Arterial has been included in
the Iowa Department of Transportation's five-year plan for fiscal year 2005.
However, because the Southwest Arterial is such a vital link in Dubuque County's
transportation system, we believe that the project should be accelerated in the
plan.
10
2001 Top Legislative Priorities
2001 Top legislative Priorities
All 99 counties of Iowa are dedicated to the best service at the lowest possible cost for the
citizens and taxpayers they serve. The counties, through ISAC, support the concept of
representative government and encourage the preservation of flexibility for elected officials
to best represent the people who elect them.
In keeping with these principles, Iowa county officials are proud to present their "Top
Legislative Priorities" for 2001. With the prime interest of the citizens and taxpayers in
mind, we respectfully request that the following eight legislative objectives be considered
and approved by the 79th General Assembly of Iowa and approved by Governor Vilsack.
Iowa Commission on State and Local Taxation - In order to obtain true tax reform, all
elements of the system must be considered. Such effort must include an examination of
state and local income, sales, and property taxes and a comprehensive look at the services
funded by each revenue source. ISAC proposes that an Iowa Commission on State and
Local Taxation be created for these purposes. Commission membership should include
representatives appointed by leadership from both houses of the Iowa General Assembly,
Governor Vilsack, ISAC, the Iowa League of Cities, the Iowa Association of School Boards,
and other interested groups as deemed appropriate. To achieve best results, the
Commission should be adequately funded and staffed by the state. A time frame should
include a preliminary report 12 months from the time of enactment, and a final report by
18 months. The Commission should be retained for a few years to facilitate recommended
legislative changes and implementation of the results. Similar commissions have been set
into place in Colorado and Virginia.
Local Government Fiscal Reform Act - To show that counties are serious about relying on
the Commission for comprehensive tax reforms, we offer the following set of immediate
reforms in good faith:
· Financial Management Plans to use in budget preparation with forms to be approved
by the County Finance Committee in consultation with the Iowa State Association of
County Supervisors and Iowa State Association of County Auditors. This budget tool
(similar to mental health County Management Plans) would be used to assist counties in
identifying budget goals, service and program plans, revenue targets that are self-
limiting, and capital projects;
· 25% unreserved-undesignated fund balance allowance in general and rural funds
beginning in FY03 with a levy reduction formula to offset excess balances in FY04 and
thereafter if needed;
· Strong unfunded mandates protections (HF 2299 from 2000 legislative session); and
· General Obligation Bond Flexibility to allow counties to use debt levy for G.O.
Bonding in areas less than county wide for specified projects.
9
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