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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 (' (. .0 !,lIt I? M);~ no ~1{~ 't,l It\': _v '" rJ' :.)/\1 ;lJ:J tJ \., ,..J _ 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 ~ o c 'i CIS o ell of CIS CL 'CI C :::J o .c e C) CD :::J cr :::J .Q :::J Q - C> ca a. .5 s o I- i .., !Xl ~ '" ... I D II:: -! '0 ~ J ~ .5 ~ ~ ~ J (/) to C'l CI N i ~ ~ ~ g ~ ~ ~ ;; Sf ~ ~ .. e. - ~ ~ . ~ ~ ~ ~ ~ ~ ~ g ~ ~ ~ ~ i Ul ... g ~ ~ ~ ~ ~ ~ ~ ~ to ~ ~ i ~ ~ ~ ! i ~ to ..- J I I ~ I t ~ ~ ! E I ~ ~ I · :qid E ~ ~ ~ ~ J d H!! g(/)~cSf3i ~ ~~ gZI .Ej; ~~<t lI::il ~(/)ii) Q ..- .. GI :@ .!~ 00 .0 ; o - GI 'O...&- .s 0 :::J S ~.g moo .. s CJ t'G a- E - >< t'G I- 0) c: -- E t'G (!) "tS CD In t'G ! CJ c: - to CI II? Q ..- I SUO!ll!W SJB/lO(] co II) .. C"') N - 0 ~ ~ f? SUOlII!W SJBnOa I! .0 d ~l; u .. to ~ .. o o N C"') o o N N o o N - o o N L- eo Q) >- o o o N m m m - 00 m m - ..... m m - 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. 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