Per our conversation, I have attached information about the GAC/Leak Detection status.
Also, the next Water Technical Advisory Committee Meeting will be Wednesday May 20th 2:00 pm at City Hall.
Thanks,
Natasha
Natasha L. Henderson, City Administrator
City of Flint, Michigan
1101 S. Saginaw St.
Flint, MI. 48502
Email:
Phone: (810) 237-2057
www. cityofflint.com
161
xxxEND_PAGE:treasury01_b32_5109_5235_083
City of Flint
Water Quality Update
Tuesday May 13" 2015
Leak Detection
What: $900,000 Treasury Distressed City Grant for Leak Detection / Pipe Wall Assessment
Status: On schedule
An amended RFP for Services was returned and a qualified vendor “Echologics” has been
Identified. This company Is based In Georgia with strong financials and capacity to accomplish
the work.
The bid for services was ~$895,000. (Bid sheet included for raview)
The resolution is being routed through Legal and Finance and will make it to the City
Administrator this week.
The company has confinned that If the contract is signed in the next two weeks that they can
mobilize and begin work sometime In June.
The company has given a window of 10 ~ 14 weeks to complete the full scope of work.
Next steps: Complete the resolution approval process.
GAC Installation
What: $1,601,740 contract with LAN to design and install new filter media at the Water Plant
Status: On schedule
LAN has embedded someone in the Treatment Plant as a project manager for 15 — 20 hrs. per
week for prep work, testing, and updates. (Most recent update included for review)
Weekly updates come with a status report on all aspects of water quality concems and
improvements.
LAN has been in contact with the DEQ and expects to have final design plans submitted for
discussion by the end of this week.
A contractor and supplier have been contacted by LAN and are awaiting approval of the final
design specifications.
Next steps: Obtain design approval by the DEQ.
xxxEND_PAGE:treasury01_b32_5109_5235_084
Financially Distressed Cities, Villages, and Townships Grant Agreement
City of Flint
Grant # 210005-15
APPENDIX A ~
APPROVED BUDGET AMOUNTS
Water Main Leak Detection Survey and Condition Assessment
Below Is the approved budget for your grant project. Please note, we have assigned budget categories
to each of your original budget line Items. Use these categories when submitting your reimbursement
requests.
Budget Category Budget Description pippplication Aware Budget
Infrastructure - Repalr_| Project Planning $90,000.00 $90,000.00
Infrastructure - Repair | Mobilization of Crew to Site $27,000,00 $27,000.00
Infrastructure - Repair_| Leak Detection < 160" | 378,000.00, 000.00 iol id
Diameter
Infrastructure - Repair | Leak Detection > 16”
Diameter
Infrastructure - Repair _| Pipe Condition Assessment $135,000.00 $135,000.00
Comments
Le
i
a
a a
Budget Total $900,000.00 | _$900,000.00[ SSCS”
‘Reimbursement requests must include copies of invoices and cancelled checks (or equivalent)
supporting the costs.
Prior to the release of funds, the grantee will provide to Treasury an updated work plan / timeline,
related to the line items for which grant funding was recelved. The work plan / timeline should include
estimated completion dates and a description of the deliverable for each step.
Between the Start Dafe and the End Date specified on page 1, water and sewer rates may not be
Teduced,
xxxEND_PAGE:treasury01_b32_5109_5235_085
Part Il: Cost Proposal
7. Pricing
Pricing for this project is presented in below. All quantities are estimated based on
information provided by Flint. It is estimated that site work will take 10-14 weeks to
complete for 2 Echologics’ Field Specialists.
$3,500
Mobilization
ePulse™ condition assessmenl and EchoWave™ leak
detection, for transrnission main pipe. {214”
diameter}
First mile rate
ePulse™ candition assessment and EchoWave™ leak
detection, for transmission main pipe, [216"
diameter}
Up to 35 additional miles
Small diameter leak detection listening survey with
acoustic correlation (<16” diameter}
Up to 300 miles
Non-Revenue Water Study
Emergency Mobilization Fee*
Re-booking Fee* $5,000
Standby Fee* 2,200 | Per Day
Estimated Project Total $895,850
“If Echologics’ staff are unable to work due to any cause within the reasonable control of
Client, a standby rate of $2,200 per day will be billed
Echologics invoices monthly for completed work. Field tests and analysis will be
considered 80% complete upon the conclusion of the field tests, and 100% complete upon
the submission of the draft repart Each payment is due within 30 days. Payment terms are
subject to approval by the Echologics Credit Department. All prices are tn USD, and do not
include applicable taxes. Pricing is based on the standard terms and conditions provided in
this proposal, and ts valid for 120 days
CONFIDENTIAL Proposal # 42215089 37
xxxEND_PAGE:treasury01_b32_5109_5235_086
CITY OF FLINT WATER QUALITY STATUS REPORT
May 7, 2015
We are still working with the Water Treatment Plant staff to establish set criteria for raw and treated
waler data for your use, Most information is already in place but few are still in the works.
Question marks will be eliminated when data are available.
I. Issues of Concern
A. THM level tn Dort is 100
B. Reservoirs are intended to be used minimally prior to sampling; however, emergency
type events (Large water main break or a major fire) may require the use of water from
those reservoirs which could contain potentially high THM levels THM levels needs to
be analyzed weekly to understand trend changes in the levels before reuse.
C. Bids for Phase 1 of the 24” water main replacement have not been received yet and
therefore, the work will not be completed prior to the August THM sampling period.
Some of this work will be needed to help ensure low THM levels in August.
D. Cleaning of all reservoirs is needed and proper water circulation, within the reservoirs,
i recepimentied to help eliminate old age and warm water from developing high THM
levels
E. Water age in system is possibly being adversely affected by pump statron(s) operations
and flow back to WTP/Elevated tank. To be evaluated further with water model
F. The City needs to proceed with the design and developing plans for transfer pump
station to Dort reservoir.
G. Lime sludge removal from Bray Road needs to be planned soon to meet the agreed to
limits discussed with the MDEQ. None has been removed to date.
Il. Raw Water
A. TOC = ~10.8 mg/l, note internal values are showing higher than DEQ tab results
B. Temp = 15.6°C (60° F) on 5/6/15
C. THM = 22?
Ill. Treated Water
A. TOC = 3.7 (65% removal)
B. THM = ~40
C. Distribution THM
1. Sample Sites 1, 5, 6 — near 80
IV. WTP Operations
A. 17.3 MGD on 5/6/15
B. Un-softened stream currently around 1 MGD
C. items to be postponed until after May THM testing
1. East clarifier repair
2. Cleaning of plate settlers
3. Clean/repair slakers
D. RFP for polymer pumps to clarifiers is out - work to commence when awarded with
intent to be operational well in advance of the August THM sampling
E. Security improvements at the main gate are ongoing
F. One pump at Cedar St. PS is operational and SCADA control is possible by laptop until
communication issues are addressed.
Vv. LAN
A, Contract amendment is being signed. Liability language and scope for the construction
work will need to be incorporated as an amendment to the contract.
B. Hydraulic Water Model
1. Rob B provided additional information with help from billing.
2. LAN is working on model update which 1s to be completed approximately 1 month
after all existing water system information Is received
iQ Nn: Lockwood, Andrews
& Newnam, | nc.
BLED A DALY COMPANY
xxxEND_PAGE:treasury01_b32_5109_5235_087
C. GAC Media
1. Design ts underway: basis of design is being developed
2. Plan is to set up meeting with MDEQ, likely second or third week of May
VI. Distribution
A. Chlorine residuals are currently holding well
B. Flushing will begin week of May 11"
Vil. Preparation for Upcoming THM Sampling
. A strategy meeting was held on 5/5/15 w/ Rob B, WTP staff & LAN
All Reservoirs will be taken off line prior to sampling
Recommend flushing for sample sites 1 (McDonalds), 4 (Taco Bell), 5 (Univ. Market),
and 6 (Salem Housing) with 5 being the most critical.
. Staff will increase ferric dosage prior to sampling
Eliminate the softening bypass stream completely if possible
Decrease Cl, feed (already implemented)
"7g OB>
Tracking Data
Primary TTHM Sample Indicators
Flint River | Flint River | Chlorine TTHM Average
Leaving System
Water Temp WTP TTHM
5/06/15 15.6 4.1 40
4f2B/5 : q 4.5 2?
5/21/14 18.2 10.3 | 5.3 56
11/21/14 5.4 7.3 I 47 33 [ 50 |
2014 2015
No. Address Sample Location 5/21/14 8/21/14 11/21/14 1/27/15 2/18/15 5/6/15 May Max Last
Internal Internal Possible
1 3719 Davison McDonalds
2 8225. Dart BP Gas Sta.
3 3302S. Dort Liquor Palace
4 3606Corunna =‘ Taco Bell
5 2501Flushing Univ. Market
6 3216MLK Salem Housing
7 = $018Clio Rite Aid
8 6204N Saginaw N. Flint Auto
WTP Tap 56 86 33 16 8 40
Dort Res 153 2? 2? 100
CS Res 163 35 23 2? 64
WS Res 134 44 60 2? ??
kwood, qarews:
&Newnam,inc.
ALE A RULES A DALY COMPANY COMPANY
[an :
xxxEND_PAGE:treasury01_b32_5109_5235_088
250
200
150 —e—Sitel
— Sites
3 —<— Site 6
—- »Leaving WTP
100
50
[s} - ~ — =
41d S/d 6/1/14 W/f14 B/N fifi lO/L/1a 11/1/14 17/1/14 1/15 2/1/15 B/S 4fif1s 5f1/1S 6/1/45
Date
xxxEND_PAGE:treasury01_b32_5109_5235_089
3500 (Rev 01-11)
STATE OF MICHIGAN
RICK SNYDER DEPARTMENT OF TREASURY NICK A. KHOURI
GOVERNOR STATE TREASURER
DATE: May 15, 2015
TO: Rick Snyder, Governor
FROM: Wayne Workman, Deputy State Treasurer
SUBJECT: Status of Financially Stressed Local Governments
EMERGENCY MANAGER
Lincoln Park
Emergency Manager: Brad Coulter
Appointed: July 3, 2014
Anticipated Exit: January 2016
Recent Developments
- After conducting preliminary interviews for the City Administrator position, a request was
made by the Emergency Manager to identify additional qualified candidates.
- A fire union collective bargaining agreement was approved on February 6, 2015. Changes
to overtime and paid leave will yield an estimated cost savings of $500K annually.
- Voters rejected the Firefighters and Police Officers Retirement Act proposal that was on
the May ballot by a margin of 47% to 53%. Had it been approved it would have raised an
additional 6 mils, or $3M annually to fund fire and police pension and healthcare costs.
- EM Coulter has modified retiree collective bargaining agreements to reduce healthcare
benefits. These changes will be implemented on July 1, 2015 and will reduce retiree
healthcare costs from $4.1M to $600K annually.
- FY 14 ended with a General Fund accumulated deficit of $736K, out of a total budget of
$21M. This is a significant increase from the FY 13 accumulated deficit of $89K. Salient
increases were in Public Safety - $1.1M, Public Works - $700K, and Culture and
Recreation - $600K.
Significant Actions/Issues
- On February 3, 2015, the city was awarded $143.5K through the Financially Distressed
Cities, Villages, and Townships Grant Program. These funds will be used to enhance
public safety through updated technology.
Issues to Resolve before EM Exit
- Police collective bargaining agreements must be finalized.
- Increase and stabilize pension and other post-employment benefits (OPEB) funding levels.
www michigan govitreasury
xxxEND_PAGE:treasury01_b32_5109_5235_090
Page 2
FINANCIAL REVIEW COMMISSION (FRC)
Detroit
FRC Created: November 12, 2014
FRC Members: Nick Khouri, Bill Martin, Brenda Jones, Darrell Burks, John Roberts, Lorron
James, Mike Duggan, Stacy Fox, Tony Saunders
Recent Developments
- The city submitted its Four-Year Financial and Operating Plan (Plan) to the FRC in March
2015 for review. Upon its review and determination that the Plan was based on sound
assumptions and met all of the requirements under statute, the FRC approved the Plan on
April 20, 2015. The city’s Plan encompassed the second year (FY16) of Emergency
Manager Orr’s two-year budget and used this as its base year with no changes, plus three
years (FY17, FY18, and FY19).
- The city’s CFO John Hill hosted a “mini” revenue estimating conference on May 14, 2015,
to review revenue estimates approved in February 2015 at the statutorily required Revenue
Estimating Conference. After reviewing the city’s revenue trends for income tax, state
revenue sharing, wagering taxes, property taxes, utility users tax and all other general fund
revenues, among other major fund accounts, and discussing economic trends since
February, the city elected to maintain revenue estimates agreed upon at the February 2015
Revenue Estimating Conference.
- In addition to the recent hire of Ron Rose for the position of Executive Director for the
Office of the FRC, Treasury has hired Steven Watson, who is currently with the State of
New Jersey Office of Budget and Management, to fill the Administrative Manager
position. Mr. Watson is expected to start on May 26, 2015. Treasury does not expect to
hire any additional staff beyond an executive administrative assistant.
- The most intense work that the FRC will perform going forward is measuring the
effectiveness of restructuring initiatives in light of the large annual pension obligations the
city will incur beginning in 2024.
- The next FRC meeting is scheduled for May 18, 2015, and the Commission will be asked
to approve various contracts and leases related to the Detroit Water and Sewerage
Department transaction.
RECEIVERSHIP TRANSITION ADVISORY BOARD (RTAB)
Allen Park
RTAB Appointed: September 26, 2014
RTAB Members: Suzanne Schafer, Joyce Parker, Fredrick Frank, Karen Barann
Recent Developments
~ The RTAB approved City Council’s appointment of the city’s Finance Director as Interim
City Administrator, effective March 12, 2015. A professional search firm has been hired
to help find City Administrator candidates. Treasury will be participating with City Council
in the selection process.
- The city was expecting to issue a bond tender offer beginning in March but was delayed
due to the uncertainty around the City Administrator position. Completion of the bond
tender process is now projected to be June 2015.
- In April, the RTAB approved the creation of an Interim Deputy City Administrator position
to assist in overseeing city operations until the bond tender and City Hall projects are
xxxEND_PAGE:treasury01_b32_5109_5235_091
Page 3
completed. Mark Kibby, former City Manager of the City of Woodhaven, was appointed
to this position.
The Michigan Municipal League and Plante Moran were retained by the city to conduct
salary and classification studies of all department head and key manager positions within
the city. The city has not established a timeline for this project at this time.
The city remains without a Director of Public Services after the leading candidate for the
position rejected the city’s offer of employment. A department foreman is serving as
interim while the city evaluates how to fill this position.
Significant Actions/Issues
Litigation was filed by retirees challenging the EM’s authority to reduce other post-
employment benefit (OPEB) liabilities. A motion for summary disposition is pending. No
date has been set to hear this motion.
City Hall will be relocating to a temporary facility in May 2015. The present facility is in
poor condition and beyond repair.
Benton Harbor
RTAB Appointed: March 10, 2014
RTAB Members: Larry Steckelberg, Bret Witkowski, Marvin Raglon, Sharon Hunt
Recent Developments
The city’s Finance Director has accepted a position as Finance Director in the City of Flint.
Her last date of employment is June 5, 2015.
The city’s Deputy Finance Director, multiple public safety officers, and two public works
department employees have resigned due to other employment opportunities.
On April 6, 2015, the City Commission passed resolutions adopting a procurement policy,
investment policy, and a credit card policy.
Significant Actions/Issues
Ecorse
On February 3, 2015, the city was awarded $910K through the Financially Distressed
Cities, Villages, and Townships Grant Program. These funds will be used to enhance the
water system through water main replacements and fire hydrant repairs, and to complete a
property reappraisal which will provide updated and accurate assessing records.
Additionally, the city will provide community enhancement through blight management
and sidewalk replacement.
FY 14 audited General Fund revenues exceed expenditures by $1M, out of a total budget
of $6.1M.
RTAB Appointed: May 1, 2013
RTAB Members: Edward Koryzno, Robert Bovitz, Joyce Parker
Recent Developments
On May 12, 2015, the RTAB approved a narrowly balanced FY 16 budget, though
significant deficits are projected in future fiscal years,
The City Administrator has requested a new City Controller (third in six months) however;
the RTAB rejected this appointment at the May meeting.
The RTAB has recommended that the State Treasurer amend the final EM order to provide
RTAB oversight for all hiring and terminations.
xxxEND_PAGE:treasury01_b32_5109_5235_092
Page 4
Flint
Significant Actions/Issues
On February 3, 2015, the city was awarded $350K through the Financially Distressed
Cities, Villages, and Townships Grant Program. These funds will be used to enhance public
safety through improved street lighting.
The City Council cancelled the contracted City Administrator search with the Michigan
Municipal League (MML) and appointed Wayne O’Neal as full-time City Administrator.
On February 10, 2015, the RTAB approved the city’s resolution appointing Mr. O’Neal.
The RTAB’s Annual Evaluation for the Governor was not favorable, citing a lack of local
financial literacy, political infighting, and an inability to develop a balanced multi-year
budget. For these reasons, the removal of RTAB oversight cannot be recommended at this
time.
The city continues to have trouble attracting qualified candidates, and filling higher level
administrative positions.
The city signed a contract with UHY to provide part-time financial services until a
permanent solution can be found.
Municipal Employee's Retiree System (MERS) pension contributions are anticipated to
increase from $1.8M in FY 15 to $2.4M in FY 16 because of accelerated funding for closed
plans.
The city has been unable to balance its five-year budget. Previous budgets project deficit
spending in FY 16, and exhaustion of all resources in FY 17. To avoid this eventuality,
significant expense reductions will be necessary in upcoming fiscal years.
RTAB Appointed: April 29, 2015
RTAB Members: Frederick Headen, Brian Larkin, David McGhee, Beverly Walker-Griffea,
Robert McMahan
Recent Developments
A clerical error by the Flint City Clerk’s Office gave candidates the wrong cutoff deadline
to file nominating petitions, April 28 instead of April 21. Consequently, in the Mayor’s
race, Mayor Dayne Walling, Councilman Wantwaz Davis, and Dr. Karen Weaver will all
be left off the August Primary ballot and will have to run as write-in candidates in
November. Councilman Eric Mays did not submit the required number of signatures and
will likewise be left off the ballot for Mayor and will also have to run as a write-in
candidate. Councilman Herbert Winfrey will be on the ballot and is unopposed for the
Sixth Ward seat on the City Council. There were four candidates who filed petitions for
the Third Ward City Council seat. Legislators will be asked to provide a statutory fix to
allow names on the ballot. If this isn’t successful, all will be forced to run as write-in
candidates in the General Election.
Jodi Lundquist has accepted the employment offer as CFO. Her start date is to be
determined subject to RTAB approval.
On April 29, 2015 the city exited emergency manager status and an RTAB was appointed.
The first RTAB meeting will be held on June 10, 2015.
On April 29, 2015, the Emergency Loan Financial Assistance Board approved a $7M
Emergency Loan that will eliminate the city’s remaining deficit when combined with the
FY surplus of $20M.
EM Gerry Ambrose issued an EM Order on March 19, 2015 that restructured the State
Revolving Fund loans and provides approximately $2.2M, allowing the city to invest in
capital improvements to the water system.
xxxEND_PAGE:treasury01_b32_5109_5235_093
Page 5
EM Gerry Ambrose implemented new Budget Purchasing Ordinances and a Fund Balance
Policy during April 2015.
The Executive Director of the State Tax Commission notified the city that it must maintain
adequate assessment records in compliance with state statute, State Tax Commission rules,
and implement any corrective actions necessary. In addition, the city shall implement a
full appraisal within a time frame agreed with the State Tax Commission.
The City of Flint continues to inform residents that it is in violation of the Clean Water
Standards Act, after unsafe levels of trinalomethanes (TTHM, a disinfectant by-product)
were found in the water. Recent testing by the Michigan Department of Environmental
Quality (MDEQ) Testing Lab showed that the total TTHM levels for the month of March
are well within the Environmental Protection Agency (EPA) guidelines for safe water.
However, because EPA regulations require that the four month average for all testing sites
be within certain guidelines, the city is still considered to be non-compliant by the MDEQ.
Monthly testing remains ongoing and is being conducted by several parties.
The city hired Veolia to provide an analysis of the water system, including recommended
improvements and associated costs. Recommendations included water plant
improvements, distribution system improvements, new policies and procedures, and better
communication with customers. The city is installing a $1.5M granulated active-charcoal
filter to improve water quality. This filter installation will be completed in mid-July.
In April, EM Gerry Ambrose issued two EM Orders that adopted a two-year budget for FY
17 and FY 18 and outlined the relationship between the Administrator, Mayor, and City
Council.
On April 13, 2015, EM Order 4 was issued that restored the pay of the Mayor and City
Council members.
The City Council approved a memorandum of understanding that will consolidate the 67"
District Court with the 68th District Court in January 2016. The city has estimated that the
consolidation will save the city $8M over a ten year period.
The Michigan Municipal League is recruiting qualified candidates to fill the open Human
Relations Director, Finance Director, and City Treasurer positions.
Voters elected John Cherry, Charles Metcalf, Barry Williams, Cleora Magee, Jim
Richardson, Brian Larkin, Victoria McKenze, Marsha Wesley, and Heidi Phaneuf to serve
on the Charter Commission.
Significant Actions/Issues
On February 3, 2015, the city was awarded $2M through the Financially Distressed Cities,
Villages, and Townships Grant Program. These funds will be used to enhance the city’s
water system through improved waste management, leak detection, and pipe assessments.
Pre-planning for implementation of these activities is underway.
If the city loses a lawsuit over retiree healthcare, the EM’s two-year budget does not assume
this additional $5M to $6M annual expense, which will grow at a rate equal to the general
rise in healthcare costs.
Hamtramck
RTAB Appointed: December 18, 2014
RTAB Members: Deborah Roberts, Mark Stema, Cathy Square, Karen Young
Recent Developments
The Police Chief resigned on March 11, 2015. Lieutenant Ann Moise was appointed
Acting Police Chief.
xxxEND_PAGE:treasury01_b32_5109_5235_094
Page 6
Per the 2014 audit, the General Fund’s accumulated fund balance is $2.8M out of a total
budget of $16.2M.
Significant Actions/Issues
On February 3, 2015, the city was awarded $622K through the Financially Distressed
Cities, Villages, and Townships Grant Program. These funds will be used to complete a
property reappraisal which will provide updated and accurate assessing records, upgrade
City Hall security, and enhance public safety through improved street lighting.
A complaint was filed in the federal court by Hamtramck retirees over changes to
healthcare benefits in October 2014. The potential exposure to the city is currently
unknown.
The annual pension liability is anticipated to increase from $3.5M in FY 15 to $4.3M in
FY 19. This increase is a result of closing certain pension plans and the Michigan
Employee’s Retirement System (MERS) policy of accelerating the required contribution
for closed plans. These increases were included in EM Square’s two-year budget. The
Segal Group has been hired to provide the city with recommendations on funding its
pension obligations.
Pontiac
RTAB Appointed: August 19, 2013
RTAB Members: Edward Koryzno, Louis Schimmel, Keith Sawdon, Robert Burgess
Recent Developments
On April 22, 2015, the RTAB postponed consideration of an amendment to the city’s
retirement ordinance that would have granted early retirement status to 69 former
employees. This ordinance amendment was adopted by the City Council at its April 9, 2015
meeting with no prior announcement or analysis of the issue. No actuarial study was
conducted for this change, but the best available estimates indicated the impact to the city’s
pension system could be approximately $9M-$13M per year. The Mayor, City
Administrator, and Finance Director are opposed to this amendment.
On April 29, 2015, the City Administrator informed Treasury that the City Council is
considering adopting an amendment to the city’s retirement ordinance that would permit
the pension system to absorb $659,000 in COLA overpayments that were made to city
retirees. Such an action is permissible under new rules adopted by the Internal Revenue
Service. The City Council may consider this ordinance amendment at a future Council
meeting. The RTAB postponed action on this issue until City Council takes action.
Treasury is monitoring this situation.
Significant Actions/Issues
On February 3, 2015, the city was awarded $125K through the Financially Distressed
Cities, Villages, and Townships Grant Program. These funds will be used for community
enhancement through blight management.
The City Charter proposal was rejected by voters by a 45% to 55% margin.
In April 2014, the Final Emergency Manager Order was amended to create a Deputy Mayor
position. A suitable candidate was not found through a Michigan Municipal League
(MML) search. TJA Staffing and Associates has been hired to recruit a Deputy Mayor as
part of the transition back to Home Rule.
Per the audit, the General Fund’s accumulated fund balance for FY 14 is approximately
$5M out of a total budget of $27M.
xxxEND_PAGE:treasury01_b32_5109_5235_095
Page 7
Oakland County Circuit Court Judge Michael Warren dismissed the city’s condemnation
lawsuit involving the Phoenix Center because the city failed to include compensation for
the lien placed on the property. The city is preparing an appeal of the decision to the U.S.
Sixth Circuit Court of Appeals.
The City of Pontiac Retired Employees Association v. City of Pontiac lawsuit in the United
States District Court was reassigned from Judge Lawrence P. Zatkoff to Judge Avern Cohn.
The lawsuit challenges former EM Schimmel’s elimination of retiree healthcare and
replacement with an annual stipend. The General Employees Retirement System (GERS)
Pension Fund is significantly overfunded and the parties are exploring options to use the
overfunded portion to fund retiree healthcare.
On March 17, 2015, the Michigan Court of Appeals reversed and remanded for trial a
previous lower court dismissal of a 2013 lawsuit which challenged the EM ordered
nonpayment of $3.9M into a VEBA trust for the fiscal year ending 2012. This appellate
order is not a judgment against the city; rather it allows the previously dismissed lawsuit
to proceed. The actual liability of the city will be determined either by a future settlement
or by a final determination of the Oakland County Circuit Court.
CONSENT AGREEMENT
Inkster
Date Executed: February 20, 2012
Consent Agreement Consultant: Mark Stuhldreher
Recent Developments
On May 14, 2015, the City Council agreed to settle the Dent lawsuit regarding police
misconduct for $1.37M. The cost of the settlement will be placed on the tax roll by a
judgement levy.
On April 20, 2015, Wayne County Prosecutor Kym Worthy announced charges of assault
and mistreatment of a prisoner (Richard Dent) against William Melendez, former Inkster
police officer.
In the wake of a violent interaction between Inkster police and a suspect, Inkster Police
Chief Vicki Yost announced her resignation on April 22, 2015. The city hired a search
firm to recruit qualified candidates to fill the Police Chief position, which is expected to be
filled by the end of June.
On April 20, 2015, the city adopted a working capital reserve policy for the Water and
Sewer Fund which will provide funds for emergency situations.
Significant Actions/Issues
On February 3, 2015, the city was awarded $855K through the Financially Distressed
Cities, Villages, and Townships Grant Program. These funds will be used to complete a
property reappraisal to provide updated and accurate assessing records, enhance the water
system through fire hydrant repairs, and enhancing public safety through the creation of a
multi-jurisdictional narcotics team, police officer training, deployment of an additional
police officer, providing a backup power source, and updating technology.
The FY 14 General Fund accumulated deficit per the most recent audit is $767K out of a
total budget of $11M.
xxxEND_PAGE:treasury01_b32_5109_5235_096
Page 8
River Rouge
Date Executed: December 15, 2009
Consent Agreement Consultant: N/A (P.A. 72)
Recent Developments
A fire union collective bargaining agreement (CBA) was approved on March 10, 2015,
resulting in a reduction in health care costs.
Significant Actions/Issues
On February 3, 2015, the city was awarded $592K through the Financially Distressed
Cities, Villages, and Townships Grant Program. These funds will be used to enhance public
safety through improved street lighting, along with infrastructure replacements to City
Hall.
General fund revenues exceeded expenditures by $885K in FY 14 and the accumulated
fund balance was $1.9M.
A reduction in healthcare benefits for active employees and retirees was implemented on
November 1, 2014. The city estimates an annual savings of $400K, which includes savings
expected under the approved fire union CBA.
Royal Oak Township
Effective Date: April 21, 2014
Consent Agreement Consultant: Robert Burgess
Recent Developments
Treasury has been informed that the Township Supervisor is regularly approving overtime
for employees. Overtime is not included in the 2015 budget, and the Consent Agreement
requires State Treasurer approval prior to any overtime expenditures. This is another
example of the township’s inability to comply with the terms of the Consent Agreement.
Treasury is working with Robert Burgess on a response to this development.
On April 7, 2015, Oakland County notified the township that they rejected the proposed
ballot language for 4% mils for general operations because the township’s proposed
language did not conform to guidelines. The township adopted newly proposed ballot
language on April 23, 2015. This language has been resubmitted to Oakland County.
An Order was issued by Mr. Burgess on May 9, 2015 to contract for financial consulting
services with the Rehmann Group that will assist the township in preparing records for its
annual audit and budget amendments.
Significant Actions/Issues
On February 3, 2015, the township was awarded $274K through the Financially Distressed
Cities, Villages, and Townships Grant Program. These funds will be used to enhance public
safety through improved street lighting and increased police services. 195 street lights
would be converted to LEDs; it is anticipated that work will be completed by August 2015.
The Michigan State Police (MSP) continues to provide police services to the township.
The Department of Treasury and the MSP continue to work towards an alternative to MSP
services. A proposal from the City of Hazel Park is not financially feasible due to expense
and the city’s unwillingness to amend the proposal to better accommodate the township’s
ability to pay. Mr. Burgess has met with the City of Detroit to determine if the city is
interested in submitting a proposal to provide police services to the township.
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The State Treasurer approved the township’s 2015 budget on December 16, 2014, with the
requirement that the township work with Treasury to implement additional budget
amendments to improve its overall effectiveness. No additional actions have occurred to
implement these additional budget amendments and Mr. Burgess is questioning the ability
of the township’s newly hired financial analyst to provide service to the township.
The township has paid its aging accounts payable that was in excess of $200K. Mr. Burgess
has requested the Township Board adopt budget amendments to the 2015 budget totaling
$220K to accommodate these unanticipated expenditures. The Township Board has
refused to adopt the requested amendments. Treasury is working with the CAC Burgess on
a response to this issue.
NEUTRAL EVALUATION
Highland Park
Financial Review Team Appointed: December 2, 2013
Financial Emergency Declared: January 30, 2014
PA 436 Option Selected: Neutral Evaluation
Recent Developments
Treasury staff is continuing to monitor the city’s progress or lack thereof, in complying
with the terms of the Loan Agreement dated September 23, 2014. There are concerns about
their ability to successfully restructure their finances and they have failed to implement the
health insurance benefit cost reductions as planned in FY 15. In addition, failure to reach
an agreement with DWSD resulted in a $20M judgement levy against the city. Finally,
there have been problems in implementing the regular billing of water and sewer service
to its customers and the calculation and collection of past due amounts owed to the city.
since regular billing ceased in mid-2012.
On April 24, 2015, the Detroit Water and Sewerage Department (DWSD) was granted a
judgment levy to collect $20M for sewer service that is currently owed to DWSD.
The DWSD Director has threatened to terminate water and sewer services if the city doesn’t
pay its arrearage and current charges.
A Wayne County Circuit Judge issued a temporary restraining order on April 29, 2015
blocking DWSD’s efforts to cut off water service to the City of Highland Park. In addition,
the judge also set aside the $20M judgment against the City of Highland Park for failure to
pay DWSD for water and sewer services. The judge has set a conference hearing on this
matter for June 4, 2015.
Significant Actions/Issues
On February 3, 2015, the city was awarded $2M through the Financially Distressed Cities,
Villages, and Townships Grant Program. These funds will be used to enhance the city’s
water system through meter replacement, leak detection, and system repairs.
Huron Consulting was retained to prepare a request for proposal to solicit firms to operate
and maintain the city’s water and sewer systems, as required by the city’s Plan of
Adjustment. The city received one proposal from Wade Trim by the submission deadline
of May 4, 2015. This proposal is under review by the City and Treasury.
The city’s liabilities total $117.6M. Some of the major components are: $55.3M debt,
including $20.7M owed to the DWSD, $17.7M pension bonds, and $26.1M unfunded other
post-employment benefits (OPEB) liabilities.
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- Summary of the Plan of Adjustment for the City of Highland Park was adopted on August
28, 2014:
o The city must make major reductions to retiree healthcare benefit costs.
o In August 2015, an emergency loan of $12M plus restructuring of $4.8M existing
loans will be requested by the city to refund $2.7M in Fiscal Stabilization Bonds,
$5.2M in Financial Recovery Bonds, and $3.7M in State Revolving Fund Bonds.
The status of this request will be reviewed in the context of benchmarks the city
committed to in their last emergency loan in September 2014.
OTHER COMMUNITIES
Wayne County
Recent Developments
- The Recovery Plan has been released to the public and Treasury has begun an analysis of
the plan.
Significant Actions/Issues
- Cash reserves reached its lowest point in February 2014 with pooled cash falling to
approximately $22M. The August 2014 cash balance was approximately $150M. This
number includes proceeds from a short-term borrowing of $75M.
- The County’s annual structural general fund deficit is approximately $50M prior to any of
the proposed remedial actions.
- The preliminary results of the county’s actuarial report indicate a drop in other post-
employment benefits (OPEB) liability of approximately $409M. This reduction is a result
of the county choosing less expensive plans and implementing cost sharing measures. The
Plan participants are now paying a larger share of the cost. This does not include any
saving opportunities resulting from a proposed change to retiree healthcare.
- The county is working to resolve a disagreement with the Mental Health Authority over
services provided to jail inmates. The county currently pays for this service but believes it
falls under the purview of the Authority.
- The county has not yet proposed a long-term solution to its jail problems.
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