Gov Memo
- From
- Angela Dempkowski
Here it is
Angela Dempkowski | Senior Executive Management Assistant/Treasury
State of Michigan | 430 W. Allegan Street, Ist Floor | Lansing, MI 48922
(517) 373-4415 | (517) 373-0633 (fax)
dempkowskia@ michigan.gov
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3500 (Rev 01-11}
STATE OF MICHIGAN
RICK SNYDER DEPARTMENT OF TREASURY R. KEVIN CLINTON
GOVERNOR STATE TREASURER
DATE: March 17, 2015
TO: Rick Snyder, Governor
FROM: R. Kevin Clinton, Treasurer
SUBJECT: Status of Financially Stressed Local Governments
EMERGENCY MANAGER
Flint
Emergency Manager: Gerald Ambrose
Appointed: January 13, 2015
Anticipated Exit: April 2015
Recent Developments
- 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.
- AnEM Order is being prepared that will restructure Water System Revenue Bonds Series
1999 through 2002 and the Michigan Finance Authority. This would postpone principal
payments and free up $2.2M, allowing the City to further improve its water system.
- The Michigan Department of Environmental Quality (MDEQ) Testing Lab provided
results to the City of Flint showing that the total trihalomethanes (TTHM) levels for the
month of February 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 guidelines, the City is still considered to be non-
compliant by the MDEQ.
- The City hired Veolia North America to provide a preliminary analysis of the City’s
water system. On February 18, 2015, Veolia North America presented a preliminary
report to the City’s Public Works Committee. Recommendations included water plant
improvements, distribution system improvements, new policies and procedures, and
better communication with customers. The estimated costs of implementing Veolia’s
recommendations will be determined after the second phase of the study is complete.
- An International City/County Management Association (ICMA) comprehensive public
safety study has been completed, and was presented to the City Council on January 22,
2015. Several recommendations for both police and fire are currently being reviewed by
the City. Of the 16 major recommendations for public safety, the following four are most
crucial:
www michigan gov/treasury
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o Establish more aggressive protocols for responding to service demands from the
public.
o Equip a minimum of one marked patrol car with an automated external
defibrillator (AED) and an automatic license plate reader, and equip every car
with e-ticket readers and printers.
o Develop a robust in-service training program.
o Establish and publish a clear multiyear strategic plan that includes specific
performance goals and objectives for all units.
Significant Actions/Issues
The General Fund accumulated deficit for FY 2014 was $9M. In FY 2013, the General
Fund had an accumulated deficit of $12.9M. Noted areas of reduced expenditures within
the governmental funds included Parks & Recreation reduced by $5.6M, Community
Development reduced by $2.6M, Public Safety reduced by $1.8M, and Building
Inspections reduced by $1.7 M.
Issues to Resolve before EM Exit
Eliminate annual operating/structural deficit, which is projected at $1.7M for FY 2017
and grows to $11.9M by FY 2019, if the City loses the lawsuit over retiree healthcare.
The City’s current budget does not assume this potential additional $5M expense. If the
City loses this lawsuit, it will permanently add $5M annually to the cost of retiree
healthcare, which will grow at a rate equal to the general rise in healthcare costs.
Lincoln Park
Emergency Manager: Brad Coulter
Appointed: July 3, 2014
Anticipated Exit: January 2016
Recent Developments
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.
A fire union collective bargaining agreement has been approved. The estimated cost
savings is approximately $500K by achieving cost reductions associated with overtime
and paid leave.
A Firefighters and Police Officers Retirement Act, has been placed on the May 5, 2015
ballot. If approved by voters this will raise an additional 6 mills, or $3M, for fire and
police pension funding and retiree healthcare.
Due to retiree health care being completely unfunded, Emergency Manager Brad Coulter
will utilize P.A. 436 (2012), Local Financial Stability and Choice Act, to change retiree
contracts so that health insurance will be replaced by a lower cost stipend. This action is
calculated to reduce retiree health care costs by $3M per year.
FY 2014 ended with a General Fund accumulated deficit of $736K out of a total budget
of $21M. This is a significant increase from the FY 2013 accumulated deficit of $89K.
Noted areas of increased expenditures within the governmental funds included Public
Safety by $1.1M, Public Works by $700K, and Culture and Recreation by $600K.
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Significant Actions/Issues
The police and fire pension plan is 30% funded. The general employee pension plan is
22% funded. (any initiatives underway to address the underfunded pension dilemma?)
This was moved to Recent Developments. I moved it back
Issues to Resolve before EM Exit
Expired collective bargaining agreements must be finalized for police.
Increase and stabilize pension and other post-employment benefits (OPEB) funding
levels.
FINANCIAL REVIEW COMMISSION (FRC)
Detroit
FRC Created: November 12, 2014
FRC Members: Bill Martin, Brenda Jones, Darrell Burks, John Roberts, Kevin Clinton, Lorron
James, Mike Duggan, Stacy Fox, Tony Saunders
Recent Developments
The City of Detroit held its first statutorily-required Revenue Estimating Conference on
February 20, 2015. The conference principals, Jay Wortley of Treasury, John Hill of the
City of Detroit, and George Fulton of the University of Michigan, approved the
consensus revenues as presented. The principals agreed that the revenue estimates were
conservative.
At the FRC’s February 23, 2015 meeting, the FRC approved, and referred to the newly
formed Finance and Enterprise Resource subcommittee for further review, the City’s
revenue estimates that were presented at the aforementioned Revenue Estimating
Conference. The City will be incorporating the revenue estimates into its Four-Year
Financial and Operating Plan (Pian) that will be presented to the FRC at its March 23,
2015 meeting for the Commission’s review. The FRC also approved the City’s debt
service requirements report and several operational contracts.
Treasury hired Ron Rose as the Executive Director (ED) for the Office of the FRC within
the Department. His start date was March 2, 2015. Treasury is in the process of filling
other key staff positions and has engaged the financial consulting services of
UHY. ‘Treasury has also engaged Martha Kopacz and her team from Phoenix
Management Services. Ms. Kopacz and her team acted as independent financial experts
for Judge Rhodes in the City’s Chapter 9 bankruptcy proceedings. Among other duties,
the consultants will provide assistance in reviewing and analyzing the Plan for the FRC.
Significant Actions/Issues
The City will be submitting its Four-Year Financial and Operating Plan to the FRC on
March 23, 2015 for review, with FRC action expected on April 20, 2015. The City’s
Plan will encompass the second year (FY16) of Emergency Manager Orr’s two-year
budget and use this as its base year with no changes, plus three years (FY17, FY18, and
FY19).
Ensuring that the Plan is based on sound assumptions and that the City’s operational
budgets and actual spending conform to the Plan will be one of the FRC’s most
significant tasks.
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RECEIVERSHIP TRANSITION ADVISORY BOARD (RTAB)
Hamtramck
RTAB Appointed: December 18, 2014
RTAB Members: Deborah Roberts, Mark Stema, Cathy Square, Karen Young
Recent Developments
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.
The Police Chief resigned on March 11, 2015.
Deputy City Manager/Treasurer John Gabor started work on February 2, 2015.
Significant Actions/Issues
A complaint was filed in the federal court by Hamtramck retirees over changes to
healthcare benefits in October 2014.
The annual pension liability is anticipated to increase from $3.5M in FY 2015 to $4.3M
in FY 2019. This increase occurred as 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 Emergency Manager
Square’s two-year budget.
Allen Park
RTAB Appointed: September 26, 2014
RTAB Members: Suzanne Schafer, Joyce Parker, Fredrick Frank, Karen Barann
Recent Developments
The City Council voted on January 27, 2015 to suspend City Administrator Karen Folks.
This vote was taken despite two Emergency Manager Orders that prohibit termination
until October 2015 and establish a process for termination. The City Administrator and
City Council negotiated a separation agreement which was approved by the RTAB on
March 12, 2015. The RTAB also approved the City Council’s appointment of the Finance
Director as Interim City Administrator. A search firm will be hired to begin the process
of selecting a new City Administrator.
The City was expecting to issue a bond tender offer beginning in March to reduce the
City’s outstanding debt. However, the tender offer has been delayed due to the
uncertainty between the City Council and City Administrator. A timeline to complete the
bond tender process will be developed by the various parties on March 19, 2015.
Significant Actions/Issues
Litigation was filed by retirees challenging the Emergency Manager’s authority to reduce
other post-employment benefits (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.
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Benton Harbor
RTAB Appointed: March 10, 2014
RTAB Members: Larry Steckelberg, Bret Witkowski, Marvin Raglon, Sharon Hunt
Recent Developments
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.
On February 2, 2015, the City Commission unanimously approved a one-year contract
extension for City Manager Darwin Watson.
Significant Actions/Issues
Ecorse
On January 20, 2015, the City Commission passed a resolution adopting a fund balance
policy consistent with Government Finance Officers Association (GFOA) Best Practices.
The RTAB approved the resolution on January 28, 2015.
FY 2014 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
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 signed a contract with UHY to provide part-time financial services until a
permanent solution can be found. The RTAB approved the contract on January 13, 2015.
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 City continues having trouble filling higher level positions.
Significant Actions/Issues
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 multiyear
budget. For these reasons, the Board did not recommend removal of RTAB oversight at
this time.
Municipal Employee's Retiree System (MERS) pension contributions are anticipated to
increase from $1.8M in FY 2015 to $2.4M in FY 2016 because of accelerated funding for
closed plans.
The City has been unable to balance their five-year budget. Significant expense
reductions will likely be necessary in upcoming fiscal years.
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Pontiac
RTAB Appointed: August 19, 2013
RTAB Members: Edward Koryzno, Louis Schimmel, Keith Sawdon, Robert Burgess
Recent Developments
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.
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. A new search firm has been hired to assist the City in filling this
position.
The General Fund’s accumulated fund balance for FY 2014 is approximately $5M, out of
a total budget of $27M.
After receiving a response from the Attorney General’s Office, the City Charter Revision
Commission submitted a proposed Charter by the February 10, 2015 deadline. The
proposed Charter will be placed on the May 2015 ballot.
Significant Actions/Issues
The General Fund is structurally balanced in FY 2015 but expenditures are projected to
exceed revenues by $360K due to deferred projects from FY 2014.
Oakland County Circuit Court Judge Michael Warren dismissed the City’s condemnation
Jawsuit 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 City of Pontiac and the Retired Employees Association are
participating in facilitation. The General Employees Retirement System (GERS) Board
proposal was submitted to the court on January 30, 2015.
The lawsuit challenges former Emergency Manager Schimmel’s elimination and
replacement of retiree healthcare with an annual stipend. The GERS Pension Fund is
significantly overfunded and the parties are exploring options to use the overfunded
portion to fund retiree healthcare.
CONSENT AGREEMENT
Inkster
Date Executed: February 20, 2012
Consent Agreement Consultant: Mark Stuhldreher
Recent Developments
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.
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Significant Actions/Issues
The FY 2014 General Fund accumulated deficit is $767K, out of a total budget of $11M.
River Rouge
Date Executed: December 15, 2009
Consent Agreement Consultant: N/A (P.A. 72)
Recent Developments
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.
Deborah Hayes-Price has been promoted to Chief of Police to replace former Police
Chief Jeffrey Harris who retired in January.
Significant Actions/Issues
U.S. Steel annual $1M tax settlement payment to the City has expired.
General Fund revenues exceeded expenditures by $885K in FY 2014 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.
Royal Oak Township
Effective Date: April 21, 2014
Consent Agreement Consultant: Robert Burgess
Recent Developments
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.
The State Treasurer rejected a decision by the Township Board to extend the contract
with the current Township Attorney, Pentiuk, Couvreur & Kobiljak P.C at a cost that was
twice the amount of the lowest bidder. The Consent Agreement Consultant, Robert
Burgess, issued an order requiring the Township to extend a contract for legal services to
the lowest bidder, Giarmarco, Mullins & Horton, P.C. This is but one example of the
difficulty the Consent Agreement Consultant has encountered in his efforts to have the
Supervisor and Township Board comply with provisions of the Consent Agreement.
Distribution of the Township’s Financially Distressed Cites, Villages and Townships
Grant award has been placed on hold pending the Township’s compliance with the
Consent Agreement.
The State Treasurer approved an amendment to the Fire Services Contract with the City
of Ferndale on March 11, 2015. This amendment is projected to reduce annual costs to
the Township by $4K thru the end of 2015.
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Significant Actions/Issues
The Michigan State Police continues to provide police services to the Township. The
Department of Treasury and the Michigan State Police continue to work with the
Township and are reviewing a proposal from the City of Hazel Park to provide police
services to the Township.
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 as the Township was without the services
of a financial consultant from the time of budget adoption through March 1, 2015.
The Township currently has an aging accounts payable in excess of $200K.
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
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.
Cathy Square, former Hamtramck Emergency Manager, was hired to fill the position of
City Administrator.
Huron Consulting has been hired to prepare a request for proposal (RFP) to solicit firms
to operate and maintain the City’s water and sewer systems, as required by the City’s
Plan of Adjustment. The proposals are due on April 20, 2015.
BenStaff has been hired by the City to make recommendations that will reduce healthcare
costs.
The law firm of Lewis & Munday has been hired to assist the City with the restructuring
of the other post-employment benefits (OPEB).
Significant Actions/Issues
The City selected Tetra-Tech to prepare a water and sewer rate study. A draft study was
completed on February 20, 2015. This study provides the City with proposed rates, which
if adopted, will provide adequate revenue to operate and maintain the water and sewer
system.
Liabilities total $117.6M. Some of the major components are: $55.3M debt, including
$20.7M owed to the Detroit Water and Sewerage Department (DWSD), $17.7M pension
bonds, and $26.1M unfunded other post-employment benefits (OPEB) liabilities.
Summary of the Plan of Adjustment for the City of Highland Park was adopted on
August 28, 2014.
o Fifth Third Bank has finalized an agreement and settled for 50 cents on the dollar
for outstanding debt.
o By June 30, 2015, Highland Park, as required by terms of the emergency loan,
must have a third-party operator for its water/sewer systems.
o After the selection of this third-party operator, DWSD and Highland Park will
negotiate a long-term settlement for outstanding water and sewer debt.
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o The City must reduce retiree healthcare benefit costs.
o In August 2015, an emergency loan of $16.4M, which includes the restructuring
of $4.8M in existing loans, will be used to refund $2.7M in Fiscal Stabilization
Bonds, $5.2M in Financial Recovery Bonds, and $3.7M in State Revolving Fund
Bonds.
OTHER COMMUNITIES
Melvindale
Recent Developments
The City was awarded $88K through the Financially Distressed Cities, Villages, and
Townships Grant Program. These funds will be used to enhance public safety through
fleet replacement of police vehicles and updated technology.
Significant Actions/Issues
The General Fund deficit for FY 2013 is $1.9M, an increase of $248K from the FY 2012
deficit. The City’s fiscal year runs from January to December.
The unrestricted annual deficit for the City-owned ice arena in FY 2013 is $1.9M out ofa
total budget of $10M. This is approximately $160K more than what the City projected.
Treasury issued a conditional approval of the City’s Deficit Elimination Plan. The City is
timely submitting monthly financial reports to demonstrate adherence to the plan.
City of Wayne
Recent Developments
The City has hired Plante Moran to provide accounting services due to the recent
resignation of the City’s Finance Director.
Significant Actions/Issues
The City anticipates a General Fund deficit in the next two years.
The City has approved a May 2015 ballot proposal that would establish a police and fire
pension program to remove pension fund costs from the General Fund and approve three
mills for five years to fund police and fire retirement costs.
Wayne County
Recent Developments
The Michigan Supreme Court ruled unanimously in favor of retirees who receive a 13"
check to offset inflation. The County is required to return $32M to the Pension Equity
Fund.
Significant Actions/Issues
Cash reserves reached its lowest point in August 2014 with pooled cash falling to
approximately $73M. The average balance is $170M. This number includes proceeds