Commissioner's Room - Courthouse
Mason, Michigan - 7:30 p.m.
March 9, 2004
The Ingham County Board of Commissioners met for their regular meeting at the above time and place. The meeting was called to order at 7:30 p.m. by Chairperson Celentino. Roll was called and all Commissioners were present.
PLEDGE OF ALLEGIANCE:
Dr. Dean Sienko led the Commissioners in the Pledge of Allegiance and a few moments of silence were observed for meditation.
APPROVAL OF THE MINUTES:
Moved by Commissioner Schafer, supported by Commissioner Lynch to approve the Minutes of the February 24, 2003 meeting, as submitted. Motion carried.
ADDITIONS TO THE AGENDA:
Commissioner Swope reported that there was a substitute resolution for agenda item no. 13 - Resolution modifying the ordinance establishing the Ingham County Park Rules and Regulations. The substitute was accepted by the Chair.
Commissioner Hertel reported that there was a substitute resolution for agenda item no. 19 - Resolution to authorize an interpreter services agreement with the Hospital Purchasing Services. The substitute was accepted by the Chair.
Commissioner Hertel reported that there was a substitute resolution for agenda item no. 20 - Resolution to authorize a social justice in Public Health Practice Grant with the W. K. Kellogg Foundation. The substitute was accepted by the Chair.
Commissioner Schor reported that there was a substitute resolution for agenda item no. 25 - Resolution authorizing a contract with Justice Benefits, Inc., to secure federal entitlement benefits for Ingham County based on the Ingham County Correctional Facility operations. The substitute was accepted by the Chair.
PETITIONS AND COMMUNICATIONS:
Letter from the State of Michigan, Department of Treasury regarding the Brownfield Redevelopment Financing Act Treasury Form 3737. Referred to the County Services Committee.
E-mail from Matt Morover-Gallagher resigning from the Ingham County Youth Commission. Received and placed on file.
Letter from Mid-South Substance Abuse Commission requesting PA2 funds. Referred to the Human Services Committee.
Resolution from Huron County regarding collection of state fees imposed upon juvenile and adult criminal defendants. Referred to the Judiciary Committee.
Letter from Youth Development Corporation thanking us for continued support. Received and placed on file.
Letter from Becky J. Brimley, Chair of the Ingham County Women's Commission, regarding the resignation of Kathie Kuhn. Received and placed on file.
Letter from State of Michigan, Family Independence Agency, regarding funding percentages and Program Risk Assessment. Referred to the Judiciary Committee.
Resolution from Antrim County Board of Commissioners opposing the drilling of oil or gas wells on public land within the JVMA. Received and placed on file.
Resolution from Muskegon County in support of the nomination of Oakland County Commissioner Eric Coleman for the office of second Vice-President of the National Association of Counties. Received and placed on file.
Letter from Ele's Place expressing sincere appreciation for grant fund payment. Received and placed on file.
Letter from Parks and Recreation Department regarding meeting scheduled on Wednesday, March 10, 2004 at 7:00 p.m. concerning Ranney Park. Received and placed on file.
Letter from Department of Planning and Neighborhood Development regarding a public hearing for an industrial facilities exemption certificate for Neogen Corporation. Referred to the Finance Committee.
Letter from Department of Planning and Neighborhood Development regarding a public hearing for an exemption of new personal property from property taxes for Neogen Corporation. Referred to the Finance Committee.
Letter from Capital Area United Way regarding annual report. Received and placed on file.
LIMITED PUBLIC COMMENT:
John Veenstra, 320 Piper, Haslett, Michigan, addressed the board regarding the changes in rules for the parks.
Steve F. Brewer, 2106 Boston Blvd, Lansing, Michigan, addressed the board with his concerns of the grievance procedure within the Ingham County Health Department.
CONSIDERATION OF CONSENT AGENDA:
Moved by Commissioner Schafer, supported by Commissioner Minter to adopt a consent agenda consisting of all items except 10, 13, 14, 15 and 26. Motion carried unanimously. Items on the consent agenda were adopted by unanimous roll call vote. Items voted on separately are so noted.
COMMITTEE REPORTS AND RESOLUTIONS:
The following resolution was introduced by County Services Committee:
RESOLUTION DECLARING THE WEEK OF APRIL 18 - 24, 2004 AS "HOLOCAUST REMEMBRANCE WEEK" IN INGHAM COUNTY
RESOLUTION #04-64
WHEREAS, the Ingham County Board of Commissioners and citizens of Ingham County recognize that the horrors of the Holocaust should never be forgotten; and
WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945; and
WHEREAS, in addition to the murder of some 6,000,000 Jews, millions more, including the handicapped, Poles, Gypsies, homosexuals, Jehovah's Witnesses, prisoners of war, and political dissidents, also suffered grievous oppression and death under Nazi tyranny; and
WHEREAS, a key date in the history of the Holocaust is April 19, 1943, the beginning of the Warsaw ghetto uprising, when Jews, using homemade bombs and stolen or bartered weapons, resisted death camp deportation by the Nazis for 27 days; and
WHEREAS, this date, which in the Hebrew calendar is the twenty-seventh day of Nisan, has been established by the United States Congress as a national Holocaust Remembrance Day; and
WHEREAS, the Legislature of the State of Michigan has declared this day Holocaust Remembrance Day in Michigan, with the days through the following Sunday as days of remembrance; and
WHEREAS, the twenty-seventh day of the month of Nisan in the Hebrew calendar falls on April 18 of 2004; and
WHEREAS, the Board of Commissioners wishes to honor the memory of all who lost their lives and all who have and continue to suffer as a result of the Holocaust.
THEREFORE BE IT RESOLVED, in memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, the Ingham Board of Commissioners declares that the twenty-seventh day of the month of Nisan in the Hebrew calendar, April 18, 2004, shall be Holocaust Remembrance Day in Ingham County and the week of April 18 - 24, 2004 Holocaust Remembrance Week.
BE IT FURTHER RESOLVED, the Board of Commissioner encourages individuals, educational institutions, and social, community, religious, labor and business organizations to pause during Holocaust Remembrance Week and reflect upon the terrible events of the Holocaust, so that as a society we will remain vigilant against hatred, persecution, and tyranny and actively rededicate ourselves to the principles of individual freedom in a just society.
COUNTY SERVICES: Yeas: Swope, Thomas, De Leon, Hertel
Nays: None Absent: Severino, Nevin Approved 3/2/04
Moved by Commissioner Swope, supported by Commissioner De Leon to adopt the resolution. Motion carried.
The following resolution was introduced by the County Services Committee:
RESOLUTION MAKING AN APPOINTMENT TO THE
INGHAM COUNTY YOUTH COMMISSION
RESOLUTION #04-65
WHEREAS, the Ingham County Board of Commissioners created a Youth Commission to provide an opportunity for youth to become more aware and involved in County Government; and
WHEREAS, the applicant interested in serving on this Committee has been interviewed by the County Services Committee.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby appoints:
Ashley Starr, 2376 Aurelius Road, Holt, 48842
to a term expiring August 31, 2004.
COUNTY SERVICES: Yeas: Swope, Thomas, De Leon, Hertel
Nays: None Absent: Severino, Nevin Approved 3/2/04
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services Committee:
RESOLUTION HONORING DR. NANETTE REYNOLDS
RESOLUTION #04-66
WHEREAS, after twenty years of public service, Dr. Nanette Reynolds retired from Michigan State Government at the end of 2003; and
WHEREAS, her career in State Government began as a Civil Rights and Education Program Specialist in the Office of the Governor, after seven years with the Michigan Department of Civil Rights she was appointed its Director in April of 1993, and
WHEREAS, during her tenure with the Michigan Department of Civil Rights, Dr. Reynolds balanced aggressive enforcement of civil rights laws with the need to progress the agenda of civil rights through social collaborations; and
WHEREAS, demonstrating a remarkable ability to bring together state, federal and local agencies, along with public and private organizations to work toward common goals, Dr. Nanette Reynolds ushered in a new interagency cooperation, establishing the Michigan Department of Civil Rights as a model among state civil rights departments, sharing the mission of preventing and eliminating unlawful discrimination; and
WHEREAS, in 2003 under Dr. Nanette Reynolds' leadership, the Michigan Department of Civil Rights received two awards, the Equal Employment Opportunity Commission's award for Innovative Joint Outreach and the Department of Housing and Urban Development's award for Commitment to Fair Housing and Excellence in Homeownership; and
WHEREAS, in recognition of her leadership and commitment to civil rights, Dr. Nanette Reynolds has received numerous awards including the American-Arab Anti-Discrimination Committee's Civil Rights Award, the Michigan State Conference NAACP's Community Service Award, the Anti-Defamation League's Women of Achievement Award, the Individual Achievement Award from the International Association of Organized Human Rights Agencies and the National Association of Human Rights Workers' Individual Human Rights Award; and
WHEREAS, she has also been among the "Volunteers of the Year" for Ele's Place, a recipient of the Diana Award from the YWCA of Greater Lansing, the Humanitarian Award from the Martin Luther King, Jr. Lansing Area Commission and the role model award from the "Y" Achievers.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby honors Dr. Nanette Reynolds for her years of service with the State of Michigan and for her continued commitment to equal opportunity and civil rights.
BE IT FURTHER RESOLVED, that the Board appreciates the contributions she has made to the citizens of Ingham County, her accomplished leadership has had a positive influence on the entire region.
COUNTY SERVICES: Yeas: Swope, Thomas, De Leon, Hertel
Nays: None Absent: Severino, Nevin Approved 3/2/04
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION MODIFYING THE ORDINANCE
ESTABLISHING THE INGHAM COUNTY PARK RULES AND REGULATIONS
RESOLUTION #04-67
WHEREAS, it is the consensus of the Ingham County Parks Board that this modification of the Ordinance establishing the park rules and regulations is necessary to maintain an orderly and pleasant environment for park visitors.
WHEREAS, the Ingham County Parks Board recommends that the Ingham County Board of Commissioners approve the modifications listed below to the Ordinance establishing the park rules and regulations.
INGHAM COUNTY PARK RULES AND REGULATIONS
Adopted June 27, 1998 - Modified June 2002
Section 1. Ordinance Title. The title of this Ordinance shall be the Ingham County Park Rules and Regulations.
Section 2. Definitions.
"Authorized Local Official" means the Parks Director, Parks Law Enforcement Officers, or other personnel of the County legally authorized to issue municipal civil infraction citations
"Business Day" means a day of the year, exclusive of a Saturday, Sunday, or legal holiday.
"Citation" means a written complaint or notice to appear in District Court upon which an authorized local official records the occurrence or existence of one (1) or more violations of this Ordinance by the party cited.
"County" means the County of Ingham, Michigan.
"District Court" means the 55th Judicial District Court.
"Misdemeanor" means a violation of this Ordinance which is not designated as a municipal civil infraction by this Ordinance.
"Municipal Civil Infraction" means an act or omission that is prohibited by this Ordinance, but which is not a misdemeanor under this Ordinance, and for which civil sanctions including without limitations, fines, damages, expenses and costs may be ordered, as authorized by Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended.
"Municipal Civil Infraction Action" means a civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
"State" means the State of Michigan.
"Violation" means an act which is prohibited by this Ordinance. A violation shall include any omission or failure to act where the action is required by this Ordinance.
Section 3. Park Hours.
A. All parks under the jurisdiction of the County shall open one half hour before sunrise for pedestrian access, 8:00a.m. for vehicle access, and close one half hour after sunset, unless otherwise posted or unless permission has been granted by the County or its designated representative.B. Any park or park lands, or portions thereof, may be closed entirely or closed to certain uses for such period of time as may be determined by the County or its designated representatives.
C. No person or vehicle shall be within any park except when such park or portion thereof is open unless camping is approved by a permit issued by the County or its designated representatives.
Section 4. Conduct on Park Property.
A. Preservation of Property. No person shall willfully disturb, destroy, deface, alter, change, or remove any part of any park or any facility, building, sign, structure, equipment, utility or other property found herein.
B. Preservation of Natural Resources and Plant Life. No person shall:
(1) Remove, or cause to be removed, any sod, earth, humus, peat, boulder, gravel or sand found within any park without the written permission of the County or its authorized representatives.
(2) Cut, remove, dig, injure, pick, damage, deface or destroy any tree, flower, shrub or plant, whether alive or dead, found within the park without written permission of the County or its authorized representatives.
C. Preservation of Wildlife. No person shall hunt, trap, bait, pursue, injure, feed, kill or in any manner disturb any amphibian, reptile, bird or mammal on any land or waters under the jurisdiction of the County unless written permission has been granted by the county or its designated representatives.
E. Fires. No person shall build a fire within any park except in grills or fire rings provided for such purpose. Fires in the beach area are expressly forbidden. Firewood may be collected to be used within the parks only if it is dead and not standing.
F. Disposal or Refuse. No person shall:
(1) Deposit or abandon in any park or in any waters in or adjacent to any park or on the ice thereof any garbage, refuse, trash, waste or other obnoxious material, except, in receptacles provided for such purposes.
(2)Bring into any park refuse or litter originating outside any park for the purpose of depositing such in park receptacles.
G. Fireworks, Firearms and Other Weapons. No person shall:
(1) Have in their possession or control any slingshot, bb gun, fireworks or explosives within any park.
(2) Have in their possession or control any bow or arrow within any park except by prior written permission of the County.
(3) Discharge any rifle, shotgun, pellet gun, air rifle, pistol or other firearm in any park for any
reason, provided that this rule shall not apply to any law enforcement officer acting in the course of
his or her employment.
H. Alcoholic Beverages.
(1) No person shall have in their possession within the park boundaries any alcoholic beverages stronger than beer or wine.
(2) Alcoholic beverages must be brought to the park in original containers, and said containers shall not exceed 67.6 fluid ounces (2 liters) in capacity.
(3) All allowed alcoholic beverages as defined shall be confined to the picnic and ball field area within the parks unless written permission has been granted by the County or the area is otherwise posted.
(4) Possession and/or use of alcoholic beverages within Lake Lansing Park-South, Rayner Park, Burchfield Park winter sports area, Hawk Island County Park, and the Kenneth A. Hope Soccer Complex is prohibited.
I. Disorderly Conduct.
(1) No person shall be a disorderly person within the park boundaries. A person is a disorderly person if the person is any of the following:
B. A person who is engaged in indecent or obscene conduct in a public place.
(2) No person shall interfere with any park employee in the discharge of his or her duties, or fail or refuse to obey any lawful command issued by them.
J. Audio Devices.
(1) No person shall use or operate any radio, musical instrument, phonograph, television or other machine or device that produces or reproduces sound in such a manner that produces excessive noise. The use of such a machine or device such that the sound produced therefrom is audible in any direction at a distance in excess of 100 feet, shall be deemed a prima facie violation of this section, unless written permission has been obtained from the County Parks or its designated representatives.
(2) No person, group or organization using any picnic shelter within any Ingham County Park, with or without having reserved or rented said picnic shelter, shall use or operate any radio, musical instrument, phonograph, television, compact disc player, tape player or other machine or device that produces or reproduces sound or music, regardless of its audio volume, within, or within 150 feet of, any picnic shelter, unless specific written permission has been obtained from the County or its designated representative. Such written permission shall be in the form of a County-approved Special Event Permit, and shall include the name of the person responsible for the control of such equipment, the type of equipment authorized for use, hours of use and any other information or restrictions regarding the audio equipment's use that shall be deemed necessary by the Ingham County Parks Department. This rule does not apply to the use of a machine or device equipped with a headphone or an earphone where the sound or music would be limited to or confined to the user in control of the machine or device while the headphone or earphone is in use for its intended purpose. The responsible party named in the written permit shall be on site and available to park officials at all times while the audio equipment is in use. Such permit may be revoked at any time by the County or its designated representative.
K. Other
(1) No person shall use metal detectors in any turf areas within the county park system.
(2) No person shall play Frisbee and/or ball games within the beach areas of Lake Lansing Park-South, Hawk Island Park, and William M. Burchfield Parks.
(3) No person shall operate a hot air balloon or model rocket vehicle, model aircraft, or model watercraft, which are powered by battery, gas, fuel or fuel pellet, on any park lands without the permission of the County or its designated representative.
(4) The launching of trailered watercraft is prohibited at Hawk Island County Park without written permission of the county or its representatives. Non-motorized watercraft that are capable of being hand carried are permitted to be launched at Hawk Island County Park at designated locations only. Non-electric motors are prohibited at Hawk Island County Park.
Section 5. Swimming, Bathing and Wading.
A. No person shall swim, bathe or wade except within those areas so designated, and swimming is prohibited within those designated areas when so posted.
B. Children 8 years of age and under shall be accompanied by an adult at least 18 years of age while in the swimming area of County park beaches.
C. Beach and swim areas during the regular summer season shall be open from 9:00 a.m. to sunset, unless otherwise posted.
D. Air mattresses, inner tubes, life jackets or any other devices inflatable or otherwise, used in the aid of swimming are prohibited unless otherwise posted. U.S. Coast Guard approved personal flotation devices may be worn by individuals whose physical disability is such that without such aid use of the swimming area would be impossible.
E. Alcoholic beverages, glass containers and pets are not allowed within the posted limits of the beach area.
Section 6. Dogs and Pets.
A. Dogs or other pets shall be kept on a leash no greater than 6 feet in length, under the immediate control of a responsible person and shall not be allowed to disturb or annoy park visitors.
B. Dogs or other pets are allowed in Lake Lansing Park-North, Burchfield Park, Baldwin Park and McNamara Landing, except in areas posted. Pets are not allowed in Lake Lansing Park-South, the Lake Lansing Boat Launch, Hawk Island Park, Rayner Park, the Kenneth A. Hope Soccer Complex, and Riverbend Natural Area at Burchfield Park, unless otherwise posted. Pets are not allowed within the designated bathing beaches, park buildings, shelters and on the ski trails when they are open for skiing. Dogs or other pets may be allowed as a condition of an approved special event application, or when transporting a dog or pet directly from an automobile to a watercraft at the Lake Lansing Boat Launch.
C. Guide or leader dogs, hearing dogs, and service dogs for disabled persons are permitted in all areas, as provided under Michigan Compiled Laws 750.502c, as amended.
D. Pets must not be left unattended or left in a vehicle or trailer. Owners must clean up pet droppings.
Section 7. Horses. It shall be a violation for a person to ride, lead or allow a horse to be upon any property not designated as a horse trail which is administered by or under the jurisdiction of the County unless prior written permission has been obtained from the County or its designated representatives.
Section 8. Bicycles. Bicycles shall be permitted on designated trails only. No person shall operate a bicycle upon any sidewalk or trail which is posted against such use.
Section 9. Natural Area and Nature Trails.
A. Nature trails shall be for pedestrian traffic only, unless otherwise posted.
B. Fires are prohibited within any natural areas unless written permission has been granted by the County or its designated representatives.
C. Bicycles, horses and pets are also prohibited within such areas.
Section 10. Motor Vehicles.
A. It shall be unlawful for any person to:
(1) Operate a motor driven vehicle in excess of fifteen (15) miles per hour within the park, except where otherwise posted.
(2) Operate any motor driven vehicle of any kind or nature except on designated public roads.
(3) Operate a motor driven vehicle in violation of posted traffic control signs or devices.
(4) Operate an unlicenced motor vehicle upon any park road or parking area.
B. State Laws. All motor driven vehicles operated on park roadways or parking lots shall be subject to the laws of the State of Michigan as set forth in the Michigan Motor Vehicle Code.
Section 11. Parking.
A. Parking in Prohibited Areas. It shall be unlawful for any person to:
(1) Park any motor vehicle within any area not designated as a parking area or space.
(2) Stop, stand or park any motor vehicle at any place where official signs prohibit.
B. Use of Parking Areas.
(1) The county park parking lots in all county parks are hereby closed to all park activities except parking of vehicles and entry and exit from vehicles. No park land usage, including, but not limited to, picnicking, frisbee throwing, games or other activities shall be permitted in the county parking lots of county parks. All park activities except traversing to and from county parking lots and/or parking of vehicles in case of emergencies are prohibited.
(2) When posted, parking at the Lake Lansing Boat Launch is hereby restricted on weekends and holidays to vehicles with boats only.
C. Obstructing Traffic.
(1) It shall be unlawful for the operator of any vehicle to stop, stand, or park such vehicle upon any roadway or in any parking area in such a manner as to form an obstruction to traffic.
(2) Whenever any police officer finds a vehicle unattended upon a roadway or in a parking area and where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety.
(3) The necessary costs for such removal shall become a lien upon such vehicle and the person into whose custody the vehicle is given may retain it until all expenses involved have been paid.
Section 12. Commercial Activities and Advertising. No person or organization shall advertise, vend, sell, post or distribute any service, food, beverage, merchandise, commercial leaflet, or poster within any park, except by prior written permit from the County or its designated representatives.
Section 13. Camping. No person shall camp within any park except in those areas or buildings designated for that purpose, unless permission is provided in writing by the County or its representatives.
Section 14. Fees, Charges and Permits.
A. It shall be a violation for any person to use any facility, building, land area or equipment for which a fee or charge has been established by the County without payment of such fee or charge.
B. It shall be a violation for any person, group or organization to occupy, use or fail to vacate any facility, building land area or equipment for which a permit has been granted to another person, group or organization.
Section 15. Violations and Penalties.
A. Any person violating any provision of this Ordinance, except provisions of the Motor Vehicle Code incorporated herein and Section 4.H.(1), shall be responsible for a municipal civil infraction. Repeat violations under this Ordinance shall be subject to increased fines or misdemeanor penalties as provided in Sections 18 and 19 of this Ordinance.
B. Any person violating the provisions of the Motor Vehicle Code shall be subject to the fines and penalties set forth in that Code.
C. Persons continuing to violate any of the above provisions after being cited may also be evicted from said park or park land for the remainder of the day of the offense.
Section 16. Municipal Civil Infraction Citations; Issuance and Service. Municipal civil infraction citations shall be issued and served by an authorized local official as follows:
A. The time for appearance specified in a citation shall be within ten (10) days after the citation is issued.
B. The place for appearance specified in a citation shall be the District Court.
C. Each citation shall be numbered consecutively and shall be in a form approved by the State Court Administrator. The original citation shall be filed with the District Court. Copies of the citation shall be retained by the County and issued to the alleged violator as provided by Section 8705 of Act No. 236 of the Public Acts of 1961, as amended.
D. A citation for a municipal civil infraction signed by an authorized local official shall be treated as made under oath if the violation alleged in the citation occurred in the presence of the official signing the complaint and if the citation contains the following statement immediately above the date and signature of the official: "I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge and belief."
E. An authorized local official who witnesses a person commit a municipal civil infraction shall prepare and subscribe, as soon as possible and as completely as possible, an original and required copies of a citation.
F. An authorized local official may issue a citation to a person if:
(1) Based upon investigation, the official has reasonable cause to believe that the person is responsible for a municipal civil infraction; or
(2) Based upon investigation of a complaint by someone who allegedly witnessed the person commit a municipal civil infraction, the official has reasonable cause to believe that the person is responsible for an infraction and if the County Prosecuting Attorney approves in writing the issuance of the citation.
G. Municipal civil infraction citations shall be served personally by serving a copy of the citation upon the alleged violator.
Section 17. Municipal Civil Infraction Citations; Contents.
A. A municipal civil infraction citation shall name the County as plaintiff and shall contain the name and address of the defendant, the municipal civil infraction alleged, the place where the defendant shall appear in court, the telephone number of the court, and the time at or by which the appearance shall be made.
B. Further, the citation shall inform the defendant that he or she may do one of the following:
(1) Admit responsibility for the municipal civil infraction by mail, in person, or by representation, at or by the time specified for appearance.
(2) Admit responsibility for the municipal civil infraction "with explanation" by mail by the time specified for appearance or, in person, or by representation.
(3) Deny responsibility for the municipal civil infraction by doing either of the following:
(a) Appearing in person for an informal hearing before the Judge or Magistrate of the
District Court without the opportunity of being represented by an attorney, unless a
formal hearing before the District Court's Judge is requested by the County.
(b) Appearing in the District Court for a formal hearing before the District Court's Judge,
with the opportunity of being represented by an attorney.
(4) The citation shall also inform the defendant of all of the following:
(a) That if the defendant desires to admit responsibility "with explanation" in person or by representation, the defendant must apply to the District Court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time for an appearance.
(b) That if the defendant desires to deny responsibility, the defendant must apply to the District Court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain
a scheduled date and time to appear for a hearing, unless a hearing date is specified on the citation.
(c)That a hearing shall be an informal hearing unless a formal hearing is requested by the defendant or the County.
(d) That, at an informal hearing, the defendant must appear in person before the District Court's Judge or Magistrate, without the opportunity of being represented by an attorney.
(e) That, at a formal hearing, the defendant must appear in person before the District Court's Judge with the opportunity of being represented by an attorney.
(5) The citation shall contain a notice in boldfaced type that the failure of the defendant to appear within the time specified in the citation or at the time scheduled for a hearing or appearance is a misdemeanor and will result in the entry of a default judgment against the defendant on the municipal civil infraction.
Section 18. Establishment of Schedule of Civil Fines.
A. A schedule of civil fines for violations of this Ordinance is hereby established. The fines for the violations shall be as follows:
(1) For the first citation issued to a defendant who admits or is found by the District Court to have violated this Ordinance, the civil infraction fine shall be $50.00 for the first violation cited and an additional $50.00 for each additional violation listed within the citation, up to, but not to exceed, $500.00. In addition to such fines, the defendant shall pay such costs and damages and expenses as may be set by the District Court, as authorized by Section 8727 of Act No. 236 of the Public Acts of 1961, as amended.
(2) For a second citation issued to a defendant who admits or is found by the District Court to have committed repeated violations of this Ordinance, the civil infraction fine shall be up to $500.00 for each repeat violation. As used in this section, "repeat violations" means a second violation of the same requirement or provision (i) committed by a defendant within any one (1) year period, and (ii) for which the defendant admits responsibility or is determined to be responsible. In addition to such fines, the defendant shall pay such costs and damages and expenses as may be set by the District Court, as authorized by Section 8727 of Act No. 236 of the Public Acts of 1961, as amended.
B. Failure to appear at the District Court within the time specified in a citation or at the time scheduled for a hearing or an appearance is a misdemeanor and will result in entry of a default judgment against the defendant on the municipal civil infraction.
C. Failure to comply with an order, judgment or default in payment of a civil fine, costs, damages, or expenses, so ordered may result in enforcement actions, including, but not limited to, imprisonment on civil contempt which shall not exceed one (1) day for each $30.00 due, collections, placement of liens or other remedies as permitted by Chapter 87 of Act 236 of Public Acts of 1961, as amended.
D. A municipal civil infraction is not a lesser included offense of a criminal offense or an ordinance violation that is not a civil infraction.
Section 19. Misdemeanor Violations.
A. Any person convicted of violating Section 4.H.(1) relating to disorderly persons shall be guilty of a misdemeanor.
B. A third and subsequent repeated violation of this Ordinance shall be a misdemeanor. As used in this section, "repeat violations" means a third or subsequent violation of the same requirement or provision (i) committed by a defendant within any one (1) year period, and (ii) for which the defendant admits responsibility or is determined by the District Court to be responsible.
C. Actions or omissions which are a misdemeanor under this Ordinance shall be punishable upon conviction by a fine of not to exceed $500.00 (plus other costs), imprisonment for a term of not to exceed ninety (90) days, or both.
Section 20. Construction. When not inconsistent with the context, words used in the present tense include the future. Words in the singular include the plural and words in the plural include the singular. Masculine shall include the feminine and neuter. The word "shall" is always mandatory and not merely directive. Words or terms not defined herein shall be interpreted as defined in statutes, regulations or codes to which they apply or if not so defined shall be defined in the manner or their common meaning. Headings shall be deemed for convenience and shall not limit the scope of any section of this Ordinance.
Section 21. Severability. The various parts, sections, subsections, paragraphs, sentences, phrases and clauses of this Ordinance are hereby declared to be severable. If any part, section, subsection, paragraph, sentence, phrase or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, it shall be considered severed from this Ordinance and shall not be construed as affecting the validity of the remaining portions of this Ordinance.
Section 22. Repealer Clause. Any ordinance or parts of ordinance in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.
Section 23. Savings Clause. This Ordinance does not affect rights and duties matured, penalties that were incurred, and proceedings that were begun, before its effective date.
Section 24. Effective Date. This Ordinance shall become effective on the 27th day of June, 1998.
THEREFORE BE IT RESOLVED, that the Ordinance adopting the existing Ingham County Park Rules and Regulations (adopted June 27, 1998 and modified June 11, 2002) be modified as recommended by the Ingham County Parks Board.
BE IT FURTHER RESOLVED, that the modified Ordinance shall take effect when signed by the Board Chairperson, certified by the County Clerk, and notice of its adoption is published in a newspaper of general circulation in the County.
COUNTY SERVICES: Yeas: Swope, Thomas, De Leon, Hertel
Nays: None Absent: Severino, Nevin Approved 3/2/04
FINANCE: Yeas: Lynch, Grebner, Dedden, Thomas
Nays: None Absent: De Leon, Minter Approved 3/3/04
Moved by Commissioner Schor, supported by Commissioner Lynch to amend Section 4, subtitle D, by adding "no person shall introduce any native species". After discussion, Commissioner Schor withdrew his motion. Commissioner Lynch left the meeting.
Moved by Commissioner Schor, supported by Commissioner Nevin to amend Section 4, subtitle G, number 3 by adding "except in the case of self-defense". Motion to amend failed, with Commissioners Nevin, Schor, Schafer and Severino voting yes, all other voting no.
Motion to adopt carried on the following roll call vote:
YEAS: Celentino, Dedden, DeLeon, Grebner, Hertel, Holman, Minter, Nevin, Schafer, Schor, Stid, Swope, Thomas, Weatherwax-Grant.
NAYS: Serverino
ABSENT: Lynch
Commissioner Lynch returned to the meeting.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION AUTHORIZING AN APPLICATION TO THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES FOR A NATURAL RESOURCES TRUST FUND GRANT FOR THE DEVELOPMENT OF THE RIVER TRAIL-SOUTH
RESOLUTION #04-68
WHEREAS, The Ingham County Parks Master Plan was developed under the direction of the Ingham County Board of Commissioners to establish a systematic plan to meet the goal of providing adequate recreational facilities for the residents of Ingham County; and
WHEREAS, the development of a trail system to connect recreation resources was listed as a top priority; and
WHEREAS, the proposed River Trail-South would link Hawk Island County Park to the existing River Trail, with the potential to eventually connect to Lake Lansing Parks; and
WHEREAS, completion of the southern portion of the trail would provide Non-motorized Pathway Access to the neighborhood north of Hawk Island County Park in addition to providing the first phase of the connection to the River Trail; and
WHEREAS, the City of Lansing, realizing the benefit of such a connection, has budgeted $250,000 in a local match for the project in addition to a pending $300,000 appropriation for the second phase of the River Trail-South; and
WHEREAS, the grant application process requires a commitment by the legislative body to reserve the amount necessary for the local match; and
WHEREAS, the Ingham County Parks Board has recommended that the Ingham County Board of Commissioners authorize an application to be submitted to the Michigan Department of Natural Resources' Trust Fund Grant Program in the amount of $300,000 for a total project cost of $400,000 for the first phase of the River Trail-South.
THEREFORE BE IT RESOLVED, that an application be submitted to the Michigan Department of Natural Resources' Trust Fund Grant Program for the amount of $300,000.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners commit the local match of $100,000 to be available in 2005 contingent upon grant approval.
COUNTY SERVICES: Yeas: Swope, Thomas, De Leon, Hertel
Nays: None Absent: Severino, Nevin Approved 3/2/04
FINANCE: Yeas: Lynch, Grebner, Dedden, Thomas
Nays: None Absent: De Leon, Minter Approved 3/3/04
Moved by Commissioner Swope, supported by Commissioner Holman to adopt the resolution. Motion carried, with Commissioners Minter and Nevin voting no, all others voting yes.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION AUTHORIZING AN APPLICATION TO THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES FOR A LAND AND WATER CONSERVATION FUND GRANT TO DEVELOP A SPRAY WATER PLAYGROUND AT HAWK ISLAND COUNTY PARK
RESOLUTION #04-69
WHEREAS, The Ingham County Parks Master Plan was developed under the direction of the Ingham County Board of Commissioners to establish a systematic plan to meet the goal of providing adequate recreational facilities for the residents of Ingham County; and
WHEREAS, the development of Hawk Island County Park was listed as a top priority; and
WHEREAS, the location of Hawk Island County Park is ideal for the development of a spray water playground due to the proximity of the park to the majority of the population of Ingham County; and
WHEREAS, the City of Lansing, realizing the benefit of such a facility to the area, has pledged $50,000 in support of the project; and
WHEREAS, $40,000 is included within the Parks Department's 2004 Budget; and
WHEREAS, the Ingham County Parks Board has recommended that the Ingham County Board of Commissioners authorize an application to be submitted to the Michigan Department of Natural Resources requesting a grant from the Land and Water Conservation Fund in the amount of $150,000 to assist in the development of a spray water playground at Hawk Island County Park with a total cost of $300,000 as detailed below:
City of Lansing $ 50,000
Ingham County Currently Appropriated $ 40,000
Ingham County Proposed 2005 Appropriation $ 60,000
Land and Water Conservation Fund Grant $150,000
TOTAL PROJECT COST $300,000
THEREFORE BE IT RESOLVED, that an application be submitted to the Michigan Department of Natural Resources for a Land and Water Conservation Fund Grant in the amount of $150,000.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners commit the local match of $60,000, in addition to the current 2004 appropriation of $40,000, to be available in 2005 contingent upon the grant being approved.
COUNTY SERVICES: Yeas: Swope, Thomas, De Leon, Hertel
Nays: None Absent: Severino, Nevin Approved 3/2/04
FINANCE: Yeas: Lynch, Grebner, Dedden, Thomas
Nays: None Absent: De Leon, Minter Approved 3/3/04
Moved by Commissioner Swope, supported by Commissioner Dedden to adopt the resolution. Motion carried, with Commissioner Minter voting no, all others voting yes.
The following resolution was introduced by the Finance Committee:
RESOLUTION ESTABLISHING THE BUDGET CALENDAR FOR 2005
RESOLUTION #04-70
WHEREAS, Public Act 621 of 1978 provides that the Board of Commissioners establishes an appropriate time schedule for preparing the budget; and
WHEREAS, this Act requires that each elected official, department head, administrative office or employer of a budgetary center shall comply with the time schedule and requests for information from the Controller.
THEREFORE BE IT RESOLVED, that the attached budget calendar for the 2005 budget process be adopted.
BE IT FURTHER RESOLVED, that the County Clerk shall be directed to provide written notification of the attached budget calendar to all elected officials and department heads.
FINANCE: Yeas: Lynch, Grebner, Dedden, Thomas
Nays: None Absent: De Leon, Minter Approved 3/3/04
March 3 Finance Committee recommends 2005 budget calendar.
March 9 Board of Commissioners approves 2005 budget calendar.
April 1 - 7 Board Committees begin review of budget background information, performance measures and activity indicators for formulation of strategic goals for 2005. Committees also review fees for various county services to make recommendations for any appropriate increases to be effective January 1, 2005.
April 15 - 21 Board Committees continue discussions regarding formulation of strategic goals for -2005. Committees also make recommendations for increases to fees for various county services to be effective January 1, 2005.
April 27 Board of Commissioners adopts increases to fees for various county services to be effective January 1, 2005.
April 29 - May 4 Liaison Committees forward recommendations for strategic goals for 2005 to the Finance Committee.
May 5 Finance Committee recommends strategic goals for 2005.
May 11 Board of Commissioners adopts strategic goals for 2005.
May 28 Department heads, agencies and community agencies submit operating and capital budgets.
June 16 - 30 Controller holds budget meetings with departments.
August 16 Controller's Recommended Budget distributed to full Board of Commissioners.
August 19 - Sept. 15 Liaison Committees hold hearings on operating and capital budget recommendations. (Exact dates to be announced by August 1.)
September 29 Finance Committee holds hearings and makes operating and capital improvement budget recommendations.
October 26 Board holds public hearing on the General Fund Budget. Board adopts operating and capital budgets and millages.
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services and Finance Committees:
RESOLUTION TO AUTHORIZE AMENDMENT NO. 2 TO THE 2003-2004 CPBC AGREEMENT WITH THE MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
RESOLUTION #04-71
WHEREAS, the State of Michigan and Ingham County annually enters into a Comprehensive Planning, Budgeting and Contracting (CPBC) Agreement which establishes the duties, responsibilities and funding levels for many public health services in which both parties have responsibility and interest; and
WHEREAS, the annual agreement is executed prior to the commencement of the state's fiscal year; and
WHEREAS, the FY 2003-2004 CPBC Agreement was authorized by Resolution No. 03-205 and executed in August 2003; and
WHEREAS, there have been changes in funding levels and program guidance since August 2003 that the Michigan Department of Community Health proposes to include in Amendment No. 2; and
WHEREAS, the Health Officer recommends that the Board of Commissioners authorize Amendment No. 2 to the 2003-2004 CPBC Agreement.
THEREFORE BE IT RESOLVED, the Ingham County Board of Commissioners authorizes Amendment No. 2 to the 2003-2004 Comprehensive Planning, Budgeting and Contracting Agreement with the Michigan Department of Community Health.
BE IT FURTHER RESOLVED, that total state and federal funding made available to Ingham County through the CPBC Agreement shall be $4,314,663.
BE IT FURTHER RESOLVED, that the state also has revised the guidance in Attachment I - Instructions for the Annual Budget and Attachment III - Program Specific Assurances and Requirements for the following program areas: 1) Bioterrorism, and 2) WISEWOMAN.
BE IT FURTHER RESOLVED, that the Department is authorized to purchase two Cholestech analyzers for use in the WISEWOMAN Program.
BE IT FURTHER RESOLVED, that the MIS Department Director is authorized to expend up to $5,000 to purchase Flash software.
BE IT FURTHER RESOLVED, that all other terms and conditions of the 2003-2004 CPBC Agreement shall remain unchanged.
BE IT FURTHER RESOLVED, that the Controller is authorized to adjust the Health Department's 2003-2004 budget to implement this resolution and that the Board Chairperson is authorized to sign the amendment after review by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Dedden Weatherwax-Grant, Schor, Severino, Nevin
Nays: None Absent: None Approved 3/1/04
FINANCE: Yeas: Lynch, Grebner, Dedden, Thomas
Nays: None Absent: De Leon, Minter Approved 3/3/04
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services and Finance Committees:
RESOLUTION TO AUTHORIZE AN AGREEMENT WITH LANSING-MASON
AMBULANCE FOR MEDICAL EXAMINER TRANSPORTS
RESOLUTION #04-72
WHEREAS, the Ingham County Board of Commissioners has the responsibility to appoint the Ingham County Medical Examiner and support investigations as to the cause and manner of unexpected deaths; and
WHEREAS, these investigations often involve the transport of cadavers from the scene of death to the county morgue; and
WHEREAS, Ingham County has contracted with Lansing-Mason Ambulance Service for the past eight years after issuing an RAP and accepting the lowest bid; and
WHEREAS, the Chief Medical Examiner recommends that Ingham County authorize an amendment to the agreement with Lansing-Mason Ambulance Service to continue the agreement for the period October 1, 2003 through September 30, 2005.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes an amendment of the agreement with Lansing-Mason Ambulance Services, 4148 Legion Drive, Mason, Michigan 48854, for cadaver transports authorized by the Medical Examiner's Office.
BE IT FURTHER RESOLVED, that the amendment shall continue the terms and conditions of the agreement for the period commencing October 1, 2003 and ending September 30, 2005.
BE IT FURTHER RESOLVED, that the compensation for cadaver transport shall be set at $60 per transport during the period of the agreement.
BE IT FURTHER RESOLVED, that the Board Chairperson be authorized to sign the amendment after review by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Dedden Weatherman-Grant, Schor, Severino, Nevin
Nays: None Absent: None Approved 3/1/04
FINANCE: Yeas: Lynch, Grebner, Dedden, Thomas
Nays: None Absent: De Leon, Minter Approved 3/3/04
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services and Finance Committees:
RESOLUTION TO AUTHORIZE AN INTERPRETER SERVICES AGREEMENT WITH THE HOSPITAL PURCHASING SERVICES
RESOLUTION #04-73
WHEREAS, the Health Department provides medical services under State and Federal contracts and receives Medicare and Medicaid payments for services; and
WHEREAS, all of these relationships require the Department to assure that its providers can effectively communicate with the patients; and
WHEREAS, the Department employs people who speak other languages, and contracts with organizations which assist in language interpretation for patients who cannot effectively use the English language; and
WHEREAS, there are languages for which we have no existing means of providing interpretation and times when existing interpreters are not available; and
WHEREAS, the Department has researched other options for interpretation and has concluded that the best option to assure capacity to interpret 150 languages on a full-time basis is Hospital Purchasing Services; and
WHEREAS, the Health Officer has recommended that the Board of Commissioners authorize an Interpreter Services Agreement with Hospital Purchasing Services.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes an Interpreter Services Agreement with Hospital Purchasing Services to assure 24 hours per day interpreter services for Health Department services and patients.
BE IT FURTHER RESOLVED, that the period of the agreement shall be March 1, 2004 through February 28, 2007.
BE IT FURTHER RESOLVED, that Ingham County shall pay Hospital Purchasing Services for interpreter services based on the following aggregate usage:
HAS Price Monthly Usage
$1.59 per minute 1-5000 Minutes
$1.55 per minute 5,000 - 10,000 minutes
$1.49 per minute Over 10,000 Minutes
BE IT FURTHER RESOLVED, that Hospital Purchasing Services shall charge the same rate for all 150 languages covered.
BE IT FURTHER RESOLVED, that the Board Chairperson is authorized to sign the agreement after review by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Dedden Weatherman-Grant, Schor, Severino, Nevin
Nays: None Absent: None Approved 3/1/04
FINANCE: Yeas: Lynch, Grebner, Dedden, Thomas
Nays: None Absent: De Leon, Minter Approved 3/3/04
Adopted as part of the consent agenda.
Introduced by the Human Services and Finance Committees of the:
RESOLUTION TO AUTHORIZE A SOCIAL JUSTICE IN PUBLIC HEALTH PRACTICE GRANT WITH THE W. K. KELLOGG FOUNDATION
RESOLUTION #04-74
WHEREAS, the Ingham County Health Department has been working with the National Association of County and City Health Officials (NACHO) to develop and submit a "Creating Health Equity through Social Justice in Public Health Practice" proposal to the W. K. Kellogg Foundation; and
WHEREAS, the W. K. Kellogg Foundation has announced that it is awarding a $160,085 grant to Ingham County with the intent that it subcontracts for services with NACHO; and
WHEREAS, the major product of the work will be a guidebook for community public health agencies to work for health equity and Ingham County will provide guidance to the project and serve as a test community; and
WHEREAS, the Health Officer has recommended that the Board of Commissioners authorize the grant agreement with the W. K. Kellogg Foundation and the subcontract with the National Association of County and City Health Officials.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes a "Creating Health Equity through Social Justice in Public Health Practice" grant agreement with the W. K. Kellogg Foundation.
BE IT FURTHER RESOLVED, that the period of the agreement shall be December 1, 2003 through November 30, 2005.
BE IT FURTHER RESOLVED, that the W. K. Kellogg Foundation shall provide $160,085 to Ingham County to implement the project.
BE IT FURTHER RESOLVED, that the Board of Commissioners authorizes a subcontract with the National Association of County and City Health Officials for up to a total of $124,000, consistent with budgets approved by the W. K. Kellogg Foundation.
BE IT FURTHER RESOLVED, that the Health Department is authorized to expend the travel, consultant and other expense funds included in the grant budget using the standard County purchasing procedures.
BE IT FURTHER RESOLVED, that the Controller is authorized to adjust the Department's 2004 budget to implement the resolution and the grant contract.
BE IT FURTHER RESOLVED, that the Board Chairperson is authorized to sign the grant agreement and the subcontract after review by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Dedden Weatherman-Grant, Schor, Severino, Nevin
Nays: None Absent: None Approved 3/1/04
FINANCE: Yeas: Lynch, Grebner, Dedden, Thomas
Nays: None Absent: De Leon, Minter Approved 3/3/04
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services and Finance Committees:
RESOLUTION FOR INGHAM COUNTY MSU EXTENSION TO ACCEPT
DONATIONS FOR THE OPERATION AND TEMPORARY STAFFING
OF THE BAKER-DONORA FOCUS CENTER
RESOLUTION #04-75
WHEREAS, neighborhood network centers are recognized as vital to supporting improved community organization for the purpose of identifying needs and mobilizing community residents and agencies; and
WHEREAS, Ingham County MSU Extension employs a Neighborhood Network Center Coordinator/Community Development Agent to support the operation of four urban neighborhood network centers; and
WHEREAS, Ingham County MSU Extension manages a network center operating grant from the City of Lansing; and
WHEREAS, Ingham County MSU Extension has been authorized to receive an MAFIA Juvenile Justice Title V Prevention Grant and matching City of Lansing grant and this prevention project is being implemented at the Baker-Donora Focus Center to provide programming resources for neighborhood youth and families; and
WHEREAS, the Baker-Donora Focus Center receives several small grants and donations from cooperating agencies, individuals, businesses and civic groups to support the programs that operate at the center in affiliation with the Title V grant; and
WHEREAS, the Baker-Donora Focus Center does not have an established checkbook or bookkeeping system to receive and disburse funds; and
WHEREAS, Ingham County MSU Extension is willing to receive and disburse donated funds and provide fund accounting support of these donated funds for the Baker-Donora Focus Center until such time that this support is no longer needed or desired; and
WHEREAS, donations would be used exclusively for materials and supplies and temporary employment consistent with the terms of current or future City grants or Title V grants; and
WHEREAS, recently Ingham County MSU Extension has received a check for $1,200 from the Lansing Rotary Club to be placed in a donations account for the Baker-Donora Focus Center; and
WHEREAS, future donations are expected for the Baker-Donora Focus Center.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners approves the Ingham County MSU Extension Service accepting the current donation of $1,200 from the Lansing Rotary Club.
BE IT FURTHER RESOLVED, the Ingham County Board of Commissioners approves Ingham County MSU Extension accepting future donations for the Baker-Donora Focus Center.
BE IT FURTHER RESOLVED, that all donations received by Ingham County MSU Extension for the Baker-Donora Focus Center will be used to purchase supplies and materials or employ temporary staff for the Center's programs.
BE IT FURTHER RESOLVED, the Ingham County Board of Commissioners authorizes the Controller to make the necessary adjustments in the Ingham County MSU Extension budget.
HUMAN SERVICES: Yeas: Hertel, Dedden Weatherman-Grant, Schor, Severino, Nevin
Nays: None Absent: None Approved 3/1/04
FINANCE: Yeas: Lynch, Grebner, Dedden, Thomas
Nays: None Absent: De Leon, Minter Approved 3/3/04
Adopted as part of the consent of agenda.
The following resolution was introduced by the Human Services, County Services, and Finance Committees:
RESOLUTION AUTHORIZING A CONTRACT WITH
IRISH CONSTRUCTION COMPANY, INC.
FOR RENOVATION OF THE "OLD SHERIFF'S RESIDENCE"
RESOLUTION #04-76
WHEREAS, in 2003 the Community Mental Health Board of Clinton, Eaton, and Ingham Counties along with the approval from the Ingham County Board of Commissioners proposed to utilize a vacant Ingham County facility, commonly referred to as the "Old Sheriff's Residence," for the purpose of operating a residential substance abuse treatment center; and
WHEREAS, in order for the Community Mental Health Board to utilize this vacant facility for said purposes the building must undergo certain building renovations; and
WHEREAS, the Purchasing Department solicited interested and qualified private and commercial vendors for the purpose of this turnkey project to include all costs of administration and coordination of the entire project; and
WHEREAS, it is the recommendation of both the Purchasing and Facilities Departments that a contract be awarded to Irish Construction Company, Inc. who submitted the lowest responsive proposal for the renovation of the "Old Sheriff's Residence" which includes payment of prevailing wages as required by Ingham County.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes a contract to be entered into with Irish Construction Company, Inc., 4640 W. Grand River Ave., Howell, MI 48855 to renovate the "Old Sheriff's Residence" for the purpose of operating a residential substance abuse treatment center for a total cost of $63,957.00.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes the County Attorney to prepare the necessary documents with the Board Chairperson and County Clerk to sign the same.
HUMAN SERVICES: Yeas: Hertel, Dedden Weatherman-Grant, Schor, Severino, Nevin
Nays: None Absent: None Approved 3/1/04
COUNTY SERVICES: Yeas: Swope, Thomas, De Leon, Hertel
Nays: None Absent: Severino, Nevin Approved 3/2/04
FINANCE: Yeas: Lynch, Grebner, Dedden, Thomas
Nays: None Absent: De Leon, Minter Approved 3/3/04
Adopted as part of the consent agenda.
The following resolution was introduced by the Law Enforcement, County Services, and Finance Committees:
RESOLUTION TO AUTHORIZE THE INGHAM COUNTY SHERIFF'S OFFICE
TO REORGANIZE THE COMMISSARY CLERK POSITION
RESOLUTION #04-77
WHEREAS, the Ingham County Sheriff's Office found it necessary to reorganize and as a result the Commissary Clerk's position received increased responsibilities and job duties where changed; and
WHEREAS, the Ingham County Sheriff's Office submitted a proposal to the Human Resources Director for a reorganization proposal and grade increase for the Commissary Clerk; and
WHEREAS, the Human Resources Director agrees with Ingham County Sheriff's Office
the current Commissary Clerk position should be reorganized from a TOPS C-5 to a TOPS D-5 classification; and
WHEREAS, the UAW has agreed with the Ingham County Sheriff's Office and the Human Resources Director in this reorganization proposal.
THEREFORE BE IT RESOLVED, the Ingham County Board of Commissioners authorizes the Ingham County Sheriff's Office to reorganize to allow the Commissary Clerk's Position to receive a grade increase to a TOP D-5 ($31,464).
BE IT FURTHER RESOLVED, the increase in salary will be paid for through the commissary revenues.
BE IT FURTHER RESOLVED, the Ingham County Board of Commissioners authorizes the Budget Department and the Finance Department to make any necessary budget adjustments in the Ingham County Sheriff's Office 2004 budget.
LAW ENFORCEMENT: Yeas: Schor, Stid, Holman, Swope, Schafer
Nays: None Absent: Minter Approved 2/26/04
COUNTY SERVICES: Yeas: Swope, Thomas, De Leon, Hertel
Nays: None Absent: Severino, Nevin Approved 3/2/04
FINANCE: Yeas: Lynch, Grebner, Dedden, Thomas
Nays: None Absent: De Leon, Minter Approved 3/3/04
Adopted as part of the consent agenda.
The following resolution was introduced by the Law Enforcement and Finance Committees:
RESOLUTION FOR THE SHERIFF'S OFFICE TO ENTER INTO AN
AGREEMENT WITH SECURE CARE TO COMPLETE A REVIEW OF
MEDICAL SERVICES AT THE JAIL
RESOLUTION #04-78
WHEREAS, the Ingham County Correctional Facility will be expanding bed space by 90 beds; and
WHEREAS, the Ingham County Sheriff's Office was authorized by the Ingham County Board of Commissioners to increase the staff of nurses at the Sheriff's Office; and
WHEREAS, the Ingham County Sheriff's Office continues to strive to provide adequate medical services for inmates as directed by the Ingham County Board of Commissioners; and
WHEREAS, "Secure Care" has contacted the Sheriff's Office to recommend a review of all medical services at the Correctional facility would be appropriate to include review of staffing needs as it relates to the additional beds; and
WHEREAS, Secure Care has indicated a complete medical department audit would cost $4,584.00.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes the Ingham County Sheriff's Office to enter into an agreement with Secure Care to complete a review of medical services at the Ingham County Correctional Facility for the time period of March 9, 2004 through May 31, 2004.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes the Sheriff's Office to pay Secure Care $4,584.00 for the audit.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes the $4,584.00 to come from the 2004 contingency fund.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes the Controller to make any necessary adjustments in the appropriate 2004 budgets.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes the Board Chairperson and the County Clerk to sign any necessary contract documents that are consistent with this resolution and approved as to form by the County Attorney.
LAW ENFORCEMENT: Yeas: Schor, Stid, Holman, Swope, Schafer
Nays: None Absent: Minter Approved 2/26/04
FINANCE: Yeas: Lynch, Grebner, Dedden, Thomas
Nays: None Absent: De Leon, Minter Approved 3/3/04
Adopted as part of the consent agenda.
The following resolution was introduced by the Law Enforcement and Finance Committees:
RESOLUTION AUTHORIZING A CONTRACT WITH JUSTICE BENEFITS, INC., TO SECURE FEDERAL ENTITLEMENT BENEFITS FOR INGHAM COUNTY BASED ON THE INGHAM COUNTY CORRECTIONAL FACILITY OPERATIONS
RESOLUTION #04-79
WHEREAS, the Ingham County Sheriff's Office has identified a need to maximize federal entitlement benefits to Ingham County based on the operations at the Ingham County Correctional Facility; and
WHEREAS, Justice Benefits, Inc. is uniquely qualified to provide these services to Ingham County; and
WHEREAS, the Ingham County Sheriff's Office is recommending that Ingham County accept this proposal.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby authorizes contracting with Justice Benefits, Inc. for the time period of May 1, 2003 through December 31, 2004, to pursue federal entitlement monies for the County.
BE IT FURTHER RESOLVED, that Justice Benefits, Inc., will be compensated at a rate of 18% of these monies received via a JAI processed claim after the County has received the money from the Federal government.
BE IT FURTHER RESOLVED, that the net revenues generated from same will be used for the enhancement of Sheriff's Office operations.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes the County Clerk and Chairperson of the Ingham County Board of Commissioners to sign any contract or subcontract documents consistent with this resolution and approved as to form by the County Attorney.
LAW ENFORCEMENT: Yeas: Schor, Stid, Holman, Swope, Schafer, Minter
Nays: None Absent: Approved 2/12/04
FINANCE: Yeas: Lynch, Grebner, Dedden, Thomas
Nays: None Absent: De Leon, Minter Approved 3/3/04
Adopted as part of the consent agenda.
The following resolution was introduced by the Law Enforcement Committee:
RECOGNIZING THE MATRICULA CONSULAR AS A FORM OF IDENTIFICATION
RESOLUTION #04-80
WHEREAS, Mexican consular offices, including that located in Detroit, issue identification cards entitled "MATRICULA Consular" to Mexican nationals who reside in the United States; and
WHEREAS, there is a significant Mexican population in the County of Ingham that contributes to the diversity and economic prosperity of the community; and
WHEREAS, some Mexican nationals in the community currently lack any form of identification, and as a result, may be refused or be prevented from receiving law enforcement, medical, and/or educational assistance; and
WHEREAS, the County of Ingham respects the right of all people to pursue their lives with dignity, and is dedicated to protecting all people from crime and providing all people essential services.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby resolved that:
1. The matricula consular shall be recognized as a valid form of identification for Mexican
nationals conducting business with the County of Ingham.
2. Other forms of identification may be required if so specified by County, State, or Federal law.
3. Furthermore, if there is reasonable cause to believe that the MATRICULA consular is
counterfeit or contains inaccurate information, another form of identification shall be required.
4. Additional information may be requested by the County of Ingham that relates to any
purpose other than for identification.
5. No requirement is being imposed on other municipalities or business in the County to
likewise recognize the MATRICULA consular.
LAW ENFORCEMENT: Yeas: Schor, Stid, Holman, Swope, Schafer
Nays: None Absent: Minter Approved 2/26/04
Moved by Commissioner Schor, supported by Commissioner De Leon to adopt the resolution. Motion carried, with Commissioner Severino, Minter and Nevin voting no, all others voting yes.
The following resolution was introduced by the Law Enforcement Committee:
RESOLUTION HONORING ANTHONY DEMOREST
RESOLUTION #04-81
WHEREAS, Anthony Demorest is a senior at Everett High School; and
WHEREAS, during his high school career Anthony has been involved in football and tutoring special education students; and
WHEREAS, he is a member of Boy Scout Troop #411 where he has earned at least 21 merit badges; and
WHEREAS, Anthony's Eagle Project involved organizing and building three regulation horseshoe pits with a 50 foot protective fence at Ingham County's Hawk Island Park in Lansing; and
WHEREAS, Anthony has earned the highest rank attainable in Scouting, the Eagle Scout; and
WHEREAS, to achieve the Eagle rank, a scout must demonstrate leadership and citizenship while earning 21 merit badges before reaching the age of 18.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby congratulates Anthony Demorest for earning the rank of Eagle Scout and extends its sincere appreciation to Anthony for serving as a positive role model for the youth in our community.
LAW ENFORCEMENT: Yeas: Schor, Stid, Holman, Swope, Schafer
Nays: None Absent: Minter Approved 2/26/04
Adopted as part of the consent agenda.
SPECIAL ORDERS OF THE DAY:
Chairperson Celentino recommended the appointment of Commissioner Lynch to the Women's Commission. Moved by Commissioner Schafer, supported by Commissioner De Leon to confirm the appointment. Motion carried unanimously.
Chairperson Celentino recommended the re-appointment of Paul Pratt to the Community Mental Health Authority. Moved by Commissioner Dedden, supported by Commissioner Swope to confirm the appointment. Motion carried, with Commissioners Schafer and Nevin voting no, all others voting yes.
Chairperson Celentino recommended the appointment of Patrick St. George to the Community Mental Health Authority. Moved by Commissioner Swope, supported by Commissioner Thomas to confirm the appointment. Motion carried.
PUBLIC COMMENT:
None.
COMMISSIONER ANNOUNCEMENTS:
Commissioner Schor reminded everyone of the ISD election on March 15, 2004.
Commissioner Hertel announced that the next Human Services Committe meeting will begin at 6:00 p.m.
Commissioner Weatherwax-Grant announced the Eastside Neighborhood annual supper.
Commissioner De Leon announced the Ceasar Chavez dinner at the Lansing Center on March 31, 2004 @ 5:30p.m.
CONSIDERATION AND ALLOWANCE OF CLAIMS:
Moved by Commissioner Grebner, supported by Commissioner Schafer to approve payment of the claims submitted by the County Clerk and the Financial Services Department in the amount of $3,361,553.75. Motion carried unanimously.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:38 p.m.
VICTOR CELENTINO, CHAIRPERSON MIKE BRYANTON, INGHAM COUNTY CLERK
Pamela Klusack, Deputy Clerk