Board of Commissioners Room - Courthouse
Mason, Michigan - 7:30 p.m.
April 27, 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 7:32 p.m. by Chairperson Celentino. Roll was called and all Commissioners were present.
PLEDGE OF ALLEGIANCE:
Craig Whitford, Chairperson of the Ingham County Historical Commission, led the Board in the Pledge of Allegiance and few moments of silence were observed for meditation.
APPROVAL OF THE MINUTES:
Moved by Commissioner Lynch, supported by Commissioner Dedden to approve the Minutes of the April 13, 2004 meeting, as written. Motion carried.
ADDITIONS TO THE AGENDA:
Moved by Commissioner Swope, supported by Commissioner Schafer to suspend the rules to allow the addition of a late personal resolution from Commissioner Swope: Resolution to Change the Classification of a Position Within the County Clerk's Office. This was added as agenda item number 25.
PUBLIC HEARING REGARDING THE COUNTY'S INTENT TO ENTER INTO A TAX SHARING AGREEMENT UNDER THE URBAN COOPERATION ACT AS REQUIRED BY SECTION 5a(3) OF THE URBAN COOPERATION ACT:
Chairperson Celentino convened the public hearing at 7:35 p.m.. There was no one present wishing to address the Board and the hearing was closed at 7:35 p.m.
PETITIONS AND COMMUNICATIONS:
Letter from the Michigan Association of Counties, acknowledging receipt of a copy of resolution #04-84. Received and placed on file.
Resolution from Ottawa County supporting the nomination of Eric Coleman, Oakland County Commissioner, to the office of second vice-president of the National Association of Counties. Received and placed on file.
Resolution from Oakland County opposing the July property tax collection proposal. Referred to the Finance Committee.
Resolution from Newaygo County opposing revision of the Michigan Drain Code. Referred to the County Services Committee.
Letter, with attachments, from Evalyn Walsh Mullin encouraging partial blackouts so that people can star gaze during the summer months. Referred to the County Services Committee.
LIMITED PUBLIC COMMENT:
None.
CONSIDERATION OF CONSENT AGENDA:
Moved by Commissioner Schafer, supported by Commissioner Grebner to adopt a consent agenda consisting of all items, except 6, 7, 13, 18, 19, 21 and 25. 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 the Ingham County Board of Commissioner:
RESOLUTION HONORING CHRISTOPHER TREPKY
RESOLUTION #04-120
WHEREAS, Christopher Trepky is a senior at Williamston High School where he holds a 4.0 grade point average and is a member of the National Honor Society; and
WHEREAS, he has also participated in the drama club, choir, band and jazz band, and as a member of the tennis, soccer, swimming and diving teams; and
WHEREAS, he joined Boy Scout Troop #63 in 1997 and became a member of the Order of the Arrow in 1999 where he has served as Troop Guide, Instructor, Quartermaster and Assistant Patrol Leader; and
WHEREAS, Christopher's Eagle project consisted of developing a walking trail at the Williamstown Township Park, building and installing signs along the nature trail, and producing a pamphlet that corresponded to the sights along the trail; and
WHEREAS, with the assistance of 16 people, he constructed and installed 16 station markers along the 1.2 miles of nature trail and produced two pamphlets - one for the dormant season and one for the growing season, which took a total of 38.5 hours of planning and refining for the completion of the project.
WHEREAS, Christopher 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 congratulates Christopher Trepky for earning the rank of Eagle Scout and extends its sincere appreciation to Christopher for serving as a positive role model for the youth in our community.
SS\ Celentino, Dedden, De Leon, Grebner, Hertel, Holman, Lynch, Minter, Nevin, Schafer, Schor, Severino, Stid, Swope, Thomas and Weatherwax-Grant
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services Committee:
RESOLUTION SUPPORTING EQUAL OPPORTUNITY IN THE WORKPLACE
RESOLUTION #04-121
WHEREAS, the Ingham County Board of Commissioners has a historical commitment to promoting equal opportunity in the county's workforce; to working to insure that the county's workforce adequately represents the demographics of Ingham County; and to identifying and advocating for the removal of barriers to achieve diversity: and
WHEREAS, the Ingham County Board of Commissioners has pursued this commitment through the creation of an Equal Opportunity Committee and adoption of an Equal Opportunity Plan; and
WHEREAS, the Ingham County Board of Commissioners remains committed to these efforts;
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners continues its firm commitment to promoting equal opportunity; to working to insure that the county's workforce adequately represents the demographics of Ingham County; and to identifying and advocating for the removal of barriers to achieve diversity: and
BE IT FURTHER RESOLVED, that the Board of Commissioners calls upon all elected officials and citizens to continue and enhance their efforts to promote and insure equal opportunity in all workplaces;
BE IT FURTHER RESOLVED, that the County Clerk shall send a copy of this resolution to the Governor and to the Ingham County legislative delegation.
COUNTY SERVICES: Yeas: Swope, Thomas, De Leon, Hertel, Severino
Nays: None Absent: Nevin Approved 4/20/04
Moved by Commissioner Swope, supported by Commissioner De Leon to adopt the resolution. Moved by Commissioner Schafer to delete "to the other counties in the state" from the last Be it Further Resolved paragraph. This was accepted as a friendly amendment. Motion to adopt the resolution, as amended, carried unanimously.
The following resolution was introduced by the County Services Committee:
RESOLUTION TO DONATE A SPANISH-AMERICAN WAR FLAG OF COMPANY F 1ST REGIMENT MICHIGAN STATE TROOPS TO THE STATE OF MICHIGAN
HISTORICAL MUSEUM
RESOLUTION #04-122
WHEREAS, Ingham County currently has on exhibit within a wood display cabinet in the Ingham County Courthouse a Spanish-American War flag of Company F, 1st Regiment Michigan State Troops; and
WHEREAS, the flag is an important historic and fragile memento of Ingham County's participation in the Spanish-American War, and more importantly the flag embodies the spirit of those who served in our armed forces during the war; and
WHEREAS, as a textile material, flags become fragile and brittle with the passage of time, exposure to light, dirt and fluctuations in temperature and humidity all affect its fragile fabric, if improperly stored, the silk threads of the flag begin to deteriorate and turn to powder; and
WHEREAS, the Michigan Historical Museum in Lansing has a specially designed room which houses over 230 Michigan battle flags from the Civil War, the Spanish-American War and World War I. Prior to 1990, these fragile reminders of Michigan's participation in the various wars were housed in the rotunda of the State Capitol; and
WHEREAS, the Michigan flag collection is among the finest in the nation, a special "Save The Flags" fund has been set up, with private donations, to help stabilize the flags from further deterioration; and
WHEREAS, the members of the Ingham County Historical Commission voted to donate to the Michigan Historical Museum so it can be properly preserved to prevent further deterioration for future generations to enjoy.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby donates a Spanish-American War flag of Company F, 1st Regiment Michigan State Troops to the Michigan Historical Museum with the stipulation that the flag will be properly preserved and displayed in the flag room of the Michigan Historical Museum.
COUNTY SERVICES: Yeas: Swope, Thomas, De Leon, Hertel, Severino
Nays: None Absent: Nevin Approved 4/20/04
Moved by Commissioner Swope, supported by Commissioner Stid to adopt the resolution. Moved by Commissioner Schafer to amend the resolution by deleting the last Be it Further Resolved paragraph in its entirety. This was accepted as a friendly amendment. Motion to adopt, as amended, carried unanimously.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION APPROVING A DEFICIT ELIMINATION PLAN
RESOLUTION #04-123
WHEREAS, an accounting deficit will exist in the Drain GIS Study Fund at the end of 2003, and
WHEREAS, a deficit elimination plan must be approved by the County Board of Commissioners and filed with the State of Michigan Local Audit Division.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners approves the attached deficit elimination plan.
COUNTY SERVICES: Yeas: Swope, Thomas, De Leon, Hertel, Severino
Nays: None Absent: Nevin Approved 4/20/04
FINANCE: Yeas: Lynch, Grebner, Dedden, De Leon, Thomas, Minter
Nays: None Absent: None Approved 4/21/04
MEMORANDUM
TO: County Services Committee
Finance Committee
FROM: Gerald Ambrose
DATE: April 8, 2004
SUBJECT: Deficit Elimination Plan
Resolution #03-72 authorized obtaining digital orthophotographs of Ingham County. The resolution specified that the cost of the project would be reimbursed by municipalities within the County.
The project is accounted for in the Drain GIS Study Fund. At December 31, 2003, the project had incurred expenditures of $85,000. Collections and commitments from municipalities exceed $200,000. However, generally accepted accounting principles only permit recognition of currently available revenues. Consequently, the Drain GIS Study Fund shows a $38,636 accounting deficit at December 31, 2003. Additional expenditures are anticipated in 2004 and perhaps in 2005. Collections from municipalities and federal matching funds will be adequate to eliminate any deficit by the end of 2005.
The State of Michigan requires the County Board of Commissioners to approve a Deficit Elimination Plan for any fund that will report a deficit. This memo indicating elimination of the Drain GIS Study Fund deficit by 2005 should satisfy that requirement.
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION AUTHORIZING THE TRANSFER OF UP TO $70,000 WITHIN THE CAPITAL IMPROVEMENT BUDGET TO THE HAWK ISLAND PLAYGROUND
RESOLUTION #04-124
WHEREAS, the Friends of Ingham County Parks, a 501(c)3 Non-profit corporation, are currently engaged in a fundraising effort to provide a community built playground at Hawk Island County Park; and
WHEREAS, a grant was applied for and offered from the Kellogg Foundation in the amount of $25,000 to help with the construction of the playground; and
WHEREAS, the group administering the grant, "Able to Play," has conveyed a last minute requirement that would add at least $50,000 to the cost of the play structure; and
WHEREAS, "Able to Play's" current position is that the grant will not be available unless that requirement is met; and
WHEREAS, the Playground Committee has unanimously rejected the requirement as unreasonable and unnecessary; and
WHEREAS, that decision by the funding group, in addition to a general fundraising shortfall, has resulted in a project deficit of between $30,000 and $70,000 depending upon future fundraising efforts; and
WHEREAS, the Ingham County Parks Board recommends that the Ingham County Board of Commissioners approve the transfer of up to $70,000 to assist with the development and construction of a creative playground at Hawk Island County Park.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes the transfer of up to $70,000 from an existing Capital Improvement appropriation from within the Parks Department budget earmarked for playground construction at Burchfield Park (Burchfield Beach Playground Replacement) to the Community Built Playground Project at Hawk Island (Hawk Island Play Area).
BE IT FURTHER RESOLVED, that the requirements for a formal bid process and approval of the Board of Commissioners for purchases in excess of $25,000 are waived in this instance, and that the Controller is authorized to approve the necessary purchases based on obtaining competitive proposals provided, however, that the Controller will provide the Board of Commissioners with a report on the results of the procurement process and that payment will be approved by the Board of Commissioners as part of its claim approval process.
COUNTY SERVICES: Yeas: Swope, Thomas, De Leon, Hertel, Severino
Nays: None Absent: Nevin Approved 4/20/04
FINANCE: Yeas: Lynch, Grebner, Dedden, De Leon, Thomas, Minter
Nays: None Absent: None Approved 4/21/04
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services Committee:
RESOLUTION IN HONOR OF THE 2004 STATE ARBOR DAY CELEBRATION
RESOLUTION #04-125
WHEREAS, Arbor Day was first celebrated in 1872 to promote conservation efforts and has become a cherished and respected tradition in Michigan; and
WHEREAS, Arbor Day is a time to celebrate trees and their importance in our lives and represents an opportunity to emphasize that tree planting is an important personal demonstration of stewardship; and
WHEREAS, Arbor Day helps remind Ingham County residents that healthy natural resources are vital and that each of us can play a role in ensuring the quality of life in our community; and
WHEREAS, the Board of Commissioners wish to recognize the outstanding efforts of all involved with the success of Arbor Day including the Michigan Arbor Day Alliance, Ingham Conservation District, the Michigan Department of Natural Resources Forest, Mineral and Fire Management Division and the City of Lansing's Parks & Recreation and Forestry Division; and
WHEREAS, the 2004 State Arbor Day Celebration will take place Friday, April 30, 2004 from 10:00 a.m. to 2:00 p.m. at Potter Park Zoo.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby endorses Arbor Day and extends their congratulations and best wishes to the Michigan Arbor Day Alliance, Ingham Conservation District, the Michigan Department of Natural Resources Forest, Mineral and Fire Management Division and the City of Lansing's Parks & Recreation and Forestry Division on the occasion of 2004 State Arbor Day Celebration.
COUNTY SERVICES: Yeas: Swope, Thomas, De Leon, Hertel, Severino
Nays: None Absent: Nevin Approved 4/20/04
Adopted as part of the consent agenda.
The following resolution was introduced by County Services Committee:
RESOLUTION SUPPORTING THE SUBMISSION OF AN APPLICATION FOR CRITICAL BRIDGE FUNDING FOR THE WILLOUGHBY ROAD BRIDGE OVER SYCAMORE CREEK IN ALAIEDON TOWNSHIP
RESOLUTION #04-126
WHEREAS, the bridge carrying Willoughby Road over Sycamore Creek is under the jurisdiction of the Ingham County Road Commission; and
WHEREAS, after an inspection, it was determined that the bridge is in poor condition and needs to be replaced; and
WHEREAS, the Road Commission will be applying for federal and state critical bridge funding for replacement of the bridge; and
WHEREAS, to assist the Road Commission in obtaining critical bridge funding, the Road Commission is requesting that the Ingham County Board of Commissioners adopt this resolution supporting their request to apply for federal and state critical funds; and
WHEREAS, this resolution of support will be submitted with the application, which is due at the Michigan Department of Transportation (MDOT) by June 1, 2004; and
WHEREAS, a notification of which bridges receiving funds should be released at the end of this year or around the first of 2005; and
WHEREAS, the Ingham County Road Commission plans to hire an engineering firm to start and design the replacement of the bridge to allow replacement work shortly after receiving notification that the project has received funding.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby supports the submission of an application for federal and state critical bridge funds by the Ingham County Road Commission to replace Willoughby Road Bridge over Sycamore Creek, Sections 7 & 8, located in Alaiedon Township, identified as MDOT Bridge ID 33301H00008B010.
COUNTY SERVICES: Yeas: Swope, Thomas, De Leon, Hertel, Severino
Nays: None Absent: Nevin Approved 4/20/04
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services Committee:
RESOLUTION SUPPORTING THE SUBMISSION OF AN APPLICATION FOR CRITICAL BRIDGE FUNDING FOR THE PINE TREE ROAD BRIDGE OVER SYCAMORE CREEK IN DELHI TOWNSHIP
RESOLUTION #04-127
WHEREAS, the bridge carrying Pine Tree Road Bridge over Sycamore Creek in Delhi Township is under jurisdiction of the Ingham County Road Commission; and
WHEREAS, after an inspection, it was determined that the bridge is in poor condition and needs to be replaced; and
WHEREAS, the Road Commission will be applying for federal and state critical bridge funding for replacement of the bridge; and
WHEREAS, to assist the Road Commission in obtaining critical bridge funding, the Road Commission is requesting that the Ingham County Board of Commissioners adopts this resolution supporting their request to apply for federal
and state critical funds; and
WHEREAS, this resolution of support will be submitted with the application, which is due at the Michigan Department of Transportation (MDOT) by June 1, 2004; and
WHEREAS, a notification of which bridges receiving funds should be released at the end of this year, or around the first of 2005; and
WHEREAS, the Ingham County Road Commission plans to hire an engineering firm to start and design the replacement of the bridge to allow replacement work shortly after receiving notification that the project has received funding.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby supports the submission of an application for federal and state critical bridge funds by the Ingham County Road Commission to replace Pine Tree Road Bridge over Sycamore Creek, Sections 11 & 12, located in Delhi Township, identified as MDOT ID 33304H00026B010.
COUNTY SERVICES: Yeas: Swope, Thomas, De Leon, Hertel, Severino
Nays: None Absent: Nevin Approved 4/20/04
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION TO APPROVE A TAX SHARING AGREEMENT WITH LANSING TOWNSHIP UNDER THE URBAN COOPERATION ACT, TO ENTER INTO A SETTLEMENT AGREEMENT WITH LANSING TOWNSHIP AND THE LANSING TOWNSHIP DOWNTOWN DEVELOPMENT AUTHORITY TO RESOLVE PENDING LITIGATION, AND TO AUTHORIZE THE SIGNING OF DOCUMENTS TO SETTLE PENDING LITIGATION
RESOLUTION #04-128
WHEREAS, on October 7, 2003, Ingham County filed a lawsuit in the Ingham County Circuit Court against the Charter Township of Lansing and the Lansing Township Downtown Development Authority (DDA), Ingham Circuit Court Case No. 03-1823-CZ, challenging the validity of the creation of the Lansing Township DDA, and objecting to the involuntary capture of Ingham County's incremental tax revenues from the Lansing Township DDA district; and
WHEREAS, in Court-ordered facilitative mediation held on January 9, 2004, representatives of the parties discussed the possibility of resolving the litigation by entering into a voluntary tax sharing agreement under the Urban Cooperation Act, MCL 124.501 et seq., to share a certain portion of Ingham County's incremental tax revenues from the development district with Lansing Township for certain defined infrastructure projects; and
WHEREAS, at a special session of the Ingham County Board of Commissioners held on January 20, 2004, the Board passed a motion directing the County Attorney and staff to develop a proposed agreement with Lansing Charter Township, based on principles developed during mediation, and to bring such proposed agreement back to the Board of Commissioners for its consideration in its normal committee process, including any public hearing as may be required; and
WHEREAS, the parties have drafted a proposed Tax Sharing Agreement Under the Urban Cooperation Act, a copy of which is attached as Exhibit 1, as well as a proposed Settlement Agreement to resolve the pending litigation, a copy of which is attached as Exhibit 2; and
WHEREAS, Section 5a(3) of the Urban Cooperation Act, MCL 124.505a(3), requires that the legislative body of each party to a tax sharing agreement must hold at least one public hearing before approval of a tax sharing agreement; and
WHEREAS, Section 5a(4) of the Urban Cooperation Act, MCL 124.505a(4), provides that if within 45 days of the meeting at which a tax sharing agreement is approved by a governmental unit, a petition is signed by a minimum of 8% of the registered electors of that local governmental unit voting in the last general election before the adoption of the agreement, a referendum shall be held in that local governmental unit at the next regularly scheduled election or at a special election held for this purpose; and
WHEREAS, on April 6, 2004, the Lansing Township Board of Trustees adopted a resolution (a) approving the Tax Sharing Agreement Under the Urban Cooperation Act contingent upon the Ingham County Board of Commissioners approving the Tax Sharing Agreement in substantial form, and further contingent upon the lapse of 45 days after approval of the Tax Sharing Agreement by both parties without a petition for referendum being filed, and (b) approving the Settlement Agreement; and
WHEREAS, on April 27, 2004, pursuant to notice duly published and posted, a public hearing was held before the Ingham County Board of Commissioners on the approval of the Tax Sharing Agreement Under the Urban Cooperation Act; and
WHEREAS, the Ingham County Board of Commissioners desires to settle the pending litigation by approval of and entry into the Tax Sharing Agreement Under the Urban Cooperation Act, and the Settlement Agreement, subject to the statutory referendum period.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby approves entry into the Tax Sharing Agreement Under the Urban Cooperation Act, and the Settlement Agreement, attached as Exhibits 1 and 2, respectively, subject to the right of the voters to file a petition for a referendum on the Tax Sharing Agreement within 45 days; and
BE IT FURTHER RESOLVED, that the Chairperson of the Board of Commissioners and the County Clerk are authorized to sign the Tax Sharing Agreement Under the Urban Cooperation Act, and the Settlement Agreement, on behalf of Ingham County, upon review and approval by civil counsel; and
BE IT FURTHER RESOLVED, that upon the entry by all parties into the Tax Sharing Agreement Under the Urban Cooperation Act, and the Settlement Agreement, the County Attorney is authorized to enter into a Stipulation to Dismiss and sign any other necessary documentation to finally resolve the pending litigation.
BE IT FURTHER RESOLVED, that the agreement presented for consideration is approved with modifications in substantial form as the attached.
BE IT FURTHER RESOLVED, that the County Attorney is authorized to negotiate the final language with regards to the modifications.
COUNTY SERVICES: Yeas: Swope, De Leon, Hertel, Severino
Nays: Thomas Absent: Nevin Approved 4/20/04
FINANCE: Yeas: Lynch, Grebner, Dedden, De Leon, Thomas
Nays: Minter Absent: None Approved 4/21/04
TAX SHARING AGREEMENT UNDER THE URBAN COOPERATION ACT
This Tax Sharing Agreement Under the Urban Cooperation Act ("this Agreement") is entered into this day of , 2004, between Ingham County, a Michigan county organized and operating under Const 1963, art 7, §1, and MCL 45.1, et seq., with its principal offices located at Mason, Michigan, and the Charter Township of Lansing ("Lansing Township"), a Michigan charter township organized and operating under the Charter Township Act (Public Act 359 of 1947, as amended; MCL 42.1, et seq.), with its principal offices located at 3209 West Michigan Avenue, Lansing, Michigan.
Recitals
WHEREAS, pursuant to Resolution No. 95-174 (the "Resolution"), Ingham County has an established policy of entering into tax sharing agreements with local governmental entities for specifically defined infrastructure projects which are directly related to economic growth within a development area; and
WHEREAS, consistent with the Resolution and pursuant to the legal authority granted by Section 5a of the Urban Cooperation Act (MCL 124.505a), the parties desire to enter into this Agreement to pursue certain infrastructure projects associated with economic benefit to the citizens of Ingham County, to be accomplished by the capture and sharing of certain Ingham County tax revenues with Lansing Township, and to specify how those tax revenues will be expended by Lansing Township; and
WHEREAS, further, the Urban Cooperation Act (Public Act 7 of 1967, Ex. Sess., as amended; MCL 124.501, et seq.) provides that local governmental units may enter into interlocal agreements, which agreements may provide for a joint exercise of any power, privilege or authority which the local governmental units share in common and which each might exercise separately; and
WHEREAS, the Urban Cooperation Act provides for the sharing between governmental units of revenue derived from the levy of general ad valorem property taxes or specific taxes levied in lieu of general ad valorem property taxes; and
WHEREAS, the parties hereto desire to enter into this Agreement to provide for and to promote the economic development of a certain area of property which is located in Lansing Township, (as more specifically denoted in the development area map, attached and incorporated by reference as Exhibit A), for the benefit of Ingham County, Lansing Township, and the surrounding community.
Terms and Conditions
1. Legal Authority. Lansing Township and Ingham County enter into this Agreement under and pursuant to the legal authority granted by the Urban Cooperation Act.
2. Tax Sharing/Capture. Pursuant to this Agreement, Ingham County agrees to share, and Lansing Township is authorized to capture, certain Ingham County tax revenues as described below:
A. Beginning with the December 1, 2003 tax levy, and annually thereafter, Ingham County shall share with Lansing Township, and Lansing Township shall capture from Ingham County, certain Ingham County tax revenues, specifically, the capture of 80% of the increase from tax year 2002 of Ingham County's general millage tax revenues in the development area as depicted in Exhibit A.
B. Lansing Township shall capture Ingham County tax revenues in a total aggregate amount not to exceed Eleven Million Dollars ($11,000,000) (the "Total Eligible Tax Capture"). Once Lansing Township has captured the Total Eligible Tax Capture, or such lesser amount as provided in subsections (C) through (E) below, Lansing Township shall cease capturing Ingham County tax revenues pursuant to this Agreement.
C. Of the Total Eligible Tax Capture, Lansing Township shall capture and expend Ingham County tax revenues in an amount not to exceed Seven Million Dollars ($7,000,000) for direct costs related to the projects identified in Exhibit B, attached hereto and incorporated herein by reference (the "Project List"). Direct costs related to the projects on the Project List include, but are not limited to, costs for acquisition, engineering, construction, as well as traffic and engineering studies.
D. Of the Total Eligible Tax Capture, Lansing Township shall capture and expend Ingham County tax revenues in an amount not to exceed Four Million Dollars ($4,000,000) for financing costs related to the projects identified in the Project List, Exhibit B hereto. Financing costs related to the projects on the Project List include, but are not limited to, interest, bond/note counsel, financial advisor, underwriting, ratings, bond insurance, and other related financing and debt issuance costs.
E. In the event that the actual total direct costs related to the projects on the Project List, Exhibit B hereto, amounts to less than Fifteen Million Six Hundred Fifty Thousand Dollars ($15,650,000), the capture of the Seven Million Dollars ($7,000,000) in direct costs from Ingham County shall be reduced by a proportionate amount, and the capture of the projected Four Million Dollars ($4,000,000) in financing costs from Ingham County shall also be reduced by a proportionate amount. Once Lansing Township has captured from Ingham County an amount equal to the Total Eligible Tax Capture, or such lesser amount due to reductions related to actual direct and financing costs for the projects on the Project List, Lansing Township shall cease capturing Ingham County tax revenues pursuant to this Agreement.
F. General millage tax revenues captured by Lansing Township from Ingham County's December 1, 2003 tax levy shall count towards the Total Eligible Tax Capture and the tax capture limits for direct and financing costs for the projects on the Project List, Exhibit B hereto, as described in subsections (C) and (D), above. Any tax revenues captured by Lansing Township in excess of those agreed upon in this Agreement shall be refunded to Ingham County, with interest.
G. Except as provided in this Agreement, Lansing Township shall not capture Ingham County tax revenues, including but not limited to taxes captured on behalf of the Lansing Township DDA, or any successor downtown development authority.
3. Capture of Township Taxes. This Agreement is contingent upon Lansing Township
capturing, for each of the years that it captures Ingham County tax revenues pursuant to this Agreement, 80% of the increase from tax year 2002 of the Township's general millage tax revenues in the development area as depicted on Exhibit A, for direct and financing costs for the projects listed on the Project List, Exhibit B hereto, as well as other projects to be undertaken by Lansing Township in the development area.
4. Financing. In the event that Lansing Township chooses to finance the acquisition and/or construction of any of the projects identified in the Project List, Exhibit B hereto, it shall exercise reasonable prudence in obtaining and determining the terms of such financing.
5. Progress Reports. On or before January 15, 2005, Lansing Township shall provide to Ingham County a detailed Project List (the "Detailed Project List"). The Detailed Project List shall include a description of each of the projects identified in the original Project List which is attached hereto as Exhibit B. The Detailed Project List shall include a timetable for the commencement and completion of the projects, the anticipated cost, and the proposed method of financing for each of the projects, including the expenditure of captured Ingham County tax revenues for each of the listed projects. The Detailed Project List, unless objected to by Ingham County, shall replace the original Project List, Exhibit B hereto. Ingham County, through its County Controller, shall have until March 1, 2005 to make reasonable objections to the Detailed Project List as being inconsistent with the intent of Ingham County to support infrastructure development as envisioned in the original Project List. Lansing Township may undertake, or make progress towards the completion of, any project on the original Project List, Exhibit B hereto, or to projects on the Detailed Project List that are not the subject of an objection made by the Ingham Controller pursuant to this section.
Beginning January 15, 2005, Lansing Township shall annually issue a report to Ingham County, which report shall describe the capture and expenditure of Ingham County tax revenues, and the progress made towards the construction and completion of the projects identified in the Project List, Exhibit B hereto and the Detailed Project List. Lansing Township shall provide Ingham County with such an annual progress report by no later than January 15 of each year, until one (1) year after Lansing Township ceases the capture of Ingham County tax revenues pursuant to this Agreement. Failure of Lansing Township to proceed in a timely manner with construction of the projects as stated in the timetables may be considered a material breach of this Agreement.
6. Changes to Project List. Nothing in this agreement shall prevent Ingham County and Lansing Township from mutually agreeing to alter the original Project List or the Detailed Project List by adding or deleting projects described in the Project List or the Detailed Project List. Lansing Township shall notify Ingham County of its intent to amend the Project List or the Detailed Project List by adding or deleting specific projects, or increasing the share of captured County funds for a particular project by 10% or more. Ingham County shall have sixty (60) days from official written receipt of such notice of intent to notify Lansing Township that it objects to the proposed change as being inconsistent with the intent of Ingham County to support development within the development area. If no such objection is made, the Project List or the Detailed Project List shall be amended in the manner proposed by Lansing Township. If Ingham County's objections are not resolved, the Project List or the Detailed Project List is not amended.
7. Tax Capture. Lansing Township shall capture Ingham County tax revenues so that it only captures tax revenues resulting from Ingham County's "levy of general ad valorem property taxes or specific taxes levied in lieu of general ad valorem property taxes," as provided in Section 5a of the Urban Cooperation Act (MCL 125.505a). Lansing Township shall not capture Ingham County tax revenues under the terms of the Lansing Township Development and Tax Increment Financing Plan, adopted on May 20, 2003 ("the Plan") either now or at any future time. Lansing Township shall not amend or revise the Plan to provide for the capture of Ingham County tax revenues, nor shall Lansing Township adopt a new plan that in any way provides for the capture of Ingham County tax revenues. The terms of this Agreement shall supersede the provisions in the Plan, or any amendments or successors thereto, with respect to the capture and/or expenditure of Ingham County tax revenues. The Plan shall be null and void as to Ingham County.
8. Administration. Lansing Township may, consistent with this Agreement, capture certain Ingham County tax revenues, expend those tax revenues, obtain financing, and undertake the projects on the Project List, Exhibit B hereto, either itself or through the agency of the Lansing Township DDA or other entity under the oversight of Lansing Township.
9. Public Hearing. Pursuant to Section 5a of the Urban Cooperation Act (MCL 124.505a), the Lansing Township Board of Trustees conducted a public hearing regarding the sharing of tax revenues pursuant to this Agreement on April 6, 2004. Also, pursuant to Section 5a of the Urban Cooperation Act (MCL 124.505a), the Ingham County Board of Commissioners conducted a public hearing regarding the sharing of tax revenues pursuant to this Agreement on April 27, 2004. Notice of said public hearings was given by the respective parties pursuant to the Open Meetings Act (Public Act 267 of 1976; MCL 15.261, et seq.).
10. Binding Effect. This Agreement shall bind the parties hereto, their legislative bodies, officials, employees, agents, and any of their successors and assigns. The parties' approval of, and entry into, this Agreement is subject to the right of referendum as provided in Section 5a(4) of the Urban Cooperation Act, MCL 124.505a(4).
11. Filing. A certified copy of this Agreement, along with certified copies of the enabling Resolutions, shall be promptly filed by representatives of the parties with the Ingham County Clerk and the Michigan Secretary of State, Office of the Great Seal, after the Agreement has been fully executed.
12. Notices. All notices, requests and approvals under this Agreement shall be sufficiently delivered if sent by certified mail to the following addresses of the parties, or such other address as may be designated from time to time in writing to the other party.
Ingham County: Ingham County
Attn: County Controller
P.O. Box 179
Mason, Michigan 48854
Lansing Township: Charter Township of Lansing
Attn: Township Supervisor
3209 West Michigan Avenue
Lansing, Michigan 48917
13. Default.
concerns regarding the administration of this Agreement, proposed changes to the Project List or the Detailed Project List, or the expenditure of captured Ingham County tax revenues, representatives of Ingham County and Lansing Township shall attempt to address them informally and in a timely manner. In the event that these attempts are unsuccessful, the Chair of the Ingham County Board shall notify the Lansing Township Supervisor in writing, or the Lansing Township Supervisor shall notify the Chair of the Ingham County Board in writing, of the concerns. Upon receipt of such communication, the Chair of the Ingham County Board shall contact the Lansing Township Supervisor, or the Lansing Township Supervisor shall contact the Chair of the Ingham County Board to schedule a meeting to address the concerns. If the parties fail to resolve the dispute following the meeting, or if no resolution is achieved within thirty (30) days following receipt of the above-referenced communication, the parties shall select an individual who is mutually agreeable to the parties, to mediate the dispute. If either party is dissatisfied with the resolution of the dispute by the mediator, or if the dispute is not resolved within sixty (60) days after the parties agree to a mediator, the parties may agree to submit this matter to binding arbitration with the American Arbitration Association ("AAA"), pursuant to the AAA's commercial rules, for resolution of the dispute. The parties retain the ability to seek legal and equitable remedies as otherwise set forth in this Agreement.
15. Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Michigan.
16. Entire Agreement. This Agreement constitutes the entire agreement of the parties and may be modified only in a writing signed by the parties. Additionally, this Agreement supersedes any prior agreements, written or oral, and constitutes the sole obligations of the parties to one another with regard to the subject matter hereof.
17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.
18. Severability. The provisions of this Agreement are severable, and if any part of this Agreement is found to be void or inoperative, the other paragraphs, or portions thereof, shall remain fully valid and enforceable.
19. Term. This Agreement shall take effect on its effective date, defined below, and shall terminate one (1) year after Lansing Township ceases the capture of Ingham County tax revenues pursuant to this Agreement.
20. Effective Date. This Agreement shall take effect on the date the Agreement is filed with the Ingham County Clerk and the Michigan Secretary of State, Office of the Great Seal.
21. Acknowledgment. The parties, by their signatures, acknowledge that they have read and understand this Agreement and have received the advice of counsel before executing same.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written by authority of their respective boards.
INGHAM COUNTY
Dated: ____________, 2004 _______________________________
By: Victor Celentino
Its: Chairperson, County Board of Commissioners
Dated: ____________, 2004 ________________________________
By: Mike Bryanton
Its: County Clerk
STATE OF MICHIGAN )
COUNTY OF INGHAM )
On this ______ day of ____________, 2004, before me personally appeared Victor Celentino, Chairperson of the Ingham County Board of Commissioners, and Mike Bryanton, Ingham County Clerk, to me known to be the individuals described in and who executed the foregoing instrument on behalf of Ingham County and acknowledged the same as their own free act and deed.
___________________________________
_______________________, Notary Public
Ingham County, Michigan
Acting in Ingham County, Michigan
My Commission Expires:_________________
CHARTER TOWNSHIP OF LANSING
Dated: ____________, 2004 _______________________________
By: John Daher
Its: Supervisor
Dated: ____________, 2004 ________________________________
By: Susan L. Aten
Its: Clerk
STATE OF MICHIGAN )
COUNTY OF INGHAM )
On this ______ day of ____________, 2004, before me personally appeared John Daher, Supervisor, and Susan L. Aten, Clerk, to me known to be the individuals described in and who executed the foregoing instrument on behalf of the Charter Township of Lansing and acknowledged the same as their own free act and deed.
___________________________________
_______________________, Notary Public
Ingham County, Michigan
Acting in Ingham County, Michigan
My Commission Expires:_________________
EXHIBIT B
Projects Description Estimated Cost
Complete Wood Road Sewer Extend sanitary sewer from $ 300,000.
Sam's Way north to County line.
Road at abandoned Rail Road Study the feasibility of and construct a $ 500,000.
road within the abandoned rail road
right-of-way from Wood Road to
Coleman or Coolidge Road.
Footbridge/SPUI Study the feasibility of and construct $3,500,000.
a redesigned interchange at Lake Lansing Road and
US-127 that allows for increased motor vehicle and
pedestrian circulation while acting as a gateway
into the Development Area.
Storm Drains Promote the development of property by installing, $4,000,000.
extending, expanding or subsidizing storm drains in
coordination with the Ingham County Drain Commission.
Parking Mitigation Development of vertical or other parking within the $2,500,000.
Development Area to allow higher density uses and
increases to the tax base.
Sidewalks Construct sidewalks along all roads within the $ 250,000.
Development Area.
Lighting Install street and sidewalk lighting along roads and $ 600,000.
within parking areas.
Bury Overhead Electric Work with the Board of Water and Light and Consumer's $4,000,000.
Energy to bury overhead electric within the Development
Area, and subsequently landscape and provide amenities
within the Area. TOTAL = $15,650,000.
SETTLEMENT AGREEMENT
This Settlement Agreement (this "Agreement") is entered into this __ day of __________, 2004, by and among: Ingham County, a Michigan county organized and operating under Const 1963, art 7, §1, and MCL 45.1, et seq., with its principal offices located at County Courthouse, Mason, Michigan, and the Charter Township of Lansing ("Lansing Township"), a Michigan charter township organized and operating under the Charter Township Act (Public Act 359 of 1947, as amended; MCL 42.1, et seq.), with its principal offices located at 3209 West Michigan Avenue, Lansing, Michigan; and the Lansing Township Downtown Development Authority (the "Lansing Township DDA"), a Michigan downtown development authority organized and operating under the Downtown Development Authority Act (Public Act 197 of 1975, as amended; MCL 125.1651, et seq.) (the "DDA Act"), with its principal offices located at 3209 West Michigan Avenue, Lansing, Michigan.
Recitals
WHEREAS, in 1983, Lansing Township created and established the Lansing Township DDA pursuant to the DDA Act; and
WHEREAS, in 2003, Lansing Township and the Lansing Township DDA approved and adopted a Development and Tax Increment Financing Plan ("the Plan") to provide for the projects and activities to be undertaken by the Lansing Township DDA and the method of financing those projects and activities; and
WHEREAS, the Plan authorizes Lansing Township to capture, on behalf of the Lansing Township DDA, certain tax revenues from certain taxing jurisdictions (including Ingham County) to finance the projects and activities of the Lansing Township DDA; and
WHEREAS, Ingham County, as a result of the adoption of the Plan and Lansing Township's initiating a tax capture of certain Ingham County tax revenues in 2003, filed a lawsuit against Lansing Township and the Lansing Township DDA in the Ingham County Circuit Court, which lawsuit is entitled "Ingham County v Lansing Township Downtown Development Authority, and Charter Township of Lansing" (Ingham County Circuit Court No. 03-1823-CZ; Hon. Paula J.M. Manderfield), (the "Lawsuit"), seeking to enjoin the capture of its tax revenues by Lansing Township and a court order finding the Lansing Township DDA invalid; and
WHEREAS, on December 2, 2003, the Ingham County Circuit Court entered a Preliminary Injunctive Order which enjoined Lansing Township and the Lansing Township DDA from capturing Ingham County's incremental ad valorem property taxes from the Lansing Township DDA district, and by which Ingham County's incremental ad valorem property taxes that had already been captured from the Lansing Township DDA district in the December 1, 2003 tax levy would be held in a separate interest bearing account without disbursal until further order of the Court; and
WHEREAS, pursuant to the legal authority granted by Section 5a of the Urban Cooperation Act (MCL 124.505a), Ingham County and Lansing Township have voluntarily agreed to enter into a Tax Sharing Agreement to address the capture and sharing of certain Ingham County tax revenues with Lansing Township, and to specify how those tax revenues will be expended by Lansing Township; and
WHEREAS, the parties hereto wish to resolve their disputes in a mutually satisfactory and beneficial manner, and therefore voluntarily execute this Agreement with the express intention of settling, compromising, and extinguishing all claims, counterclaims, demands and causes of action which have been our could have been asserted by the parties in the above-referenced Lawsuit, as well as all causes of action and liability relating to the Lansing Township DDA and Lansing Township's capture of Ingham County tax revenues on behalf of the Lansing Township DDA; and
WHEREAS, Lansing Township, the Lansing Township DDA, and Ingham County agree that they have entered into this Agreement for the purpose of resolving their disputes and not for the purpose of admitting liability by any party.
Terms and Conditions
1. Tax Sharing/Capture. Lansing Township and Ingham County have each voluntarily agreed to enter into a separate Tax Sharing Agreement Under the Urban Cooperation Act ("Tax Sharing Agreement"), by which Lansing Township shall capture Ingham County tax revenues and expend those tax revenues on certain specified infrastructure projects. Neither Lansing Township nor the Lansing Township DDA shall capture Ingham County tax revenues under the terms of the Lansing Township Development and Tax Increment Financing Plan, adopted on May 20, 2003 ("the Plan"), either now or at any future time. Lansing Township and/or the Lansing Township DDA shall not amend or revise the Plan to provide for the capture of Ingham County tax revenues, nor shall Lansing Township and/or the Lansing Township DDA adopt a new plan that in any way provides for the capture of Ingham County tax revenues. The terms of this Agreement shall supersede the provisions in the Plan, or any amendments or successors thereto, with respect to the capture and/or expenditure of Ingham County tax revenues. The Plan shall be null and void as to Ingham County.
2. Settlement and Release. The parties agree for themselves, their representatives, predecessors, agents, successors and assigns, to hereby fully release, waive and forever discharge each other, their representatives, boards, employees, agents, individual board members, individual directors, both past and present in their individual and official capacities, from any and all claims, causes of actions, suits, damages, losses, contracts, agreements, promises, attorney fees, interest payments and expenses, liabilities, and demands in law and equity, from any action or claim which has or may have arisen from: (a) Lansing Township's creation and establishment of the Lansing Township DDA; (b) Lansing Township's and the Lansing Township DDA's approval and adoption of the Plan; (c) Lansing Township's capture of Ingham County tax revenues on behalf of the Lansing Township DDA; (d) Lansing Township's and/or the Lansing Township DDA's expenditure of Ingham County tax revenues; and (e) the Lawsuit.
The parties further agree that, upon the execution of the Tax Sharing Agreement and this Agreement, their legal counsel or other authorized representatives shall execute a stipulation to dismiss the Lawsuit, with prejudice and without costs to any party. The stipulation to dismiss the Lawsuit shall include a provision by which the December 2, 2003 Preliminary Injunctive Order shall be dissolved, and that any of Ingham County's incremental tax revenues that have already been captured in excess of the tax capture agreed upon in the Tax Sharing Agreement shall be refunded to Ingham County, with interest.
3. Acknowledgment. The parties, by their signatures, acknowledge that they have read and understand this Agreement and have received the advice of counsel before executing same.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written by authority of their respective boards.
INGHAM COUNTY
Dated: ____________, 2004 _______________________________
By: Victor Celentino
Its: Chairperson, County Board of Commissioners
Dated: ____________, 2004 ________________________________
By: Mike Bryanton
Its: County Clerk
STATE OF MICHIGAN )
COUNTY OF INGHAM )
On this ______ day of ____________, 2004, before me personally appeared Victor Celentino, Chairperson of the Ingham County Board of Commissioners, and Mike Bryanton, Ingham County Clerk, to me known to be the individuals described in and who executed the foregoing instrument on behalf of Ingham County and acknowledged the same as their own free act and deed.
___________________________________
_______________________, Notary Public
Ingham County, Michigan
Acting in Ingham County, Michigan
My Commission Expires:_________________
CHARTER TOWNSHIP OF LANSING
Dated: ____________, 2004 _______________________________
By: John Daher
Its: Supervisor
Dated: ____________, 2004 ________________________________
By: Susan L. Aten
Its: Clerk
STATE OF MICHIGAN )
COUNTY OF INGHAM )
On this ______ day of ____________, 2004, before me personally appeared John Daher, Supervisor, and Susan L. Aten, Clerk, to me known to be the individuals described in and who executed the foregoing instrument on behalf of the Charter Township of Lansing and acknowledged the same as their own free act and deed.
___________________________________
_______________________, Notary Public
Ingham County, Michigan
Acting in Ingham County, Michigan
My Commission Expires:_________________
LANSING TOWNSHIP DOWNTOWN
DEVELOPMENT AUTHORITY
Dated: ____________, 2004 _______________________________
By: ________________
Its: __________
Dated: ____________, 2004 ________________________________
By: ________________
Its: __________
STATE OF MICHIGAN )
COUNTY OF INGHAM )
On this ______ day of ____________, 2004, before me personally appeared ______________, __________, and ________________, ___________, to me known to be the individuals described in and who executed the foregoing instrument on behalf of the Lansing Township Downtown Development Authority and acknowledged the same as their own free act and deed.
___________________________________
_______________________, Notary Public
Ingham County, Michigan
Acting in Ingham County, Michigan
My Commission Expires:_________________
Moved by Commissioner Swope, supported by Commissioner Schafer to adopt the resolution. Moved by Commissioner Grebner, supported by Commissioner Minter to amend Exhibit B, as follows: under the description for the Project labeled Footbridge/SPUI, add the following language: "into the Development Area, provided that letters of support must be obtained from the City of Lansing and City of East Lansing before any captured county funds are spent for the construction unless this requirement is waived by resolution of the Board of Commissioners."
Motion to amend failed, with Commissioners Dedden, De Leon, Lynch, Schafer, Severino, Stid, Swope, Weatherwax-Grant and Celentino voting no and all others voting yes on a roll call vote.
The motion to adopt the resolution carried, with Commissioner Schor voting no and all others voting yes on a roll call vote.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION AUTHORIZING AWARD OF PROPOSAL AND ENTERING INTO A CONTRACT FOR BLACKTOP AT THE INGHAM COUNTY FAIRGROUNDS
RESOLUTION #04-129
WHEREAS, the Ingham County Fairgrounds is in need of blacktop; and
WHEREAS, $78,545.00 is budgeted in the 2004 Capital Improvements Budget for surfacing; and
WHEREAS, proposals were solicited and evaluated by the Ingham County Purchasing Department, and it is their recommendation with concurrence of the Ingham County Fair Board and Manager to award a contract to Quinn Excavating & Paving, Inc. the firm submitting the lowest, responsive proposal.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby approves the award of proposal and authorizes entering into a contract with Quinn Excavating & Paving, Inc. for the blacktop at the Ingham County Fairgrounds in the amount not to exceed $38,681.00 which also reflects prevailing wage.
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 authorized to sign the same.
COUNTY SERVICES: Yeas: Swope, Thomas, De Leon, Hertel, Severino
Nays: None Absent: Nevin Approved 4/20/04
FINANCE: Yeas: Lynch, Grebner, Dedden, Thomas, Minter
Nays: None Absent: De Leon Approved 4/21/04
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services Committee:
RESOLUTION DECLARING MAY 10-16, 2004
"UNINSURED WEEK" IN INGHAM COUNTY
RESOLUTION #04-130
WHEREAS, more than 40 million Americans are without health insurance at any point in time; and
WHEREAS, more than 75 million Americans are without health insurance at some point during the year; and
WHEREAS, research has shown that those without health insurance avoid or delay necessary health care, leading to more severe health problems, higher cost and much human suffering; and
WHEREAS, the Ingham County Board of Commissioners has established a policy priority to assure that all Ingham County residents have access to an organized system of health care; and
WHEREAS, the Ingham County Board of Commissioners has supported the work of the Capital Area Health Alliance "Access to Healthcare Committee" and has adopted the Action Plan for an Organized System of Care in the Capital Area; and
WHEREAS, the Ingham County Board of Commissioners has supported the development of the Ingham Health Plan Corporation and the resulting health plan coverage for 15,000 uninsured Ingham County residents; and
WHEREAS, the Ingham County Board of Commissioners continues to support work, by the Health Department, by the Capital Area Health Alliance, by the Ingham Health Plan Corporation, and others to provide health care coverage to the remaining uninsured; and
WHEREAS, the Board of Commissioners is pleased to support the initiation this spring of the Ingham Advantage; and
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners declares the week of May 10-16, 2004 as "Uninsured Week" in Ingham County and joins with people and organizations across the nation to encourage state legislatures and Congress to develop and support programs and funding that will assure health care coverage for all Americans.
HUMAN SERVICES: Yeas: Hertel, Dedden Weatherwax-Grant, Schor
Nays: None Absent: Nevin, Severino Approved 4/19/04
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services Committee:
RESOLUTION TO ESTABLISH A LEAD TASK FORCE
RESOLUTION #04-131
WHEREAS, medical research has shown that lead is a highly toxic metal that may cause a range of adverse health effects, from behavioral problems and learning disabilities, to seizures and death; and
WHEREAS, lead poisoning is one of the most common environmental child health problems in the United States and is also harmful to adults; and
WHEREAS, some county departments including the Health Department and Ingham County Cooperative Extension do carry out certain activities intended to minimize human exposure to lead; and
WHEREAS, citizens and members of the Ingham County Board of Commissioners have expressed concern about the potential health impacts of lead exposure on county residents.
THEREFORE BE IT RESOLVED, that a community-based Lead Task Force shall be established with representatives from the following organizations and county departments:
Ingham County Medical Examiner's Office
Board of Water and Light
City of Lansing, Planning & Neighborhood Development
Ingham County Health Department, Disease Control Bureau
Ingham County Health Department, Environmental Health Bureau
Michigan Department of Community Health
Tri-County Regional Planning Commission
Ingham County Cooperative Extension
County Commissioners
Pediatrician working within Ingham County
Nurse Practitioner working in Ingham County
Certified Lead Risk Assessor
Community Health Center Board member
Three Community Representatives including membership from within this group:
- Parent of lead infected child in Ingham County
- Owner of Rental Housing Representative
- Resident of a identified lead contaminated home
Any other organization deemed necessary by the Board of Commissioners
BE IT FURTHER RESOLVED, that the Ingham County Health Department, Disease Control Bureau will be responsible for providing administrative support to the Lead Task Force.
BE IT FURTHER RESOLVED, that the Lead Task Force shall be charged with the following tasks:
2. To review current efforts that are carried out by county departments and other public organizations throughout the county that are aimed at reducing lead exposure.
3. To issue a report for review and consideration by the Ingham County Board of
Commissioners that includes:
a. An assessment of the level and sources of lead poisoning in Ingham County.
b. Recommendations on how to address the major sources of contamination,
how to improve the public health response and procedures for abatement
including activities to enhance public awareness.
c. Identification of potential sources of private state and federal grant dollars
to support the implementation of report recommendations
BE IT FURTHER RESOLVED, that the Lead Task Force shall issue its findings and recommendations to the Ingham County Board of Commissioners on or before March 2005.
HUMAN SERVICES: Yeas: Hertel, Dedden Weatherwax-Grant, Schor
Nays: None Absent: Nevin, Severino Approved 4/19/04
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services, County Services and Finance Committees:
RESOLUTION TO AMEND THE PLAN OF ORGANIZATION AND AUTHORIZE A REORGANIZATION IN THE HEALTH DEPARTMENT
RESOLUTION #04-132
WHEREAS, the Board of Commissioners establishes the Plan of Organization for the Health Department; and
WHEREAS, Bruce P. Miller has recently retired as Deputy Director-Health Services; and
WHEREAS, the Health Officer has reviewed the structure of the Department and has proposed a number of changes in reporting relationships and job functions; and
WHEREAS, the proposed new jobs have been evaluated by the Human Resources Department, which has made the recommendations that are contained in this resolution; and
WHEREAS, the Health Officer has recommended that the Board of Commissioners authorize the proposed reorganization and the resulting changes in job titles and classifications.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby amends the Ingham County Health Department Plan of Organization, effective May 1, 2004, as attached.
BE IT FURTHER RESOLVED, the Board of Commissioners authorizes the following changes in job titles and classification/salary grades, effective May 1, 2004:
Position/Employee Current Grade Proposed Grade Title
HLHCAN001/Peterson MCF13 MCF14 (+1) No Change
HLHADM003/Miller MCF16 MCF14 (-2) Community Health Services / Primary Care Director
HLHADM018/Dalton* PRO10 MCF11 Administrative Information
*Red-lined as Systems Analyst Unit Coordinator
HLHCAN011/Welter(1) PRO08 PRO09 (+1) Membership Services Coordinator
HLHCAN007/Jennings PRO08 PRO09 (+1) Prevention Programs Coordinator.
HLHADM032/Wilson PRO05 PRO06 (+1) Provider Relations Coordinator
HLHADM030/Krul PRO05 PRO06 (+1) Claims Management Coordinator
HLHADM022/Jenkins PRO05 No Change No Change
HLHADM026/Diepenhorst NURS4 No Change No Change
HLHCAN006/Gallt UAW/E UAW/F (+1) Membership Data Coordinator
(1) This position is still under review by the Human Resources Department. A recommendation will be made at the County Service Committee meeting.
HUMAN SERVICES: Yeas: Hertel, Dedden Weatherwax-Grant, Schor
Nays: None Absent: Nevin, Severino Approved 4/19/04
COUNTY SERVICES: Yeas: Swope, Thomas, De Leon, Hertel, Severino
Nays: None Absent: Nevin Approved 4/20/04
FINANCE: Yeas: Lynch, Grebner, Dedden, Thomas, Minter
Nays: None Absent: De Leon Approved 4/21/04
PLAN OF ORGANIZATION
INGHAM COUNTY HEALTH DEPARTMENT
05/01/04
The Ingham County Health Department exists as a unit of Ingham County government. The Department is one of many departments/offices/units which operate under the direction of the Ingham County Board of Commissioners. There are sixteen Ingham County Commissioners who are elected for two year terms. The Board of Commissioners appoints the Health Officer to serve as the Director of the Health Department and establishes through its annual budget process the personnel and other resources available to the Health Department to carry out it statutory mission and any other duties assigned by the Board of Commissioners.
The Board of Commissioners has established a number of administrative policies/procedures and rules for the operation of all county departments. These include the operation of the personnel functions and the financial management functions (budgeting, general ledger, purchasing, etc.). These functions are overseen by the County Controller, who is appointed by the Board of Commissioners as the County's chief administrative officer. The Health Department is bound by these policies/procedures and rules and utilizes the resources of the Controller's Office to implement all such functions ( that is, Human Resources Department, Financial Services Department, Purchasing Department, Budget Office and MIS Department, etc.).
Through its administrative processes, the Board of Commissioners negotiates agreements with several collective bargaining units and establishes a compensation plan for managers and confidential employees. Through these mechanisms, the job titles, classifications, wages and other terms of employment are established for all positions in the Health Department. The Board of Commissioners charges the Controller, and through him, the Human Resources Director with the responsibility of implementing the collective bargaining agreements and the managerial compensation plan. The Health Officer utilizes these documents to employ and direct the staff of the Health Department.
The Board of Commissioners appoints the Ingham County Board of Health. The Board of Health serves as an advisory body, assisting the Health Department staff and the Board of Commissioners.
The Board of Commissioners appoints the Ingham Community Health Center Board. The Community Health Center Board oversees the operation of the network of community health centers operated by the Health Department.
Board of Commissioners/Board of Health/Community Health Center Board/Administrative Staff - 2004
Ingham County Board of Commissioners
Victor Celentino, Chairperson
Debbie De Leon, Vice-Chairperson
Randy Schafer, Vice-Chairperson Pro Tem
Victor Celentino District No. 1 Curtis Hertel, Jr. District No. 9
Debbie De Leon District No. 2 Mark Grebner District No. 10
Tina Weatherwax-Grant District No. 3 Dianne Holman District No. 11
Chris Swope District No. 4 Tom Minter District No. 12
Andy Schor District No. 5 Randy Schafer District No. 13
Calvin Lynch District No. 6 John Nevin District No. 14
Lisa Dedden District No. 7 Michael Severino District No. 15
Marc Thomas District No. 8 Mary Stid District No. 16
Human Services Committee (Board of Commissioners)
Curtis Hertel, Jr., ChairpersonLisa Dedden, Tina Weatherwax-Grant, Andy Schor, Michael Severino, John Nevin
George Rowan, ChairpersonMartha Adams, Judy Bukovac, Frank DeRose, Patricia Hepp, Helen Freeman, Guillermo Lopez, Mark Kieselbach, Saturnino Rodriguez, Gordon Spink, M.D., Beth Spyke
Health Department Administrative Staff
Dean Sienko, M.D., M.S., Medical Director
Vacant, Director of Community Health Services
Laura Peterson, Director of Health Plan Management Services
Robert Glandon, Ph.D., Director of Planning and Special Services
F. Robert Godbold, R.S., M.P.A., Director of Environmental Health
John Jacobs, C.P.A., Chief Financial Officer
Judy Williams, B.S.N., M.P.A., Director of Disease Control
Margaret Beall, Debbie Brinson, Andrea Collier, Patricia Farrel, Mahbuba Fidda, Angie Garza, Curtis Hertel, Jr., Lonnie Johnson, Anne Smiley, Robin Turner
Health Department Mandate
The Constitution of the State of Michigan includes the following declaration:"The public health and general welfare of the people of the State are hereby declared to be matters of primary public concern. The Legislature shall pass suitable laws for the protection and promotion of public health."
In 1978, the Public Health Code was passed by the Legislature and signed by the Governor. The "Code" establishes a State/Local system to carry out the responsibility to protect and promote public health.
The Code establishes the Michigan Department of Public Health with the responsibility to:". . .continually and diligently endeavor to prevent disease, prolong life, and promote the public health through organized programs, including prevention and control of environmental health hazards; prevention and control of diseases; prevention and control of health problems of particularly vulnerable population groups; development of health care facilities and health services delivery systems; and regulation of health care facilities and health services delivery systems to the extent provided by law."
The Michigan Department of Public Health is charged in the Public Health Code to:
". . .promote an adequate and appropriate system of local health services throughout the state."The Public Health Code requires every county to provide for a local health department. County Boards of Commissioners are required to organize county or district health departments.
The Public Health Code charges the local health departments with the same basic responsibilities as are given to the State:"A local health department shall continually and diligently endeavor to prevent disease, prolong life and promote the public health through organized programs, including prevention and control of environmental health hazards, prevention and control of disease; prevention and control of health problems of particularly vulnerable population groups; development of health care facilities and health services delivery systems; and regulation of health care facilities and health care delivery systems to the extent provided by law."
The Ingham County Board of Commissioners has responded to this mandate by establishing the Ingham County Health Department as a Department of Ingham County Government. Each year, through the County budget process and through contracts established with the State, the Board of Commissioners determines which programs and services will be established and maintained to respond to the legal requirements to promote and protect the public health of the citizens of Ingham County.
Table of Organization
Organizational Structure
The Health Department (as shown in the Table of Organization) is organized into four service bureaus and the Disease Control Office. These direct service units are supported by the Director's Office and the Financial Services Unit.
Bruce Bragg, M.P.H. has served as Health Officer and Health Department Director since January 1977. He was appointed by the Board of Commissioners and serves at its pleasure. Dean G. Sienko, M.D., M.S. serves as the Health Department Medical Director and is separately appointed by the Board of Commissioners to serve as the Chief Medical Examiner. Dennis Jurczak, M.D., M.P.H. serves as the Deputy Medical Director and Deputy Chief Medical Examiner; Dr. Jurczak is a part-time contractual employee. Sugandha Lowhim, M.D., M.P.H. serves as a Deputy Medical Director; Dr Lowhim is a full-time County employee and serves half-time as a Internal Medicine Physician in the health centers. Geoffrey Linz, M.D. also serves as a Deputy Medical Director. Dr. Linz serves as the Chief of Staff for Ingham Regional Medical Center and supports Ingham County through a contract. Jennifer Dalton, M.S. is the Administrative Information Unit Coordinator.
The position of Director of the Bureau of Community Health Services/Primary Care Director is vacant. The Bureau Community Health Services is the largest of the Health Department units, with an annual budget of about $15 million and approximately 150 employees. The Bureau operates a network of community health centers serving low-income persons who are Medicaid eligible, uninsured or enrolled in the Ingham Health Plan, the Medical Access Plan or another health benefit program coordinated by the Department. The Bureau is the home of a public health nursing unit and a number of public health categorical programs, such as Family Planning, Breast and Cervical Cancer Control Program, Hearing and Vision Screening, etc. The Bureau Director is jointly appointed by the Health Officer and the Community Health Center Board and is responsible for providing staff support to the Community Health Center Board. This unit reports to the Health Officer.
The Bureau of Health Plan Management is directed by Laura Peterson, Ph.D. It operates services to provide outreach to the low-income, at-risk community and to work with this community to find health insurance or health benefit programs to provide coverage. The Bureau serves as staff to the Ingham Health Plan Corporation, the Kent Health Plan Corporation, the Kalamazoo Health Plan Corporation, the Jackson Health Plan Corporation, the Upper Peninsula Medical Access Program, the Barry-Eaton Health Plan Corporation, and serves the Mid-Michigan Health Plan through its participation with the Ingham Health Plan. Overall the Bureau provides the administrative services for health plans that have enrolled more than 28,000 previously uninsured persons into health coverage plans that provide primary care, speciality care physician services, a pharmacy benefit, laboratory services and radiology services. The Bureau also operates the pharmacy programs for Ingham, Eaton, Clinton, Livingston, and Jackson Counties, providing a discounted price for prescription drugs to uninsured persons and those whose health insurance does not provide pharmacy coverage. This unit reports to the Health Officer.
The Bureau of Planning and Special Services is directed by Bob Glandon, Ph.D. This Bureau operates the Community Health Assessment and the Health Promotion units which provide support to all of the programs and services of the Department, and to the categorical programs of Office for Young Children, Food Bank and W.I.C. Much of the effort of this Bureau is directed at engaging the community in learning experiences about the status of health and the causes of disease and disability with an outcome of community planning to improve health status. This Bureau represents the Department's effort to extend beyond direct services and to engage the entire community in learning, strategy development and actions to improve the quality of life. This unit reports to the Health Officer.
The Bureau of Environmental Health directs the Department 's programs to prevent and control environmental hazards. The Bureau is managed by Bob Godbold, M.P.A. The Bureau operates three program area: Planned Programs (which includes the food service sanitation program), Demand Program (including the water supply services and on-site sewage programs) and the Special Projects unit which includes the planning for solid waste management, environmental toxicology, lead and radon services. This unit reports directly to the Medical Director.
The Disease Control Office is managed by Judy Williams, BSN, M.P.H.. Ms. Williams reports directly to Dean Sienko, M.D., Medical Director. The Office includes a Communicable Disease Unit and the Immunization Program, which is composed of the Immunization Clinic and also efforts to coordinate community resources and provide outreach to assure high levels of immunization for vaccine preventable diseases. This unit reports directly to the Medical Director.
The Public Health Preparedness Unit was created to provide leadership within the Department and coordination with emergency management and medical care preparedness in the community. Sue McIntosh, M.S., R.S. is the Emergency Preparedness Coordinator. This unit reports directly to the Medical Director.
The Financial Services Unit is managed by John Jacobs, C.P.A. This unit is responsible for operating the financial aspects of the Health Department within the guidance of the County policies/procedures and rules and consistent with contractual grant requirements. The Unit provides Department managers with financial reports necessary to efficiently operate the Department. The Unit also coordinates the internal telephone and computer system support, maintaining liaison with the County MIS Department. This unit reports to the Health Officer.
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services, County Services and Finance Committees:
RESOLUTION TO TRANSFER FUNDS TO TEMPORARILY EXPAND DENTAL ACCESS TO DEAL WITH EMERGENCY NEEDS
RESOLUTION #04-133
WHEREAS, Ingham County has provided dental services to low income, uninsured persons since the early 1970's, to address critical needs; and
WHEREAS, no other public dental service is available for uninsured adults, including adults with Medicaid; and
WHEREAS, currently only persons with dental emergencies can be seen within a few days, and regular appointments with dentists and dental hygienists are being scheduled in June and July; and
WHEREAS, many people have simply given up seeking dental care and rely only on emergency rooms to address dental infections and dental pain; and
WHEREAS, a temporary expansion of dental services through the Adult Dental Clinic is feasible.
WHEREAS, the damage to public welfare of untreated oral infections and related conditions is greatly disproportionate to the cost of expanding the hours of operation.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes the transfer of $25,000 from the 2004 Continge