Board of Commissioner Rooms – Courthouse
Mason – 7:30 p.m.
August 23, 2005
CALL TO ORDER:
The August 23, 2005 meeting of the Ingham County Board of Commissioners was called to order by Chairperson Grebner at 7:30 p.m. Roll was called and all Commissioners were present except Commissioners Dougan, Holman, Schafer and Schor.
PLEDGE OF ALLEGIANCE:
Former Commissioner Alfreda Schmidt led the Board in the Pledge of Allegiance and a few moments of silence were observed for meditation.
APPROVAL OF THE MINUTES:
Moved by Commissioner Swope, supported by Commissioner Dedden to approve the Minutes of the July 26, 2005 meeting, as submitted. Motion carried unanimously. Absent: Commissioners Dougan, Holman, Schafer and Schor.
ADDITIONS TO THE AGENDA:
Commissioner Severino indicated that there would be a substitute for Agenda Item No. 13 – Resolution Honoring the Lansing Area Aids Network on the Event of their 20th Anniversary. This was accepted by the Chair without objection from the body.
Commissioner Severino indicated there would be a substitute for Agenda Item No. 21 – Resolution to Approve Refunding Agreement. This was accepted by the Chair without objection from the body.
Moved by Commissioner Dedden, supported by Commissioner Swope to refer agenda item 22 – Resolution to Amend Resolution No. 05-166 and Amend the Health Department’s Fee Schedule, back to committee for further discussion. This was accepted by the Chair without objection from the body.
PETITIONS AND COMMUNICATIONS:
Mid-South Substance Abuse Commission 2003/2004 Annual Report. Received and placed on file.
Letter from the Ingham County Road Commission regarding the purchase of three used radio units. Referred to the Law Enforcement Committee.
Letter from the Village of Stockbridge regarding continued policing service from Ingham County while the Village is establishing its own department. Referred to the Law Enforcement Committee.
Resolution from Iron County regarding the power of eminent domain as intended in the U.S. Constitution. Received and placed on file.
Letter from the Department of Environmental Quality forwarding the Air Quality Division’s pending new source review application report. Received and placed on file.
Letter from Gateway Community Services regarding the Medical Clinic Patient Transition Program Proposal. Referred to the Human Services Committee.
Resolution from Roscommon County supporting State Revenue Sharing. Received and placed on file.
Ingham County E911 Technical Surcharge Pool Financial Statements December 31, 2004 and 2003. Referred to the Law Enforcement Committee.
Notice of public hearing from the Charter Township of Meridian regarding the proposed Downtown Development Authority. Referred to the Finance Committee.
Notice of public hearing from the City of Lansing regarding request by BRD Printing Inc. for an Industrial Facilities Exemption Certificate for property located at 912 W. St. Joseph Avenue. Referred to the Finance Committee.
Notice of public hearing from the City of Lansing regarding the approval of an obsolete property rehabilitation district for property located at 1127 N. Cedar Street. Referred to the Finance Committee.
Notice of public hearing from the City of Lansing regarding the approval of an obsolete property rehabilitation district for the property located at 1709 Thompson Street. Referred to the Finance Committee.
Letter from Jerry Ambrose to the Chairperson of the Finance Committee, Commissioner Dedden, regarding revised Deficit Elimination Plan. Received and placed on file.
Letter from the State of Michigan, Department of Environmental Quality, regarding a permit application for the Lansing Grand River Assembly Plant. Referred to the County Services Committee.
LIMITED PUBLIC COMMENT:
Paul Pratt, Deputy Drain Commissioner, presented the Board with a letter from Drain Commissioner Patrick Lindemann regarding late resolution submitted by Commissioner Dedden. Questions were addressed by Commissioner Severino the status of outstanding pledges from local jurisdictions.
CONSIDERATION OF CONSENT AGENDA:
Moved by Commissioner Severino, supported by Commissioner De Leon to adopt a consent agenda consisting of all items except 13 and 21. Motion carried unanimously. Absent: Commissioners Dougan, Holman, Schafer and Schor. Items on the consent agenda were adopted by a unanimous roll call vote. Items voted on separately are so noted in the minutes. Absent: Commissioners Dougan, Holman, Schafer and Schor.
COMMITTEE REPORTS AND RESOLUTIONS:
The following resolution was introduced by the County Services Committee:
RESOLUTION HONORING THE LANSING AREA AIDS NETWORK ON THE EVENT OF THEIR 20th ANNIVERSARY
RESOLUTION #05-204
WHEREAS, in 1985, when reliable information about HIV/AIDS and its treatment was nearly impossible to obtain, a small group of concerned community members joined together to start a short-term project; and
WHEREAS, since it's inception in 1985, the Lansing Area AIDS Network (LAAN) has worked to compassionately facilitate direct care services for people living with HIV and AIDS, and provide prevention programs and services; and
WHEREAS, the Lansing Area AIDS Network has struggled against AIDS related stigma, fear, apathy and misunderstanding by providing an earnest approach to HIV/AIDS education and advocacy on behalf of people living with HIV/AIDS; and
WHEREAS, the Lansing Area AIDS Network has provided services to over 800 persons infected with HIV since 1985, and have provided testing and counseling to thousands and have presented education and workshops to tens of thousands;
WHEREAS, the Lansing Area AIDS Network is celebrating its 20th Anniversary.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby honors the Lansing Area AIDS Network on the event of its 20th Anniversary and congratulates the Director Jake Distel and former Director Brenda Stoneburner whose leadership has helped to establish the Lansing Area AIDS Network as a leader in the fight against AIDS in the State of Michigan;
BE IT FURTHER RESOLVED, that the Board appreciates the contributions of Patrick Lombardi, Audrey Matisoff, Ligia Romero-Balcarcel, Kaye McDuffie, Mary Boudrea, Cheryl Gildner, Patricia Howland, Andre Truss, Dave Knechtges, Daniel Kay and others along the way, as well at the hundreds of volunteers whose commitment, dedication, compassion and vision helped to strengthen and focus the Lansing Area AIDS Network, making this an invaluable service for the citizens of Ingham County and the entire Mid-Michigan area.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers
Nays: None Absent: None Approved 8/16/05
Moved by Commissioner Celentino, supported by Commissioner Dedden to adopt the resolution. Motion carried on a unanimous roll call vote. Absent: Commissioners Dougan, Holman, Schafer and Schor.
The following resolution was introduced by the County Services Committee:
RESOLUTION AUTHORIZING RELEASE OF INFORMATION FROM THE COUNTY ATTORNEY REGARDING REMOVAL OF A ROAD COMMISSIONER
RESOLUTION #05-205
WHEREAS, upon the request of the Board Chairperson, the County Attorney provided a letter to the Board of Commissioners dated April 29,2005 which set forth the legal requirements to remove a Road Commissioner pursuant to state law; and
WHEREAS, as a written communication from the County Attorney to his client, the letter is protected from public disclosure; and
WHEREAS, the Board of Commissioners wishes to waive its right to confidentiality with respect to that letter;
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby waives its right to confidentiality with respect to the letter received by the Board of Commissioners from the County Attorney dated April 29, 2005 regarding Removal of a Road Commissioner.
BE IT FURTHER RESOLVED, that the Board of Commissioners directs the County Attorney to prepare, for consideration by the County Services Committee and the Board, a proposed amendment to the Board Rules which establishes a process for the Board to waive its right to confidentiality in future communications if it so desires.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers
Nays: None Absent: None Approved 8/16/05
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services Committee:
RESOLUTION HONORING BERNARD SIMONS
RESOLUTION #05-206
WHEREAS, Bernard Simons grew up just south of Williamston and as a teenager, he was a member of the Ingham County 4-H Club and the Williamston School FFA; and
WHEREAS, he has been a parishioner at St. Mary Church, Williamston, his entire life and has been active with the Knights of Columbus; and
WHEREAS, Bernard served his Country for two years with the United States Army in the 45th Division stationed in Japan and Korea; and
WHEREAS, Bernard has served as a member of the Webberville Village Council and the Webberville Board of Education; and
WHEREAS, he has been an active member of the Webberville Lion's Club for 50 years, and currently serves as a charter member; and
WHEREAS, Bernard owned and operated the Webberville Grain Elevator from the 1950's through the 1960's; and
WHEREAS, in 1966 he started Oak Lane Golf Course as a 9-hole course, expanding it to 18 holes in 1972 and continues to be active in its operation today, in 1977 he added the 2nd 9-holes at El Dorado Golf Course in Mason; and
WHEREAS, Bernard Simon has been named Webberville Citizen of the Year for 2005.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby congratulates Bernard Simon for being selected as Webberville Citizen of the Year for 2005 and extends its sincere appreciation to Bernard for the contributions he has made to the citizens of Ingham County.
BE IT FURTHER RESOLVED, that that Board wishes him continued success in the years to come.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers
Nays: None Absent: None Approved 8/16/05
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services Committee:
RESOLUTION DESIGNATING SEPTEMBER 26, 2005 “FAMILY DAY – A DAY TO EAT DINNER WITH YOUR CHILDREN” IN INGHAM COUNTY
RESOLUTION #05-207
WHEREAS, the use of illegal drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of America's children; and
WHEREAS, surveys conducted by The National Center on Addiction and Substance Abuse (CASA) at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs; and
WHEREAS, teenagers who virtually never eat dinner with their families are 72 percent more likely than the average teenager to use illegal drugs, alcohol and cigarettes; and
WHEREAS, teenagers who almost always eat dinner with their families are 31 percent less likely than the average teenager to use illegal drugs, alcohol and cigarettes; and
WHEREAS, the correlation between family dinners and reduced risk for teen substance abuse are well documented; and
WHEREAS, parental influence is known to be one of the most crucial factors in determining the likelihood of substance abuse by teenagers; and
WHEREAS, family dinners have long constituted a substantial pillar of family life in America.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby designates September 26, 2005 as “Family Day – a Day to Eat Dinner with Your Children” in Ingham County.
BE IT FURTHER RESOLVED, that the Board urges all citizens to recognize and participate in its observance.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers
Nays: None Absent: None Approved 8/16/05
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services Committee:
RESOLUTION MAKING REAPPOINTMENTS TO THE INGHAM COUNTY/ CITY OF LANSING JOINT BUILDING AUTHORITY
RESOLUTION #05-208
WHEREAS, Resolution #98-62 authorized the creation of a Joint Building Authority by the County of Ingham and the City of Lansing; and
WHEREAS, the Joint Building Authority consists of three members, one appointed by the Ingham County Board of Commissioners; one appointed by the Lansing City Council; and one appointed jointly by the Ingham County Board of Commissioners and the Lansing City Council; and
WHEREAS, the appointments to the Joint Building Authority consisted of the Ingham County Controller, the City of Lansing Finance Director, and Mary Lannoye as the joint Ingham County/City of Lansing appointee.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby reappoints County Controller Gerald Ambrose to the Joint Building Authority to a term expiring June 30, 2009.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners hereby reappoints Mary A. Lannoye, 3034 Noble Road, Williamston, Michigan, 48895 as the jointly appointed member to the Joint Building Authority for a term expiring June 30, 2009, contingent upon the approval of the Lansing City Council.
BE IT FURTHER RESOLVED, that the City of Lansing will appoint its representative on the Joint Building Authority.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers
Nays: None Absent: None Approved 8/16/05
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services Committee:
RESOLUTION MAKING AN APPOINTMENT TO THE WOMEN’S COMMISSION
RESOLUTION #05-209
WHEREAS, a vacancy exists on the Ingham County Women’s Commission; and
WHEREAS, the County Services Committee has interviewed those interested in serving on this Commission.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby appoints:
Kimberly Brosky, 1548 Winchell Court, East Lansing, 48823
to serve on the Ingham County Women’s Commission for a term expiring December 31, 2006.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers
Nays: None Absent: None Approved 8/16/05
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR MODERNIZATION FUNDING FOR CARRIAGE LANE APARTMENTS
RESOLUTION #05-210
WHEREAS, the U.S. Department of Housing and Urban Development has advised the Ingham County Housing Commission that it is eligible for $101,099 in modernization funding for fiscal year 2005; and
WHEREAS, the Housing Commission is requesting that the funding be accepted.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes acceptance of the funds from the U.S. Department of Housing and Urban Development in the amount of $101,099.
BE IT FURTHER RESOLVED, that the Board of Commissioners’ Chairperson and the County Clerk are authorized to sign the amendment after review by the County Attorney.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers
Nays: None Absent: None Approved 8/16/05
FINANCE: Yeas: Dedden, Swope, Hertel, Thomas, Dougan
Nays: None Absent: Schor Approved 8/17/05
Adopted as part of the consent agenda.
The following resolution was introduced by the Finance Committee:
RESOLUTION AMENDING THE 2005 BUDGET
RESOLUTION #05-211
WHEREAS, the Board of Commissioners has determined that it is in the best interests of the Ingham County government; its taxpayers, and its residents to maintain sufficient financial reserves to provide for the stable operation of the county government; to assure that the County=s financial obligations will be met; and to assure continuance of a strong credit rating; and
WHEREAS, the Board of Commissioners, through Resolution #02-17 has adopted a Financial Reserve Policy to guide decisions regarding the maintenance of sufficient financial reserves; and
WHEREAS, the Financial Reserve Policy and the status of county reserves is to be reviewed on an annual basis; and
WHEREAS, such a review has been done by the Controller, based on 2004 year end balances, and a report with recommendations has been given to the Finance Committee; and
WHEREAS, the Controller has recommended that certain transfers be made and that a reserve be established to begin the process of recognizing the unfunded liability associated with retiree health care; and
WHEREAS, the Finance Committee is recommending that certain transfers be made and that a reserve be established to begin the process of recognizing the unfunded liability associated with retiree health care.
THEREFORE BE IT RESOLVED, that the 2005 budget be amended to authorize a transfer of $320,000 from the General Fund to the Budget Stabilization Fund in order to maintain the balance at its current level of 14% of the average of the last five years General Fund Budget.
BE IT FURTHER RESOLVED, that the 2005 Budget be amended to authorize a transfer of $290,000 from the General Fund to the Public Improvement Fund in anticipation of future capital improvement needs.
BE IT FURTHER RESOLVED, that $1 million of the General Fund balance be designated for unfunded retiree health insurance liabilities.
BE IT FURTHER RESOLVED, that the Controller is authorized to make the necessary budget adjustments and transfers.
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan
Nays: None Absent: None Approved 8/17/05
Adopted as part of the consent agenda.
The following resolution was introduced by the Finance Committee:
INGHAM COUNTY BOARD OF COMMISSIONERS
At a regular meeting of the Board of Commissioners of the County of Ingham, Michigan, held on the 23rd day of August, 2005, at 7:30 p.m., in Mason, Michigan, there were:
PRESENT: Commissioners Celentino, Copedge, Dedden, De Leon, Hertel, Nolan, Severino, Swope,
Thomas, Vickers, Weatherwax-Grant, Grebner.
ABSENT: Commissioners Dougan, Holman, Schafer and Schor
The following preambles and resolution were offered by Commissioner Dedden and seconded by Commissioner Celentino:
RESOLUTION TO APPROVE REFUNDING AGREEMENT
RESOLUTION #05-212
WHEREAS, the County of Ingham, State of Michigan (the "County") desires that the Ingham County Building Authority take the necessary steps under the provisions of Act 31 and Act 34, to issue the Authority's refunding bonds (the "Refunding Bonds") to refund certain outstanding Ingham County Building Authority and Building Authority Refunding Bonds, Series 1996 (the "1996 Prior Bonds") and 1998 Building Authority and Building Authority Refunding Bonds (the "1998 Prior Bonds") (the 1996 Prior Bonds and the 1998 Prior Bonds, together, the "Prior Bonds"), which bonds were previously issued by the Authority in the original principal amounts of $21,665,000 and $12,700,000, respectively, to acquire, construct, improve, furnish and equip certain facilities within and for the benefit if the County and to refund other outstanding bonds of the Authority; and
WHEREAS, the specific maturities of the Prior Bonds that are to be refunded shall be those maturities which are designated as the Bonds To be Refunded by the Authority; and
WHEREAS, the Authority and the County have negotiated a refunding agreement, providing for such refunding, a draft of which is attached as Appendix I and incorporated in this Resolution by reference (the "Refunding Agreement"), and by the terms of such Refunding Agreement, the County will be obligated to pay the debt service on the Refunding Bonds to the Authority as provided in the Refunding Agreement; and
WHEREAS, the refunding is desirable and necessary to protect and preserve the public health and general welfare by reducing the cost of obligations of the County to pay certain cash rentals (the "Cash Rentals") incurred under the original Contracts of Lease, dated September 15, 1987, January 12, 1990 and March 1, 1995, between the County and the Authority related to the 1996 Prior Bonds (collectively, the "1996 Lease") and under the original Lease Contracts dated February 1, 1998 and April 1, 1998, between the County and the Authority related to the 1998 Prior Bonds (together, the "1998 Lease"); and
WHEREAS, in accordance with the provisions of Act 31, the Authority may issue its Refunding Bonds based upon the requirements set forth in Act 31 and Act 34;
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of Ingham, Michigan, as follows:
1. The Refunding Agreement between the Authority and the County providing for the refunding of the Bonds To Be Refunded as set forth in Exhibit A is approved. The Refunding Bonds shall be issued in an amount not to exceed $12,500,000 and shall mature not later than November 1, 2018.
2. The Chairperson of the Board of Commissioners and the County Clerk are authorized and directed to execute the Refunding Agreement for and on behalf of the County, with such additions to, deletions from or modifications to the Refunding Agreement as the Chairperson and County Clerk, with the advice of Bond Counsel, shall approve, which approval shall be evidenced by their execution of the same.
3. The County ratifies and confirms its covenants in the 1996 Lease and the 1998 Lease to levy ad valorem taxes against all taxable property in the County to the extent necessary to meet the obligations of the County under the 1996 Lease, the 1998 Lease and under the Refunding Agreement, and does further indicate its purpose and intent to make such a levy annually as necessary to meet the County's obligations under the 1996 Lease, the 1998 Lease and the Refunding Agreement, subject to applicable constitutional and statutory restrictions.
4. The County covenants to take all actions within its control necessary to maintain the exclusion of the interest on the Bonds and the Refunding Bonds from adjusted gross income for federal income tax purposes under the Internal Revenue Code of 1986, as amended, including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of bond proceeds, cash rentals and moneys deemed to be bond proceeds.
5. The County Treasurer, the Chairperson of the County Board of Commissioners, the County Clerk and the County Controller, or any one of them, are authorized to take any and all actions as may be necessary and appropriate in connection with the execution and delivery of the Refunding Agreement and the Refunding Bonds and the transactions contemplated therein, including, if necessary, making any filing with the Michigan Department of Treasury.
A ROLL CALL VOTE WAS TAKEN AS FOLLOWS:
YEAS: Commissioners Celentino, Copedge, Dedden, De Leon, Hertel, Nolan, Severino, Swope, Thomas, Vickers, Weatherwax-Grant, Grebner.
NAYS: None
ABSTAINING: None
THE RESOLUTION WAS DECLARED ADOPTED.
STATE OF MICHIGAN )
) SS.
COUNTY OF INGHAM )
The undersigned, being the duly qualified and acting County Clerk of Ingham County, Michigan, certifies that the foregoing is a true and complete copy of a resolution duly adopted by the Ingham County Board of Commissioners, at which meeting a quorum was present and remained throughout and that an original thereof is on file in the records of the County. The undersigned further certifies that the meeting was conducted, and public notice of the meeting was given, pursuant to and in full compliance with Act No. 267, Michigan Public Acts of 1976, as amended, and that minutes were kept and will be or have been made available as required thereby.
____________________________________
Mike Bryanton
Ingham County Clerk
Dated: ___________, 2005
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan
Nays: None Absent: None Approved 8/17/05
Moved by Commissioner Dedden, supported by Commissioner Celentino to adopt the resolution. Motion carried on a unanimous roll call vote. Absent: Commissioner Dougan, Holman, Schafer and Schor.
APPENDIX I
REFUNDING AGREEMENT
THIS REFUNDING AGREEMENT, is made and entered into as of the ___ day of _________, 2005, by and between the INGHAM COUNTY BUILDING AUTHORITY (the "Authority"), a building authority organized and existing under and pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948 (First
Extra Session), as amended ("Act 31"), and the COUNTY OF INGHAM, a County in the State of Michigan (the "County").
WITNESSETH:
WHEREAS, the Authority has been previously established by and pursuant to the provisions of Act 31;
WHEREAS, the Authority and the County did, under Act 31, enter into a certain Contracts of Lease, dated September 15, 1987, January 12, 1990 and March 1, 1995 (collectively, the "1996 Lease"), for the purpose of constructing, acquiring, furnishing, equipping, owning, improving, enlarging, operating and maintaining certain facilities (the "1996 Facilities") within the County and for use by the County;
WHEREAS, the Authority and the County did, under Act 31, enter into certain Lease Contracts, dated February 1, 1998 and April 1, 1998 (together, the "1998 Lease"), for the purpose of constructing, acquiring, furnishing, equipping, owning, improving, enlarging, operating and maintaining certain facilities (the "1998 Facilities" and, together with the 1996 Facilities, the "Facilities") within the County and for use by the County;
WHEREAS, bonds were issued by the Authority in connection with the 1996 Lease, and in connection with a refunding of other outstanding Authority bonds, and the bonds were designated Ingham County Building Authority and Building Authority Refunding Bonds, Series 1996 (the "1996 Prior Bonds") in the original aggregate principal amount of $21,665,000;
WHEREAS, bonds were issued by the Authority in connection with the 1998 Lease, and in connection with a refunding of other outstanding Authority bonds, and the bonds were designated 1998 Building Authority and Building Authority Refunding Bonds (the "1998 Prior Bonds") in the original aggregate principal amount of $12,700,000;
WHEREAS, the County and the Authority have been advised that conditions in the bond market have now improved to the point that the maturities of the Prior Bonds identified in Exhibits A and B to this Agreement (respectively, the "1996 Bonds To Be Refunded" and the "1998 Bonds To Be Refunded" and, together, the "Bonds To Be Refunded") could be refunded at a savings;
WHEREAS, it is the determination and judgment of the County and the Authority that the Bonds To Be Refunded should be refunded to secure for the County interest rate savings and to permit, as a result of such savings, the amortization of costs and operations of the Facilities in a more economical fashion for the benefit of the taxpayers of the County; and
WHEREAS, the execution of this agreement (the "Refunding Agreement") is necessary in order to implement a refunding program;
NOW THEREFORE, in consideration of the premises and the covenants of each other, the parties agree as follows:
1. Approval of Refunding. The County and the Authority approve and confirm the refunding of the Bonds To Be Refunded pursuant to and under the provisions of Act 31 and Act No. 34, Public Acts of Michigan, 2001, as amended ("Act 34"), in the manner provided by and pursuant to this Refunding Agreement.
2. Issuance of Refunding Bonds. The Authority will issue refunding bonds in the total principal amount of $___________ ($___________ for refunding the 1996 Bonds To Be Refunded and $__________ for
refunding the 1998 Bonds To Be Refunded) in order to pay the costs of refunding the Bonds To Be Refunded (the "Refunding Bonds"). All costs of retiring the Bonds To Be Refunded and of issuing the Refunding Bonds, including payment of the principal of and interest on the Bonds To Be Refunded, call premiums, if any, underwriting discount, bond and other printing, administrative, legal expenses, original issue discount, credit enhancement costs, rating fees, trustee, paying agent/registrar and escrow agent fees and all related expenses shall be paid from the proceeds of the sale of the Refunding Bonds or from cash amounts to be made available to pay such costs.
3. Actions by County and Authority. To carry out and accomplish the refunding in accordance with the provisions of Michigan law, the County and the Authority have taken or shall take the following steps:
4. Payment of Cash Rentals. The full principal amount of the Refunding Bonds shall be paid by the County to the Authority in annual principal installments corresponding to the Cash Rentals, together with interest and other expenses as provided in this Refunding Agreement. It is understood and agreed that the Refunding Bonds of the Authority will be issued in anticipation of such payments of Cash Rentals by the County. It is further understood and agreed that those Prior Bonds not refunded with the proceeds of the Bonds, if any (the "Non-Refunded Bonds"), will continue to be payable from the Cash Rentals to be paid by the County pursuant to the 1996 Lease or the 1998 Lease, as applicable, all as set forth in Exhibits C and D.
It is agreed that the County shall pay to the Authority, on or before each principal or interest payment date, or redemption date, with respect to the Refunding Bonds and the Non-Refunded Bonds, an amount sufficient to pay the principal or interest due on the Refunding Bonds and the Non-Refunded Bonds on any such date at a time sufficient to allow for such payment. From time to time as the Authority is billed by the registrar/transfer agent/paying agent for the Bonds for their services, and as other costs and expenses accrue to the Authority from handling of the payments made by the County or from other action taken in connection with the Bonds,
the Authority shall notify the County of the amount of such fees, costs and expenses, and the County shall promptly remit to the Authority sufficient funds to pay such amounts when due.
If any installment payment as provided in this Refunding Agreement is not paid when due, the amount not paid shall be subject to a penalty of 1% of the amount not paid for each month or fraction of a month that the same remains unpaid after the due date.
5. Full Faith and Credit Pledge. The County, pursuant to authorization of Act 31, has irrevocably pledged its full faith and credit for the prompt and timely payment of the Cash Rentals pledged for payment of the Refunding Bonds and the Non-Refunded bonds, as expressed in this Refunding Agreement. Pursuant to such pledge, if other funds are not available, the County shall be required to pay such amounts from any of its general funds as a first budget obligation and shall each year levy an ad valorem tax on all taxable property in the County in an amount which, taking into consideration estimated delinquencies in tax collections, will be sufficient to pay such obligations under the 1996 Lease, the 1998 Lease and this Refunding Agreement becoming due before the time of the following year's tax collections. Such commitments of the County are expressly recognized as being for the purpose of providing funds to meet the Cash Rentals of the County in anticipation of which the Refunding Bonds are being issued and of which the Non-Refunded Bonds were issued. Nothing in the 1996 Lease, the 1998 Lease and this Refunding Agreement shall be construed to prevent the County from using any, or any combination of, the means and methods provided in Section 11 of Act 31 for the purpose of providing funds to meet its obligations to pay the Cash Rentals under the 1996 Lease, the 1998 Lease and this Refunding Agreement, and if at the time of making the annual tax levy there shall be other funds on hand earmarked and set aside for the payment of the Cash Rentals due prior to the next tax collection period, then such annual tax levy may be reduced by such amount. The obligation of the County to make such Cash Rental payments shall not be subject to any set-off by the County nor shall be any abatement of the Cash Rental payments for any reason, including, but not limited to, casualty that results in the Facilities being untenantable.
6. Prepayments. Additional moneys, over and above any of the Cash Rentals specified in this Refunding Agreement, may be prepaid to the extent not prohibited in the 1996 Lease or the 1998 Lease.
7. Validity of the 1996 Lease and 1998 Lease. All provisions of the 1996 Lease and 1998 Lease not inconsistent with this Refunding Agreement, and particularly all covenants relative to the payment of and security for the Prior Bonds made by the County in the 1996 Lease and 1998 Lease, shall remain in full force and effect and shall apply with equal effect to the Non-Refunded Bonds and the Refunding Bonds authorized by this Refunding Agreement, it being understood that upon issuance of the Bonds, the Bonds To Be Refunded will be defeased and the Refunding Bonds shall be substituted for the Bonds To Be Refunded and be payable from the Cash Rentals under the 1996 Lease and the 1998 Lease, as applicable, and shall be outstanding in their place and stead.
8. Additional Financing. Nothing contained in this Refunding Agreement shall in any way be construed to prevent additional financing under the provisions of Act 31 or any other law for the purpose of constructing additional allowed facilities as may be permitted pursuant to Act 31.
9. Conditional Obligations. The obligations and undertakings of each of the parties to this Refunding Agreement shall be conditioned upon the successful accomplishment of the proposed refunding, and, therefore, if for any reason whatsoever the Refunding Bonds are not issued, then this Refunding Agreement shall be considered void and of no force and effect; provided, however, that in such event, all costs and expenses shall be paid by the County in accordance with existing commitments to the Authority, and the Authority shall not be obligated for such costs and expenses.
10. Rights of Bondholders. The Authority and the County each recognize that the holders from time to time of the Refunding Bonds will have rights in this Refunding Agreement, and it is therefore covenanted and agreed by each of them that so long as any of the Refunding Bonds shall remain outstanding and unpaid, the provisions of this Refunding Agreement shall not be subject to any alteration or revision which would in any manner materially affect either the security of the Refunding Bonds or the prompt payment of principal of or interest on the Refunding Bonds or the Non-Refunded Bonds. The County and the Authority further covenant and agree that they will each comply with their respective duties and obligations under the terms of this Refunding Agreement promptly at all times and in the manner set forth in this Refunding Agreement, and will not suffer to be done any act which would in any way impair the Refunding Bonds or the Non-Refunded Bonds, the security for the Refunding Bonds or the Non-Refunded Bonds, or the prompt payment of principal of and interest on the Refunding Bonds or Non-refunded Bonds. It is declared that the terms of this Refunding
Agreement insofar as they pertain to the security of the Refunding Bonds and the Non-Refunded Bonds shall be deemed to be for the benefit of the holders of the Refunding Bonds and the Non-Refunded Bonds.
11. Term of Refunding Agreement. This Refunding Agreement shall remain in full force and effect until ________ 1, 2018, or until such earlier or later time as the Refunding Bonds and Non-Refunded Bonds issued by the Authority are paid, at which time this Refunding Agreement shall be terminated, and the provisions of the 1996 Lease and 1998 Lease, as applicable, relative to disposition of the Facilities shall be carried out. In any event, the obligations of the County to make the payments required under this Refunding Agreement shall be terminated at such time as all of the Refunding Bonds and the Non-Refunded Bonds are paid in full by the County, together with all interest and penalties and other obligations under this Refunding Agreement.
12. Successors and Assigns. This Refunding Agreement shall inure to the benefit of and be binding upon the respective parties to it, their successors and assigns.
13. Effective Date. This Refunding Agreement shall become effective upon approval by the County and the Authority, and when duly executed by the Chairperson of the County Board of Commissioners and the County Clerk, on behalf of the County, and by the Chairperson and Secretary of the Authority, on behalf of the Authority. This Refunding Agreement may be executed in several counterparts.
IN WITNESS WHEREOF, the parties have caused this Refunding Agreement to be executed as of the date first above written.
COUNTY OF INGHAM INGHAM COUNTY BUILDING AUTHORITY
By: _____________________________ By: _____________________________
Its: Chairperson, Board of Its: Chairperson
Commissioners
By: _____________________________ By: _____________________________
Its: County Clerk Its: Secretary
NOTE: The Exhibits that were attached to this resolution are on file in the Clerk’s Office.
The following resolution was introduced by the Human Services and Finance Committees:
RESOLUTION TO AUTHORIZE AMENDMENT NUMBER FOUR TO THE 2004-2005 COMPREHENSIVE PLANNING, BUDGETING AND CONTRACTING (CPBC) AGREEMENT WITH THE MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
RESOLUTION #05-213
WHEREAS, the responsibility for protecting the public health is a shared responsibility between the State and County governments in Michigan; and
WHEREAS, the Michigan Department of Community Health (MDCH) and Ingham County have historically entered into contracts to clarify the role and responsibility of each party in protecting the public health; and
WHEREAS, the MDCH and Ingham County have entered into a 2004-2005 Agreement for the delivery of public health services under the Comprehensive, Planning, Budgeting and Contracting (CPBC) process to clarify roles and responsibilities, including funding relationships, authorized by Resolution #04-259 and amended by Resolutions #04-376, #05-81 and #05-127; and
WHEREAS, the MDCH has proposed a fourth and final amendment to the 2004-2005 CPBC; and
WHEREAS, the Health Officer has recommended that the Board of Commissioners authorize the Amendment.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes Amendment #4 to the 2004-2005 Comprehensive Planning, Budgeting, and Contracting Agreement with the Michigan Department of Community Health.
BE IT FURTHER RESOLVED, that the amendment shall:
1. Add Medicaid Outreach Activities Reimbursement Procedures for FY 2004-2005.
2. Adjusts funding and performance levels.
3. Revises provisions to the WIC program and Bioterrorism Focus Areas.
4. Adds program elements for WIC-USDA Infrastructure Grant program and WISEWOMAN Food Voucher program.
BE IT FURTHER RESOLVED, that the total 2004-2005 CPBC State/Federal funding shall be increased by $11,495 from $4,693,745 to $4,705,240.
BE IT FURTHER RESOLVED, that the Controller is authorized to amend the Health Department’s 2005 budget to implement this resolution.
BE IT FURTHER RESOLVED, that the Board Chairperson is authorized to sign the CPBC Amendment after review by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Weatherwax-Grant, Celentino, Dedden, Holman, Severino
Nays: None Absent: None Approved 8/15/05
FINANCE: Yeas: Dedden, Swope, Hertel, Thomas, Dougan
Nays: None Absent: Schor Approved 8/17/05
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services and Finance Committees:
RESOLUTION TO AUTHORIZE A 2005-2006 AGREEMENT WITH THE MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FOR THE DELIVERY OF PUBLIC HEALTH SERVICES UNDER THE COMPREHENSIVE PLANNING, BUDGETING AND CONTRACTING (CPBC) PROCESS
RESOLUTION #05-214
WHEREAS, the responsibility for protecting the public health is a shared responsibility between the State and County governments in Michigan; and
WHEREAS, the Michigan Department of Community Health and Ingham County have historically entered into contracts to clarify the role and responsibility of each party in protecting the public health; and
WHEREAS, the Michigan Department of Community Health is in the process of establishing tentative grant funding levels for 2005-2006, and these funding levels are included in the Health Department’s 2006 budget request; and
WHEREAS, the Michigan Department of Community Health has proposed a 2005-2006 Agreement for the delivery of public health services under the Comprehensive, Budgeting and Contracting (CPBC) process to clarify roles and responsibilities, including funding relationships; and
WHEREAS, the Health Officer recommends that the 2005-2006 CPBC Agreement be authorized and executed.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes a 2005-2006 Agreement with the Michigan Department of Community Health for the delivery of public health services under the Comprehensive Planning, Budgeting and Contracting Process.
BE IT FURTHER RESOLVED, that the period of the Agreement shall be October 1, 2005 through September 30, 2006.
BE IT FURTHER RESOLVED, that the scope of services included in this Agreement shall include Local Public Health Operations, and several categorical public health programs identified in the attachments to the Agreement.
BE IT FURTHER RESOLVED, that approximately $4.4 million of State/Federal funds will be made available to Ingham County through the CPBC Agreement and that Ingham County’s contribution to expenditures associated with the Agreement and budget shall not exceed levels appropriated in the County's 2006 Budget for these purposes.
BE IT FURTHER RESOLVED, that the Board of Commissioners authorizes subcontracts for the period October 1, 2005 through September 30, 2006 with specialty physicians, laboratories, and health care institutions and other service providers necessary to implement the Breast and Cervical Cancer Control Program in Clinton,
Gratiot, Ingham, Jackson, Livingston, Oakland and Washtenaw Counties, which is a program included in the CPBC Agreement.
BE IT FURTHER RESOLVED, that service contracts are authorized with the following list of providers to support outreach activities to potential and current Medicaid beneficiaries in the following categories:
- Medicaid Outreach and Public Awareness
- Facilitating Medicaid Eligibility Determination
- Program Planning, Policy Development and Interagency Coordination Related to Medicaid Services
- Referral, Coordination and Monitoring of Medicaid Services
- Medicaid-Specific Training on Outreach Eligibility and Services
- Arranging for Medicaid-related Transportation and Provision of Medicaid-related Translation
These service contracts braid together requirements and funds from multiple sources including the County, W.K. Kellogg Foundation and Medicaid Administration (Federal Share). The braided service contracts shall be authorized up to the amounts identified below for the period October 1, 2005 through September 30, 2006:
Allen Neighborhood Center - $100,000
St. Vincent Catholic Charities - $135,000
Child Abuse Prevention Services - $55,750
Cristo Rey Community Center - $65,000
Family and Community Development Services, Inc. - $90,000
Greater Lansing African American Health Institute - $68,000
NorthWest Lansing Healthy Communities Initiative - $100,000
South Side Community Coalition - $60,000
Care Free Medical, Inc. - $30,000 (serving Mason and SE Lansing)
Capital Area Community Services - $35,200
Webberville Area Healthy Communities Initiative - $15,000
BE IT FURTHER RESOLVED, that a transfer of up to $60,000 from the Health Fund to the General Fund is authorized to support MSU/Ingham County Extension’s role as fiduciary for the Baker-Donora Outreach Center.
BE IT FURTHER RESOLVED, that a subcontract for up to $35,000 is authorized with Professional Service Industries, Inc. to perform lead inspection and abatement oversight services through the Lead Hazard Remediation Program grant.
BE IT FURTHER RESOLVED, that the Board Chairperson is authorized to sign the Agreement, contracts and subcontracts after review by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Weatherwax-Grant, Celentino, Dedden, Holman, Severino
Nays: None Absent: None Approved 8/15/05
FINANCE: Yeas: Dedden, Swope, Hertel, Thomas, Dougan
Nays: None Absent: Schor Approved 8/17/05
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services and Finance Committees:
RESOLUTION TO PURCHASE AND INSTALL A STORAGE BUILDING ON THE GROUNDS OF THE HUMAN SERVICES BUILDING
RESOLUTION #05-215
WHEREAS, the Health Department has more demand for storage space than is currently available at the Human Services Building; and
WHEREAS, the Bureau of Environmental Health currently rents offsite space for storage; and
WHEREAS, the Bureau of Environmental Health has proposed to utilize unanticipated revenue to purchase a storage facility to be located on the grounds of the Human Services Building; and
WHEREAS, the County Facilities Department is supportive of locating a storage facility on the grounds of the Human Services Building; and
WHEREAS, the Health Officer has recommended that the Board of Commissioners authorize the purchase and placement of a storage facility on the grounds of the Human Services Building and has advised the Board that funds are available to support the purchase.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes the purchase of a storage building to be placed on the grounds of the Human Services Building to serve the storage needs of the Health Department.
BE IT FURTHER RESOLVED, that the Board of Commissioners authorizes the Controller to adjust the Health Department’s 2005 budget to recognize an additional $6,500 in revenue in the Bureau of Environmental Health.
BE IT FURTHER RESOLVED, that the Purchasing Department is authorized to seek quotations and to purchase a storage building, approximately 12 feet by 28 feet, not to exceed $6,500 in cost, including the cost of setting the building on the grounds at the Human Services Building.
HUMAN SERVICES: Yeas: Hertel, Weatherwax-Grant, Celentino, Dedden, Holman, Severino
Nays: None Absent: None Approved 8/15/05
FINANCE: Yeas: Dedden, Swope, Hertel, Thomas, Dougan
Nays: None Absent: Schor Approved 8/17/05
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services and Finance Committees:
RESOLUTION TO AUTHORIZE A CONTRACT WITH THE MICHIGAN DEPARTMENT OF HUMAN SERVICES TO PROVIDE ADMINISTRATIVE SUPPORT FOR DEVELOPMENT OF THE STRONG FAMILIES/SAFE CHILDREN PROGRAM
RESOLUTION #05-216
WHEREAS, Ingham County employs the Coordinator of the Ingham County Human Services Advisory Committee (Human Services/Grant Coordinator); and
WHEREAS, the Department of Human Services (DHS) proposes to contract with Ingham County to purchase the assistance of the Human Services/Grant Coordinator to support the planning process for the Strong Families/Safe Children Program; and
WHEREAS, the Health Officer advises that the $6,000 contribution from the DHS is included in the revenue projections of the Health Department’s 2006 Budget and recommends that the Board of Commissioners authorize the proposed 2006 Agreement.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes a 2005-2006 agreement with the Michigan Department of Human Services.
BE IT FURTHER RESOLVED, that the County shall make available the services of the Human Services/Grant Coordinator to support the development of the 2006 Strong Families/Safe Children Program plan and will assist the DHS in monitoring plan activities and reporting.
BE IT FURTHER RESOLVED, that the DHS shall pay Ingham County $6,000 for these services.
BE IT FURTHER RESOLVED, that the period of the agreement shall be October 1, 2005 through September 30, 2006.
BE IT FURTHER RESOLVED, that the Chairperson is authorized to sign the Agreement after review by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Weatherwax-Grant, Celentino, Dedden, Holman, Severino
Nays: None Absent: None Approved 8/15/05
FINANCE: Yeas: Dedden, Swope, Hertel, Thomas, Dougan
Nays: None Absent: Schor Approved 8/17/05
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services, County Services and Finance Committees:
RESOLUTION TO AMEND RESOLUTION NO. 05-117 AND AUTHORIZE STAFFING CHANGES IN THE BUREAU OF HEALTH PLAN MANAGEMENT
RESOLUTION #05-217
WHEREAS, the Board of Commissioners authorized a change from part-time to three-quarter time status for a position in Resolution No. 05-117, a Plan Management Assistant position within the Bureau of Health Plan Management; and
WHEREAS, the Bureau of Health Plan Management has a vacant, full-time Secretary-Health position; and
WHEREAS, the Bureau Director has recommended the three-quarter time position be changed to full-time and the full-time Secretary-Health position be eliminated; and
WHEREAS, the Health Officer has recommended that the Board implement the recommended change.
THEREFORE BE IT RESOLVED, that the Board of Commissioners authorizes an amendment to Resolution No. 05-117 to change the three-quarter time Plan Management Assistant (UAW TOPS E 601083) to full-time status, effective September 12, 2005.
BE IT FURTHER RESOLVED, that the Secretary-Health position (UAW TOPS D 601072) shall be eliminated.
HUMAN SERVICES: Yeas: Hertel, Weatherwax-Grant, Celentino, Dedden, Holman, Severino
Nays: None Absent: None Approved 8/15/05
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers
Nays: None Absent: None Approved 8/16/05
FINANCE: Yeas: Dedden, Swope, Hertel, Thomas, Dougan
Nays: None Absent: Schor Approved 8/17/05
Adopted as part of the consent agenda.
The following resolution was introduced by the Judiciary, County Services, and Finance Committees:
RESOLUTION REQUESTING CONTINGENCY FUNDS AND AUTHORIZATION FOR A TEMPORARY SEASONAL POSITION TO ASSIST IN MEETING CASE MANAGEMENT DEMANDS DURING AN EXTENDED MEDICAL LEAVE
RESOLUTION #05-218
WHEREAS, the Senior Deputy Probate Register will be absent from work at the Ingham County Probate Court for an extended period of time (perhaps as long as four months) due to medical reasons; and
WHEREAS, the loss of the Senior Deputy Probate Register, for an extended period of time will create significant problems for Court functions such as processing filings, docketing cases, generating notices of deficiency, bookkeeping, fielding telephone inquiries, assisting those who come to the court’s counter, and clerking at hearings in a timely, efficient, and accurate manner; and
WHEREAS, the Ingham County Probate Court has utilized a Senior Aide through the Capitol Area Community Services Senior Aide Program for almost two years; and
WHEREAS, this Senior Aide position has rendered a great service to the Court in microfilming and scanning documents, in filing and pulling case files, and in performing other important functions to aid in the efficient operation of the Court; and
WHEREAS, the Capitol Area Community Services Senior Aide Program does not allow any individual to remain as a Senior Aide at the same establishment for over two years and the two-year anniversary will come up in September; and
WHEREAS, a half-time Deputy Probate Register is available to work up to full-time for a limited period of time in order to assist in covering matters while the Senior Deputy Probate Register is absent; and
WHEREAS, the half-time Deputy Probate Register already understands the functioning of the Probate Court and its cases, and this would be the most efficient means of temporarily adding qualified staff resources to assist in meeting the workload demands once the Senior Deputy Probate Register is absent; and
WHEREAS, the estimated additional expense of employing the half-time Deputy Probate Register at full-time for three months and at 29 hours per week for an additional month is approximately $5,500; and
WHEREAS, current funds within the General Fund supplies budget can be transferred to personnel expenses to pay for an Office Helper for 20 hours per week to be paid at a rate of $6.00 per hour for the time period of September through November of this year.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners approves the Probate Court’s request to increase the half-time Deputy Probate Register to full-time for three months and at 29 hours per week for an additional month in light of the extended medical leave of the full-time Senior Deputy Probate Register.
BE IT FURTHER RESOLVED, that a temporary seasonal employee position of Office Helper will be authorized in the Probate Court from September through November of 2005 for 20 hours per week and will receive wages at a rate of $6.00 per hour.
BE IT FURTHER RESOLVED, that up to $1,500 from Supplies (726010) will be transferred to relevant personnel expenditure line items to pay for an Office Helper for this year from September through November of 2005.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners directs the Controller to transfer the funds for this purpose out of the 2005 Contingency Fund to the Probate Court’s 2005 budget by increasing the personnel line item up to $5,500, if necessary, based on the actual duration of the medical leave, and to make the appropriate adjustments in the 2005 Probate Court’s Budget as authorized by this resolution.
JUDICIARY: Yeas: Holman, Weatherwax-Grant, Nolan, Swope, Dougan
Nays: None Absent: Schafer Approved 8/11/05
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers
Nays: None Absent: None Approved 8/16/05
FINANCE: Yeas: Dedden, Swope, Hertel, Thomas, Dougan
Nays: None Absent: Schor Approved 8/17/05
Adopted as part of the consent agenda.
The following resolution was introduced by the Law Enforcement, County Services, and Finance Committees:
RESOLUTION TO ACCEPT A GRANT FROM THE U.S. JUSTICE DEPARTMENT FOR A DOMESTIC ASSAULT RESPONSE TEAM PROGRAM AND TO AUTHORIZE SUBCONTRACTS WITH AGENCY PARTNERS
RESOLUTION #05-219
WHEREAS, the Ingham County Prosecutor’s Office applied for and has been approved to receive a “Grants to Encourage Arrest Policies” grant from the Office of the United States Department of Justice, Office on Violence Against Women; and
WHEREAS, the amount of the grant is $398,869, with no local match required; and
WHEREAS, the City of Lansing, the 54-A District Court Probation Department, and the End Violent Encounter (EVE), Inc. have agreed to participate in an interjurisdictional task force to administer this program, titled the “Domestic Assault Response Team” (DART).
THEREFORE BE IT RESOLVED, that the Ingham County Board of
Commissioners approves the acceptance of the “Grants to Encourage Arrest
Policies” grant from the Office of the United States Department of Justice,
Office of Justice Programs for $398,869 for the time period of July 1, 2005 through June 30, 2007.
BE IT FURTHER RESOLVED, that a sub-contract with the City of Lansing is authorized for $127,548 to provide for a full-time Probation Officer to work in the Lansing 54-A District Court, and $33,918 to pay for the sub-lease of office space at the Lansing Police Department South Precinct, for a total of $161,466.
BE IT FURTHER RESOLVED, that a sub-contract with End Violent Encounters, Inc. is authorized for $76,506 to provide for salary and related personnel costs for a full-time DART Advocate, and $1,000 for grant administration, for a total of $77,506.
BE IT FURTHER RESOLVED, that an entry-level Assistant Prosecuting Attorney (Salary range $40,110 - $74,999) grant position shall be created for the duration of the grant subject to the availability of grant funding.
BE IT FURTHER RESOLVED, that the Controller is authorized to make the necessary
budget adjustments to the 2005, 2006 and 2007 Prosecutor’s Office Budget and
Position Allocation List.
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: De Leon, Nolan, Copedge, Thomas, Vickers
Nays: None Absent: Schafer Approved 8/11/05
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers
Nays: None Absent: None Approved 8/16/05
FINANCE: Yeas: Dedden, Swope, Hertel, Thomas, Dougan
Nays: None Absent: Schor Approved 8/17/05
Adopted as part of the consent agenda.
The following resolution was introduced by the Law Enforcement and Finance Committees:
RESOLUTION TO APPROVE AN EXTENDED POLICE SERVICES AGREEMENT WITH THE VILLAGE OF WEBBERVILLE COVERING THE PERIOD OF
JULY 1, 2005 THROUGH JUNE 30, 2009
RESOLUTION #05-220
WHEREAS, the Ingham County Sheriff’s Office and the Village of Webberville are interested in extending the current agreement for law enforcement services; and
WHEREAS, the Village of Webberville has been provided with a draft agreement which covers a four year period, beginning July 1, 2005 and ending June 30, 2009; and
WHEREAS, the Village of Webberville has contracted with Ingham County for Police Services through the Sheriff’s Office since 1994 with a 5% increase for each year of the contract; and
WHEREAS, these increases are consistent with other contracts which have been negotiated by Ingham County.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners approves a four year extension of the contract with the Village of Webberville for the period covering July 1, 2005 through June 30, 2006 for the sum of $296,655, for the period covering July 1, 2006 through June 30, 2007 for the sum of $311,488, for the period covering July 1, 2007 through June 30, 2008 for the sum of $327,063, and for the period covering July 1, 2008 through June 30, 2009 for the sum of $343,416.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes the Board Chairperson and the County Clerk to sign all necessary contract documents, upon review and approval as to form by the County Attorney.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes the Budgeting Office to make any necessary budget adjustments in the Sheriff’s 2005 Budget.
LAW ENFORCEMENT: Yeas: De Leon, Nolan, Copedge, Thomas, Vickers
Nays: None Absent: Schafer Approved 8/11/05
FINANCE: Yeas: Dedden, Swope, Hertel, Thomas, Dougan
Nays: None Absent: Schor Approved 8/17/05
Adopted as part of the consent agenda.
The following resolution was introduced by the Law Enforcement and Finance Committees:
RESOLUTION TO ACCEPT THE 2006 REGIONAL PURSUIT DRIVING GRANT
RESOLUTION #05-221
WHEREAS, the Ingham County Sheriff’s Office applied to receive a police drivers training grant from the Michigan Commission on Law Enforcement Standards; and
WHEREAS, the purpose of the training is to improve driving skills and reduce risk; and
WHEREAS, the amount of the grant is $53,164.00 with a required in-kind match of $17,748.00 assumed by the Ingham County Sheriff’s Office in personnel wages and equipment for a total project cost of $70,912.00; and
WHEREAS, $20,310 of the 2006 Regional Pursuit Driving Grant is for personnel wages; and
WHEREAS, $1,088 of the 2006 Regional Pursuit Driving Grant is for travel; and
WHEREAS, $31,766 of the 2006 Regional Pursuit Driving Grant is for supplies and operating expenses.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners approves the acceptance of the 2006 Regional Pursuit Driving Grant from the Michigan Commission on Law Enforcement Standards in the amount of $53,164 for the time period of January 1, 2006 through December 31, 2006.
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.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners directs the Controller to make the necessary budget adjustments in the Ingham County Sheriff’s Office 2006 budget.
LAW ENFORCEMENT: Yeas: De Leon, Nolan, Copedge, Thomas, Vickers
Nays: None Absent: Schafer Approved 8/11/05
FINANCE: Yeas: Dedden, Swope, Hertel, Thomas, Dougan
Nays: None Absent: Schor Approved 8/17/05
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 PAY LANSING POLICE
DEPARTMENT TWENTY PERCENT (20%) OF A FINAL SETTLEMENT OF A
DRUG FORFEITURE AND ESTABLISH A POLICY FOR FUTURE DRUG FORFEITURES
RESOLUTION #05-222
WHEREAS, the Ingham County Sheriff’s Office has received $64,520 through a drug forfeiture as Ordered by the Ingham County Circuit Court; and
WHEREAS, the Ingham County Sheriff’s Office received assistance from the Lansing Police Department which resulted in the drug forfeiture; and
WHEREAS, in previous Agreements, the assisting agency received twenty percent (20%) of the final settlement; and
WHEREAS, twenty percent (20%) of the $64,520 would result in a payment to the Lansing Police Department of $12,904 from the Ingham County Sheriff’s Office Drug Forfeiture Account.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes the Ingham County Sheriff’s Office to pay a total sum of Twelve Thousand Nine Hundred Four Dollars ($12,904) to the Lansing Police Department which represents twenty percent (20%) of the final settlement of the drug forfeiture.
BE IT FURTHER RESOLVED that the Ingham County Board of Commissioners adopts the policy that in drug forfeiture cases of the Ingham County Sheriff’s Office not involving the Tri-County Metro Narcotics Squad and subject to final judicial dispensation of the cases in accordance with applicable federal and state statutes that:
- Ingham County will pay assisting agencies 20% and in turn receive 20% of the drug forfeitures when assisting other law enforcement agencies.
- Ingham County will pay equally participating agencies 50% and in turn receive 50% of the drug forfeitures when equally participating with other law enforcement agencies.
BE IT FURTHER RESOLVED that the Ingham County Board of Commissioners authorizes the Controller’s Office to make the necessary adjustments in the Ingham County Sheriff’s Office 2005 Budget.
LAW ENFORCEMENT: Yeas: De Leon, Nolan, Copedge, Thomas, Vickers
Nays: None Absent: Schafer Approved 8/11/05
FINANCE: Yeas: Dedden, Swope, Hertel, Thomas, Dougan
Nays: None Absent: Schor Approved 8/17/05
Adopted as part of the consent agenda.
The following resolution was introduced by the Law Enforcement and Finance Committees:
RESOLUTION AUTHORIZING THE IMPLEMENTATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE COUNTY OF INGHAM – EMERGENCY MANAGEMENT
RESOLUTION #05-223
WHEREAS, the Ingham County Emergency Management Director is hereby requesting the County Board of Commissioners to implement the National Incident Management System (NIMS) as the basis for all Incident Management in the County of Ingham; and
WHEREAS, the Homeland Security Presidential Directive/HSPD–5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management Systems (NIMS), which would provide a consistent nationwide approach for Federal, State, Local, and Tribal Governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity; and
WHEREAS, to facilitate the most efficient and effective Incident Management it is critical that Federal, State, Local, and Tribal Organizations utilize Standardized Terminology, Standardized Organizational Structures, Interoperable Communications, Consolidated Action Plans, Unified Command Structures, Uniform Personnel Qualification Standards, Uniform Standards for Planning, Training, and Exercising, Comprehensive Resource Management, and Designated Incident Facilities during emergencies or disasters; and
WHEREAS, the NIMS Standardized Procedures for managing Personnel, Communications, Facilities and Resources will improve the State’s ability to utilize federal funding to enhance Local and State Agency readiness, maintain First Responder Safety, and streamline Incident Management Processes; and
WHEREAS, the Incident Command System components of NIMS are already an integral part of various Incident Management activities throughout the State, including current Emergency Management Training Programs; and
WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a Standardized Incident Command System; and
WHEREAS, mandated by the Homeland Security Presidential Directive/HSPD–5, beginning in FY2005, adoption and full compliance with the National Incident Management System (NIMS) will be a condition for receipt of Federal Preparedness Assistance Funds, including grants, contracts and other activities; and
WHEREAS, the National Incident Management System (NIMS) shall be incorporated within the County Emergency Management Policy Resolution, County Emergency Management Plans, Training and Exercises, and Standard Operating Procedures; and
WHEREAS, all County Departments, Commissioners, Boards or other Agencies of County Government, to include those Cities, Villages, Townships, Local Public Authorities and School Districts, that are part of the