Board of Commissioners Rooms- Courthouse
Mason -7:30 p.m.
May 23, 2006
CALL TO ORDER:
The meeting of the Ingham County Board of Commissioners was called to order by Chairperson Celentino at 7:30 p.m. Roll was called and all Commissioners were present, except Commissioner Thomas.
PLEDGE OF ALLEGIANCE:
Sheriff Wriggelsworth 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 Dedden, supported by Commissioner Schafer to approve the Minutes of the May 9, 2006 meeting, as submitted. Motion carried unanimously. Absent: Commissioner Thomas.
ADDITIONS TO THE AGENDA:
Commissioner Schor indicated that there would be a substitute resolution for agenda item #7 – Resolution Authorizing Contract with the Jasper Group for Maintenance on the Unisys Mainframe. The substitute was accepted by Chairperson Celentino, without objection.
PETITIONS AND COMMUNICATIONS:
Letter from Mary Lindemann, tendering her resignation from the Women’s Commission. Accepted and placed on file.
Letter from Delhi Charter Township announcing a public hearing to consider an application for an Industrial Facilities Exemption Certificate by Fibertec, Inc. Referred to the Finance Committee.
Resolution from Bay County addressing the need for Congress to prioritize health care for uninsured Americans. Referred to the Human Services Committee.
Resolution from Bay County expressing opposition to the Michigan Civil Rights Initiative. Received and placed on file.
Letter from the Michigan Department of Environmental Quality, Air Quality Division, forwarding the Division’s Pending New Source Review Application Report. Received and placed on file.
Letter, with attachments, from Charles Willems regarding the County’s compliance with the Land Division Act. Referred to the County Services Committee.
LIMITED PUBLIC COMMENT:
None.
CONSIDERATION OF CONSENT AGENDA:
Moved by Commissioner Severino, supported by Commissioner Schafer to adopt a consent agenda consisting of all items, except 8, 18, 19 and 21. The consent agenda was adopted unanimously. Absent: Commissioner Thomas. Items on the consent agenda were adopted by a unanimous roll call vote. Absent: Commissioner Thomas. Items voted on separately are so noted in the Minutes.
The following resolution was introduced by the County Services Committee:
RESOLUTION HONORING DETECTIVE LIEUTENANT JEFFREY JOY
RESOLUTION #06-133
WHEREAS, Jeffrey Joy began his career with the Ingham County Sheriff=s Office in 1979 as a Sheriff’s Office Mechanic; and
WHEREAS, in 1982 he served as a Communications Operator and became a Corrections Officer in 1983; and
WHEREAS, in 1987 he began working on Road Patrol with the following assignments: Marine Patrol, Diver FTO, Traffic Officer, and Delhi Township; and
WHEREAS, in 1996 he was assigned to Tri-County Metro Narcotics, in 1997 he was promoted to Detective, in1998, he was promoted to Sergeant, and he was promoted to Lieutenant in 2000; and
WHEREAS, as a Lieutenant he was assigned to the Delhi Township Division for 2.5 years; and
WHEREAS, he has received 2 life saving awards, 2 meritorious service awards, 8 unit citations and served as Commander of the Ingham County Cold Case Task Force; and
WHEREAS, with over 26 years of dedicated service, Jeffrey Joy is retiring from his current position, Detective Lieutenant, in the Detective Bureau of the Ingham County Sheriff’s Office.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby honors Detective Lieutenant Jeffrey Joy for his many years of service to the County of Ingham and its citizens.
BE IT FURTHER RESOLVED, that the Board wishes him continued success in all of his future endeavors.
COUNTY SERVICES: Yeas: Schor, De Leon, Holman, Copedge, Severino, Vickers
Nays: None Absent: None Approved 5/16/06
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION AUTHORIZING CONTRACT WITH THE JASPER GROUP FOR MAINTENANCE ON THE UNISYS MAINFRAME
RESOLUTION #06-134
WHEREAS, Ingham County currently pays $84,946.56 for maintenance on its Unisys Mainframe; and
WHEREAS, the Unisys mainframe is now only being used for access to legacy data; and
WHEREAS, by signing a contract with the Jasper Group the County would be able to save $35,965.56 a year.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorize a contract with the Jasper Group for maintenance on the Unisys mainframe in an amount not to exceed $50,000 for one year and that the contract can be extended for an additional one-year period, with the total amount not to exceed $100,000 for the two year period.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes the Board Chair and the County Clerk to sign any necessary contract documents after approval as to form by the County Attorney.
COUNTY SERVICES: Yeas: Schor, De Leon, Holman, Copedge, Severino, Vickers
Nays: None Absent: None Approved 5/16/06
FINANCE: Yeas: Thomas, Hertel, Grebner, Dedden, Weatherwax-Grant, Dougan
Nays: None Absent: None Approved 5/17/06
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION PLEDGING FULL FAITH AND CREDIT FOR THE BRIARWOOD DRAIN DRAINAGE DISTRICT 2006 DRAINAGE DISTRICT BONDS
RESOLUTION #06-135
WHEREAS, Act 40, Public Acts of Michigan, 1956, as amended (the “Drain Code”), authorizes any county to pledge its full faith and credit for the payment of obligations issued thereunder, if the Board of Commissioners of the county has adopted a resolution by a majority vote of its members-elect to that effect; and
WHEREAS, pursuant to the Drain Code proceedings are being undertaken by the Ingham County Drain Commissioner for the construction and financing of an intracounty drainage project designated as BRIARWOOD DRAIN, said project having been determined to be necessary for the public health; and
WHEREAS, pursuant to said proceedings, a special assessment roll has been or will be prepared and duly confirmed by the Drain Commissioner in the aggregate principal amount of not to exceed $3,000,000, being the amount of total estimated financed share cost of the project, which assessments are payable in annual installments over a period of twenty (20) years, commencing 2006, by the Charter Township of Meridian, the Board of County Road Commissioners of the County of Ingham, and benefited lands, according to apportionments to be duly determined by the Drain Commissioner acting pursuant to Section 262 of the Drain Code, said installments bearing interest at such rate of interest as may be necessary to pay interest on obligations payable therefrom; and
WHEREAS, pursuant to the authorization provided in the Drain Code, the Drain Commissioner, by order, will authorize and provide for the issuance of bonds by the Briarwood Drain Drainage District payable from the collection of said special assessments against the Charter Township of Meridian, the Board of County Road Commissioners of the County of Ingham, and the benefited lands on said Roll, said bonds being designated 2006 DRAINAGE DISTRICT BONDS (GENERAL OBLIGATION LIMITED TAX) (the “Bonds”), in the aggregate principal amount of not to exceed $3,000,000, to provide funds to pay part of the costs of the project; and
WHEREAS, the said drainage project is immediately necessary to protect and preserve the public health, and it is to the best interest of the County of Ingham (the “County”) that the Bonds, in order to be sold at the lowest and most favorable interest cost possible to obtain, be secured by a pledge of the full faith and credit of the County as authorized by the Section 276 of the Drain Code.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners:
1. That pursuant to the authorization provided in the Drain Code the Board of Commissioners of the County does hereby irrevocably pledge the full faith and credit of the County for the prompt payment of the principal of and interest on the Bonds when due, and pursuant to said pledge, in the event that the collection of special assessments on said roll is insufficient to pay the Bonds or interest thereon when due, the amount unpaid shall be promptly advanced from County funds as a first budget obli- gation, and the County Treasurer is directed to immediately make such advancement to the extent necessary.
2. That in the event that pursuant to said pledge of its full faith and credit the County advances out of County funds all or any part of said installments and interest, it shall be the duty of the County Treasurer, for and on behalf of the County, to take all actions and proceedings and pursue all remedies permitted or authorized by law for the reimbursement of such sums so paid, including without limitation the reassessment by the Drain Commissioner of the special assessment roll as provided in Section 276 of the Drain Code.
3. That to the extent required pursuant to Rule 15c2‑12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the “Rule”), the County shall enter into an undertaking (the “Undertaking”) substantially in the form attached as Exhibit A for the benefit of the holders and beneficial owners of the Bonds to send certain information annually and to provide notice of certain events to certain information repositories pursuant to the requirements of the Rule. The County Controller and the Treasurer each is authorized to execute and deliver the Undertaking in such form as is required pursuant to the Rule.
4. That, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exclusion of the interest on the Bonds from adjusted gross income for general federal income tax purposes under the Internal Revenue Code of 1986, as amended (the “Code"), including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure of Bond proceeds and moneys deemed to be Bond proceeds.
5. That all resolutions and parts of resolution insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Board of Commissioners of the County of Ingham, Michigan, at its regular meeting held on May 23, 2006, at 7:30 p.m., Eastern Daylight Time, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meeting Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act.
I further certify that the following Commissioners were present at said meeting: Bahar-Cook, Copedge, Dedden, De Leon, Dougan, Grebner, Hertel, Holman, Nolan, Schafer, Schor, Severino, Vickers, Weatherwax-Grant and Celentino and that the following Commissioner was absent: Thomas.
I further certify that Commissioner Schor moved adoption of said resolution and that Commissioner Nolan supported said motion.
I further certify that the following Commissioners voted for adoption of said resolution: Bahar-Cook, Copedge, Dedden, De Leon, Dougan, Grebner, Hertel, Holman, Nolan, Schafer, Schor, Severino, Vickers, Weatherwax-Grant and Celentino and that the following Commissioners voted against adoption of said resolution: none.
________________________________
Mike Bryanton, County Clerk
COUNTY SERVICES: Yeas: Schor, De Leon, Holman, Copedge, Severino, Vickers
Nays: None Absent: None Approved 5/16/06
FINANCE: Yeas: Thomas, Hertel, Grebner, Dedden, Weatherwax-Grant, Dougan
Nays: None Absent: None Approved 5/17/06
EXHIBIT A
FORM OF
CONTINUING DISCLOSURE UNDERTAKING
This Continuing Disclosure Undertaking (the “Undertaking”) is executed and delivered by the County of Ingham, State of Michigan (the “County”), in connection with the issuance by the Briarwood Drain Drainage District of its $___________ 2006 Drainage District Bonds (General Obligation Limited Tax) (the “Bonds”). The County covenants and agrees for the benefit of the Bondholders, as hereinafter defined, as follows:
(a) Definitions. The following terms used herein shall have the following meanings:
“Audited Financial Statements” means the annual audited financial statement pertaining to the County prepared by an individual or firm of independent certified public accountants as required by Act 2, Public Acts of Michigan, 1968, as amended, which presently requires preparation in accordance with generally accepted accounting principles.
“Bondholders” shall mean the registered owner of any Bond or any person (a) with the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including any person holding a Bond through a nominee, depository or other intermediary) or (b) treated as the owner of any Bond for federal income tax purposes.
“Disclosure Representative” means the Controller of the County or his or her designee, or such other officer, employee, or agent as the County shall designate from time to time in writing.
"Disclosure USA" means the internet-based electronic filing system at www.disclosureusa.org operated by the Municipal Advisory Council of Texas or successor.
“MSRB” means the Municipal Securities Rulemaking Board.
“NRMSIR” means each nationally recognized municipal securities information repository as designated by the SEC in accordance with the Rule.
“Rule” means Rule 15c2-12 promulgated by the SEC pursuant to the Securities Exchange Act of 1934, as amended.
“SEC” means the United States Securities and Exchange Commission.
“SID” means the state information depository for the State of Michigan as designated by the SEC in accordance with the Rule.
(b) Continuing Disclosure. The County hereby agrees, in accordance with the provisions of the Rule, to provide or cause to be provided to each NRMSIR and to the SID for the State of Michigan (“SID”), on or before the last day of the sixth month after the end of the fiscal year of the County, the following annual financial information and operating data, commencing with the fiscal year ending December 31, 2006:
(1) Updates of the numerical financial information and operating data (excluding any pictorial representation) included in the official statement relating to the Bonds (the “Official Statement”) appearing in the Tables or under the headings in the Official Statement as described below:
a. County of Ingham General Financial Information - Property Valuations - Historical Valuation;
b. County of Ingham General Financial Information - Major Taxpayers;
c. County of Ingham General Financial Information - Tax Rates;
d. County of Ingham General Financial Information - Tax Levies and Collections;
e. County of Ingham General Financial Information - Debt Statement – Direct Debt;
f. County of Ingham General Financial Information - Legal Debt Margin.
(2) Audited Financial Statements; provided, however, that if the Audited Financial Statements are not available by the last day of the sixth month after the end of the fiscal year, they shall be provided when available and unaudited financial statements in a format similar to the financial statements contained in the Official Statement will be filed by such date and the Audited Financial Statements will be filed as soon as available.
Such annual financial information and operating data described above are expected to be provided directly by the County in the following documents to be filed with each NRMSIR and the SID: the Audited Financial Statements; materials containing the updates described in (b) (1) above; and in subsequent official statements of the County filed with the MSRB.
If the fiscal year of the County is changed, the County shall send notices of such change to each NRMSIR or the MSRB, and to the SID, prior to the earlier of the ending date of the fiscal year prior to such change or the ending date of the fiscal year as changed.
(c) Notice of Failure to Disclose. The County agrees to provide or cause to be provided, in a timely manner, to (i) each NRMSIR or the MSRB and (ii) the SID, notice of a failure by the County to provide the annual financial information with respect to the County described in subsection (b) above on or prior to the dates set forth in subsection (b) above.
(d) Occurrence of Events. The County agrees to provide or cause to be provided in a timely manner to (i) each NRMSIR or the MSRB and (ii) the SID, if any, notice of the occurrence of any of the following events listed in (b)(5)(i)(C) of the Rule with respect to the Bonds, if applicable, if material:
(1) principal and interest payment delinquencies;
(2) non-payment related defaults;
(3) unscheduled draws on debt service reserves reflecting financial difficulties;
(4) unscheduled draws on credit enhancements reflecting financial difficulties;
(5) substitution of credit or liquidity providers, or their failure to perform;
(6) adverse tax opinions or events affecting the tax-exempt status of the security;
(7) modifications to rights of security holders;
(8) bond calls;
(9) defeasances;
(10) release, substitution, or sale of property securing repayment of the securities; and
(11) rating changes.
(e) Materiality Determined Under Federal Securities Laws. The County agrees that its determination of whether any event listed in subsection (d) is material shall be made in accordance with federal securities laws.
(f) Central Post Office Filing. Any filing with each NRMSIR and the SID under sections (b), (c), (d) or (i) of this Undertaking may be made by transmitting such filing to Disclosure USA as provided at www.disclosureusa.org unless the SEC withdraws the interpretive advice contained in its letter to the Municipal Advisory Council of Texas dated September 7, 2004.
(g) Termination of Reporting Obligation. The obligation of the County to provide annual financial information and notices of material events, as set forth above, shall be terminated if and when the County no longer remains an “obligated person” with respect to the Bonds within the meaning of the Rule, including upon legal defeasance of all Bonds.
(h) Benefit of Bondholders. The County agrees that its undertaking pursuant to the Rule set forth in this Undertaking is intended to be for the benefit of the Bondholders and shall be enforceable by any Bondholder; provided that, the right to enforce the provisions of this Undertaking shall be limited to a right to obtain specific enforcement of the County’s obligations hereunder and any failure by the County to comply with the provisions of this Undertaking shall not constitute a default or an event of default with respect to the Bonds.
(i) Amendments to the Undertaking. Amendments may be made in the specific types of information provided or the format of the presentation of such information to the extent deemed necessary or appropriate in the judgment of the County, provided that the County agrees that any such amendment will be adopted procedurally and substantively in a manner consistent with the Rule, including any interpretations thereof by the SEC, which, to the extent applicable, are incorporated herein by reference. Such interpretations currently include the requirements that (a) the amendment may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of the County or the type of activities conducted thereby, (b) the undertaking, as amended, would have complied with the requirements of the Rule at the time of the primary offering of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances, and (c) the amendment does not materially impair the interests of Bondholders, as determined by parties unaffiliated with the County (such as independent legal counsel), but such interpretations may be changed in the future. If the accounting principles to be followed by the County in the preparing of the Audited Financial Statements are modified, the annual financial information for the year in which the change is made shall present a comparison between the financial statements as prepared on the prior basis and the statements as prepared on the new basis, and otherwise shall comply with the requirements of the Rule, in order to provide information to investors to enable them to evaluate the ability of the County to meet its obligations. A notice of the change in accounting principles shall be sent (i) to each NRMSIR or the MSRB and (ii) the SID.
IN WITNESS WHEREOF, the County has caused this undertaking to be executed by its authorized officer.
COUNTY OF INGHAM
State of Michigan
By ________________________________________
It’s Controller
Dated:__________,2006
Moved by Commissioner Schor, supported by Commissioner Nolan to adopt the resolution. Motion carried by a unanimous roll call vote. Absent: Commissioner Thomas.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION AUTHORIZING THE COUNTY OF INGHAM TO ENTER INTO A CONTRACT WITH THE CITY OF EATON RAPIDS TRANSFERRING THE CITY'S POWER TO ADMINISTER A COMMUNITY DEVELOPMENT BLOCK GRANT THE CITY RECEIVED FROM MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY TO THE INGHAM COUNTY HOUSING COMMISSION
RESOLUTION #06-136
WHEREAS, the City of Eaton Rapids has applied for Community Development Block Grant funding from the Michigan State Housing Development Authority; and
WHEREAS, the Michigan State Housing Development Authority has awarded the City of Eaton Rapids a Community Development Block Grant for their downtown rental rehabilitation program; and
WHEREAS, the City of Eaton Rapids desires to contract with the County of Ingham to transfer to the Ingham County Housing Commission the administration responsibilities of the Grant and the downtown rental rehabilitation program pursuant to Act 8 of 1967 (Ex. Sess.) (MCL 124.531 et. seq.); and
WHEREAS, the Ingham County Board of Commissioners agrees to such transfer of responsibilities to the Ingham County Housing Commission subject to the terms and conditions set forth in this Resolution.
THEREFORE BE IT RESOLVED, pursuant to Act 8 of 1967 (Ex. Sess.)(MCL 124.531 et. seq.) the Ingham County Board of Commissioners authorizes entry into a contract with the City of Eaton Rapids whereby the City of Eaton Rapids transfers to the Ingham County Housing Commission the responsibility for administering the City’s Community Development Block Grant with the Michigan State Housing Development Authority and the City’s downtown rental rehabilitation program funded by the Grant.
BE IT FURTHER RESOLVED, that the terms of the contract shall include the following:
(a) The responsibilities to be transferred to the Housing Commission shall be all administration responsibilities required by the City’s Community Block Grant and the operation of the City’s downtown rental rehabilitation program.
(b) The sum to be paid for the Housing Commission’s administrative services shall be $43,900.00, or 100% of the costs incurred. This sum shall be paid as prescribed by the Community Development Block Grant which authorizes draw down of administrative fees as portions of the project are completed.
(c) Term of the Contract shall be June 1, 2006 through December 31, 2007.
(d) There shall be no transfer or reassignment of employees under the Contract i.e. such employees of the City shall remain employees of the City and employees of the County shall remain employees of the County.
(e) There shall be no transfer or disposal of real property, facilities, equipment or other personal property required in the execution of the Contract.
BE IT FURTHER RESOLVED, this Resolution shall only be effective upon the City of Eaton Rapids’ adoption of a concurrent resolution.
BE IT FURTHER RESOLVED, that upon the meeting of the conditions of this Resolution the Ingham County Board of Commissioners authorizes the Board Chairperson and County Clerk to sign the necessary contract documents consistent with this Resolution and approved as to form by the County Attorney.
BE IT FURTHER RESOLVED, that when the contract authorized herein has been signed on behalf of both the County and the City the County Clerk shall file the executed contract with the Secretary of State prior to its effective date as required by statute.
COUNTY SERVICES: Yeas: Schor, De Leon, Holman, Copedge, Severino, Vickers
Nays: None Absent: None Approved 5/16/06
FINANCE: Yeas: Thomas, Hertel, Grebner, Dedden, Weatherwax-Grant, Dougan
Nays: None Absent: None Approved 5/17/06
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION APPROVING THE UAW-TOPS BARGAINING AGREEMENT
RESOLUTION #06-137
WHEREAS, an agreement has been reached between representatives of the UAW-TOPS Employees and the County on a collective bargaining agreement for January 1, 2006 through December 31, 2008; and
WHEREAS, the agreement has been ratified by the employees within the bargaining unit; and
WHEREAS, the provisions of the agreement have been approved by the County Services and Finance Committees, and are within the guidelines established by the Board of Commissioners.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby approves the contract with the UAW-TOPS Unit, and the Chairperson of the Board of Commissioners and the County Clerk
are authorized to sign it on behalf of the County. Further no retro-pay shall be given until the contract is signed by both parties.
COUNTY SERVICES: Yeas: Schor, De Leon, Holman, Copedge, Severino, Vickers
Nays: None Absent: None Approved 5/16/06
FINANCE: Yeas: Thomas, Hertel, Grebner, Dedden, Weatherwax-Grant, Dougan
Nays: None Absent: None Approved 5/17/06
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT WITH THE INGHAM COUNTY EMPLOYEES’ ASSOCIATION FOR THE PROFESSIONAL EMPLOYEES
RESOLUTION #06-138
WHEREAS, an agreement has been reached between representatives of Ingham County and the Ingham County Employees’ Association for their Professional Employees during the period of January 1, 2006 through December 31, 2008; and
WHEREAS, the agreement has been ratified by the employees within the bargaining unit; and
WHEREAS, the provisions of the agreement have been approved by the County Services and Finance Committees, and are within the guidelines established by the Board of Commissioners.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby approves the contract with Ingham County and the Ingham County Employees’ Association for their Professional Employees.
BE IT FURTHER RESOLVED, that the Chairperson of the Board of Commissioners and the County Clerk are authorized to sign the contract on behalf of the County. Further no retro-pay shall be given until the contract is signed by both parties.
COUNTY SERVICES: Yeas: Schor, De Leon, Holman, Copedge, Severino, Vickers
Nays: None Absent: None Approved 5/16/06
FINANCE: Yeas: Thomas, Hertel, Grebner, Dedden, Weatherwax-Grant, Dougan
Nays: None Absent: None Approved 5/17/06
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT WITH THE THIRTIETH JUDICIAL CIRCUIT COURT AND 55TH JUDICIAL DISTRICT COURT AND INGHAM COUNTY EMPLOYEES’ ASSOCIATION FOR THE PROFESSIONAL COURT EMPLOYEES
RESOLUTION #06-139
WHEREAS, an agreement has been reached between the Thirtieth Circuit Court and 55th District Court and the Ingham County Employees’ Association for Professional Court Employees for a collective bargaining agreement during the period of January 1, 2006 through December 31, 2008; and
WHEREAS, the agreement has been ratified by the employees within the bargaining unit; and
WHEREAS, the agreement has been approved by both Chief Judges of the Thirtieth Circuit and 55th District Courts; and
WHEREAS, the provisions of the agreement have been approved by the County Services and Finance Committees, and are within the guidelines established by the Board of Commissioners.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby approves the contract with the Thirtieth Circuit Court and 55th District Court and Ingham County Employees’ Association for the Professional Court Employees.
BE IT FURTHER RESOLVED, that the Chairperson of the Board of Commissioners and the County Clerk are authorized to sign the contract on behalf of the County. Further no retro-pay shall be given until the contract is signed by both parties.
COUNTY SERVICES: Yeas: Schor, De Leon, Holman, Copedge, Severino, Vickers
Nays: None Absent: None Approved 5/16/06
FINANCE: Yeas: Thomas, Hertel, Grebner, Dedden, Weatherwax-Grant, Dougan
Nays: None Absent: None Approved 5/17/06
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services and Finance Committees:
RESOLUTION TO AUTHORIZE AMENDMENT NO. 2 AND AMENDMENT NO. 3 TO THE 2006 COMPREHENSIVE PLAN BUDGET AND CONTRACT WITH THE MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
RESOLUTION #06-140
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 2005-2006 Agreement for the delivery of public health services through the Comprehensive Planning, Budgeting and Contracting (CPBC) process, authorized by Resolution #05-214; and
WHEREAS, the MDCH has proposed two amendments to the 2005-2006 CPBC; and
WHEREAS, the Health Officer has recommended that the Board of Commissioners authorize Amendment No. 2 and Amendment No. 3 to the 2005-2006 CPBC.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes Amendment No. 2 to the 2005-2006 CPBC Agreement with the Michigan Department of Community Health.
BE IT FURTHER RESOLVED, that Amendment No. 2 shall increase total state/federal funding to Ingham County by $28,750 and incorporate changes to the payment and reporting procedures, changes to the budget instructions, output measures, program specific assurances and requirement sections of the Agreement and incorporate into the Agreement changes to the Administrative Rules related to Hearing and Vision Screening services.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes Amendment No. 3 to the 2005-2006 CPBC Agreement with the Michigan Department of Community Health.
BE IT FURTHER RESOLVED, that Amendment No. 3 shall increase state/federal funding to Ingham County by $49,692 in the Bioterrorism/Pandemic Flu grant and incorporates program language that directs how the funds may be expended.
BE IT FURTHER RESOLVED, that the Board of Commissioners authorizes the purchase of equipment items, subcontracts and consultant services to support the bioterrorism and pandemic influenza planning and capacity building program elements that is consistent with the guidance provided by the MDCH in Amendments No. 2 and 3 and utilizes the standard County procurement procedures.
BE IT FURTHER RESOLVED, that the Controller is authorized to adjust the Health Department’s 2006 budget to implement this resolution.
BE IT FURTHER RESOLVED, that the Board Chairperson is authorized to sign Amendment No. 2 and Amendment No. 3 after review by the County Attorney.
HUMAN SERVICES: Grebner, Bahar-Cook, Hertel, Dedden, Schor, Severino
Nays: None Absent: None Approved 5/15/06
FINANCE: Yeas: Thomas, Hertel, Grebner, Dedden, Weatherwax-Grant, Dougan
Nays: None Absent: None Approved 5/17/06
Adopted as part of the consent agenda.
The following resolution was introduced by the Judiciary Committee:
RESOLUTION HONORING JEFFREY A. VENN
RESOLUTION #06-141
WHEREAS, in February 1973, Jeffrey A. Venn began his career as a Child Welfare Worker for the Ingham County Probate Court, currently known as Circuit Court, Family Division; and in August 1974, his title changed to Senior Child Welfare Worker; and
WHEREAS, in May 1977, he was appointed to the position of Senior Child Welfare Worker/ Coordinator of the Pine Tree Group Home; and in 1978 he was one of two employees who received national recognition for the Group Home; and
WHEREAS, in May 1981, he transferred to the shared full-time position of Intake Referee/Senior Child Welfare Worker and during this same time period he worked at St. Lawrence Mental Hospital as a Psychiatric Technician in the Intensive Care area; and
WHEREAS, in October 1989, his title changed to Senior Juvenile Court Officer; in June 1992, he returned to full-time employment to the position of In-Home Detention Monitor/Juvenile Court Officer; in April 1996, he was promoted to Senior Juvenile Court Officer; and in April 2003, he was promoted to Juvenile Court Officer Supervisor/Family; and
WHEREAS, Jeffrey A. Venn exemplifies the best in public service through his dedication and commitment to his job responsibilities and duties through his desire to address the needs of juveniles and their families. He was one of the original staff who helped supervise youth who attended the Court’s canoeing and camping trips; Summer Enrichment Program; and the Student Intern Program; and
WHEREAS, Jeffrey A. Venn has the reputation amongst his co-workers and friends as a person who will go above and beyond the call of duty for anyone in need; and he will now have time to enjoy his many other interests, especially his passion for scuba diving; and
WHEREAS, Jeffrey A. Venn has given the Ingham County Circuit Court, Family Division and the residents of Ingham County 33 years of quality service.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby honors Jeffrey A. Venn for his many years of dedicated service to the County of Ingham and for the contributions he has made to the Circuit Court, Family Division.
BE IT FURTHER RESOLVED, that the Board of Commissioners wishes him continued success in all of his future endeavors.
JUDICIARY: Yeas: Weatherwax-Grant, Holman, Nolan, Bahar-Cook, Schafer, Dougan
Nays: None Absent: None Approved 5/11/06
Adopted as part of the consent agenda.
The following resolution was introduced by the Judiciary Committee:
RESOLUTION HONORING GAIL MOORE
RESOLUTION #06-142
WHEREAS, Gail Moore began her career with Ingham County in June 1976 as a temporary Casework Aide and began her permanent full-time employment as a Casework Aide in September 1976 for the Ingham County Probate Court, currently known as Circuit Court, Family Division; and
WHEREAS, in July 1977, her position was changed to Foster Care Worker; and in January 1978, she began her part-time employment as Program Coordinator; and
WHEREAS, in March 1980, she left her employment with the County to attend the Master’s Program at Michigan State University, and in September 1985, she was re-hired with the Court to the shared full-time position of Child Welfare Worker; and
WHEREAS, in October 1989, her title changed to Juvenile Court Officer and she began her full-time employment in September 1993; and
WHEREAS, Gail Moore was one of the original staff who worked with the Court’s Summer Enrichment Program and Student Intern Program; and
WHEREAS, Gail Moore was a tremendous source of experience and knowledge in all matters relating to juvenile cases and to the administration of the Circuit Court, Family Division; and
WHEREAS, Gail Moore not only brought to her various positions in the Circuit Court, Family Division a dedication and commitment to serve the public, but she brought a sense of caring and compassion for those whom she helped; and
WHEREAS, Gail Moore will now have time to enjoy her family and many other interests; and
WHEREAS, Gail Moore has given the Ingham County Circuit Court, Family Division and the residents of Ingham County over 20 years of high quality service.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby honors Gail Moore for her many years of dedicated service to the County of Ingham and for the contributions she has made to the Circuit Court, Family Division.
BE IT FURTHER RESOLVED, that the Board of Commissioners wishes her continued success in all of her future endeavors.
JUDICIARY: Yeas: Weatherwax-Grant, Holman, Nolan, Bahar-Cook, Schafer, Dougan
Nays: None Absent: None Approved 5/11/06
Adopted as part of the consent agenda.
The following resolution was introduced by the Judiciary, County Services, and Finance Committees:
RESOLUTION AUTHORIZING ENTERING INTO A CONTRACT WITH AVI SYSTEMS FOR UPGRADES AND/OR PURCHASES FOR COURT RECORDING EQUIPMENT
RESOLUTION #06-143
WHEREAS, the Courts of Ingham County have demonstrated a need to either upgrade and/or purchase audio and/or video court recording equipment; and
WHEREAS, an Evaluation Committee was formed with representation from the 55th District Court, 30th Judicial Circuit Court, 30th Judicial Court – Juvenile Division, Probate Court, and the MIS and Purchasing Departments; and
WHEREAS, the Purchasing Department, with consultation and recommendation from the Evaluation Committee issued Request for Proposals for audio and video recording equipment; and
WHEREAS, upon review and consultation of the proposals received, the Evaluation Committee decided that it would be in the County’s best interest to purchase one unified system for all courts from AVI Systems; and
WHEREAS, the 30th Judicial Circuit Court recommends purchasing a new audio and video system for Judge Giddings’ Courtroom for $23,404.00, with annual preventative maintenance costs of $3,700.00; and
WHEREAS, the 30th Judicial Circuit Court Juvenile Division recommends purchasing a new audio system for its hearing rooms for $6,624.00, with annual preventative maintenance costs of $1,500.00; and
WHEREAS, the Probate Court recommends purchasing an audio system upgrade for log notes at a cost of $175.00, and annual preventative maintenance costs of $500.00; and
WHEREAS, the 55th District Court recommends purchasing three (3) audio systems for its two (2) courtrooms and one (1) hearing room for $19,872.00, and annual preventative maintenance costs of $1,500.00; and
WHEREAS, the 30th Judicial Circuit Court and the 55th District Court have funds approved in the Capital Improvement Plan for courtroom recording, and the Probate Court is in need of purchasing upgrades to its current system.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby authorizes entering into a contract with AVI Systems, 4575 44th Street, SE, Suite C, Grand Rapids, Michigan for the
purchase of new systems at a cost of $49,900.00, including an upgrade for log notes costs of $175.00 and annual preventative maintenance costs of $7,200.00.
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’s Office to make the necessary budget adjustments in the Ingham County Courts 2006 budget.
JUDICIARY: Yeas: Weatherwax-Grant, Holman, Nolan, Bahar-Cook, Schafer, Dougan
Nays: None Absent: None Approved 5/11/06
COUNTY SERVICES: Yeas: Schor, De Leon, Holman, Copedge, Severino, Vickers
Nays: None Absent: None Approved 5/16/06
FINANCE: Yeas: Thomas, Hertel, Grebner, Dedden, Weatherwax-Grant, Dougan
Nays: None Absent: None Approved 5/17/06
Adopted as part of the consent agenda.
The following resolution was introduced by the Judiciary and Finance Committees:
RESOLUTION AUTHORIZING THE COUNTY CONTROLLER TO PROCURE PROPERTY FOR THE CIRCUIT COURT’S CONTINUUM OF CARE FACILITY
RESOLUTION #06-144
WHEREAS, the Court has previously proposed that the County consider a Juvenile Assessment Center and a Continuum of Care Facility that would house and treat delinquent and disturbed youth in Ingham County; and
WHEREAS, as a result of the passage of the 2002 Juvenile Millage, Ingham County contracted with Chinn Planning, Inc. to provide recommendations and to develop an Action Plan for a Juvenile Justice Continuum of Care to appropriately treat delinquent and disturbed youth in Ingham County; and
WHEREAS, in its Action Plan, Chinn Planning, Inc. recommended that Ingham County build an Assessment Center as well as a Day Treatment/Night Reporting Center; and
WHEREAS, the Court, in conjunction with the Ingham County/City of Lansing Community Coalition for Youth, now proposes that the Assessment Center and the Day Treatment/Night Reporting parts of the Continuum of Care be combined into a single facility; and
WHEREAS, this facility will house a full scope of services (e.g., prevention, intervention, aftercare, and sanctions) and will include the following programs and services: Alternative Day School and After School Program, Family Assessment and Treatment Center, Substance Abuse Services, Mental Health Services, and Cristo Rey Community Center, among others; and
WHEREAS, with the assistance of CB Richard Ellis, Real Estate Broker, the County has identified Verlinden Elementary School, located at 609 N. Verlinden Street in Lansing, Michigan, as an optimal facility to house the Continuum of Care Facility; and
WHEREAS, the Facilities Department recommends that a preliminary analysis is needed of the school and that the cost to perform said analysis would be a fee not to exceed $2,500.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby authorizes the County Controller to engage in a dialogue with the seller for the potential purchase of the Verlinden Elementary School property at a cost most advantageous to the County.
BE IT FURTHER RESOLVED, that the purchase of the Verlinden Elementary School property is contingent upon a preliminary analysis conducted by Wigen, Tinckell, Meyer & Associates, an architectural and engineering firm hired by the Facilities Department at a cost not to exceed $2,500 and final approval from the Board of Commissioners.
BE IT FURTHER RESOLVED, that the Board of Commissioners authorizes the County Controller in cooperation with CB Richard Ellis to continue to evaluate other property sites compatible with the Court’s needs.
JUDICIARY: Yeas: Weatherwax-Grant, Holman, Nolan, Bahar-Cook, Schafer, Dougan
Nays: None Absent: None Approved 5/11/06
FINANCE: Yeas: Thomas, Hertel, Grebner, Dedden, Weatherwax-Grant, Dougan
Nays: None Absent: None Approved 5/17/06
Adopted as part of the consent agenda.
The following resolution was introduced by the Judiciary and Finance Committees:
RESOLUTION TO SUBMIT TO THE ELECTORATE A
JUVENILE MILLAGE RENEWAL QUESTION
RESOLUTION #06-145
WHEREAS, the Board of Commissioners desires to fund the continuing operation and enhancement of Ingham County’s capacity to detain and house juveniles who are delinquent or disturbed, and to operate new and existing programs for the treatment of such juveniles; and
WHEREAS, the Board of Commissioners wants to provide the financial stability necessary for sound planning through a long-term millage.
THEREFORE BE IT RESOLVED, that the following question be submitted to a vote of the electorate in the primary election to be held on August 8, 2006.
JUVENILE MILLAGE RENEWAL QUESTION
For the purpose of funding the continuing operation and enhancement of Ingham County’s capacity to detain and house juveniles who are delinquent or disturbed, and to operate new and existing programs for the treatment of such juveniles, at the same millage level previously approved by the voters in 2002, shall the constitutional limitation upon the total amount of taxes which may be assessed in one (1) year upon all property within the County of Ingham, Michigan, previously increased by 60/100 (.60) of one mill, $ .60 per thousand dollars of state taxable valuation, be continued and renewed for a period of five years (2007-2011) inclusive. If approved and levied in full, this millage will raise an estimated $4,386,218 for juvenile housing and programming purposes in the first calendar year of the levy based on taxable value.
YES [ ] NO [ ]
BE IT FURTHER RESOLVED, that this question is hereby certified to the County Clerk.
BE IT FURTHER RESOLVED, that the County Clerk is hereby directed to cause the proposal to be stated on the August 8, 2006 ballot and to be prepared and distributed in the manner required by law.
JUDICIARY: Yeas: Weatherwax-Grant, Holman, Nolan, Bahar-Cook, Schafer, Dougan
Nays: None Absent: None Approved 5/11/06
FINANCE: Yeas: Thomas, Hertel, Grebner, Dedden, Weatherwax-Grant, Dougan
Nays: None Absent: None Approved 5/17/06
Moved by Commissioner Weatherwax-Grant, supported by Commissioner Schafer to adopt the resolution. Motion carried on a roll call vote, with Commissioner Severino voting no, all others voting yes. Absent: Commissioner Thomas.
The following resolution was introduced by the Law Enforcement Committee:
RESOLUTION TO HONOR DR. JEROME GALLAGHER ON HIS RETIREMENT
RESOLUTION #06-146
WHEREAS, Dr. Jerome Gallagher, B.S., M.A., Ph.D. retired from County employment on April 14, 2006; and
WHEREAS, Dr. Gallagher was employed in 1989, as the Director of the Project Sentry Drug Testing Clinic, a position he has held until his retirement, and has served this community since 1971 as the Director of the Correctional Assessment and Treatment Services (CATS) Program, as the County Jail Mental Health Services Director, the East Lansing Court Diversion Program and the Comprehensive Substance Abuse Treatment Program; and
WHEREAS, Dr. Gallagher has been a pioneer at the National, State and local level in the field of drug testing to monitor offenders for drug and alcohol use in the community and;
WHEREAS, Dr. Gallagher is a nationally recognized expert in forensic toxicology receiving presidential and gubernatorial appointments to and serving on Congressional Advisory Commissions and Boards charged with the development of drug testing standards and strategies to address the problem of alcohol and substance abuse in our society; and
WHEREAS, Dr. Gallagher has served as a consultant to the Director of the National Drug Control Policy Office, the Governor’s Office on Drug Control Policy, the National Academy of Sciences and the National Institute of Medicine in Washington D.C., and the National Institute of Corrections; and
WHEREAS, Dr. Gallagher co-authored the American Medical Association National (accreditation) Standards for Health Care in Jails and has authored numerous publications on topics including high speed police pursuits, excessive force in law enforcement, drug abuse assessment and treatment, suicidal assessments in pre-trial detainees, the role of drug testing with court offenders, and the relationship between teen alcohol use and alcoholism; and
WHEREAS, Dr. Gallagher has utilized his knowledge, insight, and expertise to develop and maintain the highest quality drug testing services for this community through the Project Sentry Drug Testing Clinic and has provided un-refuted expert testimony in thousands of Michigan Federal, Circuit, Family, and District Court cases.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners thanks Dr. Gallagher for his services and acknowledges his many contributions to this community and expresses its wish for his continued success.
LAW ENFORCEMENT: Yeas: Nolan, Copedge, De Leon, Thomas, Schafer, Vickers
Nays: None Absent: None Approved 5/11/06
Moved by Commissioner Nolan, supported by Commissioner Schafer to adopt the resolution. Motion carried unanimously. Absent: Commissioner Thomas.
The following resolution was introduced by the Law Enforcement and Finance Committees:
RESOLUTION AUTHORIZING A CONTRACT WITH EAST LANSING FOR A NEW TRUNKED LOGGING RECORDER FOR THE 911 CENTER
RESOLUTION #06-147
WHEREAS, the Ingham County Board of Commissioners has established a 911 Emergency Telephone Dispatch Services Fund for Management and System Improvements to the County emergency dispatch system; and
WHEREAS, the East Lansing 911 Center has identified the need to replace an out of date and malfunctioning recorder; and
WHEREAS, the 911 Advisory Board is recommending that the Ingham County Board of Commissioners fund this request from the 911 Emergency Telephone Dispatch Services - 911 Fund for Management and System Improvements and have verified that it meets the standards as established by the Ingham County Emergency Telephone Services Policy.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes the expenditure of $31,133 from the 911 Fund from the Ingham County Public Safety Radio Communications System approved Budget as part of the upgrade of the Public Safety Radio Communications System in Ingham County for the East Lansing 911 Center trunked logging recorder.
BE IT FURTHER RESOLVED, that the Chairperson of the Ingham County Board of Commissioners and the County Clerk are authorized to sign any necessary contract documents for an approved vendor and a subcontract with East Lansing consistent with this resolution and approved as to form by the County Attorney.
LAW ENFORCEMENT: Yeas: Nolan, Copedge, De Leon, Thomas, Schafer, Vickers
Nays: None Absent: None Approved 5/11/06
FINANCE: Yeas: Thomas, Hertel, Grebner, Dedden, Weatherwax-Grant, Dougan
Nays: None Absent: None Approved 5/17/06
Adopted as part of the consent agenda.
The following resolution was introduced by the Law Enforcement Committee:
RESOLUTION APPRECIATING THE MOUNTED UNIT OF THE
INGHAM COUNTY SHERIFF’S OFFICE FOR THEIR SUPPORT OF THE YOUTH EDUCATION WAGON TRAIN
RESOLUTION #06-148
WHEREAS, the Youth Education Wagon Train is an educational equestrian program geared to serve at-risk youth in the Lansing School District; and
WHEREAS, the project serves as an incentive to encourage youth to improve their academic performance, develop skills that will assist them in all aspects of their lives, increase their understanding about life in America before the automobile and modern technology, and the significant role equine have played throughout our country’s history; and
WHEREAS, the ride is an authentic-covered wagon train ride, with horse and mule drawn wooden-wheel wagons, and outriders on horseback; and
WHEREAS, students also participate in all campsite activities including care of the animals, and food preparation and service, utilizing knowledge gained from the required pre-trip educational component; and
WHEREAS, more than 100 volunteers from across the State participate in the wagon train journey; and
WHEREAS, major financial support is derived from the Ingham County Sheriff’s Office Mounted Unit.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners wishes to thank the Ingham County Mounted Unit for their generous donation of both money and time and their interest in helping at-risk youth in Ingham County.
LAW ENFORCEMENT: Yeas: Nolan, Copedge, De Leon, Thomas, Schafer, Vickers
Nays: None Absent: None Approved 5/11/06
Moved by Commissioner Nolan, supported by Commissioner Schafer to adopt the resolution. Motion carried unanimously. Absent: Commissioner Thomas.
SPECIAL ORDERS OF THE DAY:
None.
PUBLIC COMMENT:
Franklin Curtis X, from Lansing, addressed the Board regarding the Ingham County Jail’s inmate release practices.
COMMISSIONER ANNOUNCEMENTS:
Commissioner Bahar-Cook announced that the Michigan Women’s Historical Center will be holding its 22nd annual picnic on June 14th from 5 to 7:30 p.m.
Commissioner Dougan recognized Joe Wilkins of Dansville and Helen Surateaux of Holt for being selected as Grand Marshalls of the Dansville Memorial Day Parade; Shirley Grieve of Delhi Township for being chosen as the United Way Volunteer of the Year; and Megan and Maddi Massa of Holt for their winning high school golf season.
Commissioner Dougan reminded everyone that the “Be a Tourist in Your Own Town” events will take place on June 3rd and encouraged everyone to attend.
CONSIDERATION AND ALLOWANCE OF CLAIMS:
Moved by Commissioner Hertel, supported by Commissioner Schafer to approve payment of the claims submitted by the County Clerk and the Financial Services Department in the amount of $9,990,840.09. Motion carried unanimously. Absent: Commissioner Thomas.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:57 p.m.
_______________________________________ ________________________________________________
VICTOR CELENTINO, CHAIRPERSON MIKE BRYANTON, INGHAM COUNTY CLERK
______________________________________________
Teresa Borsuk, Deputy Clerk