Board of Commissioners Rooms- Courthouse
Mason -7:30 p.m.
March 27, 2007
CALL TO ORDER:
The March 27, 2007 meeting of the Ingham County Board of Commissioners was called to order by Chairperson Thomas at 7:36 P.M. Roll was called and all Commissioners were present, except Commissioner Weatherwax-Grant.
PLEDGE OF ALLEGIANCE:
Bob Moore, Director of the Parks Department, led the Board in the Pledge of Allegiance and a few moments of silence were observed for meditation.
APPROVAL OF THE MINUTES OF MARCH 13, 2007:
Moved by Commissioner Nolan, supported by Commissioner Celentino to approve the Minutes of the March 13, 2007 meeting as submitted. Motion carried unanimously. Absent: Commissioner Weatherwax-Grant.
ADDITIONS TO THE AGENDA:
Commissioner De Leon reported that there would be a substitute for agenda item 6. The substitute was accepted by Chairperson Thomas, without objection.
Commissioner De Leon requested that agenda item 10 be pulled from the agenda. This was accepted by Chairperson Thomas, without objection.
PETITIONS AND COMMUNICATIONS:
Letter from the Department of Community Health regarding the appointment of Dean Sienko, M.D., M.S. as the Medical Health Officer for the Ingham County Health Department. 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 the Department of Human Services terminating contract #BA05-33001 effective April 14, 2007. Received and placed on file.
Letter from the Department of Human Services regarding Office of Child Support – fiscal year 2006 State Paternity Establishment results. Referred to the Judiciary Committee.
Resolution from Antrim County supporting Christine Atwood for the MAC Board member at large. Received and placed on file.
Letter from Commissioner Andy Schor tendering his resignation from the Tri-county Office on Aging Board. Accepted and placed on file.
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 7 and 18. Motion carried unanimously. Absent: Commissioner Weatherwax-Grant. Items on the consent agenda were adopted by a unanimous roll call vote. Absent: Commissioner Weatherwax-Grant. Items voted on separately are so noted in the Minutes.
COMMITTEE REPORTS AND RESOLUTIONS:
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION TO ENTER INTO A CONDITIONAL AGREEMENT WITH THE CITY OF LANSING FOR THE LEASE AND OPERATION OF THE POTTER PARK ZOO
AND POTTER PARK
RESOLUTION #07-058
WHEREAS, the Potter Park Zoo and Potter Park in Lansing is a regional attraction that draws most of its visitors from outside the City of Lansing, including a large number of Ingham County residents; and
WHEREAS, on April 11, 2006, City of Lansing Mayor Bernero submitted a written request to the Ingham County Board of Commissioners for long-term funding for the operational and capital needs of the Potter Park Zoo and Potter Park, specifically requesting that the Board of Commissioners authorize a special property tax Millage to be placed on the November 2006 ballot to support the operation of the Potter Park Zoo and Potter Park; and
WHEREAS, it is the intent of the County and the City of Lansing to maintain an accredited and fully licensed Zoo; and
WHEREAS, in response to the Mayor=s request, the County Board of Commissioners formed a City/County Zoo Task Force to explore options and discuss issues pertaining to County involvement with the Zoo; and
WHEREAS, on July 12, 2006, after having held numerous meetings and exploring various legal options, the Task Force recommended that Ingham County enter into a long-term agreement with the City of Lansing for the lease of the Potter Park Zoo and Potter Park, and the transfer of responsibility for operation and maintenance to Ingham County; and
WHEREAS, on July 25, 2006, the Ingham County Board of Commissioners passed a resolution of intent to enter into a conditional agreement with the City of Lansing for the lease and operation of the Potter Park Zoo and Potter Park (Resolution #06-181); and
WHEREAS, the agreement for the lease and the operation of the Potter Park Zoo and Potter Park was conditioned upon several items including voter approval of a county-wide property tax millage for Zoo funding and continued millage funding for the Zoo, and that the agreement must be signed and agreed to by both parties; and
WHEREAS, the electorate has now approved the Ingham County Potter Park Zoo and Potter Park Millage Question; and
WHEREAS, pursuant to Resolution #06-181 and Resolution #06-218, the Ingham County Board of Commissioners has directed the County Controller and County Attorney to negotiate an agreement, and the Controller and County Attorney are recommending the attached agreement be approved by the Ingham County Board of Commissioners; and
WHEREAS, Lansing Mayor Bernero is recommending the attached agreement be approved by the Lansing City Council.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes entry into the attached conditional agreement with the City of Lansing for the lease, operation, and maintenance of the Potter Park Zoo and Potter Park, for the period of July 1, 2007 through June 30, 2012 or until terminated due to reasons listed in the attached agreement.
BE IT FURTHER RESOLVED, that the Chairperson of the Ingham County Board of Commissioners and the County Clerk are authorized to sign any contract documents consistent with this resolution subject to the approval as to form by the County Attorney.
BE IT FURTHER RESOLVED, that after the signing of the attached agreement by Ingham County and the City of Lansing, Ingham County is authorized to expend funds generated by the Potter Park Zoo and Potter Park Millage for the lease and operation of the Park and the Zoo.
BE IT FURTHER RESOLVED, that a copy of this resolution be submitted to the Lansing City Council and Mayor.
COUNTY SERVICES: Yeas: De Leon, Tennis, Copedge, Nolan, Severino
Nays: None Absent: Dougan Approved 3/20/07
FINANCE: Yeas: Grant, Hertel, Soule, Dougan
Nays: None Absent: Grebner, Celentino Approved 3/21/07
Adopted as part of the consent agenda.
AGREEMENT
BETWEEN
COUNTY OF INGHAM
AND
CITY OF LANSING
FOR THE LEASE AND OPERATION OF
POTTER PARK AND POTTER PARK ZOO
THIS AGREEMENT, made and entered into this ______ day of ____________, 2006, by and between the COUNTY OF INGHAM, a political subdivision of the State of Michigan (hereinafter referred to as the “County”) and the CITY OF LANSING, a municipal corporation, organized and existing under the laws of the State of Michigan (hereinafter referred to as the “City”).
WHEREAS, the City has requested that the County provide funding for the operational and capital needs of Potter Park and the Potter Park Zoo (hereafter referred to respectively as “Potter Park” or the “Zoo” and collectively as the “Park and Zoo”), which funding is intended to be derived from the Ingham County Potter Park Zoo and Potter Park Millage (hereafter referred to as the “Special Zoo Millage”); and
WHEREAS, if there is funding available from the Special Zoo Millage, the County desires to lease and operate the Park and Zoo under the direction and control of the County Parks & Recreation Commission, and accept the transfer from the City of all Personal Property used for Park and Zoo operations and maintenance; and
WHEREAS, the City and the County are each municipal corporations as defined in MCL 124.1, and as such each is authorized to enter into this interlocal agreement providing for the operation and maintenance of any property, facility, or service that each has the power to own, operate, and maintain separately pursuant to MCL 124.2; and
WHEREAS, the City and the County find that the conditional transfer of operation and maintenance of the Park and Zoo will provide necessary municipal services and will be beneficial to the residents of both the City and the County,
NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained, IT IS HEREBY MUTUALLY AGREED, as follows:
I. CONDITIONAL LEASE. The City agrees to lease to the County real property located in the City of Lansing, Ingham County, Michigan, commonly known as Potter Park and the Potter Park Zoo, legally described as set forth in the legal description, attached and incorporated by reference as Schedule A, together with all improvements, buildings, fixtures and facilities (hereafter, the “Leased Premises”), subject to any easements, utilities, or restrictions or conditions of record. The County recognizes the ownership interest in and long-term financial commitment to the Park and Zoo by the residents of the City of Lansing. The City shall at all times remain the owner of the Leased Premises and all Capital Improvements (hereinafter “Capital Improvements” means a change to the buildings, structures, grounds, vegetation, fences, displays, housing, utilities, dimensions of the Zoo, roads, pathways, parking, or fixtures of the Park and Zoo, but does not include routine repair and maintenance) made during the term of this lease on the property. This Agreement is expressly contingent upon voter approval of the Special Zoo Millage, the County’s initial levy of the Special Zoo Millage, and continuing renewal of the Special Zoo Millage. City approval shall be necessary for anything that changes the fundamental nature or purpose of the Park and Zoo. At the commencement of the Lease Term, the City shall transfer possession of the Leased Premises in good order and condition, normal wear and tear excepted. As a condition of this Agreement, at the time of transfer, the Zoo must have current unconditioned accreditation through the American Zoo and Aquarium Association (hereafter, “AZA”).
II. TRANSFER OF PERSONAL PROPERTY AND ASSIGNMENT OF CONTRACTS. On July 1, 2007, the City transfers ownership and possession to the County without cost all personal property used primarily for Zoo operations and maintenance, including but not limited to the personal property set forth in Schedule B, attached and incorporated by reference (hereinafter, the “Personal Property”), together with any and all other personal property that is located on the leased premises. The Personal Property shall be “as is,” without any warranty or guarantee by the City. However, any manufacturer’s warranty or seller’s guarantee will be assigned by the City to the County to the extent otherwise permitted. The City shall only retain personal property utilized in Zoo operations within the Leased Premises which is specifically designated in Schedule C, attached and incorporated by reference. The County may sell or otherwise dispose of the Personal Property for the furtherance of Park and Zoo operations. The County shall maintain all Personal Property in good condition and repair, subject to any pre-existing conditions, and shall replace without cost to the City, from the proceeds of the Special Zoo Millage and/or other Zoo revenue, with items of good quality any of the Personal Property that becomes inoperable, obsolete, or unusable if such item is necessary for the operation of the Park and Zoo in the County’s reasonable discretion. However, whatever Personal Property remains at the time this Agreement expires or otherwise terminates, and any replacement Personal Property, shall be transferred back to City ownership and possession. The County and City will work cooperatively on transition of telephones, communication equipment, and titled vehicles. At the election of the County, the City shall assign to the County the current and pending contracts, licenses, or leases for goods and/or professional services necessary for Park and Zoo operation and maintenance which the County elects -- in writing and after review – to be assigned by the City. If the County elects to accept by assignment a contract, license, or lease, the City shall be released therefrom and the County shall assume any obligation to make payments thereon that accrue on or after July 1, 2007. The County shall make its elections in writing before May 1, 2007. The City shall take any such actions necessary to effectuate the assignment of contracts which the County elects be assigned.
III. TERM AND TERMINATION. The Lease Term shall commence at 12:01 a.m. on July 1, 2007, after this Agreement is fully signed by the authorized representatives of both the County and City, contingent upon voter approval of the Special Zoo Millage, and the initial levy of the Special Zoo Millage by Ingham County, and shall remain in effect through June 30, 2012 unless terminated earlier due to any of the following: (1) the Special Zoo Millage fails to gain voter approval, (2) the Special Zoo Millage is not levied by the County, or (3) notwithstanding any other provision of this Agreement to the contrary, either the County or the City may terminate this Agreement for any reason and at any time upon 365 days prior written notice to the other party. In the event of termination because the Special Zoo Millage fails, then termination shall be at 12:01 a.m. on the subsequent July 1. The County shall give the City 365 days notice of termination in the event the County elects not to levy the millage after the initial levy. Upon expiration of the initial 5 year lease term, and if the City and County do not renew the lease for an additional fixed term, the term of the lease shall automatically continue until terminated by the City or County under the circumstances/reasons set forth above.
IV. COMPENSATION AND PAYMENT. The County shall pay the City annual rent for the Leased Premises in the nominal amount of One Dollar ($1.00). As additional consideration, the County shall otherwise expend all funds necessary for the operation and maintenance of the Park and Zoo, not exceeding the total amount derived and received from the Special Zoo Millage, entrance and parking fees, rental fees, concessions, services offered to the public, souvenirs, grants and donations, all of which shall be expended or invested exclusively for Park and Zoo accreditation, operation, capital improvements and maintenance. In any e vent, the County’s maximum financial involvement shall not exceed the total amount derived from the millage as authorized by the voters, plus other Zoo revenues received by the County. Moneys received by the County from the Potter Park Zoological Society shall be expended according to a contract in effect at the time the moneys are received.
V. OPERATION AND MAINTENANCE OF THE ZOO. The City shall transfer responsibility for the operation and maintenance of the Park and Zoo to Ingham County, to be occupied, operated and maintained during the Lease Term solely for the operation of the Park and Zoo, and related and incidental purposes and programs, including but not limited to recreation, culture, conservation, education, research, and visitor services by the Ingham County Parks & Recreation Commission. The County shall have the authority to determine, in its sole discretion, the days and hours of Zoo operation, customer service performance standards, admission rates, policies, and all other similar operational matters, including complete authority as to the exhibits, programs, services, and to add to, change, alter, modify or eliminate capital improvements and fixtures, and to determine events presented, and all other matters related to the operation of the Zoo, provided, however, that the Zoo maintains its accreditation (hereafter, “Accreditation”) through the American Zoo and Aquarium Association (hereafter, “AZA”) and further provided that anything that changes the fundamental nature or purpose of the Park or Zoo requires City approval. The County shall maintain the Park and Zoo in a clean, safe, sanitary, and sightly condition as necessary to maintain all licenses. The County shall provide for Park and Zoo security to protect persons and property. The County shall periodically (a minimum of once a week) offer a discounted entrance rate for residents of Ingham County and the City of Lansing, which discounted rate shall also be made available to residents of those entities that contribute to the Park and Zoo through a millage. The County shall, at least once per calendar year, allow for free admission to the Zoo for County and/or City residents. The County shall recognize City Ownership of the Zoo on any new signage which identifies thereon the County’s management of the Zoo. The County shall keep the public portions of the Park and the Riverwalk open to the general public without cost, except that the County may charge fees for parking. The County shall be solely responsible for payment of all utilities, association fees, legally required permit fees, legally required licenses, taxes, assessments, inventory, fuel, and any and all other expenses associated with the operation and maintenance of the Park and Zoo during the term of this lease. Upon the termination of this Agreement, the City will continue to operate the Park and Zoo for park and recreation purposes, and responsibility for operations and maintenance of the Zoo will revert to the City. The County agrees to adhere to the terms of any contracts for Park and Zoo operations funded by grants obtained by the City prior to July 1, 2007. The City shall not enter into any additional grant-funded contracts for Park and Zoo operations extending beyond July 1, 2007, without the express approval of the County Board of Commissioners. The County shall have the authority to apply for grant funding in its name during the term of this lease. The City agrees to adhere to the terms of any contracts for Zoo operations funded by grants obtained by the County in the event of termination of this Agreement.
Attached and incorporated by reference with Schedule A are the three original conveyances of the Leased Premises to the City. The County agrees to abide by all terms and conditions of the conveyances in its operation of the Park and Zoo. Under no circumstances may the Park and Zoo’s name be changed from “Potter Park,” “Potter Park Zoo” or “Potter Park Zoological Gardens.”
VI. DEBT FINANCING. The County shall not issue any debt for Park and Zoo purposes, including Capital Improvements, without prior written approval of the City, if such debt is secured in any way by the Leased Premises.
VII. SOLICITATION OF PUBLIC AND PRIVATE FUNDING. The County may actively solicit governmental or non governmental grants, donations, or other funds for the support of the operation, maintenance, and purposes of the Park and Zoo. The City hereby agrees to use its reasonable efforts to assist the County in the solicitation of grants, donations, or other funds for the operation and maintenance of the Park and Zoo. The County shall be responsible for any required grant matches, to be paid from the proceeds of the Special Zoo Millage and/or other Zoo revenue received by the County during the term of this lease.
VIII. CAPITAL IMPROVEMENTS. The County may make such Capital Improvements as it determines necessary for the operation and maintenance of the Park and Zoo, the welfare of the Zoo animals, and to maintain licenses and AZA Accreditation. However, any Capital Improvements must be in conformity with the Master Site Development Plan for the Zoo, as may be amended from time to time by the County. The current Master Site Development Plan for the Zoo is set forth in Schedule D, attached and incorporated by reference. Any Capital Improvements must be in conformity with federal, state, and local laws, rules, and regulations, and the County must obtain all required permits at its expense. Title to all Capital Improvements, fixtures, equipment, additions, and other property shall be and remain the property of the City, subject to the operation and maintenance of the County during the term of this lease.
IX. ZOO ANIMALS. Zoo animals shall be transferred to the care of the County on July 1, 2007, and for the remainder of the term of the lease. The County shall assume all obligations the City may have with respect to animals exhibited, housed, or otherwise kept or cared for at the Zoo during the term of the lease. The County shall care for all Zoo animals in accordance with all federal, state, and local laws, rules, and regulations, and in accordance with the guidelines adopted by the AZA. The County shall have the authority to acquire or dispose of Zoo animals, by purchase, sale, donation, grant, or otherwise, as long as it acts in accordance with federal, state, and local laws, rules, and regulations, and the guidelines and policies of the AZA. The County shall maintain, consistent with AZA requirements, records pertaining to the care and management of Zoo animals. At the termination of the lease for any reason, the Zoo animals shall be transferred back to the care of the City and the City shall assume all obligations the County may have with respect to animals exhibited, housed, or otherwise kept or cared for at the Zoo, except that the City shall not assume any liability accruing or arising during the Lease Term.
X. ACCESS TO LEASED PREMISES AND AUDIT. The City reserves the right to inspect, either itself or by a duly authorized agent, the Leased Premises, or any portion, at any time upon reasonable notice to the County. The City shall have the right to inspect documents related to the Park and Zoo at any time upon reasonable notice to the County. The City, or its duly authorized agent, shall have the right to inspect the County’s annual audit of the Park and Zoo, including finances and operations.
XI. ASSIGNMENT AND SUBCONTRACTING. The County may assign all its rights, duties, and obligations under this Agreement to a regional governmental entity comprised of Ingham County and one or more other counties and/or municipalities, which includes the City.
The County may subcontract for the performance of the services or activities to be provided pursuant to this Agreement, provided it is in compliance with all appropriate collective bargaining contracts. Such assignment or subcontracting shall not relieve either party of any of its responsibilities to the other party (or assignee) under this Agreement. The County shall ensure that any subcontractor is properly insured for liability, including but not limited to Workers Compensation Insurance and liability insurance. The County shall keep the Leased Premises free of any liens or encumbrances.
XII. CREATION OF ZOO BOARD. The County shall create the Potter Park Zoo Board, for the purpose of reviewing Zoo operations, and to provide advice and recommendations to the County Parks & Recreation Commission, and other interested parties, including preparation of annual operations and capital improvements budgets, and the development of Zoo policies and procedures. The structure of the Zoo Board shall be determined by the County Board of Commissioners, but shall include (a) at least two representatives of Ingham County, (b) at least two representatives of the City of Lansing, to be selected by the City of Lansing, (c) at least one representative from the Potter Park Zoological Society, and (d) at least one ex-officio representative from other governmental entities interested in financially supporting the Zoo, provided that such entities pass a resolution of intent to place a zoo millage on their ballot. In the event the millage fails, said representative shall be removed from the Zoo Board. The Potter Park Zoo Board shall be subject to the Michigan Open Meetings Act.
XIII. ZOO EMPLOYEES. All City employees actively employed and working at (or on an approved Military, Personal, Jury Duty, Union Leave, or Family Medical Leave Act leave from) the Potter Park Zoo on July 1, 2007, who apply for employment with the County shall be hired to County employment at the Zoo (the “Former City Zoo Employees”). Employees shall be covered by a Memorandum of Understanding, County work rules, or the County’s Managerial Policy, whichever is applicable. All future Zoo employees during the lease term shall also be hired by the County (“Future Zoo Employees”), and shall be County employees, subject to applicable wages, benefits, and other conditions.
The County shall recognize UAW Local 2256 and Teamsters Local 580 as the bargaining units for each group. The County will not recognize any union/unit for representation of Zoo employees if such unit is not eligible for certification by the Michigan Employment Relations Commission (MERC). Any question with respect to representation shall be determined by MERC.
The County shall attempt to enter into memorandums of understanding with UAW Local 2256 and Teamsters Local 580 on or before July 1, 2007 relating to work rules for unit employees. The City acknowledges that the County will not assume, nor be bound by, the former collective bargaining agreements between any union, including UAW Local 2256 and/or Teamsters Local 580, and the City. The City also acknowledges that there has been no successorship agreements between the City and any Union which purports to require the County to assume the terms and obligations of any collective bargaining agreements. While the County does not assume any collective bargaining agreements; the County does agree to maintain as to Former City Zoo Employees the wages and benefits as in place as of November 3, 2006 (and as set forth in the attached Schedule E) and other conditions if legally required under Michigan Statutes, for each group of employees during the period the County is obligated to bargain to impasse, or until the County reaches a new collective bargaining agreement with the applicable group or groups, whichever shall first occur.
In addition, the County will not assume any liability for any complaint or action of a Zoo employee, including but not limited to grievances, unfair labor practices, unemployment claims, worker’s compensation claims or other administrative claims or legal actions by a Zoo employee, filed, or which is premised upon asserted acts or omissions which occurred, prior to the transfer of the Zoo to the County on July 1, 2007. The City will not assume any liability for any complaint or action of a Zoo employee, upon asserted acts or omissions which occurred, on or after July 1, 2007, and during the Lease Term, including but not limited to grievances, unfair labor practices, unemployment claims, worker’s compensation claims or other administrative claims or legal actions by a Zoo employee, filed, or which is premised upon asserted acts or omissions which occurred, on or after July 1, 2007 and during the Lease Term.
As set forth above, in negotiating the initial collective bargaining agreements, it is the intent of the County that the Former City Zoo Employees shall not be placed in any worse condition regarding wages. The County shall not be liable for any retiree health care benefits for Former City Zoo Employees except for the monthly payments to the City set forth in this Section. The County shall not be liable for any unfunded pension requirements accrued as of June 30, 2007. Upon execution of this Agreement the County shall enter into good faith union negotiations with respect to the bargaining units for each group.
The City shall transfer to the County designated plan and trust pension assets equal to the actuarial 100% fully funded present value of accrued pension liabilities as of June 30, 2007, for those Former City Zoo Employees hired by the County. The City shall provide such further and/or additional information or resolutions as may be required by MERS or the County. The County will thereafter establish with MERS such pension plan or plans providing Former City Zoo Employees hired by the County prior to July 1, 2007 with pension benefits no worse than those provided under the City of Lansing Employees’ Retirement System and shall provide for prior service credit. Future Zoo Employees hired after July 1, 2007 shall be placed in such plan as is negotiated with the applicable union or as is established by the County.
The City agrees that those eligible Former City Zoo Employees employed at Potter Park Zoo on July 1, 2007, and hired by the County, shall continue to be members of and covered by the terms of the City’s Retiree Health Care Plan as may be modified. All costs/liability for such Retiree Health Care Plan shall be borne exclusively by the City, except that for the duration of the transfer of operations to the County, the County shall remit to the City, on a monthly basis, a sum equal to the then existent and established County Retiree Benchmark for each former City Zoo employee who continues to be actively employed at the Zoo. Future Zoo Employees hired by the County during the Lease Term shall be exclusively governed by the County’s Retiree Healthcare policies and are not eligible for inclusion in the City’s Retiree Health Care Plan.
XIV. ZOO EMPLOYEES UPON TERMINATION OF AGREEMENT. If, on or after July 1, 2007, this Agreement is terminated for any reason, all County employees, actively employed and working at (or on an approved Military, Personal, Jury Duty, Union Leave, or Family Medical Leave Act leave from) the Potter Park Zoo on the date of termination, who apply for employment with the City shall be hired to City employment at the Zoo. The City may elect to not assume any collective bargaining agreement; however, the City agrees to maintain the wages and benefits and other conditions if legally required, for each group of employees during the period the City is obligated to bargain or until the City reaches a new collective bargaining agreement with the applicable group or groups, whichever shall first occur. Employees shall be covered by City work rules or the City’s Managerial Policy, if applicable. All future employees hired after the date of termination shall also be City employees, subject to applicable wages, benefits, and other conditions.
The City shall recognize the certified bargaining representatives as the bargaining units for each group. The City will not recognize any union/unit for representation of Zoo employees if such unit is not eligible for certification by the Michigan Employment Relations Commission (MERC). Any question with respect to representation shall be determined by MERC. To the extent provided by law, the County acknowledges, that if it so elects, the City will not assume, nor be bound by, the collective bargaining agreements between any union, and the County, and acknowledges that there has been no successorship agreements between the County and any Union which purports to require the City to assume the terms and obligations of any collective bargaining agreements. In addition, the City will not assume any liability for any complaint or action of a Zoo employee, including but not limited to grievances, unfair labor practices, unemployment claims, worker’s compensation claims or other administrative claims or legal actions by a Zoo employee, filed, or which is premised upon asserted acts or omissions which occurred, prior to the transfer of the Zoo to the City. The County will not assume any liability for any complaint or action of a Zoo employee, upon asserted acts or omissions which occurred, on or after the date of termination, including but not limited to grievances, unfair labor practices, unemployment claims, worker’s compensation claims or other administrative claims or legal actions by a Zoo employee, filed, or which is premised upon asserted acts or omissions which occurred, on or after the date of termination.
However, in negotiating the initial collective bargaining agreements, it is the intent of the City that the Zoo employees would not be placed in any worse condition regarding wages. Except as to the retiree healthcare liability for Former City Zoo Employees which is retained by the City, the City shall not be liable for any unfunded pension requirements, retiree health benefits, or other retiree benefits accrued prior to the date of termination.
The County shall transfer to the City designated plan and trust pension assets equal to the actuarial 100% fully funded present value of accrued pension liabilities from July 1, 2007 to the date of termination, for those former County Zoo employees hired by the City. The County shall provide such further and/or additional information or resolutions as may be required by the City’s Retirement System or the City. The City will thereafter establish with the City’s Retirement System such pension plan or plans providing former County Zoo employees hired by the City after the date of termination with pension benefits no worse than those provided under MERS and shall provide for prior service credit. Zoo employees hired after the termination date shall be placed in such plan as is negotiated with the applicable union or as is established by the City.
The City agrees that those eligible Former City Zoo Employees employed at Potter Park Zoo on June 30, 2007, and hired by the County and employed at the Zoo, shall continue to be members of and covered by the terms of the City’s Retiree Health Care Plan as may be modified.
All employees who were hired and employed at the Potter Park Zoo on and after July 1, 2007 through the termination date of this agreement and who apply for employment shall be hired by the City and shall be covered by the then existing City Retiree Health Care Plan. For Future Zoo Employees hired by the County after July 1, 2007 through the termination date of this agreement and who apply for employment and are hired by the City, shall be covered by a retiree health care plan no worse than the then-existing County health care plan. For Future Zoo Employees hired by the County on and after July 1, 2007 (who were not previously employed at the Zoo by the City) through the termination date of this agreement and who apply for employment and are hired by the City, the County shall transfer to the City designated plan and trust assets equal to the actuarial present value of accrued retiree health insurance liability accrued under the terms and conditions of the County’s retiree health care plan while such employees were employed by the County.
XV. INSURANCE. The County shall cause to be obtained and maintained adequate insurance coverage, paid from the proceeds of the Special Zoo Millage or other Zoo revenues received by the County. The County shall only be required to obtain and maintain the same casualty and general liability insurance coverage for the Park and Zoo as it does for its other County properties. The County shall also procure flood insurance. The County shall, on all insurance policies, list the City as an additional named insured, and provide the City with copies of the Certificates of Insurance. The County shall be responsible for any deductible or self-insured retention, paid from the proceeds of the Special Zoo Millage or other Zoo revenues received by the County.
XVI. COMPLIANCE WITH THE LAW. In performing the services and activities required under this Agreement and in fulfilling the terms, conditions, obligations, covenants, agreements, and stipulations of this Agreement, the County and the City shall comply with all applicable Federal, State and local laws.
The County shall not permit the illegal use or occupancy of the Leased Premises. The County shall obtain and maintain all required Federal, State, or local licenses or permits for operation and maintenance of the Park and Zoo. To the extent permitted by applicable law, the City shall transfer all licenses and permits it holds for operation of the Zoo to the County on July 1, 2007. In the event of termination of this Agreement for any reason, to the extent permitted by applicable law, the County shall transfer all such licenses and permits back to the City.
XVII. TERMINATION OF AGREEMENT. If, on or after July 1, 2007, this Agreement is terminated for any reason, title to all Personal Property used for operation or maintenance of the Park and Zoo, whenever acquired, shall remain in or revert to the City. The County shall remit to the City all non-Special Zoo Millage funds not expended but held by the County, as well as all Park and Zoo-related donations that are actually received after termination of this Agreement, and peaceably surrender and quit the Leased Premises together with all Capital Improvements, in good order and condition, normal wear and tear excepted. All Park and Zoo Personal Property shall revert to the City upon termination and become the property of the City. The Leased Premises and Personal Property shall be surrendered free and clear of all liens and encumbrances, except those arising prior to July 1, 2007. Upon termination for any reason, the City and County shall cooperate to the fullest reasonable extent in effecting the orderly and efficient transfer of the operation and maintenance of the Park and Zoo to the City.
XVIII. CIVIL RIGHTS. The City and the County mutually agree to adhere to all applicable Federal, State and local laws and regulations prohibiting discrimination. The City and County further agree that they shall not discriminate against an employee or applicant for employment with respect to hire, tenure, terms and conditions or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, sexual orientation, gender identity, political affiliation or beliefs, disability which is unrelated to the individual’s ability to perform the duties of a particular job or position, height, weight or marital status. A breach of this covenant shall be regarded as a material breach of this Agreement.
XIX. LIABILITY.
A. All liability to third parties, loss or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the City in the performance of this Agreement shall be the responsibility of the City, and not the responsibility of the County, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of the City, any subcontractor, or anyone directly or indirectly employed by the City, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the City or its employees by statutes or court decisions.
B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the County in the performance of this Agreement shall be the responsibility of the County and not the responsibility of the City if the liability, loss, or damage is caused by, or arises out of, the action or failure to act on the part of the County, any subcontractor, or anyone directly or indirectly employed by the County, provided that nothing herein shall be construed as a waiver of any governmental immunity by the County or its employees as provided by statute or court decisions.
C. In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by the County and the City in fulfillment of their responsibilities under this Agreement, such liability, loss, or damage shall be borne by the County and the City in relation to each party’s responsibilities under these joint activities provided that nothing herein shall be construed as a waiver of any governmental immunity by the County, the City or their employees, respectively, as provided by statute or court decisions.
D. Any claims, liabilities, loss or damage, lawsuits, or judgments arising out of activities by the County and/or Park and Zoo during the Lease Term shall be the sole and exclusive responsibility of the County.
E. On and before July 1, 2007, and for so long as the Dakin Street Bridge remains, the City shall ensure that the Dakin Street bridge is maintained in a safe condition for the County’s use for emergency Zoo purposes and in compliance with AZA requirements. In the event that the City decides to provide another adequate and alternate emergency access, it may do so provided that the alternate emergency access meets AZA compliance requirements and complies with all Federal, State and/or local requirements. Such adequate and alternative access may include -- if it meets Federal, State, local and AZA requirements -- a grade level crossing and may be at an alternate location mutually agreed to by the City and County. Bridge maintenance, removal, demolition, or replacement expenses shall not be borne by the County, nor shall the County bear any cost for any adequate and alternate emergency access. If the City fails to timely provide such adequate and alternative emergency access prior to the Dakin Bridge becoming unusable for AZA compliance purposes, the County may -- but is not required to -- provide for and construct such adequate and alternative emergency access, and the City shall reimburse the County for all expenses incurred in providing such alternative emergency access.
XX. ENVIRONMENTAL LIABILITY.
A. Prior to July 1, 2007 and subject to the County’s reasonable satisfaction, the City, on the County’s behalf and at the City’s expense, shall retain an environmental consultant to conduct a baseline environmental analysis (“BEA”) for the Zoo sufficient to provide the County with the protection set forth in § 324.20216(1)(c) of the Michigan Compiled Laws, which BEA will be submitted to the Department of Environmental Quality (Hereinafter, “DEQ”). The City will also work with the County to obtain a comfort letter from the United States Environmental Protection Agency indicating in a manner reasonably acceptable to the County that the County’s lease will not render it liable pursuant to either the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. or the Resource Conservation and Recovery Act, 42 U. S. C. § 6901 et seq., subject to reasonable requirements such as the County not impeding the performance of environmental response actions or disturbing institutional controls that may be applicable to the Park and Zoo. If satisfying the requirements of this section requires an extension beyond July 1, 2007, the City and County agree to extend the effective date as necessary to provide a reasonable amount of time to satisfy the requirements. If the City is unable to reasonably satisfy the requirements of this Section within a reasonable time, either party shall have the option to terminate this Agreement, with termination being the sole remedy for failure to satisfy the requirements of this Section.
B. From and after July 1, 2007, the City shall defend, indemnify and hold the County harmless from and against all loss, cost, claim, obligation, damage, liability, payment, fine, penalty, cause of action, judgment, lien or expense, including but not limited to, reasonable attorneys’ fees and other litigation expenses alleged by any third party including, without limitation, by DEQ, EPA or any other governmental authorities, that may arise during the Lease Term related to or arising out of (i) environmental contamination on the Leased Premises in existence as of July 1, 2007; or (ii) any liability or obligation of the City arising out of the City’s ownership or operation of the Leased Premises prior to July 1, 2007; or (iii) the remediation or any other acts in connection with the environmental site closure on the Leased Premises or required to be performed by the DEQ, the EPA, or any other governmental agency having jurisdiction so as to close the site in accordance with all applicable environmental laws as the result of environmental contamination on the Leased Premises in existence as of July 1, 2007.
C. From and after July 1, 2007, the County shall release and hold the City harmless from and against all loss, cost, claim, obligation, damage, liability, payment, fine penalty, cause of action, judgment, lien or expense, including but not limited to, reasonable attorneys’ fees and other litigation expenses alleged by any third party including, without limitation, by DEQ, EPA or any other governmental authorities, that may arise during the Lease Term related to or arising out of (i) environmental contamination on the Leased Premises caused by the County during the Lease Term or exacerbation caused by the County during the Lease Term of any contamination in existence prior to July 1, 2007; (ii) the interference by the County with any remediation or the exacerbation of any contamination; (iii) any liability or obligation of the County arising out of the County’s possession or operation of the Leased Premises on or after July 1, 2007; or (iv) the remediation or any other acts in connection with the environmental site closure on the Leased Premises or required to be performed by the DEQ, the EPA, or any other governmental agency having jurisdiction so as to close the site in accordance with all applicable environmental laws as the result of environmental contamination on the Leased Premises in existence on or after July 1, 2007.
XXI. NOTICES. All notices given hereunder shall be in writing and delivered personally or by certified mail to the address given below, unless a new address is provided in writing.
If to County:
Director
Ingham County Parks Department
121 E. Maple St.
P.O. Box 178
Mason, MI 48854
and
County Controller
Courthouse
Mason, MI 48854
and
County Attorney
601 N. Capitol Ave.
Lansing, MI 48933
If to City:
City of Lansing
Director of Department of Parks and Recreation
318 North Capitol Ave.
Lansing, MI 48933
and
Lansing City Attorney
124 W. Michigan Ave.
5th Floor
Lansing, MI 48933
XXII. WAIVERS. No failure or delay on the part of either of the parties to this Agreement in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege.
XXIII. AGREEMENT MODIFICATIONS. This Agreement contains all the agreements of the parties relating to the Park and Zoo and all modifications to this Agreement must be mutually agreed upon by the City and the County, and incorporated into written amendments to this Agreement after approval by the City Council and the County Board of Commissioners, and signed by their duly authorized representatives.
XXIV. DISREGARDING TITLES. The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement.
XXV. COMPLETE AGREEMENT. This Agreement, including the attached Schedules, contains all of the terms and conditions agreed upon by the parties hereto and no other agreements, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the parties hereto.
XXVI. SEVERABILITY. If any part of this Agreement is found by a Court or Tribunal of competent jurisdiction to be invalid, unconstitutional or beyond the authority of either party to enter into or carry out, such part shall be deemed deleted and shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect. If the removal of such provision would result in the illegality and/or unenforceability of this Agreement, this Agreement shall terminate as of the date in which the provision was found invalid, unconstitutional or beyond the authority of the parties.
XXVII. CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT. The persons signing this Agreement on behalf of the parties hereto certify by their signatures that they are duly authorized to sign on behalf of said parties and that this Agreement has been authorized by said parties.
IN WITNESS WHEREOF, the authorized representatives of the parties hereto have fully executed this instrument on the day and year first above written.
WITNESSED BY: COUNTY OF INGHAM
______________________________ ________________________________
Marc O. Thomas, Chairperson
Date: _________________________ County Board of Commissioners
______________________________ ________________________________
Mike Bryanton, County Clerk
Date: _________________________
CITY OF LANSING
______________________________ ________________________________
Virgil Bernero, Mayor
Date: _________________________
APPROVED AS TO FORM ONLY FOR INGHAM COUNTY
COHL, STOKER, TOSKEY & McGLINCHEY, P.C.
By: ________________________________
Peter A. Cohl
APPROVED AS TO FORM ONLY FOR THE CITY OF LANSING:
By: ________________________________
Brigham Smith, City Attorney
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION TO APPROVE A DEFICIT ELIMINATION PLAN
FOR THE DRAIN GIS STUDY FUND
RESOLUTION #07-059
WHEREAS, an accounting deficit of $346,861 exists in the Drain GIS Study Fund as of December 31, 2006; and
WHEREAS, a Deficit Elimination Plan must be approved by the County Board of Commissioners and filed with the State of Michigan Local Audit Division.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners adopts the following as the Ingham County Drain GIS Fund Deficit Elimination Plan:
|
|
2007 |
2008 |
2009 |
2010 |
2011 |
2012 |
|
Fund Balance (Deficit) January 1 |
$(346,861) |
$(215,861) |
$(170,861) |
$(125,861) |
$(80,861) |
$(35,861) |
|
Special Assessment Revenues |
131,000 |
45,000 |
45,000 |
45,000 |
45,000 |
35,861 |
|
Fund Balance (Deficit) December 31 |
$(215,861) |
$(170,861) |
$(125,861) |
$(80,861) |
$(35,861) |
0 |
BE IT FURTHER RESOLVED, that the Ingham County Controller/Administrator will submit the Deficit Elimination Plan to the Department of Treasury for certification.
COUNTY SERVICES: Yeas: De Leon, Tennis, Copedge, Nolan, Severino
Nays: None Absent: Dougan Approved 3/20/07
FINANCE: Yeas: Grant, Hertel, Soule, Dougan
Nays: None Absent: Grebner, Celentino Approved 3/21/07
Moved by Commissioner De Leon, supported by Commissioner Celentino to adopt the resolution. Motion carried unanimously. Absent: Commissioner Weatherwax-Grant.
The following resolution was introduced by the County Services Committee:
RESOLUTION APPROVING THE APPOINTMENT OF THOMAS EDMAN
AS THE MANAGER OF THE INGHAM COUNTY FAIR
RESOLUTION #07-060
WHEREAS, the position of Fair Manager is currently vacant; and
WHEREAS, the Ingham County Fair Board working with the Ingham County Human Resources Department solicited applications, and interviewed candidates; and
WHEREAS, the Ingham County Fair Board has selected Thomas Edman to be the new Fair Manager.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners approves the appointment of Thomas Edman.
BE IT FURTHER RESOLVED, Mr. Edman’s appointment will take effect on April 16, 2007 at Step 2 of the Managerial and Confidential Compensation Plan, Grade MCF 12 MANAGER, $66,735.00.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners wishes Thomas Edman well as he assumes his new duties.
COUNTY SERVICES: Yeas: De Leon, Tennis, Copedge, Nolan, Severino, Dougan
Nays: None Absent: None Approved 3/20/07
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services Committee:
RESOLUTION TO ADOPT THE
INGHAM COUNTY PARKS FACILITY MASTER PLAN
RESOLUTION #07-061
WHEREAS, in 2001, the Ingham County Board of Commissioners adopted a revised County Parks Master Plan for Ingham County; and
WHEREAS, the Parks Facility Master Plan is intended to provide general guidelines for the orderly development of the County Park system; and
WHEREAS, in order to remain eligible for state and federal grant programs it is necessary that the Parks Facility Master Plan be updated every five years; and
WHEREAS, the Ingham County Parks & Recreation Commission recommends to the Ingham County Board of Commissioners that the 2007-2011 Ingham County Parks Facility Master Plan be approved.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners adopts the 2007-2011 Ingham County Parks Facility Master Plan as presented by the Ingham County Parks & Recreation Commission.
BE IT FURTHER RESOLVED, that the goals and objectives for 2007 through 2011, as stated in the Master Plan, shall be construed as desirable goals only with no implied commitment on the part of the Board of Commissioners to fund any particular recommendation contained therein.
COUNTY SERVICES: Yeas: De Leon, Tennis, Copedge, Nolan, Severino, Dougan
Nays: None Absent: None Approved 3/20/07
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION RECLASSIFYING THE BOARD COORDINATOR POSITION TO THE MANAGERIAL 11 CLASSIFICATION
RESOLUTION #07-062
WHEREAS, some of the duties of the Board Coordinator position have changed which would now make it better suited in the Managerial Classification; and
WHEREAS, the Human Resources Department has evaluated these changes, and recommends that the Board Coordinator position be changed to the Managerial 11 Salary Level ($59,383 - $71,277).
THEREFORE BE IT RESOLVED, that the Board of Commissioners hereby approves reclassifying the Board Coordinator position to a Managerial 11 Level, effective upon passage of this Resolution.
COUNTY SERVICES: Yeas: De Leon, Tennis, Copedge, Nolan, Severino, Dougan
Nays: None Absent: None Approved 3/20/07
FINANCE: Yeas: Grant, Hertel, Soule, Dougan
Nays: None Absent: Grebner, Celentino Approved 3/21/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services Committee:
RESOLUTION MAKING AN APPOINTMENT TO THE VETERANS AFFAIRS COMMITTEE
RESOLUTION #07-063
WHEREAS, a vacancy will exist on the Veterans Affairs Committee due to the expiration of a term; and
WHEREAS, the Human Services Committee interviewed the applicants interested in serving on this Committee.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby appoints
Earl Van Riper, 1960 Maple Shade, Williamston, 48895
to the Veterans Affairs Committee, as the Vietnam Era representative, to a term expiring May 8, 2011.
HUMAN SERVICES: Yeas: Hertel, Bahar-Cook, Schor, Severino
Nays: None Absent: Grebner, Tennis Approved 3/19/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services and Finance Committees:
RESOLUTION TO ACCEPT A GRANT FROM MICHIGAN STATE UNIVERSITY TO ESTABLISH A LEARN AND SERVE AMERICA PEER MENTORING PROJECT OPERATED BY MSU EXTENSION 4-H YOUTH DEVELOPMENT
RESOLUTION #07-064
WHEREAS, the Ingham County MSU Extension 4-H Youth Development program has been awarded a Learn and Serve America grant from Michigan State University; and
WHEREAS, the amount of the grant is $15,000, with a 100% in-kind match required from the local grantee; and
WHEREAS, the Ingham County MSU Extension Office has identified $15,000 in in-kind matching funds; and
WHEREAS, the Ingham County MSU Extension Office is serving as the fiduciary agent; and
WHEREAS, the following budget has been established:
Temporary Employment: $9,800
Fringe: $ 980
Travel, Supplies and Field Trips: up to $4,220
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners approves the acceptance of the “Learn and Serve America” grant from Michigan State University (MSU) for a total project cost of $30,000 of which $15,000 is the MSU grant and $15,000 is the local required in-kind match, for the time period of September 1, 2006 through September 30, 2007.
BE IT FURTHER RESOLVED, the Ingham County MSU Extension will program with the “Learn and Serve America” grant to provide a Peer Mentoring program between students of Otto Middle School and Gier Park Elementary School in the City of Lansing.
BE IT FURTHER RESOLVED, that the County Extension Director is authorized to sign the necessary contract documents consistent with this resolution and approved as to form by the County Attorney.
BE IT FURTHER RESOLVED, that the County Controller be authorized to amend the 2007 Ingham County budget for MSU Extension consistent with this resolution.
HUMAN SERVICES: Yeas: Hertel, Bahar-Cook, Schor, Severino
Nays: None Absent: Grebner, Tennis Approved 3/19/07
FINANCE: Yeas: Grant, Hertel, Soule, Dougan
Nays: None Absent: Grebner, Celentino Approved 3/21/07
Adopted as part of the consent agenda.
The following introduced by the Human Services and Finance Committees:
RESOLUTION TO EXECUTE A SECOND AMENDMENT TO THE SERVICE AGREEMENT WITH PATRIOT SERVICES CORPORATION TO INCLUDE ADDITIONAL PANDEMIC INFLUENZA PLANNING AND EXERCISE REQUIREMENTS
RESOLUTION #07-065
WHEREAS, the Ingham County Health Department (ICHD) has been awarded a one-time grant to implement pandemic influenza planning as required by the U.S. Department of Homeland Security and the Michigan Department of Community Health; and
WHEREAS, the County issued a service agreement with Patriot Services Corporation, after issuing a Request for Proposal, to assist the Health Department with a Continuity of Operations Plan (COOP); and
WHEREAS, the Board of Commissioners authorized an amendment to the COOP agreement for $24,700 so that Patriot Services Corporation could provide assistance to the ICHD for pandemic influenza planning and training activities; and
WHEREAS, the U.S. Department of Homeland Security and the Michigan Department of Community Health has added additional planning and exercise requirements to the pandemic influenza planning grant; and
WHEREAS, the Health Officer recommends that the Board of Commissioners authorize a second amendment to the service agreement with Patriot Services Corporation to include these additional requirements; and
WHEREAS, the Ingham County Board of Commissioners authorized the original agreement through Resolution #06-229 and the first amendment to the agreement with Patriot Services Corporation through a Contract Authorization Form.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes a second amendment to the Patriot Services Corporation up to $32,800 for the additional services related to the pandemic influenza planning grant.
BE IT FURTHER RESOLVED, that the pandemic influenza preparedness budget has the funds to support these additional services.
BE IT FURTHER RESOLVED, that the second amendment shall extend the term of the agreement through September 30, 2007.
BE IT FURTHER RESOLVED, that the Board of Commissioners Chairperson is authorized to sign the amendment after review by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Bahar-Cook, Schor, Severino
Nays: None Absent: Grebner, Tennis Approved 3/19/07
FINANCE: Yeas: Grant, Hertel, Soule, Dougan
Nays: None Absent: Grebner, Celentino Approved 3/21/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services and Finance Committees:
RESOLUTION APPOINTING CURTIS A. LIECHTY, M.D. AS A DEPUTY MEDICAL EXAMINER AND TO AUTHORIZE A CONTRACT
RESOLUTION #07-066
WHEREAS, the Ingham County Board of Commissioners under the authority of Public Act 181 of 1953, as amended, is responsible for appointing the County Medical Examiner, and with the approval of the Medical Examiner, may appoint Deputy Medical Examiners; and
WHEREAS, the Board of Commissioners has granted authority to contract with the physicians appointed as Deputy Medical Examiners, and has set out certain contractual terms and conditions including the term of office and method and rate of compensation in Resolutions #03-273 and #03-274; and
WHEREAS, the Ingham County Board of Commissioners has appointed Dean G. Sienko, M.D. as the Medical Examiner in Ingham County to a term expiring December 31, 2007; and
WHEREAS, Dr. Sienko is requesting that the Board of Commissioners hereby appoint Curtis A. Liechty, M.D. as a Deputy Medical Examiner.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby appoints Curtis A. Liechty, M.D., 1130 Farwood Drive, East Lansing, Michigan 48823, as a Deputy Medical Examiner to a term of office expiring December 31, 2007, subject to the terms and conditions set out in Resolutions #03-273 and
#03-274.
BE IT FURTHER RESOLVED, that the Board of Commissioners authorizes a contract with Dr. Liechty subject to the terms and conditions set out in Resolutions #03-273 and #03-274.
BE IT FURTHER RESOLVED, that the Board Chairperson is authorized to sign the contract after review by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Bahar-Cook, Schor, Severino
Nays: None Absent: Grebner, Tennis Approved 3/19/07
FINANCE: Yeas: Grant, Hertel, Soule, Dougan
Nays: None Absent: Grebner, Celentino Approved 3/21/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Judiciary and Finance Committees:
RESOLUTION TO AUTHORIZE INCREASE IN FUNDING FOR STAFF POSITIONS TO THE COMMUNITY COALITION FOR YOUTH FOR THE 2007 FISCAL YEAR
RESOLUTION #07-067
WHEREAS, the Ingham County/City of Lansing Community Coalition for Youth (CCY) known formerly as the Youth Violence Prevention Coalition (YVPC) was established in 1994 by the Mayor of Lansing and the Ingham County Board of Commissioners in response to concerns regarding increases in crime and violence by and towards children; and
WHEREAS, the Ingham County Board of Commissioners has
adopted Resolution #02-194 to appoint the CCY as an Advisory Board to Ingham
County regarding the prevention and treatment of delinquency; and
WHEREAS, the CCY Coordinator’s responsibilities have expanded over time and grant funds partially funding this position expire in August 2007; and
WHEREAS, the Community Coalition for Youth requests $10,000 from the Contingency Fund to be matched, dollar for dollar, with funding from the City of Lansing to continue Coalition initiatives through December 31, 2007; and
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes a contract with the City of Lansing to equally share funding of CCY staff, not to exceed $33,800. Ingham County’s share will be up to $16,900, matched dollar for dollar with the City’s contribution to increase CCY staff hours at the current rate of pay not to exceed $33,800 for the 2007 fiscal year.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes the Controller to transfer $10,000 for this purpose out of the 2007 Contingency Fund to the Cooperative Extension’s 2007 Budget.
BE IT FURTHER RESOLVED, that the CCY Coordinator and Project Assistant’s expanded work duties will include:
More complete oversight of the 3 existing CCY grants;
Writing new proposals to further the CCY's work;
Overseeing any new grant awards;
Supervising temporary grant-funded CCY staff; and
Continue on-going work on the Continuum of Care initiative.
BE IT FURTHER RESOLVED, that the Chairperson of the Ingham County Board of Commissioners and the County Clerk are authorized to sign any necessary contracts with the City of Lansing consistent with this resolution and approved as to form by the County Attorney.
JUDICIARY: Yeas: Bahar-Cook, Schor, Grant, Holman, Nolan
Nays: None Absent: Schafer Approved 3/15/07
FINANCE: Yeas: Grant, Hertel, Soule, Dougan
Nays: None Absent: Grebner, Celentino Approved 3/21/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Judiciary and Finance Committees:
RESOLUTION TO APPROPRIATE FUNDS FROM THE JUVENILE JUSTICE
MILLAGE MONEY FOR THE IMPACT SYSTEM OF CARE AND TO AMEND THE 2006/2007 CHILD CARE FUND BUDGET
RESOLUTION #07-068
WHEREAS, IMPACT System of Care is a community-based intensive in-home program; and
WHEREAS, IMPACT serves youth considered to have Serious Emotional Disturbances (SED) as determined by a mental health screening assessment tool; and
WHEREAS, the IMPACT program will provide mental health treatment services, wraparound services, and a Family Advocate to youth and families in the Court who meet the criteria with the goal of preventing out-of-home placement; and
WHEREAS, in the Fall of 2006, a Letter of Agreement was signed by several community agency representatives as well as the Chairperson of the Board of Commissioners, the Presiding Judge of the Family Division, the Department of Human Services, and Community Mental Health, exemplifying this initiative as a collaborative effort in Ingham County; and
WHEREAS, the sustainability of IMPACT includes fee for services for Court youth at a rate of $8,121 per Court youth for 12 months of services; and
WHEREAS, a request is made for $471,920 from the Juvenile Justice Millage funds, understanding a 50/50 match from the State will occur as this program is Child Care Fund eligible.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorize a appropriation of $471,920 from the Juvenile Justice Millage Fund to the IMPACT System of Care line item in the Juvenile Division CCF budget with the following budget adjustments to the Circuit Court – Family Division 2006/2007 Child Care Fund Budget:
Revenues:
292 66226 699264 JJM Line item $471,920
292 66226 678000 State CCF 471,920
CCF Total $943,840
Expenses:
292 66226 818000 Community Programs/Services $943,840
BE IT FURTHER RESOLVED, that the Controller is directed to make the necessary budgetary transfers within the 2006/2007 Child Care Fund Budget.
BE IT FURTHER RESOLVED, that the Chairperson of the Ingham County Board of Commissioners and the County Clerk are authorized to sign any budget amendment/contract documents as prepared by or approved as to form by the County Attorney consistent with this resolution.
JUDICIARY: Yeas: Bahar-Cook, Schor, Grant, Holman, Nolan
Nays: None Absent: Schafer Approved 3/15/07
FINANCE: Yeas: Grant, Hertel, Soule, Dougan
Nays: None Absent: Grebner, Celentino Approved 3/21/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Law Enforcement and Finance Committees:
RESOLUTION TO AUTHORIZE CONTINUATION OF
PROJECT SENTRY THROUGH JUNE OF 2007
RESOLUTION #07-069
WHEREAS, the County budget contains sufficient funds to fully fund the present operations through the remainder of 2007; and
WHEREAS, the 2007 Budget stipulated that the current program would continue through March of 2007, contingent on a Request for Proposal process being conducted to determine if there is a better way to provide the services at a lower cost to the County; and
WHEREAS, the RFP process is ongoing with three proposals being reviewed by an evaluation team of criminal justice agencies that use the services.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorize continuation of the current operations of Project Sentry through June of 2007.
BE IT FURTHER RESOLVED, that the Controller is directed to complete the evaluation process and to report back to the Board of Commissioners on a recommendation on the acceptance or rejection of these Proposals within this time frame.
LAW ENFORCEMENT: Yeas: Copedge, Soule, Celentino, De Leon, Holman
Nays: None Absent: Schafer Approved 3/15/07
FINANCE: Yeas: Grant, Hertel, Soule, Dougan
Nays: None Absent: Grebner, Celentino Approved 3/21/07
Moved by Commissioner Copedge, supported by Commissioner Hertel to adopt the resolution.
Moved by Commissioner Dougan, supported by Commissioner Nolan to amend the resolution to have the staff review and recommendation completed by April 30. Motion to amend failed, with Commissioners Dougan, Grebner, Nolan and Thomas voting yes, all others voting no. Absent: Commissioner Weatherwax-Grant.
The motion to adopt the resolution carried unanimously. Absent: Commissioner Weatherwax-Grant.
The following resolution was introduced by the Law Enforcement Committee:
RESOLUTION HONORING SERGEANT LARRY HARRISON
RESOLUTION #07-070
WHEREAS, Larry Harrison began his employment with the Ingham County Sheriff’s Office on March 8, 1982 as a Corrections Officer, and in December of 1983, he left the jail to begin working with Delhi Township as an Ingham County Deputy Sheriff, a position he held through 1990; and
WHEREAS, in January of 1990, he worked as a Deputy Sheriff with the Ingham County Sheriff's Office in a number of different capacities such as community policing officer in Alaiedon Township and the Village of Stockbridge, he also worked in Tri-County Metro Narcotics investigating large scale drug dealers; and
WHEREAS, in 1996 Deputy Harrison was promoted to the rank of Detective working major cases such as homicides, armed robberies, home invasions to name a few; and
WHEREAS, in 1997 he was promoted to the rank of Sergeant and worked as the night shift supervisor, corrections supervisor, K-9 supervisor, and later transferred to the position of Detective Sergeant overseeing major cases; and
WHEREAS, his most memorable case was the Janette Kirby homicide, Sergeant Harrison was able to work on and oversee this cold case investigation which led to the conviction of David Draheim for this senseless murder; and
WHEREAS, on January 12, 2005, he was the incident commander of the largest recorded accident in the State of Michigan and believed to be the largest recorded in the nation, when over 200 cars were involved in an accident on I-96 with two fatalities; and
WHEREAS, Sergeant Harrison is currently the coordinator for the Tri-County Sex Offender unit for the Ingham County Sheriff's Office, keeping track of over one hundred fifty sex offenders monitoring their movements and seeking warrants when necessary; and
WHEREAS, during his career he has received the Employee of the Year award in 2004, four meritorious service awards, twelve unit citations and numerous letters of appreciation; and
WHEREAS, Sergeant Larry Harrison is retiring from his position.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby honors Sergeant Larry Harrison for his many years of dedicated service to the Ingham County Sheriff’s Office and the citizens of Ingham County.
LAW ENFORCEMENT: Yeas: Copedge, Soule, Celentino, De Leon, Holman
Nays: None Absent: Schafer Approved 3/15/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Law Enforcement and Finance Committees:
RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH THE MICHIGAN DEPARTMENT OF CORRECTIONS FOR
INGHAM COUNTY/CITY OF LANSING COMMUNITY CORRECTIONS
FOR FISCAL YEAR 2006-2007
RESOLUTION #07-071
WHEREAS, the Michigan Community Corrections Act of 1988 (PA511) authorizes the establishment of a Community Corrections Advisory Board (CCAB) and Community Corrections programming; and
WHEREAS, Ingham County and the City of Lansing formed a joint CCAB in 1990; and
WHEREAS, a Comprehensive Community Corrections Plan was approved by the Ingham County Board of Commissioners, the Lansing City Council, and the State Office of Community Corrections; and
WHEREAS, PA511 requires submission of an annual application that identifies priorities, strategies, and programs for the upcoming State fiscal year; and
WHEREAS, the State advised that it would not continue to fund the Community Service Program that was requested in the FY 2006-2007 application; and
WHEREAS, a contract was entered into with the Michigan Department of Corrections for the reduced Plans and Services amount of $236,300 pending submission and approval of a new program proposal; and
WHEREAS, the Community Corrections Advisory Board submitted a proposal for a Day Reporting Program that reconfigured the Day Programming Program