Board of Commissioners Rooms- Courthouse
Mason -7:30 p.m.
June 12, 2007
CALL TO ORDER:
The June 12, 2007 meeting of the Ingham County Board of Commissioners was called to order by Chairperson Thomas at 7:34 p.m. Roll was called and all Commissioners were present, except Commissioner Bahar-Cook and Commissioner Weatherwax-Grant.
PLEDGE OF ALLEGIANCE:
Richard Smith 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 Celentino, supported by Commissioner Schafer to adopt the Minutes of the May 22, 2007 meeting, as submitted. Motion carried unanimously. Absent: Commissioners Bahar-Cook and Weatherwax-Grant.
ADDITIONS TO THE AGENDA:
Commissioner De Leon asked that agenda item 12 – Resolution to Pursue an Agreement with the City of Lansing for the Maintenance and Operation of Scott Woods Park, be pulled from the agenda. The item was pulled, without objection from the body.
PETITIONS AND COMMUNICATIONS:
Ingham County Controller/Administrator 2006 Annual Report. Received and placed on file.
Letter from the Ingham County Animal Control Shelter Advisory Board regarding an increase in allowable expenditure for Emergency Veterinary Care. Referred to the Law Enforcement Committee.
Letter from the Ingham County Animal Control Shelter Advisory Board regarding its appropriation. Referred to the Law Enforcement Committee.
Letter from Kristen McDonald tendering her resignation from the Ingham County Women’s Commission. Accepted with regrets and placed on file.
Letter from the Department of Treasury regarding request from the City of Lansing to revoke the Neighborhood Enterprise Zone Certificate issued to NY-MAC Enterprises. Received and placed on file.
Letter from the Department of Community Health awarding the Ingham County Health Department the contract to provide HIV Continuum of Care Services. Referred to the Human Services Committee.
Letter from Eric Schertzing, Ingham County Treasurer, regarding the Ingham County Brownfield Redevelopment Authority Financial Report for 2005 activities. Received and placed on file.
Letter from Eric Schertzing, Ingham County Treasurer, regarding the Ingham County Brownfield Redevelopment Authority Financial Report for 2006 activities. Received and placed on file.
Letter from the Department of Human Services regarding the Amended 2006-07 Annual Plan and Budget for Child Care Fund Expenditures. Referred to the Judiciary Committee.
Resolution from Van Buren County Expressing Opposition to Reductions in P.A. 2 Appropriations to Counties. Received and placed on file.
Letter from the Community Mental Health Authority with an offer to purchase the CMH facility on Jolly Road. Referred to the County Services Committee and the Building Authority.
Letter from the Capital Region Airport Authority certifying their 2007/2008 Millage Levy. Referred to the County Services and Finance Committees.
Letter from Erica Robinson, tendering her resignation from the Equal Opportunity Committee. Accepted with regrets and placed on file.
Resolution from Livingston County, expressing opposition to House Bill 4852. Received and placed on file.
Commissioner Weatherwax-Grant arrived at 7:40 p.m.
LIMITED PUBLIC COMMENT:
None.
CONSIDERATION OF CONSENT AGENDA:
Moved by Commissioner Severino, supported by Commissioner Nolan to adopt a consent agenda consisting of all agenda items except 11 and 14. Motion to adopt a consent agenda carried unanimously. Absent: Commissioner Bahar-Cook. Items on the consent agenda were adopted by a unanimous roll call vote. Absent: Commissioner Bahar-Cook. Items voted on separately are so noted in the Minutes.
COMMITTEE REPORTS AND RESOLUTIONS:
The following resolution was introduced by the County Services Committees:
RESOLUTION MODIFYING THE ORDINANCE ESTABLISHING
THE INGHAM COUNTY PARK RULES AND REGULATIONS
RESOLUTION #07-124
WHEREAS, on May 1st, 2007 a lease agreement was signed between the City of Lansing and Ingham County which will result in Ingham County assuming responsibility for the operation of Potter Park and the Potter Park Zoo on July 1st, 2007; and
WHEREAS, the Parks and Recreation Commission has been working with the City of Lansing and the Friends of Greater Lansing Dog Parks, a citizen group, to establish the Howard and Erna Soldan Off-Leash Dog Park on City of Lansing property adjacent to Hawk Island County Park; and
WHEREAS, the citizen group, The Friends of Greater Lansing Dog Parks successfully raised approximately $75,000 for construction of the Howard and Erna Soldan Off-Leash Dog Park; and
WHEREAS, the Parks and Recreation Commission has recommended to the County Board of Commissioners that a lease or license agreement be entered into with the City of Lansing allowing the Ingham County Parks and Recreation Commission to oversee the maintenance and operation of the Howard and Erna Soldan Off-Leash Dog Park and the section of the River Trail South that traverses Scott Woods Park; and
WHEREAS, it is necessary to incorporate specific rules and regulations regarding the operation of the Potter Park Zoo, River Trail South, and the Howard and Erna Soldan Off-Leash Dog Park.
THEREFORE BE IT RESOLVED, that the ordinance adopting the existing Ingham County Park Rules and Regulations be modified as recommended, and shown in the attached document, by the Ingham County Parks and Recreation Commission.
BE IT FURTHER RESOLVED, that the Ingham County Board Chairperson and County Clerk are authorized to sign any contract documents consistent with this resolution after approval as to form by the County Attorney.
BE IT FURTHER RESOLVED, that the modified ordinance shall take effect when signed by the Board Chairperson, certified by the County Clerk, and notice of its adoption is published in a newspaper of general circulation in the County.
COUNTY SERVICES: Yeas: De Leon, Nolan, Copedge, Soule, Severino, Dougan
Nays: None Absent: None Approved 6/5/07
INGHAM COUNTY PARK RULES AND REGULATIONS
Adopted June 27, 1998 – Modified June 12, 2007
Section 1. Ordinance Title. The title of this Ordinance shall be the Ingham County Park Rules and Regulations.
Section 2. Definitions.
“Authorized Local Official” means the Parks Director, Parks Law Enforcement Officers, or other personnel of the County legally authorized to issue municipal civil infraction citations
“Business Day” means a day of the year, exclusive of a Saturday, Sunday, or legal holiday.
“Citation” means a written complaint or notice to appear in District Court upon which an authorized local official records the occurrence or existence of one (1) or more violations of this Ordinance by the party cited.
“Civil Infraction” means a parking violation prohibited by this Ordinance, for which civil sanctions may be ordered.
“County” means the County of Ingham, Michigan.
“District Court” means the 55th Judicial District Court.
“Misdemeanor” means a violation of this Ordinance which is not designated as a municipal civil infraction by this Ordinance.
“Municipal Civil Infraction” means an act or omission that is prohibited by this Ordinance, but which is not a misdemeanor under this Ordinance, and for which civil sanctions including without limitations, fines, damages, expenses and costs may be ordered, as authorized by Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended.
“Municipal Civil Infraction Action” means a civil action in which the defendant is alleged to be responsible for a municipal civil infraction.
“State” means the State of Michigan.
“Violation” means an act which is prohibited by this Ordinance. A violation shall include any omission or failure to act where the action is required by this Ordinance.
Section 3. Park Hours.
A. All parks under the jurisdiction of the County shall be open one half hour before sunrise for pedestrian access, 8:00am for vehicle access, and close one half hour after sunset, unless otherwise posted or unless permission has been granted by the County or its designated representative.
B. Any park or park lands, or portions thereof, may be closed entirely or closed to certain uses for such period of time as may be determined by the County or its designated representative.
C. No person or vehicle shall be within any park except when such park or portion thereof is open unless camping is approved by a permit issued by the County or its designated representatives.
D. All Potter Park Zoo visitors are required to leave within 60 minutes after posted closing times.
Section 4. Conduct on Park Property.
A. Preservation of Property. No person shall willfully disturb, destroy, deface, alter, change, or remove any part of any park or any facility, building, sign, structure, equipment, utility or other property found herein.
B.
Preservation
of Natural Resources and Plant Life. No person shall:
(1) Remove, or cause to be removed, any sod, earth, humus, peat, boulder,
gravel or sand found within any park without the written permission of the
County or its authorized representatives.
(2) Cut, remove, dig, injure, pick, damage, deface or destroy any tree,
flower, shrub or plant, whether alive or dead, found within the park without
written permission of the County or its authorized representatives.
C. Preservation of Wildlife. No person shall hunt, trap, bait, pursue, injure, feed, kill, or in any manner disturb any amphibian, reptile, bird, or mammal on any land or waters under the jurisdiction of the County unless written permission has been granted by the County or its designated representative.
D. Exotic Species. No person shall introduce an exotic species into county park lands and waters, except as authorized by the Parks Board. Exotic species are defined as “all species of plants and animals not native to Michigan.”
E. Fires.
(1) No person shall build a fire within any park except in grills or fire rings provided for such purpose. Fires in the beach area are expressly forbidden. Firewood may be collected to be used within the parks only if it is dead and not standing.
F.
Disposal or
Refuse. No person
shall:
(1) Deposit or abandon in any park or in any waters in or adjacent to any park
or on the ice thereof any garbage, refuse, trash, waste or other obnoxious
material, except, in receptacles provided for such purposes.
(2) Bring into any park refuse or litter originating outside any park for the
purpose of depositing such in park receptacles.
G.
Fireworks,
Firearms and Other Weapons. No person shall:
(1) Have in their possession or control any slingshot, BB Gun, paint ball guns,
fireworks or explosives within any park.
(2) Have in their possession or control any bow or arrow within any park
except by prior written permission of the County.
(3) Discharge any rifle, shotgun, pellet gun, air rifle, pistol, or other
firearm in any park for any reason, provided that this rule shall not apply to
any law enforcement officer acting in the course of his or her employment.
H.
Alcoholic
Beverages.
(1) No person shall have in their possession within the park boundaries any
alcoholic beverages stronger than beer or wine.
(2) Alcoholic beverages must be brought to the park in original containers,
and said containers shall not exceed 67.6 fluid ounces (2 liters) in capacity.
(3) All allowed alcoholic beverages as defined shall be confined to the picnic
and ball field area within the parks unless written permission has been granted
by the County or the area is otherwise posted.
(4) Possession and/or use of alcoholic beverages within Lake Lansing
Park-South, Rayner Park, Burchfield Park winter sports area, Hawk Island County Park, the Kenneth A. Hope Soccer Complex, Potter Park, and Potter Park Zoo
is prohibited.
(5) Notwithstanding any provision set forth to the contrary, beer or wine may be sold for consumption on the premises, and may be consumed, at public or private events or functions within the grounds of Potter Park Zoo Exploration and Discovery Center and Plaza, provided:
a. Dispensing of beer or wine shall be conducted by persons or entities not affiliated with Potter Park Zoo or any of its auxiliary organizations;
b. No beer or wine may be sold or dispensed during hours when the Potter Park Zoo is open to the general public;
c. For sales of beer and wine for consumption on the premises an appropriate license shall be obtained from the Michigan Liquor Control Commission; furthermore, prior approval from the Parks and Recreation Commission and/or their designee is required.
d. Intoxicating liquors (i.e. distilled rather than fermented alcoholic beverages) may not be sold on the premises.
I.
Disorderly
Conduct.
(1) No person
shall be a disorderly person within the park boundaries. A person is a disorderly
person if the person is any of the following:
a. A person who is intoxicated in a public place and who is
either endangering directly the safety of another person or of property or is
acting in a manner that causes a public disturbance.
b. A person who is engaged in indecent or obscene conduct in a
public place.
(2) No person shall interfere with any park employee in the discharge of his
or her duties, or fail or refuse to obey any lawful command issued by them.
J.
Audio Devices.
(1) No person
shall use or operate any radio, musical instrument, phonograph, television or
other machine or device that produces or reproduces sound in such a manner that
produces excessive noise. The use of such a machine or device such that the
sound produced therefrom is audible in any direction at a distance in excess of
100 feet, shall be deemed a prima facie violation of this section, unless
written permission has been obtained from the County Parks or its designated
representatives.
(2) No person, group or organization using any picnic shelter within any
Ingham County Park, with or without having reserved or rented said picnic
shelter, shall use or operate any radio, musical instrument, phonograph,
television, compact disc player, tape player or other machine or device that
produces or reproduces sound or music, regardless of its audio volume, within,
or within 150 feet of, any picnic shelter, unless specific written permission
has been obtained from the County or its designated representative. Such
written permission shall be in the form of a County-approved Special Event
Permit, and shall include the name of the person responsible for the control of
such equipment, the type of equipment authorized for use, hours of use and any
other information or restrictions regarding the audio equipment's use that
shall be deemed necessary by the Ingham County Parks Department. This rule
does not apply to the use of a machine or device equipped with a headphone or
an earphone where the sound or music would be limited to or confined to the
user in control of the machine or device while the headphone or earphone is in
use for its intended purpose. The responsible party named in the written
permit shall be on site and available to park officials at all times while the
audio equipment is in use. Such permit may be revoked at any time by the
County or its designated representative.
K.
Other.
(1) No person
shall use metal detectors in any turf areas within the County park system.
(2) No person shall play frisbee and/or ball games within the beach areas of
Lake Lansing Park-South, Hawk Island County Park, and William M. Burchfield Park.
(3) No person shall operate a hot air balloon or model rocket vehicle, model
aircraft, or model watercraft, which are powered by battery, gas, fuel or fuel
pellet, on any park lands without the permission of the County or its
designated representative.
K.(4) The launching of trailered watercraft is prohibited at Hawk Island County Park without written permission of the County or its designated representative. Non-motorized watercraft that are capable of being hand carried are permitted to be launched at Hawk Island County Park at designated locations only. Non-electric motors are prohibited at Hawk Island County Park.
Section 5. Potter Park Zoo.
A. No person under the age of 15 shall be allowed entrance into the zoo, unless accompanied by an adult at least 18 years of age.
B. All school groups and youth organizations (high school and below) must be supervised at all times by teachers, aides, or parents while in the zoo.
C. No bicycles, skates, rollerblades, or skateboards are allowed in the zoo.
D. All zoo visitors must remain behind public barricades.
E. No person shall add any material to any exhibit, facility, building, structure or other property found herein.
F. No person shall in any manner willfully disturb any animal found herein.
G. Zoo visitors are not allowed to feed zoo animals except in designated areas.
H. Reckless operation of ADA vehicles is prohibited.
Section 6. Swimming, Bathing and Wading.
A. No person shall swim, bathe or wade except within those areas so designated, and swimming is prohibited within those designated areas when so posted.
B. Children 8 years of age and under shall be accompanied by an adult at least 18 years of age while in the swimming area of County park beaches.
C. Beach and swim areas during the regular summer season shall be open from 9:00 a.m. to sunset, unless otherwise posted.
D. Air mattresses, inner tubes, life jackets or any other devices inflatable or otherwise, used in the aid of swimming are prohibited unless otherwise posted. U.S. Coast Guard approved personal flotation devices may be worn by individuals whose physical disability is such that without such aid use of the swimming area would be impossible.
E. Alcoholic beverages, glass containers and pets are not allowed within the posted limits of the beach area.
Section 7. Dogs and Pets.
A. Dogs or other pets shall be kept on a leash no greater than 6 feet in length. The only exception is within the designated off-leash areas.
B. All dogs or other pets must be under the immediate control of a responsible adult and shall not be allowed to disturb or annoy park visitors.
C. Dogs or other pets are allowed in Lake Lansing Park-North, Burchfield Park, Baldwin Park and McNamara Landing, except in areas posted. Pets are not allowed in Lake Lansing Park-South, the Lake Lansing Boat Launch, Hawk Island County Park, Rayner Park, the Kenneth A. Hope Soccer Complex, Riverbend Natural Area at Burchfield Park, Potter Park Zoo, and Potter Park picnic area unless otherwise posted. Pets are not allowed within the designated bathing beaches, park buildings, shelters and on the ski trails when they are open for skiing. Dogs or other pets may be allowed as a condition of an approved Special Event Application, or when transporting a dog or pet directly from an automobile to a watercraft at the Lake Lansing Boat Launch.
D. Pets must not be left unattended or left in a vehicle or trailer. Owners must clean up pet droppings.
E. Guide or leader dogs, hearing dogs, and service dogs for disabled persons are permitted in all areas, as provided under Michigan Compiled Laws 750.502c, as amended.
Section 9. Horses. It shall be a violation for a person to ride, lead or allow a horse to be upon any property not designated as a horse trail which is administered by or under the jurisdiction of the County unless prior written permission has bee obtained from the County or its designated representatives.
Section 10. Bicycles. Bicycles shall be permitted on designated trails only. No person shall operate a bicycle upon any sidewalk or trail which is posted against such use.
Section 11. Natural Area and Nature Trails.
A. Nature trails shall be for pedestrian traffic only, unless otherwise posted.
B. Fires are prohibited within any nature study areas unless written permission has been granted by the County or its designated representatives.
C. Bicycles, horses and pets are also prohibited within such areas.
Section 12. Motor Vehicles.
A.
It shall be unlawful
for any person to:
(1) Operate a motor driven vehicle in excess of fifteen (15) miles per hour
within the park, except where otherwise posted.
(2) Operate any motor driven vehicle of any kind or nature except on
designated public roads.
(3) Operate a motor driven vehicle in violation of posted traffic control
signs or devices.
(4) Operate an unlicensed motor vehicle upon any park road or parking area.
B. State Laws. All motor driven vehicles operated on park roadways or parking lots shall be subject to the laws of the State of Michigan as set forth in the Michigan Motor Vehicle Code.
Section 13. Parking.
A.
Parking in
Prohibited Areas.
It shall be unlawful for any person to:
(1) Park any motor vehicle within any area not designated as a parking area or
space.
(2) Stop, stand or park any motor vehicle at any place where official signs
prohibit.
(3) Park any motor vehicle in any space designated by sign for use by a
disabled person without displaying an official placard or registration plate
issued to a disabled person.
B.
Use of
Parking Areas.
(1) The county park parking lots in all county parks are hereby closed to all
park activities except parking of vehicles and entry and exit from vehicles.
No park land usage, including, but not limited to, picnicking, frisbee
throwing, games or other activities shall be permitted in the county parking
lots of county parks. All park activities except traversing to and from county
parking lots and/or parking of vehicles in case of emergencies are prohibited.
(2) When posted, parking at the Lake Lansing Boat Launch is hereby restricted
on weekends and holidays to vehicles with boats only.
C.
Obstructing
Traffic.
(1) It shall be
unlawful for the operator of any vehicle to stop, stand, or park such vehicle
upon any roadway or in any parking area in such a manner as to form an
obstruction to traffic.
(2) Whenever any police officer finds a vehicle unattended upon a roadway or
in a parking area and where such vehicle constitutes an obstruction to traffic,
such officer is hereby authorized to provide for the removal of such vehicle to
the nearest garage or other place of safety.
(3) The necessary costs for such removal shall become a lien upon such vehicle
and the person into whose custody the vehicle is given may retain it until all
expenses involved have been paid.
Section 14. Commercial Activities and Advertising. No person or organization shall advertise, vend, sell, post or distribute any service, food, beverage, merchandise, commercial leaflet, or poster within any park, except by prior written permit from the County or its designated representatives.
Section 15. Camping. No person shall camp within any park except in those areas or buildings designated for that purpose, unless permission is provided in writing by the County or its representatives.
Section 16. Fees, Charges and Permits.
A. It shall be a violation for any person to use any facility, building, land area or equipment for which a fee or charge has been established by the County without payment of such fee or charge.
B. It shall be a violation for any person, group or organization to occupy, use or fail to vacate any facility, building land area or equipment for which a permit has been granted to another person, group or organization.
Section 17. Violations and Penalties.
A. Any person violating any provision of this Ordinance, except provisions of the Motor Vehicle Code incorporated herein, parking violations, and Section 4.H.(1), shall be responsible for a municipal civil infraction. Repeat violations under this Ordinance shall be subject to increased fines or misdemeanor penalties as provided in Sections 18 and 19 of this Ordinance.
B. Any person violating the provisions of the Motor Vehicle Code shall be subject to the fines and penalties set forth in that Code. Any person violating any provision of Sec.11.A regarding parking violations shall be responsible for a civil infraction.
C. Persons continuing to violate any of the above provisions after being cited may also be evicted from said park or park land for the remainder of the day of the offense.
Section 18. Municipal Civil Infraction Citations; Issuance and Service. Municipal civil infraction citations shall be issued and served by an authorized local official as follows:
A. The time for appearance specified in a citation shall be within ten (10) days after the citation is issued.
B. The place for appearance specified in a citation shall be the District Court.
C. Each citation shall be numbered consecutively and shall be in a form approved by the State Court Administrator. The original citation shall be filed with the District Court. Copies of the citation shall be retained by the County and issued to the alleged violator as provided by Section 8705 of Act No. 236 of the Public Acts of 1961, as amended.
D. A citation for a municipal civil infraction signed by an authorized local official shall be treated as made under oath if the violation alleged in the citation occurred in the presence of the official signing the complaint and if the citation contains the following statement immediately above the date and signature of the official: "I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge and belief."
E. An authorized local official who witnesses a person commit a municipal civil infraction shall prepare and subscribe, as soon as possible and as completely as possible, an original and required copies of a citation.
F.
An authorized
local official may issue a citation to a person if:
(1) Based upon investigation, the official has reasonable cause to believe
that the person is responsible for a municipal civil infraction; or
(2) Based upon investigation of a complaint by someone who allegedly witnessed
the person commit a municipal civil infraction, the official has reasonable
cause to believe that the person is responsible for an infraction and if the
County Prosecuting Attorney approves in writing the issuance of the citation.
G. Municipal civil infraction citations shall be served personally by serving a copy of the citation upon the alleged violator.
Section 19. Municipal Civil Infraction Citations; Contents.
A. A municipal civil infraction citation shall name the County as plaintiff and shall contain the name and address of the defendant, the municipal civil infraction alleged, the place where the defendant shall appear in court, the telephone number of the court, and the time at or by which the appearance shall be made.
B.
Further, the
citation shall inform the defendant that he or she may do one of the following:
(1) Admit responsibility for the municipal civil infraction by mail, in
person, or by representation, at or by the time specified for appearance.
(2) Admit responsibility for the municipal civil infraction "with
explanation" by mail by the time specified for appearance or, in person,
or by representation.
(3) Deny responsibility for the municipal civil infraction by doing either of
the following:
a) Appearing in person for an informal hearing before the Judge or Magistrate of the District Court without the opportunity of being represented by an attorney, unless a formal hearing before the District Court's Judge is requested by the County.
b) Appearing in the District Court for a formal hearing before the District Court's Judge, with the opportunity of being represented by an attorney.
(4) The citation shall also inform the defendant of all of the following:
a) That if the defendant desires to admit responsibility "with explanation" in person or by representation, the defendant must apply to the District Court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time for an appearance.
b) That if the defendant desires to deny responsibility, the defendant must apply to the District Court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time to appear for a hearing, unless a hearing date is specified on the citation.
c) That a hearing shall be an informal hearing unless a formal hearing is requested by the defendant or the County.
d) That, at an informal hearing, the defendant must appear in person before the District Court's Judge or Magistrate, without the opportunity of being represented by an attorney.
e) That, at a formal hearing, the defendant must appear in person before the District Court's Judge with the opportunity of being represented by an attorney.
(5) The citation shall contain a notice in boldfaced type that the failure of the defendant to appear within the time specified in the citation or at the time scheduled for a hearing or appearance is a misdemeanor and will result in the entry of a default judgment against the defendant on the municipal civil infraction.
Section 20. Establishment of Schedule of Civil Fines.
A.
A schedule of
civil fines for violations of this Ordinance is hereby established. The fines
for the violations shall be as follows:
(1) For the first citation issued to a defendant who admits or is found by the
District Court to have violated this Ordinance, the civil infraction fine shall
be $50.00 for the first violation cited and an additional $50.00 for each
additional violation listed within the citation, up to, but not to exceed,
$500.00. In addition to such fines, the defendant shall pay such costs and
damages and expenses as may be set by the District Court, as authorized by
Section 8727 of Act No. 236 of the Public Acts of 1961, as amended.
(2) For a second citation issued to a defendant who admits or is found by the
District Court to have committed repeated violations of this Ordinance, the
civil infraction fine shall be up to $500.00 for each repeat violation. As
used in this section, "repeat violations" means a second violation of
the same requirement or provision (i) committed by a defendant within any one
(1) year period, and (ii) for which the defendant admits responsibility or is
determined to be responsible. In addition to such fines, the defendant shall
pay such costs and damages and expenses as may be set by the District Court, as
authorized by Section 8727 of Act No. 236 of the Public Acts of 1961, as
amended.
B. Failure to appear at the District Court within the time specified in a citation or at the time scheduled for a hearing or an appearance is a misdemeanor and will result in entry of a default judgment against the defendant on the municipal civil infraction.
C. Failure to comply with an order, judgment or default in payment of a civil fine, costs, damages, or expenses, so ordered may result in enforcement actions, including, but not limited to, imprisonment on civil contempt which shall not exceed one (1) day for each $30.00 due, collections, placement of liens or other remedies as permitted by Chapter 87 of Act 236 of Public Acts of 1961, as amended.
D. A municipal civil infraction is not a lesser included offense of a criminal offense or an ordinance violation that is not a civil infraction.
E. Civil infractions for violations of Sec.11.A. regarding parking are punishable by a fine of $50 plus costs for a first offense, $100 plus costs for a second offense, and $250 plus costs for a third offense, except that violations of Sec.11.A.(3) shall be punishable by a fine of $250 plus costs for a first or subsequent offense.
Section 21. Misdemeanor Violations.
A. Any person convicted of violating Section 4.H.(1) relating to disorderly persons shall be guilty of a misdemeanor.
B. A third and subsequent repeated violation of this Ordinance shall be a misdemeanor. As used in this section, "repeat violations" means a third or subsequent violation of the same requirement or provision (i) committed by a defendant within any one (1) year period, and (ii) for which the defendant admits responsibility or is determined by the District Court to be responsible.
C. Actions or omissions which are a misdemeanor under this Ordinance shall be punishable upon conviction by a fine of not to exceed $500.00 (plus other costs), imprisonment for a term of not to exceed ninety (90) days, or both.
Section 22. Construction. When not inconsistent with the context, words used in the present tense include the future. Words in the singular include the plural and words in the plural include the singular. Masculine shall include the feminine and neuter. The word "shall" is always mandatory and not merely directive. Words or terms not defined herein shall be interpreted as defined in statutes, regulations or codes to which they apply or if not so defined shall be defined in the manner or their common meaning. Headings shall be deemed for convenience and shall not limit the scope of any section of this Ordinance.
Section 23. Severability. The various parts, sections, subsections, paragraphs, sentences, phrases and clauses of this Ordinance are hereby declared to be severable. If any part, section, subsection, paragraph, sentence, phrase or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, it shall be considered severed from this Ordinance and shall not be construed as affecting the validity of the remaining portions of this Ordinance.
Section 24. Repealer Clause. Any ordinance or parts of ordinance in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.
Section 25. Savings Clause. This Ordinance does not affect rights and duties matured, penalties that were incurred, and proceedings that were begun, before its effective date.
Section 26. Effective Date. This Ordinance shall become effective on the (Date of adoption).
Moved by Commissioner De Leon, supported by Commissioner Grebner to adopt the resolution. Motion carried on a unanimous roll call vote. Absent: Commissioner Bahar-Cook.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION ESTABLISHING THE EMPLOYEES OF TEAMSTERS LOCAL 580 AND UAW LOCAL 2256 AS A DIVISION WITHIN THE
MERS DEFINED BENEFIT PROGRAM
RESOLUTION #07-125
WHEREAS, the Ingham County Board of Commissioners whose fiscal year is January 1, 2007 to December 31, 2007, desires to make available to the Teamsters Local 580, and the UAW Local 2256 pension benefits provided by MERS.
THEREFORE BE IT RESOLVED, that pursuant to the initial actuarial valuation by MERS, pension benefits shall be provided to those groups as stated in their current collective bargaining agreements.
BE IT FURTHER RESOLVED, that the Human Resources Director is authorized to sign on behalf of the Board of Commissioners all necessary documents as required by MERS.
COUNTY SERVICES: Yeas: De Leon, Nolan, Copedge, Soule, Severino, Dougan
Nays: None Absent: None Approved 6/5/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 6/6/07
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION SUPPORTING STATE REVENUE ENHANCEMENTS
RESOLUTION #07-126
WHEREAS, revenue forecasts for the state continue to predict further budget shortfalls for the State of Michigan in the current and upcoming fiscal years; and
WHEREAS, the state has already made billions of dollars in spending cuts over the past four fiscal years; and
WHEREAS, these cuts have had a significant negative impact on services ranging from education and public safety to environmental protection and health care; and
WHEREAS, further cuts would put Michigan and Ingham County at risk of program reductions that would seriously reduce the quality of life of our citizens and place our most vulnerable populations in jeopardy; and
WHEREAS, the ongoing structural deficit is hurting Michigan’s standing in terms of its ability to attract investment and new residents; and
WHEREAS, Ingham County is home to thousands of state employees who are threatened with lay offs should the state budget situation not improve.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners favors the implementation of state tax increases which will end the structural budget deficit currently faced by the state thereby protecting funds for vital County services including K-12 education, higher education, fire protection grants, health care and local governmental services.
BE IT FURTHER RESOLVED, that a copy of this resolution be sent all Ingham County legislators, chairs of both house and senate caucuses, members of the appropriations committees of the house and senate, the Governor’s Office, and the Michigan Association of Counties to show our support for their efforts to increase revenues and find a long-term solution to Michigan’s fiscal crisis.
COUNTY SERVICES: Yeas: De Leon, Nolan, Copedge, Soule
Nays: Severino, Dougan Absent: None Approved 6/5/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis
Nays: Dougan Absent: None Approved 6/6/07
Moved by Commissioner De Leon, supported by Commissioner Grebner to adopt the resolution. Motion carried, with Commissioners Dougan, Schafer, Severino and Soule voting no, all others voting yes. Absent: Commissioner Bahar-Cook.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION APPROVING THE ESTABLISHMENT OF THE
TAX FORFEITURE/FORECLOSURE COORDINATOR POSITION
IN THE COUNTY TREASURER’S OFFICE
RESOLUTION #07-127
WHEREAS, the Ingham County Board of Commissioners and the Ingham County Treasurer took action in December of 2004 to assume the responsibility for Public Act 123 of 1999, the Delinquent Property Tax Foreclosure Act; and
WHEREAS, the Ingham County Treasurer’s Office is providing improved service to Ingham County Taxpayers by handling the Delinquent Property Tax Foreclosure Process; and
WHEREAS, the Foreclosure Process provides for full cost recovery for the program including staff, legal, contract services and supplies, and the Treasurer is generating the additional funding necessary for this position in the Delinquent Tax Revolving Fund; and
WHEREAS, the Ingham County Treasurer has previously created a Property Tax Coordinator position to administer the requirements of PA 123 under the Treasurer’s supervision; and
WHEREAS, the Treasurer has identified a need to coordinate work for the increasing volume of forfeitures and the increasing need for foreclosure prevention effort that can best be performed by the designated position; and
WHEREAS, the auction process and Land Bank have coordination needs with the foreclosed parcels and the Land Bank has budgeted staff cost to reimburse the County for 25% of this position; and
WHEREAS, the classification was analyzed and processed by Human Resources.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby approves the establishment of the Tax Forfeiture/Foreclosure Coordinator position effective July 1, 2007.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes the Controller to make the necessary budget adjustments and position allocation list amendment in the Treasurer’s 2007 budget.
COUNTY SERVICES: Yeas: De Leon, Nolan, Copedge, Soule, Severino, Dougan
Nays: None Absent: None Approved 6/5/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 6/6/07
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION AUTHORIZING THE 2007 POTTER PARK AND
POTTER PARK ZOO BUDGET
RESOLUTION #07-128
WHEREAS, the electorate of Ingham County overwhelmingly approved a millage proposal in November of 2006 to fund the operation and improvement of Potter Park and the Potter Park Zoo; and
WHEREAS, the Ingham County Board of Commissioners has entered into an agreement with the City of Lansing for the lease and operation of Potter Park and the Potter Park Zoo; and
WHEREAS, the Uniform Budgeting and Accounting Act, Public Act 621 of 1978, requires that each local unit of government adopt a balanced budget for all required funds; and
WHEREAS, the Ingham County Parks and Recreation Commission has submitted a recommended budget for the Potter Park Zoo for the time period from July 1, 2007 to December 31, 2007; and
WHEREAS, the County Controller has considered this request and has submitted a recommended budget as required by statute and Board of Commissioners’ resolution.
THEREFORE BE IT RESOLVED, that the 2007 Potter Park and Potter Park Zoo Budget recommended by the Ingham County Parks and Recreation Commission and attached is hereby adopted on a basis consistent with Ingham County’s Budget Adoption and Amendment Policies and subject to all county policies regarding the expenditure of funds and the conditions set forth in this resolution.
BE IT FURTHER RESOLVED, that the adopted budget is based on current estimates of revenues and expenditures, and that the Board of Commissioners may find it necessary to adjust budgeted revenues and expenditures from time to time during the year.
BE IT FURTHER RESOLVED, that the County Controller is hereby authorized to make budgetary transfers within the various funds and authorize expenditures in accordance with the budgetary procedures established by the Board of Commissioners in Resolution #90-274, as amended by Resolution #94-93 and #04-253.
BE IT FURTHER RESOLVED, that the expenditures shall not be incurred in excess of the individual budgets adopted herein without first amending the budget pursuant to the budgetary procedures established by the Board of Commissioners in Resolution #90-274, as amended by Resolutions #94-93 and #04-253.
BE IT FURTHER RESOLVED, that all purchases made with funds appropriated in this budget shall be made in conformance with the Purchasing Procedures Manual, as adopted and amended by the Board, and that these budgeted funds are appropriated contingent upon compliance with the Purchasing Procedures Manual.
BE IT FURTHER RESOLVED, that the approved Position Allocation List contained in the budget shall limit the number of permanent employees who can be employed.
BE IT FURTHER RESOLVED, that the Board Chairperson is authorized to sign agreements, contracts, and/or other documents related to county appropriations which are contained in the adopted budget, subject to review by the County Attorney as to form and to certification by the Controller that 1) the total amount of revenues and expenditures and the net obligation to the County is not greater than that is budgeted; and 2) there is no change in employee status and no additional employees other than as authorized in the adopted budget.
BE IT FURTHER RESOLVED, that funds generated by the zoo millage, but not spent by the end of the fiscal year for specific Board approved projects, may be carried over into the next fiscal year without additional Board approval, provided the Controller and Budget Office certified that the funds are available.
BE IT FURTHER RESOLVED, that the following Position Allocation List be approved:
Manager/Curator Maintenance Worker 400
Curator/Veterinarian Maintenance Worker 300
Principle Clerk Maintenance Worker 300
Zookeeper 600 Maintenance Worker 300
Zookeeper 600 Security Worker 100
Zookeeper 400 Security Worker 100 (P/T)
Zookeeper 400 Receptionist/Clerk (P/T) – New Position
Zookeeper 400 Maintenance Workers – Seasonal (4)
Zookeeper 400 Maintenance Workers – Seasonal (4) – New Positions
Zookeeper 400
Zookeeper 400
Zookeeper 400
Zookeeper 300
Zookeeper 300 – New Position
COUNTY SERVICES: Yeas: De Leon, Nolan, Copedge, Soule, Severino, Dougan
Nays: None Absent: None Approved 6/5/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 6/6/07
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION AUTHORIZING PARKING, ADMISSION, AND SHELTER FEES FOR
POTTER PARK AND THE POTTER PARK ZOO
RESOLUTION #07-129
WHEREAS, Ingham County will be assuming responsibility for the operation of Potter Park and the Potter Park Zoo on July 1st, 2007; and
WHEREAS, the Parks and Recreation Commission has recommended fee schedules including parking fees, zoo admission fees, and shelter rental fees; and
WHEREAS, the picnic shelter rental fees and the parking fees are based upon the current county fee structure.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners adopts the following fee structure for Potter Park and the Potter Park Zoo effective July 1st, 2007.
BE IT FURTHER RESOLVED, that the Parks and Recreation Commission be given the authority to establish a procedure to determine residency status.
BE IT FURTHER RESOLVED, that the parking fees be in effect seven days a week, when the levels of visitation are sufficient to generate enough revenue to offset the expenses associated with collecting the fee.
COUNTY SERVICES: Yeas: De Leon, Nolan, Copedge, Soule, Severino, Dougan
Nays: None Absent: None Approved 6/5/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 6/6/07
|
|
Current City of Lansing Fee |
Recommended Ingham County Fee |
|
PARKING |
|
|
|
Resident |
$5 |
$2 |
|
Non-Resident |
$5 |
$4 |
|
Resident Annual |
N/A |
$20 |
|
Non-Resident Annual |
N/A |
$40 |
|
Private Oversize Vehicles |
$7 |
Delete Category |
|
School Bus |
$3 M-F $5 Sat-Sun/Holidays |
Free |
|
November – February |
Free |
Delete Category |
|
|
|
|
|
ADMISSION |
|
|
|
Resident Adult |
$5 |
$4 |
|
Non-Resident Adult |
$8 |
$10 |
|
Resident Senior |
$3 |
$3 |
|
Non-Resident Senior |
$5 |
$10 |
|
Children (ages 3-16) |
$2 |
$2 |
|
Children under 3 |
Free |
Free |
|
Family Annual Pass |
$30 |
Delete Category - Family Pass available through the Potter Park Zoological Society |
|
Resident Preschool (Students & Teachers) |
Free |
Delete Category |
|
Non-Resident Preschool (Students only) |
$1 |
Delete Category |
|
All Schools in Ingham County on Classroom Trips, (Children ages 3-16) |
Free |
Free |
|
Resident – Tuesdays |
Free |
Annual Free Day |
|
November – February * with the exception of the Wonderland of Lights event |
Free |
Free |
|
Long Term Health Care Participant |
Free |
Delete Category |
|
|
|
|
|
SHELTERS |
|
|
|
60 Person |
$35 Mon-Fri $45 Sat-Sun |
$50 |
|
80 Person |
$45 Mon-Fri $60 Sat-Sun |
$75 |
|
300 Person |
$140 Mon-Fri $200 Sat-Sun-Holidays |
$150 |
|
Split |
¼ (80 person) $40 Mon-Fri $55 Sat-Sun-Holidays |
½ (150 person) $80 |
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT WITH
M. ONE LIMITED, INC. DBA: MARK 1 RESTORATION SERVICES
FOR EXTERIOR WEATHERPROOFING AND RESTORATION AT THE
HUMAN SERVICES FACILITY
RESOLUTION #07-130
WHEREAS, the exterior walls at the Human Services Facility are in need of masonry repairs, tuck pointing, and weather tight restoration; and
WHEREAS, the funds for Phase II of this project are approved and budgeted for within the appropriate 07 budget fund 631 23304 931000 7HSB1; and
WHEREAS, the Purchasing Department solicited bids to provide tuck pointing, cleaning, and sealing of exterior brick at the Human Services Facility, after review of submitted bids both the Purchasing and Facilities Departments concur that a contract be awarded to M. One Limited, Inc. for a total project cost of $114,954.18; this cost reflects payment of prevailing wage.
THEREFORE BE IT RESOLVED, the Ingham County Board of Commissioners hereby authorizes awarding a contract to M One Limited, Inc., DBA: Mark 1 Restoration Services, 19035 West Davison, Detroit, MI 48223, to provide masonry repairs, tuck pointing, and weather tight restoration to the exterior brick at the Human Services Facility for a projected cost of $114,954.18.
BE IT FURTHER RESOLVED, the Ingham County Board of Commissioners authorizes the Board Chairperson and the County Clerk to sign any necessary documents that are consistent with this resolution and approved as to form by the County Attorney.
COUNTY SERVICES: Yeas: De Leon, Nolan, Copedge, Soule, Severino, Dougan
Nays: None Absent: None Approved 6/5/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 6/6/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services Committee:
RESOLUTION TO AUTHORIZE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING FOR THE "EARLY ON" PROGRAM
RESOLUTION #07-131
WHEREAS, the Federal Government has enacted P.L. 102-119, known as the Individuals with Disabilities Education Act, and Part H of the Act establishes the Infant and Toddler Early Intervention Program, known as "Early On" in Michigan; and
WHEREAS, the Governor has designated the Michigan Department of Education as the lead agency, with responsibility for making all administrative decisions and assignments, and has created an Early On Interagency Coordinating Council, with representation from the Departments of Education, Community Health, Department of Human Services, and Clinton/Eaton/Ingham Community Mental Health; and
WHEREAS, the State is committed to having “Early On” implemented with interagency cooperation at the community level; and
WHEREAS, the State has identified the intermediate school districts as the lead agencies at the community level and requires that the community health, mental health, and social services agencies approve the local plan for implementing “Early On”; and
WHEREAS, the State also requires that the community agencies sign a Memorandum of Understanding committing to cooperating and coordinating in the identification and evaluation of children at risk of developmental delay, and in the development and implementation of a treatment plan; and
WHEREAS, the Ingham County Board of Commissioners authorized an “Early On” Memorandum of Understanding each year since 1993-94; and
WHEREAS, the Health Officer has recommended that the Board of Commissioners authorize an amendment to extend the Memorandum of Understanding from July 1, 2007 to June 30, 2008.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes an amendment to the Memorandum of Understanding to facilitate the Health Department’s cooperation and coordination with the Ingham Intermediate School District, the Clinton, Eaton, Ingham Community Mental Health Board and the Ingham County Family Independence Agency in the identification and evaluation, and the development and implementation of a treatment plan for children at risk of developmental delay.
BE IT FURTHER RESOLVED, that the period of the amendment shall be July 1, 2007 through June 30, 2008.
BE IT FURTHER RESOLVED, that the Board Chairperson is authorized to sign the amendment to the Memorandum of Understanding after review by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Grebner, Bahar-Cook, Schor, Soule, Severino
Nays: None Absent: None Approved 6/4/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services and Finance Committees:
RESOLUTION TO AUTHORIZE A PUBLIC HEALTH NURSING LETTER OF UNDERSTANDING WITH THE INGHAM INTERMEDIATE SCHOOL DISTRICT
RESOLUTION #07-132
WHEREAS, the Ingham Intermediate School District is the administrator of Michigan’s Early‑On Program, a program to identify and serve high risk infants and children through three years of age; and
WHEREAS, the Health Department’s Public Health Nursing Unit and the Child Health Clinic represent important resources to identify, prevent, and correct health problems in high risk infants and children; and
WHEREAS, in FY 1996‑97, the Intermediate School District initiated a Letter of Understanding with Ingham County to help support public health nursing services to high risk infants and children; and
WHEREAS, the Intermediate School District proposes to execute a new Letter of Understanding for public health nursing and paraprofessional outreach services for FY 2007‑2008; and
WHEREAS, the Health Officer recommends that the Board of Commissioners authorize an agreement with the Intermediate School District to accept the funds and provide the supportive services.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes an agreement with the Ingham Intermediate School District to provide up to $128,985 in “Early‑On” funds, to reimburse Ingham County for public health nursing and paraprofessional services to high risk infants and children.
BE IT FURTHER RESOLVED, that the period of the agreement shall be July 1, 2007 through June 30, 2008.
BE IT FURTHER RESOLVED, that the Board Chairperson is authorized to sign the agreement and to sign any documents that might be required by the Intermediate School District, after review by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Grebner, Bahar-Cook, Schor, Soule, Severino
Nays: None Absent: None Approved 6/4/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 6/6/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Law Enforcement and Finance Committees:
RESOLUTION TO ENTER INTO AN AGREEMENT WITH THE CITY OF LANSING AS THE FIDUCIARY FOR THE FY2006 STATE HOMELAND SECURITY GRANT/LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
RESOLUTION #07-133
WHEREAS, the Ingham County Sheriff’s Office, Emergency Operations Division, will receive grant funding from the Department of State Police, Emergency Management Division to prevent, deter, respond, and recover from threats and incidents of terrorism; and
WHEREAS, the grant will be distributed to the Region One Board with the City of Lansing serving as the fiduciary agent for the region who will authorize the necessary sub-contract; and
WHEREAS, the City of Lansing wishes to enter into an agreement with Ingham County to receive equipment and/or reimbursement for exercising, training, and planning.
THEREFORE BE IT RESOLVED, that Ingham County will enter into an agreement with the City of Lansing as the fiduciary for the 2006 State Homeland Security Grant/Law Enforcement Terrorism Prevention Program for grant eligible projects for the time period of February 1, 2007 through February 1, 2008.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes the Board Chairperson and the County Clerk to sign any necessary subcontract documents with the City of Lansing that are consistent with this resolution and approved as to form by the County Attorney.
LAW ENFORCEMENT: Yeas: Copedge, Tennis, Celentino, De Leon, Holman, Schafer
Nays: None Absent: None Approved 5/31/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 6/6/07
2006 HSGP Region I Board Equipment/Exercising/Planning Agreement
As part of the 2006 Homeland Security Grant Program (HSGP) the Region I Board has elected the City of Lansing to serve as the fiduciary for the region.
As the fiduciary, the City of Lansing agrees to accept the funds awarded on the region’s behalf and shall spend those funds according to decisions made and approved by the Region I Board.
In this capacity, the City of Lansing agrees to be the sub-grantee with the State of Michigan for the 2006 HSGP. By becoming the sub-grantee, the City of Lansing agrees to the following:
To comply with all requirements listed in the grant agreement with the State of Michigan.
To comply with 2006 HSGP grant guidance.
As part of the 2006 HSGP, the City of Lansing will be required to purchase equipment that will be transferred to other jurisdictions within Region I. The City of Lansing agrees to the following:
To keep an up to date inventory of the equipment, which includes jurisdiction assigned and its physical location for up to 3 years after the grant has been closed out.
To notify each juris