Board of Commissioners Rooms - Courthouse
Mason -7:30 p.m.
November 27, 2007
CALL TO ORDER:
The November 27, 2007 meeting of the Ingham County Board of Commissioners was called to order by Chairperson Thomas at 7:39 p.m. Roll was called and all Commissioners were present.
PLEDGE OF ALLEGIANCE:
Al LeBlanc, former Williamstown Township Treasurer, 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 Nolan to approve the Minutes of the November 13, 2007 meeting, as submitted. Motion carried unanimously.
ADDITIONS TO THE AGENDA:
Chairperson Thomas indicated that there were substitutes for agenda item 17 and the attachment to agenda item 24. Commissioner De Leon clarified that the substitute for the attachment to agenda item 24 should read as follows, in the right column at the top of page one: “County Services designated $5,250 of their original available funds to the Contingency Fund.”
The substitutes were accepted by the Chairperson, without objection from the body.
PETITIONS AND COMMUNICATIONS:
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 Addiction Relief & Supported Recovery, Inc., thanking the Board for its grant. Received and placed on file.
Letter from the City of Lansing, Economic Development Corporation, announcing a public hearing to consider the establishment of an obsolete property rehabilitation district. Referred to the Finance Committee.
LIMITED PUBLIC COMMENT:
Ingham County Treasurer Eric Schertzing addressed the Board regarding mortgage foreclosures in Ingham County and reported that help is available from the website: www.holdontoyourhome.org and by calling 211. He stated that all help is confidential.
Susan McPhee, from the Ingham Conservation District, addressed the Board to thank them for the community agency funding. She also reported that they will keep the Board apprised of their activities throughout the year.
CONSIDERATION OF CONSENT AGENDA:
Moved by Commissioner Severino, supported by Commissioner Schafer to adopt a consent agenda consisting of all items except 4, 10, 12, 19 and 24. Motion to adopt a consent agenda carried unanimously. Items on the consent agenda were adopted by unanimous roll call vote. Items voted on separately are so noted in the Minutes.
COMMITTEE REPORTS AND RESOLUTIONS:
The following resolution was introduced by the County Services Committee:
RESOLUTION HONORING JUDY CONLEY
RESOLUTION #07-289
WHEREAS, Judy Conley is one of the founders of the form of water-based exercise that came to be known as water aerobics; and
WHEREAS, she established Judy's Splash Aerobics and organized the very successful water exercise program that continues today at the Delta-Waverly Community Pool, sponsored by Delta Charter Township and the Waverly School District; and
WHEREAS, Judy has authored two books on water-based exercise and has served as Aquatic Coordinator for the Michigan Chapter of the Arthritis Foundation; and
WHEREAS, she also served as an adjunct instructor at Lansing Community College, and has taught classes for people with disabilities at the Michigan Athletic Club; and
WHEREAS, Judy is a Master Trainer for Water Art Fitness International, she has trained and certified a considerable number of the people who are now teaching water-based fitness in South Central Michigan, her work is internationally recognized; and
WHEREAS, in addition to these professional activities, she made time to be the loving mother of eight children and now enjoys visiting her ten grandchildren; and
WHEREAS, Judy Conley was selected by the Ingham County Women’s Commission as an Everyday Heroine in recognition of her numerous contributions to the community.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby honors Judy Conley for her dedication, commitment and the role she has played in improving the quality of life and well-being of the citizens Ingham County, as well as citizens across the nation and abroad.
BE IT FURTHER RESOLVED, that the Board congratulates Judy Conley for her recognition as an Everyday Heroine by the Ingham County Women’s Commission.
COUNTY SERVICES: Yeas: De Leon, Nolan, Copedge, Soule, Severino, Dougan
Nays: None Absent: None Approved 11/20/07
Moved by Commissioner Grebner, supported by Commissioner Schafer to adopt the resolution. Motion carried unanimously.
The following resolution was introduced by the County Services Committee:
RESOLUTION TO TRANSFER ALL UNSOLD TAX REVERTED PROPERTIES REJECTED BY LOCAL UNITS TO THE INGHAM COUNTY LAND BANK FAST TRACK AUTHORITY
RESOLUTION #07-290
WHEREAS, the Land Bank Fast Track Act, 2003 PA 258, being MCL 124.751 et seq., (Athe Act@) establishes the State Land Bank Fast Track Authority; and
WHEREAS, the Ingham County Treasurer, with Ingham County Board of Commissioners approval, has entered into an intergovernmental agreement with the State Land Bank Fast Track Authority under the Act to form an Ingham County Land Bank Fast Track Authority; and
WHEREAS, tax reverted property not previously sold by the Ingham County Treasurer, acting as the foreclosing governmental unit (FGU), shall be transferred to the city, village, or township in which the property is located, except those parcels of property to which the city, village or township has objected to in accordance with 1999 PA 123, MCL 211.78M(6); and
WHEREAS, parcels rejected by a city, village or township become the property of Ingham County; and
WHEREAS, the Land Bank was established to assist in the strategic disposition of tax reverted property; and
WHEREAS, local units are encouraged to object so the parcels stay with the County for disposition by the Land Bank.
THEREFORE BE IT RESOLVED, that the County Board of Commissioners authorizes the Controller to take appropriate action to transfer all rejected property to the Land Bank.
BE IT FURTHER RESOLVED, that this resolution shall be renewed annually.
BE IT FURTHER RESOLVED, that 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 11/20/07
Adopted as part of the consent agenda.
The following resolution was introduced by County Services and Finance Committees:
RESOLUTION TO AUTHORIZE ENTERING INTO AN AGREEMENT WITH GRANGER RECYCLING CENTER FOR DISPOSAL OF SURPLUS COMPUTER EQUIPMENT
RESOLUTION #07-291
WHEREAS, Ingham County has periodic need to dispose of surplus computer equipment; and
WHEREAS, the Resolution #02-90 authorized the County to donate surplus computer equipment to the Black Child and Family Institute on behalf of Closing the Gap; and
WHEREAS, computer equipment that is broken or outdated is sent to Great Lakes Electronic Recycling; and
WHEREAS, Great Lakes Electronic Recycling charges the County $0.35 per pound to remove and recycle broken and outdated computer equipment; and
WHEREAS, Granger Recycling Center, a local recycler, is willing to pickup old computer equipment, at a cost of five dollars per item (CPU, Monitor or Printer); and
WHEREAS, this would lower the cost, by about two dollars per unit, of disposing of surplus computer equipment; and
THEREFORE BE IT RESOLVED, that the Board of Commissioners authorize entering into an agreement with Granger Recycling Center, an independent recycler, for disposal of broken and outdated computer equipment.
BE IT FURTHER RESOLVED, that the Board Chairperson and County Clerk are hereby authorized to sign any necessary agreements after approval as to form by the County Attorney.
COUNTY SERVICES: Yeas: Nolan, Soule, Severino, Dougan
Nays: De Leon, Copedge Absent: None Approved 11/20/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 11/26/07
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION AUTHORIZING AN ADJUSTMENT TO THE
2008 CAPITAL IMPROVEMENT BUDGET FOR THE
INGHAM COUNTY FAIRGROUNDS
RESOLUTION #07-292
WHEREAS, the Ingham County Fairgrounds has $50,000.00, in its 2008 Capital Improvements Budget for building maintenance; and
WHEREAS, the Fairgrounds is in need of a new self-contained vacuum trailer for the removal of bedding material after horse shows, for fall leaf collection and other lawn maintenance projects; and
WHEREAS, the Ingham County Fair Manager has recommended and the Fair Board approved the purchase of the vacuum trailer for the amount of $15,266.97; and
WHEREAS, it has been determined that the cooperative agreement of the City of Harrisburg’s, PACC Vehicle and Equipment can be accessed for this purchase; and
WHEREAS, the Purchasing Department has reviewed the purchase of the vacuum trailer and concurs with the purchase.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby authorizes the purchase of a Xtreme Vac Self-Contained Leaf Collector from the ODB Company for $15,266.97.
BE IT FURTHER RESOLVED, that the Ingham County Controller is authorized to transfer the funds from the Capital Improvement Building Maintenance to the Capital Improvement Machinery and Equipment.
COUNTY SERVICES: Yeas: De Leon, Nolan, Copedge, Soule, Severino, Dougan
Nays: None Absent: None Approved 11/20/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 11/26/07
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION APPROVING ENTERING INTO A GRANT WITH THE MICHIGAN DEPARTMENT OF LABOR AND ECONOMIC GROWTH AND APPOINT DOUGLAS A. STOVER AS COUNTY GRANT ADMINISTRATOR FOR THE 2008 REMONUMENTATION PROJECT
RESOLUTION #07-293
WHEREAS, a grant application was submitted to the Office of Land Survey and Remonumentation of the Michigan Department of Labor and Economic Growth, for the sole purpose of receiving funds to implement Ingham County’s Monumentation and Remonumentation Plan; and
WHEREAS, as requested, the Ingham County Remonumentation Committee did consult with and take into account the preferences and needs of local units of government, the Ingham County Road Commission, local surveyors, and area real estate developers in choosing areas in which to work; and
WHEREAS, the Office of Land Survey and Remonumentation of the Michigan Department of Labor and Economic Growth will review Ingham County’s 2008 Survey and Remonumentation Grant Application in the amount of $120,913, and will be forwarding the 2008 Grant Agreement/Contract for execution; and
WHEREAS, as required by Act 345, P.A. 1990, a condition of receiving annual grant funds to implement the County Monumentation and Remonumentation Plan is that the County appoint a County Grant Administrator.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners approves entering into a grant with the Michigan Department of Labor and Economic Growth for the purpose of receiving $120,913 in grant funds for the Ingham County Monumentation and Remonumentation Project in the year 2008.
BE IT FURTHER RESOLVED, upon the respectful recommendation of the Ingham County Remonumentation Committee, that the Ingham County Board of Commissioners appoints Douglas A. Stover, Equalization Director, for the related services of County Grant Administrator as required by Act 345, P.A. 1990.
BE IT FURTHER RESOLVED, that the County Chairperson, County Clerk, and County Grant Administrator have the authority to sign said grant contract documents once the County Attorney has approved said contract.
COUNTY SERVICES: Yeas: De Leon, Nolan, Copedge, Soule, Severino, Dougan
Nays: None Absent: None Approved 11/20/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 11/26/07
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION TO CONTRACT WITH RONNIE M. LESTER AS COUNTY REPRESENTATIVE AND WOLVERINE ENGINEERS AND SURVEYORS, INC. FOR SERVICES AS MONUMENTATION SURVEYOR FOR THE INGHAM COUNTY MONUMENTATION AND REMONUMENTATION PROJECT IN 2008
RESOLUTION #07-293
WHEREAS, Acts 345 and 346, P.A. of 1990, states that each County in the State of Michigan shall prepare a County Monumentation and Remonumentation Plan; and
WHEREAS, the Ingham County Monumentation and Remonumentation Plan was submitted by the Ingham County Board of Commissioners and approved by the State Survey and Remonumentation Commission on June 24, 1992; and
WHEREAS, as required by Act 345, P.A. 1990, a condition of receiving annual grant funds to implement the County Monumentation and Remonumentation Plan is that the County obtain and/or contract with a professional surveyor to oversee the activities of the grant project; and
WHEREAS, Ronnie M. Lester, D.B.A. Polaris Surveying Company, was selected in 1992 to be the Ingham County Representative and has since been an integral part of the implementation of the Ingham County Monumentation and Remonumentation Plan; and
WHEREAS, the Ingham County Remonumentation Committee has gone through a Request for Proposal process to select a qualified surveying company(ies) to conduct the actual research and monumentation field work necessary to accomplish the objectives of the grant agreement; and
WHEREAS, Wolverine Engineers and Surveyors, Inc. submitted a proposal to perform all of the monumentation services for 2008; and
WHEREAS, it is the recommendation of the Purchasing Department, with the concurrence of the Remonumentation Committee, that it is in the County’s best interest to authorize a contract with Wolverine Engineers and Surveyors, Inc. for services as monumentation surveyor for 2008.
THEREFORE BE IT RESOLVED, upon the respectful recommendation of the Ingham County Remonumentation Committee, that the Ingham County Board of Commissioners contract with Ronnie M. Lester, D.B.A. Polaris Surveying Company, upon approval of the 2008 Grant Application by the State Monumentation and Remonumentation Commission, for the related services of County Representative as required by Act 345, P.A. 1990. Said contract to be funded by Survey and Remonumentation grant funds authorized under Act 345, P.A. 1990, for the period of one year, January 1, 2008 through December 31, 2008, at a cost not to exceed $16,900.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes a contract for the services of County Remonumentation Project Surveyor as required by Act 345, P.A., 1990, with Wolverine Engineers and Surveyors, Inc., said contract to be funded by Survey and Remonumentation grant funds for a period of one year, January 1, 2008 through December 31, 2008, in an amount not to exceed $94,813.
BE IT FURTHER RESOLVED, that the County Chairperson and County Clerk have authority to sign said contracts and the County Attorney be directed to prepare the necessary contracts.
COUNTY SERVICES: Yeas: De Leon, Nolan, Copedge, Soule, Severino, Dougan
Nays: None Absent: None Approved 11/20/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 11/26/07
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION AMENDING RESOLUTION 05-296 AUTHORIZING ADJUSTMENTS TO COMMISSIONERS’ COMPENSATION
RESOLUTION #07-295
WHEREAS, the Board of Commissioners is authorized to establish the compensation for the Board of Commissioners; and
WHEREAS, the Board of Commissioners cannot make changes in compensation which affect the Board during the current term, but can make changes to be effective for the next term; and
WHEREAS, Resolution 05-296 set the Board of Commissioners compensation for the period of January 1, 2007 through 2010 with 2.5% increases each year; and
WHEREAS, in light of the difficult budget situation the County will be facing in upcoming years, the Board of Commissioners wishes to reduce their compensation in 2009 and 2010 from a 2.5% increase to a 0% increase in 2009 and a 2% increase in 2010.
THEREFORE BE IT RESOLVED, that effective on the date indicated, the salaries for the Ingham County Board of Commissioners shall be as follows:
January 1, January 1,
2009 2010
Board Chair $16,472 $16,832
Vice Chair, Vice Chair Pro Tem
and all Standing Committee Chairs $11,974 $12,271
Other Commissioners $10.971 $11,250
BE IT FURTHER RESOLVED, that each Commissioner shall be paid a $60.00 per diem for attending each officially called Standing Committee and Board Meeting of which the Commissioner is a member, including Committee of the Whole and Board Leadership to a maximum of eighty (80) per year; provided, however, that a Commissioner shall not be entitled to a payment for more than two (2) meetings per day; and provided further that Commissioners shall not be eligible for payment for a committee meeting which occurs on the same day as a Board Meeting.
BE IT FURTHER RESOLVED, that the Board of Commissioners’ Chairperson, as an Ex-Officio of all Committees, shall be paid a per diem subject to a maximum of 100 per year.
BE IT FURTHER RESOLVED, that the above stated salaries for Ingham County Commissioners shall not preclude a Commissioner from receiving a per diem payment when he/she is appointed to a statutory board and/or agency by the County Board of Commissioners. Commissioners shall receive the same per diem as non-Commissioner members appointed by the Board of Commissioners to statutory boards and/or agencies, in addition to the above stated salary, provided that a per diem Commissioner payment is not prohibited by the specific statute in question.
BE IT FURTHER RESOLVED, that the Board Coordinator shall be responsible for periodically preparing appropriate vouchers for the payment of per diem for each Commissioner, based on the approved minutes of each Standing Committee, Committee of the Whole, and Board Leadership meeting, and that said voucher shall be approved and signed by the individual Commissioners prior to its submission for payment.
BE IT FURTHER RESOLVED, that each Commissioner may, at his/her own expense, purchase health insurance, including dental and vision, as is now offered or as offered in the future provided by the County to its Managers.
BE IT FURTHER RESOLVED, that the retirement benefit for Commissioners shall be MERS plan C-2 with B-1 base, 55F with 15 years; V6, FAC5, with Commissioners paying 3.56% of salary; provided, however, that each Commissioner at the beginning of his/her term has the option of choosing to participate in the retirement plan.
BE IT FURTHER RESOLVED, that Commissioners shall receive reimbursement for travel outside Ingham County only for actual miles traveled on county business, at the rate established by the Internal Revenue Service; provided, however, that said mileage reimbursement is not more than that set for State Officers as determined by the State Officers Compensation Commission. In the event that the above stated mileage reimbursement exceeds the mileage rate established by the State Officers Compensation Commission, then under such circumstances that rate established by the State Officers Compensation Commission shall supersede the above stated rates. This paragraph shall apply to out-of-county travel only. Commissioners shall not receive mileage reimbursement for intra-county travel, except when in the process of traveling in the County as stated above and as otherwise provided hereunder.
BE IT FURTHER RESOLVED, that the reimbursement for expenses associated with conferences and conventions shall continue to be provided for Commissioners in the attached Travel Policy and Procedures for Ingham County Commissioners.
COUNTY SERVICES: Yeas: De Leon, Nolan, Copedge, Soule, Severino, Dougan
Nays: None Absent: None Approved 11/20/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 11/26/07
TRAVEL POLICY AND PROCEDURES
FOR INGHAM COUNTY COMMISSIONERS
1. Each Commissioner may be reimbursed up to $1,500 annually for costs of transportation, meals and lodging associated with attending conferences or conventions in his/her capacity as a County Commissioner. Expenses for incidental travel and alcoholic beverages while at such conferences and conventions will not be reimbursed. Expenses must be reimbursed in the year in which they are incurred.
2. The cost of registration not exceeding $1,000 per Commissioner for in-state and out-of state conferences or conventions may be paid from the Board of Commissioners budget and will not be counted as part of the Commissioners annual $1,500 travel reimbursement allowance.
3. In the event that a Commissioner is appointed or elected to an office by a state or national association, the Board may, by resolution, recognize the position and allocate up to an additional $1,500 annually within the County’s fiscal year to cover increased expenses of attending necessary functions associated with the office.
4. Expenses incurred by a Commissioner in excess of the above limits which are billed to the County will be recovered through payroll deduction unless reimbursed by the Commissioner within 10 working days of receipt of the statement by the Board Office.
5. Original receipts or credit card records must be submitted to obtain reimbursement for travel and lodging expenses.
6. Any funds authorized pursuant to this policy, but unexpended within the fiscal year, cannot be carried over for use in succeeding fiscal years.
7. A Commissioner shall not be reimbursed more than $3,000 for travel expenses within the County’s fiscal year, excluding registration fees.
Moved by Commissioner Celentino, supported by Commissioner Tennis to adopt the resolution. Motion carried, with Commissioners Grebner and Nolan voting no, all others voting yes.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION ESTABLISHING CRITERIA FOR COST SHARING ARRANGEMENTS
FOR PARK & RECREATION FACILITIES WITH OTHER MUNICIPALITIES
RESOLUTION #07-296
WHEREAS, in an effort to foster inter-agency cooperation, the Ingham County Board of Commissioners has identified a need to establish criteria for cost sharing arrangements with other municipalities for park and recreation facilities; and
WHEREAS, in response to a request from the Ingham County Board of Commissioners, the Parks and Recreation Commission adopted a resolution recommending a set of criteria for cost sharing arrangements.
THEREFORE BE IT RESOLVED, that the following criteria for cost sharing arrangements with other municipalities be established and used as guidelines when considering future requests for funding:
1. Consideration may be given to parcels or facilities that are contiguous to, or close enough to an existing County facility to be considered an extension of a County park.
2. Non-motorized pathways, river ways, greenways and other linear facilities may be given special consideration. Since these “linear parks” generally cross multiple jurisdictional boundaries, cost sharing and cooperative maintenance and operating agreements seem to be the best way to plan, fund, and develop them.
Consideration may be given to projects, such as pathways or corridors that link existing parks, neighborhoods, and schools. Such projects foster walkable communities and therefore decrease reliance on automobiles.
3. Special consideration may be afforded to a request for a municipality which has a history of contributing to County Parks projects. For instance, Lansing and Ingham County have an extensive history of engaging in not only joint projects, but in contributing to each other’s projects on a regular basis. Consideration should be given to municipalities who have an interest in partnering with Ingham County on future projects. There should be a clear mutual interest in such projects and a willingness on the part of potential partners to share in the cost.
4. Consideration may be given to a project if it is regional in nature; a unique feature or recreational opportunity; and expected to draw visitors from most of the County.
COUNTY SERVICES: Yeas: De Leon, Nolan, Copedge, Soule, Severino, Dougan
Nays: None Absent: None Approved 11/20/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 11/26/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Finance Committee:
RESOLUTION TO AMEND THE 2007 APPORTIONMENT REPORT
RESOLUTION #07-297
WHEREAS, the 2007 Apportionment Report was approved by Resolution #07-254; and
WHEREAS, subsequent to that approval certain corrections have become necessary.
THEREFORE BE IT RESOLVED, that Resolution #07-254 be amended by substituting the attached statement of taxable valuations and mills apportioned to the various units in Ingham County for the year 2007.
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 11/26/07
Moved by Commissioner Celentino, supported by Commissioner De Leon to adopt the resolution. Motion carried on a unanimous roll call vote.
The following resolution was introduced by the Human Services and Finance Committee:
RESOLUTION TO AMEND THE REGULATION
TO REQUIRE A LICENSE FOR THE RETAIL SALE OF TOBACCO, TO PROHIBIT SALE OF TOBACCO TO MINORS, AND TO RESTRICT LOCATION OF TOBACCO VENDING MACHINES
RESOLUTION #07-298
WHEREAS, the Ingham County Board of Commissioners has established a Regulation Requiring a License for the Retail Sale of Tobacco, to Prohibit the Sale of Tobacco to Minors, and Restricting the Location of Tobacco Vending Machines (#92-95) in order to protect the health and safety of the residents of Ingham County; and
WHEREAS, the existing Tobacco Regulation has not been updated since 1992; and
WHEREAS, the Health Officer has recommended amendments to the Tobacco Regulation to enable compliance checks in hookah lounges, establish equity in license fees, and raise penalties for businesses who sell tobacco to minors, and
WHEREAS, notice of a public hearing was published on October 22, 2007, a public hearing was held before the Human Services Committee on November 5, 2007, and the changes were approved by the committee on November 19, 2007;
THEREFORE BE IT RESOLVED, that the Regulation Requiring a License for the Retail Sale of Tobacco, to Prohibit the Sale of Tobacco to Minors, and Restricting the Location of Tobacco Vending Machines (#92-95) be amended as recommended, (copy attached and incorporated by reference), including the provisions to make it unlawful for a person to sell or attempt to sell or deliver tobacco to an individual under eighteen (18) years of age, to support tobacco education and cessation programs in the community with revenue generated through license fees and penalties, to assure equity in licensing fees across the County, and to increase the penalties for violations by licensed tobacco retailers to $50.00 for a first offense; $250.00 for a second offense; $500.00 for a third offense; and $1,000.00 for a fourth and subsequent violations.
BE IT FURTHER RESOLVED, that these changes are effective January 1, 2008.
HUMAN SERVICES: Yeas: Hertel, Grebner, Bahar-Cook, Schor, Soule, Severino
Nays: None Absent: None Approved 11/19/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 11/26/07
INGHAM COUNTY
REGULATION TO REQUIRE LICENSE FOR THE RETAIL SALE OF TOBACCO, AND TO PROHIBIT SALE OF TOBACCO TO MINORS, AND TO RESTRICT LOCATION OF TOBACCO VENDING MACHINES
ARTICLE I – TITLE, AUTHORITY, JURISDICTION, PURPOSE AND ADMINISTRATION
1-1 Title – This regulation shall be identified by the title “Regulation to Require License for Retail Sale of Tobacco, to Prohibit Sale of Tobacco to Minors, and to Restrict Location of Tobacco Vending Machines.”
1-2 Authority – This regulation is hereby adopted pursuant to authority conferred upon local health departments by Section 244(1) of the Michigan Public Health Code, 1978 P.A. 368, as amended.
1-3 Jurisdiction and Administration
(1) This regulation shall have effect throughout Ingham County in all areas incorporated and unincorporated, which includes cities, villages, and townships.
(2) The Health Officer shall have responsibility for administering and enforcing this regulation, including all amendments hereafter adopted unless otherwise specifically stated.
1-4 Purpose
(1) Ingham County hereby finds and declares that:
(a) the U.S. Surgeon General has identified cigarette smoking as the single most important preventable cause of premature morbidity and mortality.
(b) the Director of the National Institute on Drug Abuse has concluded that the majority of Americans who die each year from cigarette smoking “became addicted to nicotine as adolescents before the age of legal consent.”
(c) the selling, giving, or furnishing of tobacco products to a person under 18 years of age is prohibited by the Michigan Youth Tobacco Act, 1915 P.A. 31, as amended.
(d) studies have shown that a significant number of children under the legal age to purchase tobacco are still able to do so either directly or through vending machines.
(2) This regulation is hereby adopted to safeguard the public health by requiring a license to engage in the retail sale of tobacco, by prohibiting the sale of tobacco to minors, and by restricting the location of tobacco vending machines so as to limit access by minors.
1-5 Right of Entry and Inspection
(1) The Health Officer, or any other person charged with enforcement of this regulation, after giving proper identification, may inspect any matter, thing, premise, place, person, record, vehicle, incident, or event as provided for by Section 2446 of the Michigan Public Health Code, 1978 P.A. 368, as amended.
(2) The Health Officer may apply for an inspection or investigation warrant pursuant to Section 2242 of the Michigan Public Health Code, 1978 P.A. 368, as amended, to assure compliance with this regulation and other laws that the Health Officer has the duty to enforce.
(3) It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer, or any other person charged with enforcement of this regulation during the routine performance of his or her duties.
(4) The Health Officer may request the assistance of the Ingham County Sheriff’s Department, or other police agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
1-6 Severability – If any section, subsection, clause or phrase of this regulation is for any reason declared unconstitutional or invalid, it is hereby provided that the remaining portions of this regulation shall not be affected.
1-7 Other Laws and Regulations
(1) This regulation is supplemental to the Michigan Public Health Code, 1978 P.A. 368, as amended, and to other statutes duly enacted by the State of Michigan relating to the public health and safety. Where the provisions of any other state law, local ordinance or regulation, or administrative rules apply, the more restrictive of any or all laws, ordinances, regulations or rules shall prevail.
(2) This regulation shall be liberally construed for the protection of the health, safety, and welfare of the people of Ingham County. This regulation shall control over a less stringent provision enacted by a local governmental entity for the protection of public health.
(3) Neither the Health Officer nor any other person empowered to enforce the provisions of this regulation shall knowingly implement provisions of this regulation if in so doing a violation of any state statute, regulation or rule would exist.
1-8 Amendments – Ingham County may amend, supplement or change this regulation or portions thereof, subject to the approval of the Board of Commissioners for Ingham County.
1-9 Approval and Effective Date – This regulation shall become effective on January 1, 1993.
1-10 Power to Establish Policy and Guidelines
(1) The Health Officer is hereby granted the authority to establish policies and guidelines, not in conflict with the purpose and intent of this regulation, for the purpose of carrying out the responsibilities herein delegated to the Health Officer by law.
(2) All such policies and guidelines shall be in writing and shall be kept in a policy file available for public inspection upon request. These policies and guidelines are subject to review and approval by the Human Services Committee of Ingham County Board of Commissioners.
1-11 Public Education – The Health Officer shall conduct public education programs directed at informing tobacco retailers and the general public about laws, rules and regulations related to tobacco sales, the health effects of tobacco use, and resources for tobacco control programs.
1-12 Investigations – The Health Officer shall conduct investigations and make recommendations to the County Board of Commissioners as to the effectiveness of this regulation in denying access of tobacco products to minors and provide periodic reports on the rate of tobacco sales to minors in Ingham County.
1-13 Complaints –Complaints received by the department may be made in writing or over the telephone. The department may develop forms on which a complainant may describe the nature of a complaint.
ARTICLE II – GENERAL DEFINITIONS
2-1 Interpretation – When not inconsistent with the context, words used in the present tense include the future, words used in the singular number include the plural number, and words used in the plural number include the singular. The word “shall” is always mandatory. Words, terms or expressions not defined herein shall be interpreted in the manner of their commonly accepted meaning.
2-2 Board of Health – Shall mean the Board approved by the Ingham County Board of Commissioners to sit as a “Board of Health”; may generally refer to the Ingham County Health Department.
2-3 Health Department – Shall mean the Ingham County Health Department, and may be referred to herein this regulation as the “Department”.
2-4 Health Officer – Shall mean the Administrative Director of the Ingham County Health Department, and/or his or her authorized representatives.
2-5 Person – Shall mean an individual, partnership, cooperative, association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
2-6 Tobacco – Shall mean any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and other personal use including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
2-7 Tobacco Retailer – Shall mean any person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of tobacco are made to purchasers for consumption or use.
2-8 Vending Machine – Shall mean any automated, self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses cigarettes or other tobacco products.
2-9 Vending Machine Location – Shall mean the room, enclosure, space or area where a tobacco vending machine is installed and operated.
ARTICLE III – PROHIBITION OF TOBACCO SALES
3-1 Prohibition of Tobacco Sales to Minors – As of the effective date of this regulation, it shall be unlawful for a person to sell or attempt to sell or deliver tobacco to an individual under eighteen (18) years of age, and it shall be unlawful for a person under eighteen (18) years of age to purchase or attempt to purchase any tobacco product.
3-2 Signs Required – Signs informing the public of the age restrictions provided for herein shall be posted by every retailer at or near every display of tobacco products, at the point of sale and on or upon every vending machine which offers tobacco products for sale. Each such sign shall be plainly visible and shall meet the requirements of the Michigan Youth Tobacco Act, 1915 P.A. 31, as amended.
3-3 Identification Required – As of the effective date of this regulation, it shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco to any individual without requesting and examining identification from the purchaser positively establishing the purchaser’s age of eighteen (18) years or greater unless the seller has some other conclusive basis for determining the buyer is over the age of eighteen (18) years. In the event the seller does not request and examine identification from the purchaser, the seller shall be deemed to have not had “a conclusive basis” under this section if the purchaser is in fact a minor. Identification shall be by means of an officially issued card accepted as proof of age in the State of Michigan.
ARTICLE IV – LICENSE REQUIRED
4-1 License Required – As of the effective date of this regulation, it shall be unlawful for any person in Ingham County to sell tobacco unless that person possesses a valid tobacco retailer’s license or vending machine license from the Ingham County Health Department for each location where tobacco sales are conducted. The license shall be good for a one year term if the licensee complies with the provisions of this regulation.
4-2 License Application and Issuance – Application for a tobacco retailer’s of vending machine license shall be submitted in the name of the person proposing to conduct such sales of tobacco and shall be signed by such person or his agent.
All applications shall be submitted on a form supplied by the Ingham County Health Department and accompanied by the required license fee.
The application form shall contain at least the following information:
(1) The business name, address, and telephone number of the establishment where tobacco is sold.
(2) The name, home address, and home telephone number of the applicant if the applicant is an individual.
(3) The name, address, and telephone number of the corporate office, if applicable.
4-3 License Fee
(1) The license fee shall be established by the Ingham County Board of Commissioners according to the Michigan Public Health Code, 1978 P.A. 368, as amended. Fees may be adjusted from time to time by the Ingham County Board of Commissioners. Any revenue generated through license fees authorized here shall be used for licensing, enforcement, dissemination of information concerning the requirements of this regulation, and for tobacco control programs.
(2) In the event the applicant for a tobacco retailer’s license can establish that he or she is in possession of a valid tobacco retailer’s license issued under a duly adopted ordinance of a Township or Municipality within the County of Ingham for the same address, or for the same vending machine for which the applicant is seeking a County vending machine license, the County shall issue a license, and the applicant shall pay to the county the difference between the annual cost of the municipal license fee and the county license fee.
4-4 Non-Transferability – A tobacco retailer’s or vending machine license is non-transferable, except, if a tobacco retailer changes address or a vending machine is moved, a new license will be issued for the new address upon receipt of an application for change of address. The license will retain the same expiration date as that previously issued and no additional fee will be charged.
4-5 License Display – A current tobacco retailer’s license shall be displayed in a conspicuous place in each location where tobacco sales are conducted.
ARTICLE V – VENDING MACHINES
5-1 Vending Machines – Except as provided in this article, no person shall sell cigarettes or tobacco products through a vending machine.
5-2 Supervised Establishments – A vending machine may be operated in an establishment if fully located within the premises, no less than twenty (20) feet from all exits, and is under the direct supervision of the tobacco retailer or his/her adult employee through either:
(1) direct visual supervision of the tobacco retailer or his/her adult employee, or
(2) the vending machine can only be operated by a functioning remote control
device, which is inaccessible to the purchaser and is not capable of being locked into an “on” position, and is operated for each sale by the tobacco retailer or his/her adult employee.
ARTICLE VI – CERTAIN FREE DISTRIBUTIONS PROHIBITED
6-1 Certain Free Distributions Prohibited – No person shall deliver cigarettes or tobacco products to any other person at no cost or at nominal cost for product promotional purposes without obtaining a temporary permit for such distribution. Applications for temporary permits shall be submitted to the Health Officer at least thirty (30) days prior to the event. The Health Officer shall grant a temporary permit when the tobacco products shall be distributed in an area in which persons under eighteen (18) years of age are denied admission, and in such other cases where the place of distribution reasonably assures distribution of tobacco products to adults only. In no case, shall any tobacco product be provided at no cost or nominal cost to any person under eighteen (18) years of age.
ARTICLE VII – ENFORCEMENT
7-1 Schedule of Monetary Civil Penalties
(1) Any licensed tobacco retailer who violates any provision of this Regulation shall be assessed a monetary civil penalty of Fifty Dollars ($50.00) for the first violation; Two Hundred Fifty Dollars ($250.00) for a second violation; and Five Hundred Dollars ($500.00) for a third violation; and One Thousand ($1,000.00) for fourth and subsequent violations.
(a) Any employee or agent of a tobacco retailer who violates any provision of this regulation shall be assessed a monetary civil penalty of fifty ($50.00) for the first violation; one hundred dollars ($100.00) for a second violation; and two hundred dollars ($200.00) for a third and subsequent violations.
(b) An employee or agent of a tobacco retailer who violates any provision of this regulation as a first violation may participate in a tobacco control educational program provided by the Ingham County Health Department within 90 days of the violation in lieu of the monetary civil penalty.
(c) Any person under eighteen (18) years of age who purchases, or attempts to purchase, any tobacco product shall be assessed a monetary civil penalty of fifty dollars ($50.00) for the first violation; one hundred dollars ($100.00) for a second violation; and two hundred dollars ($200.00) for a third and subsequent violations.
(2) Any person who sells tobacco without a valid tobacco retailer’s license may be assessed a monetary civil penalty of Two Hundred Dollars ($200.00) for each day that a violation occurs.
(3) Any person who shall deliver cigarettes or tobacco products to any other person at no cost or at a nominal cost for product promotional purposes in violation of this Regulation shall be assessed a monetary civil penalty of two hundred dollars ($200.00) for each day that a violation occurs.
(4) Within twenty (20) days after receipt of a citation, the alleged violator may appeal the citation as provided in Section 2462 of the Michigan Public Health Code, 1978 P.A. 368. Further appeals, as provided by statute, may be to the Ingham County Board of Health, or a committee thereof.
(5) Each day that a violation continues shall be deemed as a separate violation.
7-2 Violations, Misdemeanor
(1) When, in the discretion of the Health Officer, the penalty provided in section 7-1 of this Regulation is not effective in enforcing this Regulation, the Health Officer and his/her designees are hereby authorized to issue appearance tickets with respect to violations of a provision of this Regulation, if those individuals had reasonable cause to believe that the person has committed an offense in violation of this Regulation.
(2) A person who violates this regulation is guilty of a misdemeanor, punishable by imprisonment for not more than ninety (90) days, or a fine of not more than two hundred dollars ($200.00), or both.
(3) Each day a violation continues shall be deemed as a separate offense.
7-3 License Suspension and Revocation – A tobacco retailer’s license may be suspended or revoked by the Health Officer for cause if the licensee fails to comply with the provisions of this regulation. These sanctions are in addition to the monetary penalties provided for in Section 7-1 of this regulation. A license may be suspended or revoked as follows:
(1) In the case of a first and single violation of this regulation, the licensee shall be given notification, in writing, of provisions for license suspension or revocation in the event of additional or further violations; and
(2) In the case of two (2) violations within any three-year period, the license may be suspended for thirty (30) days; and
(3) In the case of three (3) violations within any three-year period, the license may be suspended for ninety (90) days; and
(4) In the case of four (4) violations within any three-year period, the license may be revoked for one year.
(5) Each sale of tobacco to a minor shall constitute a separate violation.
(6) Decisions of the Health Officer may be appealed to the Board of Health. Such appeal shall be filed within (10) ten days after the order is served on the licensee. An appeal shall stay all proceedings until a final decision by the Board of Health.
ARTICLE VIII – INJUNCTIVE PROCEEDINGS
8-1 Injunctive Proceedings – Notwithstanding the existence and pursuit of any other remedy, the Health Officer or his/her designee, without posting bond, may maintain an action in a court of competent jurisdiction for an injunction or other process against any person to restrain or prevent a violation of this regulation.
4/24/92
Adopted as part of the consent agenda.
The following resolution was introduced by Human Services, County Services and Finance Committees:
RESOLUTION TO AUTHORIZE INGHAM COUNTY TO DONATE SURPLUS COMPUTER EQUIPMENT TO GRACE TABERNACLE CHURCH FOR THEIR AFTER SCHOOL COMPUTER LAB PROGRAM
RESOLUTION #07-299
WHEREAS, Ingham County has periodic need to dispose of surplus computer equipment; and
WHEREAS, Grace Tabernacle Church After School Computer Lab Program is in need of computer equipment to provide at-risk youth with a safe place after school, to expose them to computers and technology, and tutor them in core subject areas of math, reading and writing; and
WHEREAS, Grace Tabernacle Church, on behalf of the After School Computer Lab Program, is willing to enter into an agreement with Ingham County for the use of surplus County computer equipment to assist these at-risk youth to gain access to technology; and
WHEREAS, Ingham County currently has surplus computer equipment available to donate to Grace Tabernacle Church for the After School Computer Lab Program.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby authorizes an agreement with Grace Tabernacle Church, on behalf of the After School Computer Lab Program, for the use of up to 30 surplus computers.
BE IT FURTHER RESOLVED, that the Board Chairperson and County Clerk are authorized to sign the agreement upon approval as to form by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Grebner, Bahar-Cook, Schor, Soule, Severino
Nays: None Absent: None Approved 11/19/07
COUNTY SERVICES: Yeas: De Leon, Nolan, Copedge, Soule, Severino, Dougan
Nays: None Absent: None Approved 11/20/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 11/26/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services Committee:
RESOLUTION HONORING THE WHITMER FAMILY ENDOWMENT
RESOLUTION #07-300
WHEREAS, Caring About Kids, Inc. is a private charitable group that helps foster children in Ingham County by providing funding for needs that are not paid for by other sources; and
WHEREAS, their mission is to empower foster children in
Ingham County t o feel loved, understood, unique and protected; to be educated,
to celebrate the large and small gifts of childhood; to realize they are
special and important and to become useful members of our community; and
WHEREAS, local and federal sources provide the food, shelter and medical services, however, they do not provide monies for special items necessary for foster children; and
WHEREAS, most foster children arrive at foster care homes with very few belongings, the needs of these children can range from dental care to a simple pair of tennis shoes; and
WHEREAS, Caring About Kids, Inc. provides money for Christmas gifts, sports activities, music lessons, summer camp experiences, instruments, and many other things; and
WHEREAS, the Whitmer Family Endowment recently contributed $25,000 to Caring About Kids, Inc., to help make the lives of these foster children a little brighter.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby honors the Whitmer Family Endowment for their generous donation to Caring About Kids, Inc., and for helping to make the dreams of the foster children in Ingham County a reality.
HUMAN SERVICES: Yeas: Hertel, Grebner, Bahar-Cook, Schor, Soule, Severino
Nays: None Absent: None Approved 11/19/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services and Finance Committees:
RESOLUTION TO AUTHORIZE A CONTRACT WITH PATRIOT SERVICES TO ASSIST WITH THE COMPLETION OF THE 2007-2008 EMERGENCY PREPAREDNESS GRANT REQUIREMENTS
RESOLUTION #07-301
WHEREAS, the Ingham County Health Department (ICHD) plays an important role in preparing the community to address natural and man-made disasters; and
WHEREAS, each year the Centers for Disease Control (CDC) through the Michigan Department of Community Health awards emergency preparedness grants to local health department; and
WHEREAS, the 2007-2008 grant guidance document and final work plan requirements were received by ICHD two months into the grant period; and
WHEREAS, the grant period is three weeks shorter than in past years; and
WHEREAS, the 2007-2008 grant requirements are a continuation of the work performed last year; and
WHEREAS, the grant guidance document requires ICHD to continue to implement training programs and exercises that support the competencies related to the ICHD Emergency Response Plan with a minimum of two exercises per year; and
WHEREAS, in the past, Patriot Services Corporation has worked with the ICHD to meet the grant requirements, including the development of the Continuity of Operations Plan (COOP); and
WHEREAS, in the past, Patriot Services Corporation delivered excellent services to the ICHD; and
WHEREAS, the ICHD needs a consultant who can begin working with staff immediately to meet the grant requirements; and
WHEREAS, Patriot Service Corporation has submitted an acceptable proposal to assist the ICHD with the 2007-2008 grant requirements; and
WHEREAS, the Health Officer has recommended that the Board of Commissioners authorize an agreement with Patriot Services Corporation and has confirmed that the funds to support the agreement are included in the Public Health Preparedness 2008 Budget; and
WHEREAS, the Purchasing Department concurs with the Health Officer’s recommendation that the Board of Commissioners authorize an agreement with Patriot Services Corporation.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes an agreement with Patriot Services Corporation of Southfield, Michigan to train key staff on the existing Continuity of Operations Plan (COOP), execute a drill exercising the Dispensing Site Plan, and complete a full scale exercise involving the Pandemic Influenza Plan, Dispensing Site Plan, and COOP plan.
BE IT FURTHER RESOLVED, that Patriot Service Corporation performs these services during the period of November 15, 2007 through July 31, 2008, for an amount not to exceed $42,670.
BE IT FURTHER RESOLVED, that the Board Chairperson is authorized to sign the agreement after review by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Grebner, Bahar-Cook, Schor, Soule, Severino
Nays: None Absent: None Approved 11/19/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 11/26/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services and Finance Committees:
RESOLUTION TO AUTHORIZE A GRANT CONTRACT WITH THE
SUSAN G. KOMEN FOUNDATION FOR THE CURE, INC.
RESOLUTION #07-302
WHEREAS, Ingham County operates the Breast and Cervical Cancer Control Program (BCCCP) in eight Michigan counties, including Oakland; and
WHEREAS, the BCCCP program is funded with federal funds re-appropriated by the State and allocated by the Michigan Department of Community Health to local programs, and those funds are limited; and
WHEREAS, the Ingham County Health Department was advised that grant funds were available to support cancer prevention programs in Oakland County and the Department submitted a proposal to the Susan G. Komen Foundation for the Cure, Inc. to provide clinic services in Oakland County; and
WHEREAS, the Susan G. Komen Breast Cancer Foundation has awarded a grant to support those services in Oakland County; and
WHEREAS, the Health Officer has recommended that the Board of Commissioners authorize the grant agreement.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes a grant agreement with the Susan G. Komen Foundation for the Cure, Inc. for the purpose of providing clinic services to women in Oakland County in the Breast and Cervical Cancer Control Program.
BE IT FURTHER RESOLVED, that the period of the grant contract shall be November 1, 2007 through October 31, 2008, and that the Susan G. Komen Foundation for the Cure, Inc. will pay Ingham County up to $50,000 to support the enhancement effort in Oakland County.
BE IT FURTHER RESOLVED, that the Controller is authorized to amend the Health Department’s 2008 Budget to implement this resolution.
BE IT FURTHER RESOLVED, that the Board Chairperson is authorized to sign the grant contract after review by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Grebner, Bahar-Cook, Schor, Soule, Severino
Nays: None Absent: None Approved 11/19/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 11/26/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services and Finance Committees:
RESOLUTION TO AUTHORIZE AN AGREEMENT WITH EATON INTERMEDIATE SCHOOL DISTRICT TO PREVENT AND REDUCE TOBACCO USE IN
INGHAM COUNTY
RESOLUTION #07-303
WHEREAS, Eaton Intermediate School District has partnered with Mid-South Substance Abuse Commission to formalize the capacity of the Ingham Substance Abuse Prevention Coalition to support, collaborate, and advocate for stronger prevention measures of tobacco access and availability; and
WHEREAS, the Ingham Substance Abuse Prevention Coalition’s Implementation Plan for 2008 includes several outcomes targeted to prevent and reduce tobacco use in Ingham County; and
WHEREAS, the Ingham County Health Department is committed to preventing and reducing the use of tobacco; and
WHEREAS, the Ingham County Health Department has been requested to engage in the activities related to tobacco prevention and reduction in the Ingham Substance Abuse Prevention Coalition’s Implementation Plan; and
WHEREAS, Eaton Intermediate School District has agreed to pay $35,818.50 for performance of such activities.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes entering into a contract with Eaton Intermediate School District for $35,818.50 to engage in the tobacco prevention and reduction activities.
BE IT FURTHER RESOLVED, the contract period shall be from October 1, 2007 through September 30, 2008.
BE IT FURTHER RESOLVED, that the Controller, on the recommendation of the Health Officer, is authorized to utilize contract funds to reimburse County employees for travel and other expenses related to the tobacco prevention and reduction activities as specified in the Ingham Substance Abuse Prevention Coalition’s Implementation Plan investment plan, utilizing the standard procedures and reimbursement rates set out in policies adopted by the Board of Commissioners.
BE IT FURTHER RESOLVED, that the Chairperson of the Ingham County Board of Commissioners is authorized to sign any budget contract documents as prepared by or approved as to form by the County Attorney consistent with this resolution.
HUMAN SERVICES: Yeas: Hertel, Grebner, Bahar-Cook, Schor, Soule, Severino
Nays: None Absent: None Approved 11/19/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 11/26/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services and Finance Committees:
RESOLUTION TO AUTHORIZE AN AMENDMENT TO THE 0-3 SECONDARY PREVENTION GRANT WITH THE CHILDREN’S TRUST FUND
RESOLUTION #07-304
WHEREAS, the Ingham County Health Department operates the JumpStart Family Outreach Program, intended to improve maternal and child health and prevent child abuse and neglect; and
WHEREAS, the JumpStart project receives funding from several different grants, with the principal grant from the Children’s Trust Fund (CTF); and
WHEREAS, the Agreement was authorized in Resolution #03-304 for the period of October 1, 2003 through September 30, 2004 in the amount of $133,450; and
WHEREAS, the Agreement has been amended for each of the subsequent grant years; and
WHEREAS, the CTF has proposed an amendment to the Agreement for the period of October 1, 2007 through September 30, 2008 in the amount of $135,560; and
WHEREAS, the Health Officer has recommended that the Board of Commissioners authorize the Amendment.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes an amendment to the Agreement between Ingham County and the Children’s Trust Fund to provide maternal and child supportive services in the amount of $135,560 for the extended time period of October 1, 2007 through September 30, 2008.
BE IT FURTHER RESOLVED, that the Health Department is authorized to execute any subcontracts necessary to implement the grant initiative, utilizing standard County processes.
BE IT FURTHER RESOLVED, that the Controller is authorized to amend the Health Department budget in order to implement this resolution.
BE IT FURTHER RESOLVED, that the Board Chairperson is authorized to sign the amendment and any subcontracts after review by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Grebner, Bahar-Cook, Schor, Soule, Severino
Nays: None Absent: None Approved 11/19/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 11/26/07
Moved by Commissioner Hertel, supported by Commissioner Tennis to adopt the resolution.
Commissioner Bahar-Cook disclosed that she sits on the Board of Directors for the Children’s Trust Fund and that she is entitled to, but does accept compensation.
Motion to adopt carried unanimously.
The following resolution was introduced by the Human Services and Finance Committees:
RESOLUTION TO AUTHORIZE AN AGREEMENT WITH THE
SCHOOL COMMUNITY HEALTH ALLIANCE OF MICHIGAN
RESOLUTION #07-305
WHEREAS, the W.K. Kellogg Foundation has issued a grant to Ingham County to assist school-based and school-linked health centers in Michigan in the development of capacities to serve vulnerable populations, including low-income and Medicaid-eligible persons; and
WHEREAS, collaborative agreements with the W.K. Kellogg Foundation and the School Community Health Alliance of Michigan were authorized in Resolutions #06-283 and #06-331; and
WHEREAS, authorization for a contract with the School Community Health Alliance of Michigan is needed for the period October 1, 2007 through September 30, 2008.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes a contract with the School Community Health Alliance of Michigan which was formed for the purpose of working to stabilize funding for school-based health centers and making quality health care more accessible and sustainable for children and youth.
BE IT FURTHER RESOLVED, that the contract with the School Community Health Alliance of Michigan shall be for the period October 1, 2007 through September 30, 2008, and shall be for an amount not to exceed $1,362,825, supported by funds from the W.K. Kellogg Foundation and federal Medicaid matching funds.
BE IT FURTHER RESOLVED, that the Board of Commissioners hereby amends Resolution #07-223 to increase the allocation to the contract with the School Community Health Alliance of Michigan up to $1,362,825.
BE IT FURTHER RESOLVED, that the Board of Commissioners authorizes an amendment to the FY2008 Comprehensive Planning Budgeting and Contracting (CPBC) Agreement with the Michigan Department of Community Health (MDCH) to reflect the FY2008 service contract with the School Community Health Alliance of Michigan for an amount up to $1,362,825 (federal Medicaid match $476,989; Kellogg Foundation $885,836).
BE IT FURTHER RESOLVED, that the Controller is authorized to amend the Health Department’s 2008 Budget to implement this resolution.
BE IT FURTHER RESOLVED, that the Board Chairperson is authorized to sign the contract with the School Community Health Alliance of Michigan and the Amendment to the CPBC Agreement with MDCH after review by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Grebner, Bahar-Cook, Schor, Soule, Severino
Nays: None Absent: None Approved 11/19/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 11/26/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services, County Services, and Finance Committees:
RESOLUTION TO ESTABLISH A TOBACCO ADDICTION SPECIALIST POSITION AT THE INGHAM COUNTY HEALTH DEPARTMENT
RESOLUTION #07-306
WHEREAS, tobacco use is a leading cause of preventable illness and death; and
WHEREAS, the Centers for Disease Control labels tobacco dependence as a chronic disease and recommends treatment for it be an integral element of health care delivery; and
WHEREAS, the Health Department is uniquely positioned to assist low income residents (including many pregnant women who smoke) seeking care and services to stop smoking; and
WHEREAS, creation of a permanent Tobacco Addiction Specialist position within the Health Department will both improve customer service and increase the quality of life for Ingham County residents who avail themselves of the service; and
WHEREAS, the Tobacco Addiction Specialist position can be funded by billing for the services provided; and
WHEREAS, the Health Officer has advised that no additional funds are required to implement the proposed position.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners establishes a new Tobacco Addiction Specialist position at the ICEA PRO 5 level within the Health Department.
BE IT FURTHER RESOLVED, that these actions are effective October 1, 2007.
HUMAN SERVICES: Yeas: Hertel, Grebner, Bahar-Cook, Schor, Soule, Severino
Nays: None Absent: None Approved 11/19/07
COUNTY SERVICES: Yeas: De Leon, Nolan, Copedge, Soule, Severino, Dougan
Nays: None Absent: None Approved 11/20/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 11/26/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services, County Services and Finance Committee:
RESOLUTION TO AUTHORIZE THE CONTINUATION OF A MEMORANDUM OF AGREEMENT WITH AND A GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICES
RESOLUTION #07-307
WHEREAS, the Ingham County Board of Commissioners has identified a priority to support the neighborhood network centers and uses the budgets of the Health Department and Ingham County MSU Extension as the principal vehicles of support; and
WHEREAS, Resolution #06-333 authorized a Memorandum of Agreement with the Corporation for National and Community Services (CNCS) for the purpose of providing Ingham County with up to thirteen (13) America Corps*VISTA members to perform volunteer service to strengthen and supplement efforts to eliminate poverty and poverty-related human, social, and environmental problems; and
WHEREAS, Resolution #06-333 authorized that the Memorandum of Agreement for the period December 10, 2006 through December 8, 2007; and
WHEREAS, the Health Officer and the Ingham County MSU Extension Director have recommended that the Board of Commissioners authorize the continuation of the Memorandum of Agreement with the CNCS and accept a $25,000 grant.
THEREFORE BE IT RESOLVED, that a continuation of the Memorandum of Agreement be authorized for the period December 9, 2007 through September 30, 2008, with the Health Department acting as fiduciary on behalf of the Power of We Consortium.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes a grant from the CNCS of $25,000 for the period October 1, 2007 through September 30, 2008, for the purpose of supporting a coordinator of VISTA volunteers assigned to Ingham County sites.
BE IT FURTHER RESOLVED, that the Board of Commissioners authorizes the transfer of $25,000 from the Health Fund to the 2007 Budget of Ingham County MSU Extension to cover the employment costs of the VISTA Project Coordinator/Community Development Facilitator.
BE IT FURTHER RESOLVED, that the Controller is authorized to amend the 2008 Health Department and Ingham County MSU Extension Budgets to implement this resolution.
BE IT FURTHER RESOLVED, that the Board Chairperson is authorized to sign the Memorandum of Agreement and any documents associated with the grant after review by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Grebner, Bahar-Cook, Schor, Soule, Severino
Nays: None Absent: None Approved 11/19/07
COUNTY SERVICES: Yeas: De Leon, Nolan, Copedge, Soule, Severino, Dougan
Nays: None Absent: None Approved 11/20/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 11/26/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Law Enforcement, Judiciary and Finance Committees:
RESOLUTION AUTHORIZING A CAREER QUEST CONTRACT EXTENSION FOR THE INTEGRATION PHASE OF THE INTEGRATED JUSTICE INFORMATION SYSTEM
RESOLUTION #07-308
WHEREAS, the Board of Commissioners is under contract with Career Quest for professional management services on the Integrated Justice Information System (IJIS) project; and
WHEREAS, the last authorization was through December of 2007; and
WHEREAS, the IJIGS Committee is recommending that the contract be continued to ensure integration progress continues.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners shall continue a contract with Career Quest for professional management services for the IJIS Project, to be continued for integration as determined by the IJIGS Committee and the Controller but not to continue after December 31, 2008 or $66,893.60 or upon completion, whichever occurs first.
BE IT FURTHER RESOLVED, that the Controller is authorized to make the necessary budget adjustments to the 2008 Budget in accordance with this resolution.
BE IT FURTHER RESOLVED, that the contract funds will come from the IJIS budget.
BE IT FURTHER RESOLVED, that upon the recommendation of the IJIGS Committee, the Chairperson of the Ingham County Board of Commissioners and the County Clerk are authorized to sign any contract documents 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 11/15/07
JUDICIARY: Yeas: Bahar-Cook, Schor, Holman, Nolan, Schafer
Nays: None Absent: Weatherwax-Grant Approved 11/15/07
FINANCE: Yeas: Celentino, Weatherwax-Grant, Grebner, Hertel, Tennis, Dougan
Nays: None Absent: None Approved 11/26/07
Adopted as part of the consent agenda.
The following resolution was introduced by the Law Enforcement, Judiciary, Human Services, County Services and Finance Committees:
RESOLUTION AUTHORIZING 2008 AGREEMENTS FOR COMMUNITY AGENCIES
RESOLUTION #07-309
WHEREAS, the 2008 Ingham County Budget has been approved by the Finance Committee; and
WHEREAS, under the Community Agency Program a number of agencies have been allocated funds to provide important services that are consistent with the County’s Strategic Planning Objective to Ingham County residents.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby directs the County Attorney to draft contracts for the period of January 1, 2008 through December 31, 2008 for each Community Agency listed on the attached, in accordance with the dollar amounts allocated in the amended 2008 Budget as stated below, and for the services to Ingham County residents previously approved by the liaison committees:
Liaison Committee 2008 Amended Budget Allocation
County Services Committee $ 28,000.00
Human Services $131,635.00
Judiciary $ 39,000.00
Law Enforcement $ 15,525.00
TOTAL $214,160.00
BE IT FURTHER RESOLVED, that a net amount of $1,250 will be appropriated from the 2008 Contingency fund to increase the total allocation for community agencies from the adopted amount of $212,910 to the amended amount of $214,160.
BE IT FURTHER RESOLVED, that the Board Chairperson and County Clerk are authorized to sign the necessary contracts after review by the County Attorney.
LAW ENFORCEMENT: Yeas: Copedge, Tennis, Celentino, De Leon
Nays: Holman, Schafer Absent: None Approved 11/15/07
JUDICIARY: Yeas: Bahar-Cook, Schor, Weatherwax-Grant, Holman, Nolan, Schafer
Nays: None Absent: Approved 11/1/07
HUMAN SERVICES: Yeas: Hertel, Grebner, Bahar-Cook, Schor, Soule
Nays: None Absent: Severino Approved 11/5/07
COUNTY SERVICES: Yeas: De Leon, Nolan, Copedge, Soule, Dougan
Nays: Severino Absent: