INGHAM COUNTY BOARD OF COMMISSIONERS APRIL 26, 2005 STATUTORY EQUALIZATION MEETING – 7:30 PM. (CONTINUED FROM APRIL 12, 2005) COMMISSIONERS’ ROOM - COURTHOUSE MASON, MICHIGAN
AGENDA
I. CALL TO ORDER AND ROLL CALL
II. PLEDGE OF ALLEGIANCE
III. TIME FOR MEDITATION
IV. APPROVAL OF THE MINUTES OF APRIL 12, 2005
V. ADDITIONS TO THE AGENDA
VI. PETITIONS AND COMMUNICATIONS 1. LETTER FROM U.S. SENATOR CARL LEVIN REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
2. RESOLUTION FROM OCEANA COUNTY IN OPPOSITION TO SENATE BILL 150 AND HOUSE COMPANION BILL 4507
3. LETTER FROM THE CITY OF EAST LANSING REGARDING NOTIFICATION OF RESCHEDULED PUBLIC HEARING REGARDING EAST LANSING DOWNTOWN DEVELOPMENT AUTHORITY DISTRICT EXPANSION
4. LETTER FROM THE CITY OF EAST LANSING REGARDING NOTIFICATION OF PUBLIC HEARINGS REGARDING EAST LANSING DOWNTOWN DEVELOPMENT AUTHORITY PLAN #2 AMENDMENT AND DISTRICT EXPANSION (Attachments on file in the Clerk’s Office)
VII. LIMITED PUBLIC COMMENT
VIII. CONSIDERATION OF CONSENT AGENDA
IX. COMMITTEE REPORTS AND RESOLUTIONS 5. COUNTY SERVICES COMMITTEE – RESOLUTION MAKING AN APPOINTMENT TO THE INGHAM COUNTY YOUTH COMMISSION
6. COUNTY SERVICES AND FINANCE COMMITTEES – RESOLUTION TO EXEMPT COUNTY PROPERTY TAX REVENUES FROM CAPTURE IN THE EXPANDED EAST LANSING DOWNTOWN DEVELOPMENT AUTHORITY DISTRICT BOARD AGENDA PAGE TWO APRIL 26, 2005
7. COUNTY SERVICES AND FINANCE COMMITTEES – RESOLUTION CONDITIONALLY APPROVING THE ESTABLISHMENT OF A JOINT LOCAL DEVELOPMENT FINANCE AUTHORITY (LDFA) TAX INCREMENT FINANCING AREA BY THE CITY OF EAST LANSING AND THE CITY OF LANSING, TO BE KNOWN AS THE LANSING REGIONAL SMARTZONE
8. COUNTY SERVICES AND FINANCE COMMITTEES – RESOLUTION AUTHORIZING THE EMERGENCY PURCHASE OF A DOMESTIC HOT WATER BOILER AT THE INGHAM COUNTY CORRECTIONAL FACILITY
9. COUNTY SERVICES AND FINANCE COMMITTEES – RESOLUTION AUTHORIZING A CONTRACT WITH 4D PHARMACY MANAGEMENT SYSTEMS INC. FOR ADMINISTRATION OF PHARMACY BENEFIT MANAGEMENT PROGRAM
10. FINANCE COMMITTEE – RESOLUTION TO ADOPT THE 2005 COUNTY EQUALIZATION REPORT AS SUBMITTED WITH THE ACCOMPANYING STATEMENTS
11. FINANCE COMMITTEE – RESOLUTION DESIGNATING COUNTY REPRESENTATIVES AT STATE TAX COMMISSION HEARINGS
12. HUMAN SERVICES AND FINANCE COMMITTEES – RESOLUTION TO CREATE THREE TEMPORARY PART-TIME SUMMER STAFF AT THE BAKER DONORA FOCUS CENTER UNDER THE JUVENILE JUSTICE TITLE V PREVENTION GRANT
13. HUMAN SERVICES, COUNTY SERVICES AND FINANCE COMMITTEES – RESOLUTION TO AUTHORIZE ADJUSTMENTS TO THE BUDGET AND STAFFING FOR THE OFFICE OF YOUNG CHILDREN
14. HUMAN SERVICES, COUNTY SERVICES AND FINANCE COMMITTEES – RESOLUTION TO REORGANIZE WORK IN THE BUREAU OF ENVIRONMENTAL HEALTH
15. HUMAN SERVICES AND FINANCE COMMITTEES – RESOLUTION TO AMEND RESOLUTION #05-016 AND EXPAND OUTREACH FUNDING FROM THE INGHAM HEALTH PLAN
16. HUMAN SERVICES, COUNTY SERVICES AND FINANCE COMMITTEES – RESOLUTION TO CREATE A THREE-QUARTER TIME HEALTH PLAN ASSISTANT POSITION
BOARD AGENDA PAGE THREE APRIL 26, 2005
17. JUDICIARY AND FINANCE COMMITTEES – RESOLUTION TO AUTHORIZE THE CONTROLLER TO ADVERTISE FOR AND SEEK PROPOSALS FOR A FEASIBILITY AND NEEDS STUDY FOR A JUVENILE TREATMENT CENTER
18. LAW ENFORCEMENT AND FINANCE COMMITTEES – RESOLUTION AUTHORIZING AN ADDITIONAL APPROPRIATION FOR THE NECESSARY SITE PREPARATION WORK FOR THE INGHAM COUNTY RADIO COMMUNICATIONS SYSTEM PROJECT
19. LAW ENFORCEMENT AND FINANCE COMMITTEES – RESOLUTION AUTHORIZING ADOPTION OF A NEW INTERLOCAL AGREEMENT FOR THE TRI-COUNTY METRO NARCOTICS SQUAD
20. LAW ENFORCEMENT COMMITTEE – RESOLUTION TO AUTHORIZE PARTICIPATION IN THE MICHIGAN EMERGENCY MANAGEMENT ASSISTANCE COMPACT
X. SPECIAL ORDERS OF THE DAY
XI. PUBLIC COMMENT
XII. COMMISSIONER ANNOUNCEMENTS
XIII. CONSIDERATION AND ALLOWANCE OF CLAIMS
XIV. ADJOURNMENT
THE COUNTY OF INGHAM WILL PROVIDE NECESSARY AND REASONABLE AUXILIARY AIDS AND SERVICES, SUCH AS INTERPRETERS FOR THE HEARING IMPAIRED AND AUDIO TAPES OF PRINTED MATERIALS BEING CONSIDERED AT THE MEETINGS FOR THE VISUALLY IMPAIRED, FOR INDIVIDUALS WITH DISABILITIES AT THE MEETING UPON FIVE (5) WORKING DAYS NOTICE TO THE COUNTY OF INGHAM. INDIVIDUALS WITH DISABILITIES REQUIRING AUXILIARY AIDS OR SERVICES SHOULD CONTACT THE COUNTY OF INGHAM IN WRITING OR BY CALLING THE FOLLOWING: INGHAM COUNTY BOARD OF COMMISSIONERS, P.O. BOX 319, MASON, MI 48854, 517- 676-7200.
PLEASE TURN OFF CELL PHONES AND OTHER ELECTRONIC DEVICES OR SET TO MUTE OR VIBRATE TO AVOID DISRUPTION OF THE MEETING
FULL BOARD PACKETS ARE AVAILABLE AT www.ingham.org APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
Board of Commissioners Room – Courthouse Mason, Michigan – 7:30 p.m. April 12, 2005
The Ingham County Board of Commissioners met for their statutory equalization meeting at the above time and place. The meeting was called to order at 7:37 p.m. by Chairperson Grebner. Roll was called and all Commissioners were present except Commissioner De Leon.
PLEDGE OF ALLEGIANCE: Chairperson Grebner led the Board in the Pledge of Allegiance and a few moments were observed for meditation.
APPROVAL OF THE MINUTES: Moved by Commissioner Schafer, supported by Commissioner Dougan to approve the minutes of the March 22, 2005 meeting as submitted. Motion carried unanimously. Absent: Commissioner De Leon.
ADDITIONS TO THE AGENDA: Commissioner Celentino indicated there would be substitutes for Agenda Item No. 13 – Resolution Adopting Revised Bylaws of the Economic Development Corporation (amendment to attachment only) and Agenda Item No. 15 – Resolution Authorizing a Contract Between Dyer Well Drilling and Ingham County for the Construction of an Irrigation Well at Hawk Island County Park. These were accepted by the Chair without objection from the body.
PETITIONS AND COMMUNICATIONS: Letter from Paul M. Wilson tendering his resignation from the Ingham County Youth Commission. Accepted and placed on file.
Letter from the City of Lansing regarding a Public Hearing scheduled on April 4, 2005 to consider the approval of an Obsolete Property Rehabilitation Exemption Certificate for the property located at 1131-1133 S. Washington Avenue. Referred to the Finance Committee.
Resolution from Lake County in Support of Local Public Health Operations Hearing and Vision Screening. Received and placed on file.
Resolution from Lake County in Support of Continued HIV Testing and Counseling Dollars to Low Impact Counties. Received and placed on file.
Resolution from Lake County in Appreciation of Representative William Huizenga’s Amendment to the Michigan Records Media Act. Received and placed on file.
Resolution from Lake County in Support of the Proper Wearing of the United States Flag. Received and placed on file.
Resolution from Antrim County Recommending the State Legislature Restore HIV/AIDS Categorical Funding to Antrim County Consistent with Other Areas of the State Which are Continuing to Receive Funding in Fiscal Year 2005. Received and placed on file.
Letter from Charles P. Silas, tendering his resignation from the Environmental Affairs Committee. Accepted and placed on file. 95 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
Letter from Ele’s Place, thanking the Board for its continued financial support. Received and placed on file.
Letter and Resolution from the Capital Region Airport Authority Regarding its Mill Levy Certification. Referred to the County Services and Finance Committees.
Letter, with nine attachments, from Win Stebbins regarding the widening of Okemos Road. Referred to County Services Committee.
LIMITED PUBLIC COMMENT: None.
CONSIDERATION OF CONSENT AGENDA: Moved by Commissioner Schafer, supported by Commissioner Dedden to adopt a consent agenda consisting of all items except 14, 17, 18, 19, 20 and 23. Motion carried unanimously. Absent: Commissioner De Leon. Items on the consent agenda were adopted by a unanimous roll call vote. Items voted on separately are so noted in the minutes. Absent: Commissioner De Leon.
COMMITTEE REPORTS AND RESOLUTIONS: The following resolution was introduced by Commissioners Thomas, Hertel, and Grebner:
RESOLUTION HONORING THE 2005 MICHIGAN STATE UNIVERSITY WOMEN’S BASKETBALL TEAM
RESOLUTION #05-084
WHEREAS, the 2005 Michigan State University Women’s basketball team represented the MSU community with honor during its participation in the NCAA tournament, a culmination of a spectacular season that recorded a school-record 33 wins; and
WHEREAS, the MSU Women’s Basketball team is the most successful in history, earning its first-ever Big Ten Tournament Title and second Big Ten Conference Title; and
WHEREAS, the team tied an NCAA Final Four Tournament record by overcoming a 16-point deficit to win and advance to the national championship; and
WHEREAS, Ingham County is particularly proud of its native daughters, Lindsay Bowen of Dansville, Danielle Doneth of East Lansing, and Kristin Haynie of Mason, and their teammates Myisha Bannister, Courtney Davidson, Maggie Dwyer, Katrina Grantham, Laura Hall, Rene Haynes, Victoria Lucas-Perry, Darina Parker, Kelli Roehrig, Liz Shimek, Melanie Small, and Alisa Wulff; and
WHEREAS, at the center of Michigan State University=s elite basketball program are Coach Joanne P. McCallie and her coaching staff Anne Marie Gilbert, Al Brown, Semeka Randall and Candice Jackson who provide exceptional guidance to the players and spend countless hours developing and implementing defensive and offensive plays. . THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners congratulates the 2005 MSU Women’s Basketball Team, Coach Joanne P. McCallie and her coaching staff on their championship season, and wishes the team members good luck in their future endeavors. 96 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
SS| Grebner, Hertel, Thomas
Adopted as part of the consent agenda.
The following resolution was introduced by Commissioners Hertel, Thomas and Grebner:
RESOLUTION CONGRATULATING THE MICHIGAN STATE UNIVERSITY MEN=S BASKETBALL TEAM ON WINNING THE AUSTIN REGIONAL CHAMPIONSHIP AND ADVANCING TO THE NCAA’S FINAL FOUR
RESOLUTION #05-085
WHEREAS, the Michigan State University Spartans Men=s Basketball team stands for commitment, teamwork and unselfishness; and
WHEREAS, as a result, the Spartans won the Austin Regional Championship and once again advanced to the National Collegiate Athletic Association’s Final Four; and
WHEREAS, this is the fourth time the Spartans have participated in the Final Four in the past seven years, they competed in 1999, 2000, when they won the Big Ten League Title, Big Ten Tournament and NCAA Championship, 2001 and again in 2005; and
WHEREAS, at the center of Michigan State University=s elite basketball program are Coach Tom Izzo and his coaching staff Doug Wojcik, Mark Montgomery and Dwayne Stephens who provide exceptional guidance to the players and spend countless hours developing and implementing defensive and offensive plays; and
WHEREAS, the citizens of Ingham County are proud of the MSU Spartans for their outstanding success.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby congratulates Coach Tom Izzo, his coaching staff and the members of the Spartans Men=s Basketball team on winning the Austin Regional Championship and advancing to the NCAA’s Final Four:
Jason Aerts Marquise Gray Drew Neitzel Maurice Ager Anthony Hamo Delco Rowley Alan Anderson Andy Harvey Goran Suton Tim Bograkos Chris Hill Kelvin Torbert Shannon Brown Idong Ibok Matt Trannon Paul Davis Drew Naymick
BE IT FURTHER RESOLVED, that the Board also congratulates Tom Izzo on receiving the 2005 Coach Clair Bee Award and wishes the Spartans continued success in the years to come.
SS| Grebner, Hertel, Thomas
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services Committee:
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RESOLUTION DECLARING THE WEEK OF APRIL 10 - 16, 2005 AS ANATIONAL COUNTY GOVERNMENT WEEK@ IN INGHAM COUNTY
RESOLUTION #05-086
WHEREAS, county government traces its roots to the English shire of a thousand years ago, serving as the citizen's local government voice since its inception; and
WHEREAS, when the federal government was formed, the framers of the Constitution chose to provide states with the freedom to create county governments, early state constitutions conceptualized the importance of county government and its dual value to both the state and federal governments; and
WHEREAS, counties provide critical services to the children and families that live in our great country, such as medical services, public safety, and educational development, and immunizations to keep kids healthy, planning to keep parks safe places to play, maintenance to keep roads and bridges fit for traveling, and
WHEREAS, counties provide clean environments and livable communities in which to grow, as well as needed elderly services for seniors and healthcare to the disabled and the needy; and
WHEREAS, when natural or man-made disaster strikes, county emergency services keep children and their families safe and informed until order can be restored; and
WHEREAS, counties provide many services that make America=s communities stronger, safer places to live and raise families; and
WHEREAS, in the past, county governments seized opportunities and met challenges that confronted them, today county governments continue to be the citizen's local government voice and are the governments of the future, providing solutions that bring communities together.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby declares the week of April 10-16, 2005 as ANational County Government Week@ in Ingham County.
BE IT FURTHER RESOLVED, that all Ingham County departments are encouraged to participate in County Government week activities and promote the valuable services provided by their departments.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino Nays: None Absent: Vickers Approved 4/5/05
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services Committee:
RESOLUTION IN HONOR OF THE 2005 STATE ARBOR DAY CELEBRATION
RESOLUTION #05-087
WHEREAS, Arbor Day was first celebrated in 1872 to promote conservation efforts and has become a cherished and respected tradition in Michigan; and
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WHEREAS, Arbor Day is a time to celebrate trees and their importance in our lives and represents an opportunity to emphasize that tree planting is an important personal demonstration of stewardship; and WHEREAS, Arbor Day helps remind Ingham County residents that healthy natural resources are vital and that each of us can play a role in ensuring the quality of life in our community; and WHEREAS, the Board of Commissioners wish to recognize the outstanding efforts of all involved with the success of Arbor Day including the Michigan Arbor Day Alliance, Ingham Conservation District, the Michigan Department of Natural Resources Forest, Mineral and Fire Management Division and the City of Lansing=s Parks & Recreation and Forestry Division; and
WHEREAS, the 2005 State Arbor Day Celebration will take place Friday, April 29, 2005 from 10:00 a.m. to 2:00 p.m. at Potter Park Zoo.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby endorses Arbor Day and extends their congratulations and best wishes to the Michigan Arbor Day Alliance, Ingham Conservation District, the Michigan Department of Natural Resources Forest, Mineral and Fire Management Division and the City of Lansing=s Parks & Recreation and Forestry Division on the occasion of 2005 State Arbor Day Celebration.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino Nays: None Absent: Vickers Approved 4/5/05
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services Committee:
RESOLUTION DESIGNATING THE WEEK OF MAY 1 - 7, 2005 AS "HOLOCAUST REMEMBRANCE WEEK@ IN INGHAM COUNTY
RESOLUTION #05-088
WHEREAS, the Ingham County Board of Commissioners and citizens of Ingham County recognize that the horrors of the Holocaust should never be forgotten; and
WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945; and
WHEREAS, in addition to the murder of some 6,000,000 Jews, millions more, including the handicapped, Poles, Gypsies, homosexuals, Jehovah=s Witnesses, prisoners of war, and political dissidents, also suffered grievous oppression and death under Nazi tyranny; and
WHEREAS, a key date in the history of the Holocaust is April 19, 1943, the beginning of the Warsaw ghetto uprising, when Jews, using homemade bombs and stolen or bartered weapons, resisted death camp deportation by the Nazis for 27 days; and
WHEREAS, this date, which in the Hebrew calendar is the twenty-seventh day of Nisan, has been established by the United States Congress as a national Holocaust Remembrance Day; and
WHEREAS, the Legislature of the State of Michigan has declared this day Holocaust Remembrance Day in Michigan, with the days through the following Sunday as days of remembrance; and
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WHEREAS, the twenty-seventh day of the month of Nisan in the Hebrew calendar falls on May 5, 2005; and
WHEREAS, the Board of Commissioners wishes to honor the memory of all who lost their lives and all who have and continue to suffer as a result of the Holocaust. THEREFORE BE IT RESOLVED, in memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, the Ingham Board of Commissioners declares that the twenty-seventh day of the month of Nisan in the Hebrew calendar, May 5, 2005, shall be Holocaust Remembrance Day in Ingham County and the week of May 1 - 7, 2005 Holocaust Remembrance Week.
BE IT FURTHER RESOLVED, the Board of Commissioner encourages individuals, educational institutions, and social, community, religious, labor and business organizations to pause during Holocaust Remembrance Week and reflect upon the terrible events of the Holocaust, so that as a society we will remain vigilant against hatred, persecution, and tyranny and actively rededicate ourselves to the principles of individual freedom in a just society.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino Nays: None Absent: Vickers Approved 4/5/05
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services Committees:
RESOLUTION ADOPTING REVISED BYLAWS OF THE INGHAM COUNTY ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION #05-089
WHEREAS, the Ingham County Economic Development Corporation was formed by the County Commissioners in 1979 pursuant to Act 338 of the Public Acts of 1974, as amended; and
WHEREAS, the Economic Development Corporation has revised and updated those Bylaws to improve their clarity and usefulness; and
WHEREAS, the Economic Development Corporation is recommending adoption of these revised and updated Bylaws as attached.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners approves and adopts the attached revised Bylaws of the Ingham County Economic Development Corporation.
BE IT FURTHER RESOLVED, that the Board Chairperson and County Clerk are authorized to sign the revised Bylaws after review by the County Attorney.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino Nays: None Absent: Vickers Approved 4/5/05
Adopted as part of the consent agenda.
BY-LAWS OF THE INGHAM COUNTY ECONOMIC DEVELOPMENT CORPORATION 100 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
A Michigan Public Corporation formed pursuant to Act 338 of the Public Acts of 1974, as amended.
Article I Name and Registered Office
Section 1. Name. The name of this corporation is the Economic Development Corporation of Ingham County also known as the Ingham County Economic Development Corporation or Ingham EDC.
Section 2. Registered Office. The registered office of the corporation is 121 East Maple Street, Mason, Michigan 48854. The resident agent is the person who from time to time is designated by the Board of Directors.
Article II Purpose and Mission
Section 1. Purpose The Corporation is organized with reference to Act 338 of the Public Acts of 1974, as amended, and its purpose or purposes will be in accordance with the articles of incorporation.
Section 2. Mission The mission of the Ingham County Economic Development Corporation is to increase the economic vitality and quality of life county-wide by planning and coordinating development efforts, providing services, and facilitating advantageous partnerships.
Article III Directors
Section 1. General Powers. The Board of Directors shall manage the business and affairs of the corporation, except as otherwise provided by statute, by the articles of incorporation or by the by-laws.
Section 2. Number, Tenure and Qualifications. The Board of Directors shall consist of eleven persons, not more than three of whom shall be an officer, County Commissioner, or employee of Ingham County. The directors shall be appointed by the Ingham County Board of Commissioners for terms of six years, except of the directors first appointed, four shall be appointed for six years, one for five years, one for four years, one for three years, one for two years, and one for one year. If the corporation intends to begin preparation of a project plan,the Board of Directors shall notify the chairperson of the County Board of Commissioners in writing. Following such written notice, the Board of Commissioners shall promptly appoint two additional directors to the Economic Development Corporation as representatives of neighborhood residents likely to be affected by each proposed project. If the project plan is ceased or abandoned, or if it is undertaken and completed, the additional directors shall be dismissed from the EDC Board.
The Economic Development Corporation Board of Directors shall serve without salary, but may be reimbursed their actual expenses incurred in the performance of their official duties, and may receive a per diem as established by the Ingham County Board of Commissioners.
Section 3. Replacement and Vacancies. The Ingham County Board of Commissioners shall appoint subsequent directors in the same manner as original appointments. The Ingham County Economic Development Board=s composition shall include a balanced representation of the following areas: business and industry (including a variety of business sectors such as retail, medical, technology, agricultural, etc.), organized labor, financial institutions, educational institutions (including schools, colleges, and universities), utilities, community and neighborhood organizations, consumer groups, the Ingham County Board of Commissioners and open classification.
Section 4. Removal. A director may be removed from office by a majority vote of the Ingham County Board of Commissioners.
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Section 5. Conflict of Interest. A director who has a direct interest in any matter before the corporation shall disclose that interest before the corporation takes any action on that matter. The Director=s disclosure shall become a part of the official record of the proceedings. Such member may be excused from discussion or action on that matter by a majority vote of the Board of Directors. Section 6. Meetings. Meetings of the Board of Directors may be called by or at the request of the Chairperson or of any two Directors. The meetings of the Board of Directors shall be public and the appropriate notice of such meetings shall be provided to the public. There shall be no less than four meetings annually. The Board of Directors shall establish the annual schedule of meetings at the first meeting of each calendar year.
Section 7. Notice. Notice of any meeting shall be given at least three (3) days before any meeting, delivered personally, mailed or electronically mailed (email) to each director at his/her designated postal or email address. If mailed, such notice shall be deemed to be delivered when deposited in the United States mails in a sealed envelope with address and prepaid postage thereon. Any director may waive notice of any meeting. The attendance of a director at any meeting constitutes a waiver of notice of that meeting. The Board of Directors shall give public notice as required by the Open Meetings Act.
Section 8. Quorum. A majority of the members of the Board of Directors then in office constitutes a quorum for the transaction of business at any Board of Directors meeting. If less than a majority of the Board of Directors is present, a majority of the Directors present may adjourn the meeting without further notice. The vote of the majority of members present at the meeting at which a quorum is present constitutes the action of the Board of Directors, unless the vote of a larger number of Directors is required by statute, by the Articles of Incorporation, or by these by-laws. A majority vote of the Board of Directors in office is required to recommend an amendment to the bylaws.
Section 9. Committees. The Board of Directors may, by resolution passed by a majority of the whole board, designate one or more of the directors of the corporation to serve as a committee. The Board may designate one or more directors as alternate members of a committee, who may replace an absent or disqualified member at a meeting of the committee.
Section 10. Records and Voting. The Board of Directors shall keep minutes of its proceedings which shall be signed by the secretary. All votes shall be by yeas and nays. If the vote is not unanimous, the minutes shall reflect how each member voted. Each member present is required to vote on all motions, resolutions and ordinances unless the member is disqualified by the Board of Directors for reason of conflict of interest. No Board of Directors members shall vote on any motion, resolution or ordinance in which they have personal interest as defined in Article III section 5 of these bylaws.
Section 11. Board Meeting Attendance. Pursuant to County Board policy, if a Board Member neglects to perform their duties by failing to attend fifty percent (50%) of the scheduled meetings of the Board over twelve consecutive months, and their attendance is without valid reason given to the Board Chair, the Board Member shall be considered to have resigned from the Board of Directors and will be notified of their resignation and replaced.
Article IV Officers
Section 1. Officers. The officers of the corporation shall consist of a chairperson, vice chairperson, secretary, treasurer, and other officers as may be determined by the Board of Directors. Officers of the Corporation shall be elected by a majority of the Directors in office. One person may hold two or more offices but they shall not execute, acknowledge or verify an instrument in more than one of those capacities.
Section 2. Election and Term of Office. The Board of Directors shall elect the Officers of the Corporation annually at the first meeting each calendar year.
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Section 3. Removal. Any officer elected by the Board of Directors may be removed by the Board of Directors with or without cause whenever in its judgment the best interests of the Economic Development Corporation would be served.
Section 4. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise, may be filled at any meeting of the Board of Directors for the unexpired portion of the term of such office.
Section 5. Chairperson. The chairperson shall be the chief executive officer of the corporation, but he/she may from time to time delegate all or any part of his/her duties to the vice chairperson, or to any director. He/she shall preside at all meetings of the directors; he/she shall have general and active management of the business of the corporation, and shall see that all orders and resolutions of the board are carried into effect. With the approval and authority of the Board of Directors, he/she shall execute all bonds, mortgages, conveyances and other instruments entered into pursuant to the powers of the corporation as set forth in the articles of incorporation. He/she shall be ex officio member of all committees.
Section 6. Vice Chairperson. The vice chairperson shall perform such duties as are delegated to him/her by the chairperson and he/she and the other vice chairpersons in order of their seniority shall, in the absence or in the event of disability of the chairperson, perform the duties and exercise the powers of the chairperson, and shall perform such other duties as the Board of Directors shall prescribe.
Section 7. Secretary. The secretary attends all meetings of the board and records votes and minutes of all proceedings; and shall perform like duties for the committees when required. He/she shall give, or cause to be given, notice of all meetings of the Board of Directors and shall give such notice as is required by the Open Meetings Act, and shall perform such other duties as may be prescribed by the Board of Directors under whose supervision he/she shall be. He/she shall keep in safe custody the seal of the corporation, and when authorized by the board, affix the same to any instrument requiring it, and when so affixed it shall be attested by his/her signature or by the signature of the treasurer.
Section 8. Treasurer. The treasurer shall oversee custody of the corporate funds and securities and shall keep full and accurate accounts of receipts and disbursements in books belonging to the corporation. They shall oversee the deposit of all monies and other valuable effects in the name of and to the credit of the corporation in such depositories as may be designated by the Board of Directors. The Treasurer shall oversee disbursal of the corporation=s funds. At regular meetings of the Board, or whenever they may require an account, the Treasurer shall render to the chairperson and directors an account, of all transactions and of the financial condition of the corporation. He/she shall give the corporation a bond if required by the Board of Directors in a sum, and with one or more sureties satisfactory to the board, for the faithful performance of the duties of his/her office, and for the restoration to the corporation, in case of his/her death, resignation, retirement or removal from office, of all books, papers, vouchers, money, and other property of whatever kind in his/her possession or under his/her control belonging to the corporation.
Section 9. Delegation of Duties of Officers In the absence of any officer of the corporation, or for any other reason that the board may deem sufficient, the board may delegate, from time to time and for such time as it may deem appropriate, the powers or duties, of such officer to any other officer, to any other Director on the Board, or to any County officer, employee, or Corporation staff person provided a majority of the board concurs.
Section 10. Salaries. The officers of the corporation shall serve without compensation except as otherwise provided for hereunder; provided, that nothing in these bylaws shall be construed to preclude any officer from serving the corporation in a separate capacity and receiving compensation for that separate capacity.
Article V Contracts, Loans, Checks and Deposits
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Section 1. Contracts. The Board of Directors may authorize by resolution any officer, agent(s), or employees, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority shall be confined to specific instances.
Section 2. Loans. No loan shall be contracted on behalf of the corporation and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors. Such authority shall be confined to specific instances.
Section 3. Checks, Drafts, Etc. All checks, drafts, or other orders for the payment of money, notes or other evidences of indebtedness issued in the name of the corporation, shall be signed by such officer or officers, agent or agents of the corporation and in such manager as shall be determined by resolution of the Board of Directors.
Section 4. Deposits. All funds of the corporation not otherwise employed shall be deposited from time to time to the credit of the corporation in such banks, trust companies, or other depositories as the Board of Directors may select.
Article VI Fiscal Year
The fiscal year of the corporation shall begin on the 1st day of January in each year and end on the 31st day of December in each year.
Article VII Indemnification
Section 1. Indemnification. Whenever any claim is made or any civil action is commenced against any officer or employee of the corporation for injuries to persons or property caused by the negligence of the officer or employee while in the course of his/her employment and while acting within the scope of his/her authority, the corporation may, but is not required, to pay for legal services and also any judgment or compromise settlement of the claim, pursuant to Act 170 of the Public Acts of 1964, as amended.
Section 2. Reimbursement. Any indemnification under Section 1 shall be made by the corporation only as authorized in the specific case upon a determination that indemnification of the employee or officer is proper in the circumstances because he/she has met the applicable standard of conduct set forth in Section 1. Such determination shall be made in either of the following ways:
(1) By the Board of Directors by a majority vote of a quorum consisting of Directors who were not parties to such action, suit or proceeding.
(2) If such quorum is not obtainable, or, even if obtainable, a quorum of disinterested directors so directs, supported by the recommendation of independent legal counsel in a written opinion.
Section 3. Insurance. The Board of Directors may, in the exercise of its discretion, from time to time authorized by resolutions duly adopted, purchase and maintain insurance on behalf of any person who is or was a director or officer of the corporation, against any liability asserted against him/her and incurred by him/her in any such capacity or arising out of his/her status as such, whether or not the corporation would have power to indemnify him/her against such liability under Section 1 and 3 of this article.
Article VIII Miscellaneous
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Section 1. Seal. The official seal of the County of Ingham Economic Development Corporation shall be the same as the County seal.
Section 2. Waiver of Notice If the Board of Directors or any of its committees takes an action that requires notice, the action may be taken after the notice has been given and after the lapse of a prescribed period of time, or after the person entitled to notice submits a signed waiver of such requirements.
Section 3. Severability. If any clause in these bylaws is held to be void or unenforceable, or in conflict with the Corporation=s articles of incorporation or statute, the remaining clauses shall remain in full force and effect.
Section 4. Amendments. By majority vote of the members serving, the Board of Directors of the Authority may recommend to the Ingham County Board of Commissioners such amendments to these bylaws as it deems advisable. Amendments are effective when adopted by the Ingham County Board of Commissioners.
The following resolution was introduced by the County Services Committee:
RESOLUTION APPROVING CHANGES TO THE BOARD RULES
RESOLUTION #05-090
WHEREAS, a Subcommittee of the County Services Committee has reviewed the Board Rules and recommended certain changes; and
WHEREAS, the County Services Committee has reviewed the Board Rules, the recommendations of the Subcommittee, and is recommending the attached changes.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners approves the attached changes to the Board Rules, effective upon adoption.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers Nays: None Approved 3/15/05
Moved by Commissioner Celentino, supported by Commissioner Schor to adopt the resolution.
Moved by Commissioner Schor, supported by Commissioner Thomas to amend the resolution as follows: on page 7, IV. Standing Committees, change to read: “Every Committee or Subcommittee shall provide an opportunity for public comment at the beginning and end of each agenda. Each person shall be permitted to speak either at the beginning or the end of the meeting, for (3) three minutes, except…” and change page 11, V. Conduct of Board Meetings to read: “Under public comment, each person shall be permitted to speak once during each meeting¸ for (3) minutes, except …”. Motion to amend failed, with Commissioners Grebner, Hertel, Nolan and Schor voting yes, all others voting no.
Motion to adopt the resolution carried unanimously. Absent: Commissioner De Leon.
INGHAM COUNTY BOARD RULES 2005
Adopted, as revised: January 2, 1996 April 30, 1996 105 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
March 27, 1997 May 28, 1997 December 11, 2001 February 26, 2002 December 10, 2002 May 27, 2003 February 2, 2004 April, 2005
RULES OF THE INGHAM COUNTY BOARD OF COMMISSIONERS
2005
I. BOARD MEETINGS - TIME & PLACE
A. REGULAR AND ADJOURNED REGULAR MEETINGS. The Board shall convene for the purpose of holding meetings in the Ingham County Courthouse in the City of Mason or elsewhere at the discretion of the Chairperson, provided proper notice is given to the public pursuant to the Open Meetings Act, 1976 PA 267, as amended, on the following days, which meetings shall convene at 7:30 o'clock in the evening, except as otherwise provided in these Rules:
1. The first business day of each January.
2. The fourth Tuesday of each January.
3. The second Tuesday of each February.
4. The fourth Tuesday of each February.
5. The second Tuesday of each March.
6. The fourth Tuesday of each March.
7. The Tuesday immediately following the second Monday of each April, this being the Statutory Equalization meeting.
8. The last Tuesday of the month of April.
9. The second Tuesday of each May.
10. The fourth Tuesday of each May.
11. The second Tuesday of each June.
12. The fourth Tuesday of each June.
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13. The fourth Tuesday of each July.
14. The fourth Tuesday of each August.
15. The fourth Tuesday in September.
16. The second Tuesday of each October, this being the Statutory Annual Meeting which shall be held in the Courthouse, Mason.
17. The fourth Tuesday of each October.
18. The second Tuesday of each November.
19. The fourth Tuesday of each November.
20. The second Tuesday of each December.
All above listed meetings shall be considered regular meetings of the Board of Commissioners. Any other meetings not listed above shall be special meetings or adjourned sessions of the regular meetings, depending upon the means and methods used in calling said meeting. Unless the Board otherwise provides, the motion to "adjourn" any meeting of this Board, whether special or regular, shall mean to adjourn to the next succeeding regular meeting on the list above cited.
B. SPECIAL MEETINGS. The Board shall convene for the purpose of holding special meetings only upon the written request of at least one-third (1/3) of the Commissioners, to the County Clerk, specifying the time, date, place and purpose of such meetings. When a special meeting is called by written request, as provided above, the County Clerk shall give notice to each of the Commissioners within 48 hours in one of the manners provided as follows:
- via a confirmed facsimile transmission to the commissioner’s residence - via personal delivery of the notice of the special meeting to the commissioner - leaving the notice of the special meeting at the residence of the commissioner - email to address previously supplied for such purpose by the commissioner
The Clerk shall post at least 18 hours before the meeting a Public Notice as required by 1976 PA 267.
C. MEETINGS ON LEGAL HOLIDAYS. Any regular or adjourned meetings of the Board, which fall upon a legal County holiday, shall automatically be set over to the next secular day following that is not a legal holiday, at the same time and place indicated for the original meeting.
II. CHAIRPERSON
A. ELECTION. At the first meeting of each calendar year, the Board shall be called to order and shall thereupon elect, from among its members, a Chairperson, Vice-Chairperson and a Vice-Chairperson Pro Tem, who shall take office and assume their respective duties immediately upon their election; provided that at the first meeting of each newly elected Board, the first order of business shall be the administration of the Constitutional Oath of Office by the County Clerk to the members-elect if this has not previously been accomplished. The concurrence of a majority of all members of the Board shall be necessary for election. The officers shall hold their respective offices for a term of one year, or until their successors are duly elected and qualified as set forth above. 107 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
B. DUTIES. The Chairperson (and during his/her absence the Vice-Chairperson) shall preside at all meetings of the Board, and shall decide all questions of order, subject to appeal to the Board. Upon his/her election, the Chairperson shall appoint all standing and special Committees, subject to the approval by a majority of all members of the Board. The Chairperson shall arbitrate all jurisdictional disputes between Committees, subject to these rules and subject to appeal to the Board. The Chairperson shall be a member ex-officio of each standing Committee and special Committee, except as otherwise provided herein. The Chairperson shall not have the right to vote on any Committee except where he/she is expressly named a member of that Committee. The Vice-Chairperson Pro Tem shall assume the duties of the Vice-Chairperson when the Vice-Chairperson is serving as the Chairperson.
The Chairperson, after informing the Vice-Chairperson and Vice Chairperson Pro Tem, is authorized to have proclamations prepared honoring employees retiring from County service, persons retiring from service on County boards, and to issue proclamations honoring certain occurrences in conformity with state, national and other local government proclamations. The Chairperson shall only do so when such proclamations cannot go through the Committee structure in a timely manner. In no way shall such proclamations commit the County Board of Commissioners, in any way, to any type of contractual arrangement and/or require the County to expend any funds other than the cost for the preparation of the proclamations.
C. ADMINISTRATION OF OATHS. The Chairperson of the Board shall have the power to administer an oath to any person concerning any matter submitted to the Board or connected with the discharge of their duties, to issue subpoenas for witnesses and to compel their attendance in the same manner as Courts of Law.
III. CLERK OF THE BOARD
A. OFFICIAL CLERK AND DUTIES. The duly elected Clerk of Ingham shall be ex-officio the Clerk to the Board. He/she or his/her duly appointed deputy, shall perform all duties ordinarily pertaining to such office, including, but not limited to, the following duties prescribed by law:
1. To record all the proceedings of the Board electronically on disk, cd, dvd or other media, and placed on the Board website.
2. To make regular entries of all Board resolutions and decisions upon all questions.
3. To record the vote of each Commissioner on any ordinance, resolution or appointment or e election of an officer, submitted to the Board. Any other question or motion shall be recorded if requested by any member present.
4. To perform legally required duties on accounts acted upon by the Board and to comply with the Claims Processing Resolution #82-167.
5. To certify, under the Seal of the Circuit Court of the County, or the official County Seal, without charge, copies of any and all resolutions or decisions on any of the proceedings of the Board, when requested by the Board or any member thereof, or when required by any other person upon payment of ten cents (10¢) per folio therefor, and such certified shall be prima facie evidence of the matters therein set forth.
6. To perform such other and further duties as the Board may by resolution, from time to time, require.
7. To perform all posting functions required by the Open Meetings Act, 1976 PA 267.
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The Clerk or one of his/her duly appointed deputies shall be present and take minutes at all meetings of the Board. In the absence of the Clerk, or an appointed deputy, the Chairperson, with the approval of the Board's members present and voting, shall appoint a Board member to act as Clerk Pro Tem until the Clerk or his/her duly appointed deputy arrives. IV.
A. STANDING COMMITTEES. The Board of Commissioners shall have the following standing Committees with the following number of members:
COMMITTEES MEMBERS
County Services 6 Finance 6 Human Services 6 Law Enforcement 6 Judiciary 6
B. DUTIES OF STANDING COMMITTEES. Standing Committees shall have and perform the following specific duties:
1. County Services Committee. It shall be the duty of this Committee to: work in conjunction with the Controller or his/her designee to ensure adequate and full implementation and administration of standing Board policy affecting the various County departments, offices and agencies with which the Committee serves as liaison; study and advise the Board with respect to matters of long range planning; recommend changes in the Board rules and the organizations and procedures of the Board; recommend adoption of County ordinances; study and advise the Board as to acquisition, disposition, construction, and repairs of all County buildings and grounds; recommend acquisition and disposal of all County equipment, furniture, furnishings and supplies; study and advise the Board with respect to the conservation of energy and other natural resources; acts as liaison to the following County departments, offices, and agencies: County Clerk, Drain Commissioner, Register of Deeds, Treasurer, Management Information Systems, Equalization/Tax Services, Financial Services, Department of Development, Purchasing, Facilities, Road Commission, Parks Board, Board of Public Works, Plat Board, Boundary Commission, Board of Canvassers, Election Scheduling Committee, Board of Election Commissioners, Capitol Area Rail Council, Capital Region Airport Authority, Historical Commission, Fair Board, Greater Lansing Convention & Visitors Bureau, Tri-County Regional Planning Commission, Board Coordinator, Controller, Economic Development Corporation, Women's Commission, and all staff operating the County buildings within the County. This Committee shall also work in conjunction with the Controller or his/her designee to study and advise the Board with respect to all matters dealing with compensation, wages and salaries for all County officers and employees whose salaries are not otherwise fixed by law; study and advise the Board on all matters relating to labor relations and the relationship between the County and its employees; and recommend action on claims related to the Human Resources Department. This Committee shall act as liaison between the Board and all County employee associations, the Human Resources Department, Capital Area Michigan Works, and the Equal Opportunity Committee. The County Services and Finance Committees shall, on no less than an annual basis, review and develop bargaining parameters for labor negotiations; provided however, that all Commissioners shall be notified in advance of when the review shall be held, and shall be given opportunity to provide input. The bargaining parameters being established shall be reported to the Board of Commissioners for its concurrence. The establishment of parameters may be discussed in closed session as provided by law.
2. Finance Committee. It shall be the duty of this Committee to: study and advise the Board with respect to all appropriations for State, County and general purposes, review and recommend to the Board a budget for County operating expenses by a date specified in a Board resolution for the ensuing year; study and advise the 109 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
Board with respect to all matters pertaining to bonds, investments and insurance of the County, its officers, employees and agents; study and advise the Board with respect to all financial contracts not otherwise provided for by resolution and/or these Rules; study and advise the Board with respect to apportionment of all tax levies, erroneous land descriptions, correction and respreading upon the rolls of all taxes which for any reason have been rejected by the Auditor General, and, with the assistance of the Department of Equalization, equalization of valuation assessments among the various townships and cities in the County; recommend action on all claims submitted to the County for payment pursuant to Resolution #82-167; and study and advise the Board with respect to all grants submitted for approval by the Board, including any grant in which the County has direct or indirect involvement (including those where the Board is requested to waive rights in favor of another organization). This Committee is not created pursuant to 1923 PA 301, MCLA 46.61. This Committee shall not serve as liaison to any particular County departments, offices, or agencies, but rather, shall study and advise the Board of the financial ramifications of any proposed action involving the appropriation or transfer of County funds, not otherwise provided by law or Board resolution. The County Services and Finance Committees shall, on no less than an annual basis, review and develop bargaining parameters for labor negotiations; provided however, that all Commissioners shall be notified in advance of when the review shall be held, and shall be given opportunity to provide input. The bargaining parameters being established shall be reported to the Board of Commissioners for its concurrence. The establishment of parameters may be discussed in closed session as provided by law.
3. Human Services Committee. It shall be the duty of this Committee to: work in conjunction with the Controller or his/her designee to coordinate all human services in the County and to ensure adequate and full implementation and administration of standing Board policy affecting the various County departments, offices and agencies with which the Committee serves as liaison; review and recommend the budgets for each department; review and recommend on matters dealing with solid waste issues; recommend policies relating to the use of human services in the County; make recommendations regarding present and future programs and recommend action on claims related to those departments, offices and agencies with which the Committee serves as liaison, except as otherwise provided by law. Human services, for the purposes of these Rules, shall encompass the duties and functions of the Cooperative Extension Service, Department of Human Services and Board, Health Department, Board of Health, Department of Veterans' Affairs, Veterans' Affairs Committee, Community Mental Health Board, Medical Examiner, Human Services Advisory Committee, Capital Area District Library, and the Michigan Mid-South Health Systems Agency. The Committee shall act as liaison between the Board and the departments, commissions and boards listed above.
4. Law Enforcement Committee. It shall be the duty of this Committee to: work in conjunction with the Controller or his/her designee to ensure adequate and full implementation and administration of standing Board policy affecting the various County departments, offices and agencies with which it serves as liaison; study and advise the Board with respect to all matters pertaining to the law enforcement system within the County, and in particular, those departments, offices and agencies with which the Committee serves as liaison; recommend action on any and all claims, complaints, or requests of such departments, offices or agencies. The Committee acts as Liaison to the Animal Control Department, Emergency Operations, the Prosecuting Attorney’s Office, the Sheriff’s Office, and the 911 Advisory Committee.
5. Judiciary Committee. It shall be the duty of this Committee to: work in conjunction with the Controller or his/her designee to ensure adequate and full implementation and administration of standing Board policy affecting the various County departments, offices and agencies with which it serves as liaison; study and advise the Board with respect to all matters pertaining to the judicial system within the County, and in particular, those departments, offices and agencies with which the Committee serves as liaison; recommend action on any and all claims, complaints, or requests of such departments, offices or agencies. The Committee acts as Liaison to Circuit Court, District Court, Jury Commission, and Probate Court.
C. GENERAL DUTIES OF STANDING COMMITTEES. In addition to the foregoing, the standing Committees shall have and perform the following other duties: 110 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
1. Each standing Committee, except the Finance Committee, shall in the first instance, review all appropriation requests most directly related to its own functions before such appropriation requests are referred to the Finance Committee and make recommendations concerning the same to the Finance Committee and the Board.
2. Each standing Committee shall act as liaison between the Board and the various County offices, boards and agencies respecting matters under the jurisdiction of the Committee as prescribed by these Rules, except as the Board otherwise directs.
3. Each standing Committee shall have and perform such other duties as the Board, from time to time, may require.
D. SPECIAL COMMITTEES. There shall be, in addition to the standing Committees, such other special Committees as the Chairperson, from time to time, may appoint and establish subject to approval by the Board. The membership of all such special Committees shall automatically be vacated upon a new Board of Commissioners taking office.
E. COMMITTEE MEETINGS. Meetings of a standing or special Committee may be convened by its Chairperson or by a majority of its members at any time upon reasonable notice to its members and to the Chairperson of the Board, provided the notice complies with the requirements of the Open Meetings Act, 1976 PA 267. A quorum is required to conduct business. A quorum shall consist of the Committee’s members noted below. In order for a Committee to move a matter to the Board of Commissioners for consideration, a majority of those voting is required but there shall always be a requirement of not less than the numbers noted in the below chart:
Number of Quorum Minimum Number of Number of Affirmative Committee Requirement Affirmative Votes Votes Necessary to Take Members Necessary to Recommend Final Action** Appointed and Action to Board Serving 3 2 2 2 4 2 2 3 5 3 2 3 6 3 3 4 7 4 3 4 8 4 4 5 9 5 4 5
** (such as the County Services Committee voting on a grievance)
Further, final action of a Committee other than referring a matter to the Board of Commissioners, such as the County Services Committee voting on a grievance, shall require a majority vote of the total Committee compositions (four Commissioners would have to vote in order for a final action in case of a seven member Committee, and three Commissioners would have to vote in order to take such final action for a five member Committee). All Committee meetings shall be open, except that a Committee may vote to go into closed session as provided by the Open Meetings Act, 1976 PA 267. Each Committee shall have a prepared agenda at 111 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
least one day prior to the Committee meetings, which shall include, as far as is practicable, all items to be considered by the Committee; the agenda shall be posted on the Courthouse bulletin board and shall be made available to the public on request as provided by the Open Meetings Act, 1976 PA 267. The Chairperson of each Committee shall either prepare an agenda in cooperation with the department heads, or shall delegate that authority to the appropriate staff. All Committees shall keep minutes of their meetings as required by the Open Meetings Act, 1976 PA 267, and said minutes shall be permanently kept on file with the Clerk of the Board. Every Committee or Subcommittee shall provide an opportunity for public comment at the beginning and end of each agenda. Each person shall be permitted to speak for three (3) minutes, except that if it appears a large number of people wish to speak at a meeting the Chairperson may ask those wishing to speak to identify themselves and if there are more than 20 may announce that the allotted time per person will be two (2) minutes, except where extended privileges are granted by the Chairperson. Members of the public desiring to speak shall be required to identify themselves.
1. An audiotape shall be made during the conduct of regularly scheduled Committee meetings except during closed session held pursuant to the Open Meetings Act. Taping may be temporarily paused during a meeting at the direction of the Chairperson of the Committee. Such tape shall be kept in the Board of Commissioners office for public access for at least six months from the date of the meeting after which time it may be erased or overwritten. The commitment of staff time shall be limited to providing access to the original tape, or to provide a copy upon request at a rate allowed under the Freedom of Information Act.
F. CONSENT AGENDA. At the discretion of the Committee Chairperson, all of the resolutions and actions of the Committee which are on the agenda may be acted upon in one vote; provided, however, that any member of the Committee may identify specific resolutions and actions which are not to be included in the one vote but which are to be discussed and voted upon separately.
Prior to the Committee Chairperson calling for a vote on the consent agenda, Commissioners shall have the opportunity to identify those resolutions and actions which are not to be included but which are to be discussed and voted on separately.
V. CONDUCT OF BOARD MEETINGS
A. QUORUM. A majority of the members of the County Board of Commissioners shall constitute a quorum for the transaction of the ordinary business of the County, and questions which arise at meetings shall be determined by the votes of a majority of the members present, except upon the final passage or adoption of a measure or resolution, or the allowance of a claim against the County, in which case a majority of the members elected and serving shall be necessary.
B. ORDER OF BUSINESS.
1. Agenda.
1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Time for Meditation 4. Reading and Correction of Minutes 5. Addition of Items to the Agenda 6. Petitions and Communications 7. Limited Public Comment 8. Consideration of Consent Agenda 9. Committee Reports 10. New and Miscellaneous Business 112 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
11. Late Committee Reports and Late Individual Resolutions 12. Special Orders of the Day 13. Limited Public Comment 14. Commissioner Announcements 15. Consideration and Allowance of Claims 16. Adjournment
2. Specific Agenda Priorities. All matters shall be placed upon the agenda of the Board within a specific section as listed immediately above by the Clerk of the Board.
Consent Agenda. At the discretion of the Board Chairperson, with approval of the Board, all of the resolutions and actions of the Board which are on the agenda may be acted upon in one roll call vote; provided, however, that any member of the Board may identify specific resolutions and actions which are not to be included in the one roll call vote but which are to be discussed and voted upon separately; and provided further that resolutions and actions requiring a roll call vote and or a 2/3 vote shall not be included in the one vote but shall be discussed and voted upon separately.
Prior to the Board Chairperson calling for a vote on the consent agenda, Commissioners shall have the opportunity to identify those resolutions and actions which are not to be included but which are to be discussed and voted on separately.
3. Agenda Deadline. All information to be placed on the agenda must be received by the Clerk of the Board from Committees no later than noon on the fifth day immediately preceding the Board meetings. For the second Board meeting of each November, being the fourth Tuesday, all information to be placed on the agenda must be received by the Clerk of the Board from Committees no later than 12:00 noon on the eighth day immediately preceding said Board meeting. On or before the fourth day before each Board meeting, the Clerk shall mail or provide electronically to each Commissioner the agenda for the meeting, arranged as described in these Rules, and briefly describing all matters to be considered, including a copy of all Committee reports and individual resolutions to be acted upon at said meeting. No Committee report or individual resolutions, other than reports on routine claims, shall ordinarily be considered unless a copy thereof has been mailed or provide electronically to each Commissioner with the agenda or otherwise delivered to each Commissioner not later than the third day prior to the meeting. Late Committee items shall be distributed to all Commissioners at the beginning of the Board meeting and shall be announced by title and added to the agenda with appropriate agenda numbers. A five minute recess may be granted at the request of any Commissioner prior to the consideration of late items. Individual resolutions, which have not been moved at Committee, shall ordinarily be referred to Committee unless 2/3 of the members present vote to allow the resolution to be considered by the Board immediately.
C. RIGHTS AND DUTIES OF MEMBERS.
1. Speaking Priorities. The sponsor of any properly moved and seconded motion, resolution, ordinance, or report, shall have the right to speak for up to three (3) minutes, after the formal introduction but prior to any discussion of the matter on the floor. In any case where there may be more than one sponsor to a particular motion, resolution, ordinance or report, it shall be in the discretion of the Chairperson which person shall exercise the right given by this rule to first speak on the pending matter. Before speaking, each member shall address himself/herself to the Chairperson. If two or more members seek recognition to speak at the same time, the Chairperson shall designate the order in which they shall speak. No member, while addressing the Board, shall be interrupted, except to be called to order; and thereupon, he/she shall immediately cease talking and be seated. Every Commissioner shall vote on all questions unless excused by the Chairperson. The Chairperson shall vote on all questions unless excused by the Board. 113 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
D. MOTIONS, RESOLUTIONS AND COMMITTEE REPORTS. No motion shall be debated or voted upon unless seconded. It shall then be stated by the Chairperson before debate. Any motion may, with the permission of the person who moved and seconded it, be withdrawn at any time before the same has been adopted. Every motion shall be put in writing at the request of any member of the Board. All motions, resolutions, Committee reports and amendments or substitutes thereto shall be entered at large upon the minutes unless withdrawn.
1. Voting. The vote on any question shall be taken by a yea and nay roll call when called for by any member of the Board. Closed sessions may be held, provided the Open Meetings Act, 1976 PA 267, is adhered to.
2. Order of Precedence of Motions. When a motion is seconded and before the Board, no other motion shall be received except the following:
a. To fix the time to which to adjourn b. To adjourn c. For the previous question d. To lay on the table e. To postpone indefinitely f. To postpone to a date certain g. To refer h. To amend
These motions shall have precedence in the order as above named.
3. Motions to Adjourn. A motion to adjourn shall always be in order except while a vote is being taken on any other motion already before the Board, or when a member has the floor; provided, that there shall be other intervening business or a change in the circumstances between the two motions to adjourn.
4. Motions to Reconsider. A motion for the reconsideration of any question shall be in order if made on the same day or at the Board meeting next succeeding that on which the decision proposed to be reconsidered was made; providing, however, that a second reconsideration of any question or a reconsideration at a later date may be had with the consent of two-thirds (2/3) of the members elected and serving, but in such event the moving member shall file written notice of his/her intention to move for a reconsideration in the office of the Clerk of the Board at least one day before making such a motion.
5. Reports and Motions Requiring Signatures. All reports of Committees shall be in writing and the names of the members of such Committees concurring in such reports shall be noted thereon. Every written resolution or motion shall have noted the name of the member or members introducing the same.
6. Resolutions and Ordinances. Resolutions shall be considered in the order in which they are received unless otherwise ordered by the Board, in accordance with Section V, Sub-section B, Number 2. All resolutions and motions for the appropriation of money and all proposed County ordinances shall be presented to the Board in writing.
7. Division of Question. Upon request by any member, any question before the Board may be divided and separated into more than one question; provided, however, that such may be done only when the
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original is of such a nature that upon division, each of the resulting questions is a complete question permitting independent consideration and action.
E. APPEAL FROM DECISION OF CHAIRPERSON. When an appeal is taken from the decision of the Chairperson, the member taking the appeal shall be allowed to state his/her reason for doing so. The question shall be then immediately put in the following form: "Shall the ruling of the Chairperson be sustained?" The question shall be determined by a majority vote of the members present, except the Chairperson, upon the request of any member, shall not preside over such a vote.
F. REFERRAL TO COMMITTEES. It shall be the duty of the Chairperson to refer all petitions, communications, resolutions, motions and other business that may come before the Board to the proper Committee unless objection be made by some member, in which event a motion made and adopted with reference to the subject shall preclude the Chairperson's action.
G. DISCHARGE OF COMMITTEE. The Board may, by a majority vote of all its members, discharge any Committee from further consideration of any matter referred to the Committee for general referral if the motion to discharge was properly placed upon the meeting agenda at which action is desired. Any motion to discharge that does not appear on the agenda of the meeting at which action is desired, shall require a two- thirds (2/3) vote of all members elected and serving for passage.
H. MOTION TO CLEAR THE FLOOR. If, in the judgment of the Chairperson, there is a confusion of Parliamentary procedure existing, the Chairperson shall have the right to request a "motion to clear the floor" which motion, if made and seconded, shall be undebatable, shall take precedence over all other motions, shall be forthwith put by the Chairperson, and, if carried, shall clear the floor completely and with the same effect as if all matters on the floor were withdrawn. The motion to clear the floor shall not be reconsidered; but its passage shall not limit the right of any member to move the reconsideration of any other matter in the same manner as, but for the passage of the motion to clear the floor, would be in accordance with these Rules.
I. PUBLIC MEETINGS. Board meetings shall be open to the public as required by the Open Meetings Act, 1976 PA 267.
J. COMMENTS FROM THE FLOOR. Only members of the Ingham County Board of Commissioners shall be given the floor to speak during any Board meeting except:
1. Anyone who desires to speak under Subsection B, Number 1, and J of this article; and
2. County officials and/or personnel may speak with the consent of the majority of the Board members present; and
3. Any person who, with the consent of the Chairperson of the Board and/or the Chairperson and/or a majority of any Board Committee, has been given permission to be listed in an appropriate place on the agenda for the purpose of that presentation at the meeting.
4. Under public comment, each person shall be permitted to speak for (3) three minutes, except that if it appears a large number of people wish to speak at a meeting the Chairperson may ask those wishing to speak to identify themselves and if there are more than 20 may announce that the allotted time per person will be two (2) minutes, except where extended privileges are granted by the Chairperson.
K. PARLIAMENTARY AUTHORITY. Mason's Manual of Legislative Procedure, 1979 edition, shall govern all questions of procedures which are not otherwise provided by the Rules, or by State law.
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L. USE OF CELL PHONES. During meetings of the Board, including Committee meetings, all cell phones or other electronic devices shall be turned off or set to “mute” or “vibrate” in order to avoid disruption.
Commissioners choosing to answer cell phone calls shall leave the table, and if necessary, the room, in order to avoid disruption. Notices of Board and Committee meetings shall include a request that all cell phones or other electronic devices be turned off or set to “mute” or “vibrate” in order to avoid disruption during the meeting. Disruption of a meeting by inappropriate use of a cell phone may be addressed in the same manner as other inappropriate disruptions.
VI. FINANCE
A. SALARIES. The salary of each elected official shall be fixed by the Board according to the provisions of the law.
B. BOARD COMPENSATION. Members of the Board and its Committees shall be compensated for their duties and their Committee work at such rates and such amounts as the Board, by resolution, in accordance with State Law, shall determine.
C. EXTRA COMPENSATION. The Board shall not grant or authorize extra compensation to any public officer, agent or contractor after the services have been rendered or the contract entered into.
D. BUDGET LIMITATIONS. Except as may be otherwise required by law or Board Resolution, no County board, agency, or officer whose budget is in whole or in part subject to the jurisdiction of the Board shall exceed or commit itself to exceed its budget or any line item thereof without prior approval of the Board.
VII. ADMINISTRATION
A. ASSISTANCE TO THE CHAIRPERSON. The Clerk and/or his/her designee shall provide such secretarial and stenographic assistance to the Chairperson of the Board and to the Chairperson of each Committee in the performance of their Board authorized duties as they may reasonably request.
B. FORM OF REPORTS AND COMMUNICATIONS. All written reports and communications to the Board and its Committees and members from any office, agency or employee of the County shall be upon 8-1/2 by 11 inch paper punched for standard notebook use.
C. NOTICE OF BOARD ACTION. When the Board has acted upon a written request or demand for action presented to the Board from other than among its membership, the Clerk shall promptly notify the person or agency making the request or demand of the Board's action thereon.
D. SCHEDULE OF CLAIMS. At the beginning of each regular and adjourned regular meeting of the Board, the Controller shall provide the Board with a schedule of the claims to be considered for allowance or disallowance in accordance with Resolution #81-249.
E. MINUTES. A copy of the minutes of each Board meeting shall be prepared and transmitted to each Board member promptly. The County Clerk or his/her designee, shall prepare minutes as required by the Open Meetings Act, 1976 PA 267.
All resolutions finally adopted by the Board in each calendar year shall be consecutively numbered immediately by the Clerk of the Board in the order of their adoption, which number shall be prefixed with the last two digits of the year of its adoption and a hyphen. Thus, the third resolution adopted in 1982 would be designated 116 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
"RESOLUTION NO. 82-3". As each resolution is finally adopted, the Clerk of the Board shall assign its proper number, which shall appear at the head of said resolution as finally adopted in the minutes as shown above.
F. BUDGET AND SALARY DETAIL. When the tentative budget and when the budget itself is submitted to the Board by the Finance Committee, as provided in these Rules, the Controller shall provide each member of the Board with a copy of the full budget and salary schedule and such other information as required in the Uniform Budgeting Act, 1978 PA 621.
G. MEMBERS' MANUAL. As soon as possible after the adoption of these Rules, the Board Coordinator to the Board shall make available the following information:
1. Names, addresses and telephone numbers (home and business) of all Board members. 2. The most current Board Rules, as amended. 3. All County ordinances (except bonding ordinances). 4. All Board resolutions of continuing effect which relate in any manner to County affairs. 5. All statutory deadlines for action respecting taxes within the County. 6. All statutory deadlines for Board action, other than respecting taxes. 7. The positions, names and addresses and telephone numbers (home and business) of all Board appointees, with the date of their original appointment to said board and the date which their current term expires. 8. The notebook or manual shall also include such other information as the Board, by resolution, from time to time directs. 9. The County Ethics Policy
The Board Coordinator to the Board shall update this information as necessary.
H. COPIES OF PARLIAMENTARY AUTHORITY. The Board Coordinator to the Board shall provide each member a copy of Mason's Rules of Order.
VIII. TITLES AND SUBTITLES
A. The title and subtitles of these Rules, and the citations appended thereto, are for convenience only, and shall not be considered as part of these Rules.
IX. AMENDMENT TO AND EFFECTIVE DATE OF THESE RULES
A. These Rules may be amended, suspended, or rescinded only by a majority vote of all of the Commissioners elect. They shall remain in effect until rescinded or amended.
B. Any amendment to these Rules properly presented to the Board of Commissioners and adopted, shall take immediate effect unless otherwise stated by the Board at the time of adoption.
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services Committee:
RESOLUTION AUTHORIZING A CONTRACT BETWEEN DYER WELL DRILLING AND INGHAM COUNTY FOR THE CONSTRUCTION OF AN IRRIGATION WELL AT HAWK ISLAND COUNTY PARK
117 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
RESOLUTION #05-091
WHEREAS, the Ingham County Board of Commissioners adopted Resolution #05-030, authorizing the Parks Department to construct an irrigation well at Hawk Island County Park and the County Controller to transfer funds to cover the cost of the construction of the well; and
WHEREAS, the Ingham County Purchasing Department solicited and received sealed bids for the well project and reviewed the bids with the Parks Department; and
WHEREAS, concerns regarding bid award to the low bidder, Dyer Well Drilling, were identified by the Purchasing Department because of violations of state law and administrative regulations identified by the Michigan Department of Environmental Quality, which resulted in a recent Administrative Enforcement Action; and
WHEREAS, in consultation with the Health Department, it has been determined that through close supervision the County can be assured that the well will be constructed in conformance with all applicable county and state regulations; and
WHEREAS, the County Controller and Purchasing Director are recommending that the contract be awarded to Dyer Well Drilling on the conditions that Dyer cooperate fully with the Ingham County Health Department in facilitating its close supervision of the construction in order to assure that the well is constructed in conformance with all applicable county and state regulations.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners accepts the bid from Dyer Well Drilling in the amount of $20,600 for the construction of an irrigation well at Hawk Island County Park as provided in the Request for Bids #16-05, subject to negotiation of an acceptable contract;
BE IT FURTHER RESOLVED, that the Board of Commissioners authorizes a contract with Dyer Well Drilling, on the condition that the company agrees contractually to fully adhere to all applicable state and county regulations and to meet all requirements of the bid specifications; that they fully cooperate with the Ingham County Health Department in their monitoring of the well construction; and that no payment for the construction will be made until the ICHD has certified to the County that the well has been constructed in compliance with all applicable state and county regulations to their satisfaction;
BE IT FURTHER RESOLVED, that the Ingham County Health Department will closely monitor the construction of the well and certify to the County Controller when the well has been constructed in compliance with all applicable state and county regulations to their satisfaction.
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.
COUNTY SERVICES: County Services will meet 4/12/05
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
118 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
RESOLUTION AMENDING THE REGISTER OF DEEDS AUTOMATION FUND BUDGET AND APPROVING THE PURCHASE OF CAPITAL EQUIPMENT
RESOLUTION #05-092
WHEREAS, the Ingham County Register of Deeds is up dating the technology used in recording documents; and
WHEREAS, the Register of Deeds Office will be purchasing flat screen monitors for vault use; and
WHEREAS, six workstations including flat monitors and one printer will be added to the vault customer work area at an estimated cost of:
Printer $ 1,249.00 CPU 7@$864 $ 6,048.00 Monitors 16@$663.00 $10,608.00, and
WHEREAS, wiring updates and installation for additional work stations are required with an estimated cost of $3,473.00; and
WHEREAS, revenues are available in the Register of Deeds Automation Fund Budget to pay for these technology upgrades.
THEREFORE BE IT RESOLVED, that the Controller is authorized to increase revenues and expenditures in the Register of Deeds Automation Fund by $21,378 to allow for the purchase of said monitors, work stations, wiring and related equipment.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino Nays: None Absent: Vickers Approved 4/5/05
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan Nays: None Approved 4/6/05
Adopted as part of the consent agenda.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION ESTABLISHING THE INGHAM COUNTY PARKS AND RECREATION COMMISSION UNDER PUBLIC ACT 261 OF 1965
RESOLUTION #05-093
WHEREAS, the Ingham County Parks Board was established in 1997 pursuant to Public Act 156 of 1917, being MCL 123.51 et seq., and Ingham County Board of Commissioners Resolution Nos. 97-44, 97-103, 97- 106, and 97-152, to have the general responsibility to oversee the maintenance and operation of the Ingham County Parks system; and
WHEREAS, the Michigan Council on Law Enforcement Standards (MCOLES) has notified Ingham County that it will no longer certify the seasonal police officers employed by the Ingham County Parks Board, on the 119 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
grounds that the Parks Board as currently structured lacks direct legislative authorization to employ police officers; and
WHEREAS, the Ingham County Sheriff has declined to deputize those seasonal police officers without MCOLES certification; and
WHEREAS, it is the sense of the Parks Board that fully deputized and certified police officers are critical to the delivery of quality parks and recreation services to the citizens of Ingham County; and
WHEREAS, a restructuring of the Ingham County Parks Board as a County Parks and Recreation Commission under Public Act 261 of 1965, as amended, which provides express legislative authorization for the appointment of park rangers, will allow for the certification of the seasonal police officers by MCOLES, and continuation of the current arrangement for providing police services within the Ingham County Park system; and
WHEREAS, the Ingham County Parks Board supports the establishment of the Ingham County Parks and Recreation Commission under Public Act 261 of 1965, as amended, by the adoption of Parks Resolution #12-05,
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners, by 2/3 majority vote of all its members, hereby establishes the Ingham County Parks and Recreation Commission under Public Act 261 of 1965, as amended, being MCL 46.351 et seq., as a County agency under the general control of the Ingham County Board of Commissioners, effective immediately; and
BE IT FURTHER RESOLVED, that in accordance with Public Act 261 of 1965, as amended, the Ingham County Parks and Recreation Commission shall consist of the following members: (1) Chairperson of the Ingham County Road Commission, or another Road Commissioner designated by the Board of County Road Commissioners; (2) Ingham County Drain Commissioner; (3) Chairperson of the Tri-County Regional Planning Commission, if he or she is a resident of Ingham County; but if he or she is not a resident of Ingham County, then another representative of the Regional Planning Commission who is a resident of Ingham County shall be appointed by 2/3 vote of the Board; and (4) Seven members appointed by the Board of Commissioners, not less than one nor more than three of whom shall be members of the Board of Commissioners; and
BE IT FURTHER RESOLVED, that the following initial appointments be made to the Ingham County Parks and Recreation Commission:
1) Mike McDonald (Term ending January 1, 2007)
2) Dennis Propst (Term ending January 1, 2007)
3) Tina Weatherwax-Grant (Term ending January 1, 2008)
4) Neila Tillman (Term ending January 1, 2008)
5) Pam Weil (Term ending January 1, 2009)
6) John Czarnecki (Term ending January 1, 2009)
120 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
7) William Matt (Term ending January 1, 2009); and
BE IT FURTHER RESOLVED, that any member of the County Board of Commissioners appointed to the Ingham County Parks and Recreation Commission shall cease to hold office as a member of the Parks and Recreation Commission immediately upon vacating the office of County Commissioner; and
BE IT FURTHER RESOLVED, that all authority and responsibility for the maintenance and operation of the County Parks system is hereby transferred from the existing Ingham County Parks Board to the newly established Ingham County Parks and Recreation Commission; and
BE IT FURTHER RESOLVED, that all contracts for goods and/or services, employment contracts, and collective bargaining agreements involving the Parks Board as a party are hereby assigned from the existing Ingham County Parks Board to the newly established Ingham County Parks and Recreation Commission, and shall continue in full force and effect; and
BE IT FURTHER RESOLVED, that all current rules and regulations governing the use of County Parks shall continue in full force and effect, unless and until they are amended or repealed by the Parks and Recreation Commission, with the approval of the County Board of Commissioners; and
BE IT FURTHER RESOLVED, that except as otherwise provided herein, the Ingham County Parks and Recreation Commission shall have all the powers, duties, and responsibilities of a county parks and recreation commission as set forth in Public Act 261 of 1965, as amended, including but not limited to the adoption of by-laws, and the appointment of park rangers who may be deputized by the Ingham County Sheriff to enforce the laws of this State and the County Park rules and regulations; and
BE IT FURTHER RESOLVED, that upon its initial meeting, the newly established Parks and Recreation Commission shall elect from its membership a president, a secretary, and other officers as it considers necessary, which officers shall hold office until the following January, and until their successors are elected and qualified; and
BE IT FURTHER RESOLVED, that the Ingham County Treasurer shall be the treasurer of the Ingham County Parks and Recreation Commission; and
BE IT FURTHER RESOLVED, that except as otherwise provided herein, all operations and activities of the Ingham County Parks Department and the Ingham County Parks and Recreation Commission, including purchasing, contracting, employment, collective bargaining, financial services, management information services, and budget development, adoption and implementation, shall be conducted in accordance with the policies and procedures adopted by the Board of Commissioners for County departments; and
BE IT FURTHER RESOLVED, that the following authority is delegated to the Ingham County Parks and Recreation Commission:
(1) The Parks and Recreation Commission shall adopt and provide for the enforcement of rules and regulations covering the use of County Park facilities, and the conduct of persons thereon, subject to approval by the Board of Commissioners;
(2) The Parks and Recreation Commission, or its designated representatives, may approve and sign agreements for the rental of County Park facilities, such as pavilions, ball fields, etc., without further approval
121 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING of the Board of Commissioners, provided the form of such agreements are approved by the County Attorney, and such agreements do not involve consideration exceeding $5,000;
(3) The Parks and Recreation Commission may set and periodically adjust user fees and rental fees pertaining to the use of County Park facilities and equipment, except for entrance fees, without further approval of the Board of Commissioners, provided that the form of such fees shall be approved by the County Attorney as to form, and that the County Services Committee of the Board of Commissioners shall be given written advance notification of such proposed action; and
(4) The Parks and Recreation Commission shall appoint a Parks Director, and authorize such employees as necessary to assist the Parks and Recreation Commission in the maintenance and operation of the Parks system, subject to budgetary limitations. Such persons shall be County employees and supervised by the Parks and Recreation Commission.
BE IT FURTHER RESOLVED, that compensation for the members of the Ingham County Parks and Recreation Commission shall be consistent with the Board of Commissioners= policy of per diem payments for its oversight committees and boards; and
BE IT FURTHER RESOLVED, that this Resolution shall supersede any and all other Resolutions establishing or amending the governing organizational structure of the Ingham County Parks Department; and
BE IT FURTHER RESOLVED, that the Ingham County Parks Board is hereby abolished; and
BE IT FURTHER RESOLVED, that Ingham County Board of Commissioners Resolution Nos. 97-44, 97-103, 97-106, and 97-152 are hereby rescinded.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Severino Nays: Schor Absent: Vickers Approved 4/5/05 FINANCE: Yeas: Swope, Hertel, Schor, Thomas, Dougan Nays: Dedden Absent: None Approved 4/6/05
Moved by Commissioner Celentino, supported by Commissioner Weatherwax-Grant to adopt the resolution. Motion carried with Commissioner Dedden voting no, all others voting yes. Absent: Commissioner De Leon.
The following resolution was introduced by the County Services and Finance Committees:
RESOLUTION REVISING THE POLICY ON TAX SHARING AGREEMENTS
RESOLUTION #05-094
WHEREAS, the Ingham County Board of Commissioners had established a policy for tax sharing agreements on August 22, 1995 (Resolution #95-174) and has now reconsidered the advantages and disadvantages of such captures in the future; and
WHEREAS, the Ingham County Board of Commissioners now wishes to maintain and update a policy regarding whether or not to allow the capture of county property tax revenues within new or expanded development districts under the Local Development Finance Authority Act (LDFA), the Downtown Development Act (DDA), or in other tax authorities or municipalities.
122 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners adopts the following revised policy with respect to the capture of county property tax revenues within new or expanded development districts including those under the Local Development Finance Authority Act (LDFA), the Downtown Development Authority Act (DDA), and other tax authorities or municipalities:
1. The County will not permit the capture of county property tax revenues in any new or amended development district unless the Ingham County Board of Commissioners has approved a tax sharing agreement with the affected development district and the affected municipality.
2. Except as otherwise provided in this resolution for high technology activities, the County will only consider the approval of a tax sharing agreement that meets the following conditions:
a. The agreement must be for specifically defined public infrastructure projects which are directly related to the economic growth within that district. Economic growth is understood to be the creation, retention, and expansion of jobs and income.
b. Specifically defined public infrastructure projects must be for specific items of work, each of which is limited to a specific maximum dollar amount to be completed within a specified time period. The agreement shall specify the maximum amount of captured property tax revenues and the time over which those revenues may be captured. It shall also specify that any excess collections must be returned to the County Treasurer annually.
c. The affected jurisdiction must allow the capture and expenditure of its property tax revenues for the same period of time during which the County tax revenues are being captured and expended in the district.
d. If tax revenue is generated faster than anticipated due to growth within the district exceeding initial projections, the additional revenues may be used to decrease or call any bonds or other debt obligations related to the projects approved by the tax sharing agreement in proportion with funds from other taxing jurisdictions.
3. The County recognizes that some economic development projects may not be strictly public infrastructure and will consider other project proposals related to high technology activities as defined in section 3 of the MEGA legislation, PA 124 of 1995 (MCL 207.803) as necessary.
4. The County Economic Development Corporation is designated as the county agency responsible for evaluating requests for the capture of county property tax revenues as to conformance with this policy, and shall recommend approval or disapproval of any such proposed agreement to the Board of Commissioners.
THEREFORE BE IT RESOLVED, that upon receipt of a request for the capture of county property tax revenues, a copy of that request shall be forwarded to the County Economic Development Corporation for review and comment and a resolution responding to the request as provided by this policy will be placed on the appropriate committee agendas for consideration and final action by the Board of Commissioners within the sixty (60) day statutory requirement.
BE IT FURTHER RESOLVED, that the County Commissioners may also consider other relevant issues regarding the agreement proposal including the possible environmental impact of the projects proposed in the agreement.
123 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
BE IT FURTHER RESOLVED, that a copy of any approved agreement shall be provided to the County Treasurer who shall take the necessary steps to assure that captured property tax revenues collected in excess of the amounts permitted by the agreement are returned to the County on an annual basis. BE IT FURTHER RESOLVED, that an initial rejection by the Board of Commissioners of such a request may be rescinded if and when a tax sharing agreement that meets the conditions of this policy is reached.
BE IT FURTHER RESOLVED, that Resolution # 95-174 is rescinded and replaced by this resolution.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Severino Nays: Schor Absent: Vickers Approved 4/5/05
FINANCE: Yeas: Dedden, Swope, Hertel, Dougan Nays: Schor, Thomas Absent: None Approved 4/6/05
Moved by Commissioner Celentino, supported by Commissioner Schafer to adopt the resolution. Motion carried with Commissioners Schor and Thomas voting no, all others voting yes. Absent: Commissioner De Leon.
The following resolution was introduced by the Finance Committee:
RESOLUTION AUTHORIZING 2005 ADMINISTRATIVE FUND
RESOLUTION #05-095
A Statutory Equalization meeting of the Board of Commissioners of the County of Ingham, Michigan (the "County"), was held in Mason, Michigan, on April 12, 2005. The following Commissioners were
PRESENT: Celentino, Copedge, Dedden, Dougan, Hertel, Holman, Nolan, Schafer, Schor, Severino, Swope, Thomas, Vickers, Weatherwax-Grant and Grebner ABSENT: De Leon
RESOLUTION AUTHORIZING 2005 ADMINISTRATIVE FUND
IT IS RESOLVED BY THE INGHAM COUNTY BOARD OF COMMISSIONERS AS FOLLOWS:
The County Treasurer, pursuant to Section 87c, Subsection (2), of Act 206 of 1893, is designated as Agent for the County, and the Treasurer’s office shall receive all such sums as are provided in Section 87c, Subsection (3), to cover administrative expenses so long as Treasurer waives right to receive such sums as would be payable to him under Section 87c, Subsection (3).
Discussion followed. A vote was thereupon taken on the foregoing resolution and was as follows:
AYES: Celentino, Copedge, Dedden, Dougan, Hertel, Holman, Nolan, Schafer, Schor, Severino, Swope, Thomas, Vickers, Weatherwax-Grant and Grebner
NAYS: None
ABSTAIN: None
ABSENT: De Leon
124 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
A sufficient majority having voted therefor, the resolution appearing above was adopted.
STATE OF MICHIGAN
COUNTY OF INGHAM
I certify that the foregoing is a true and accurate copy of the resolution adopted by the Ingham County Board of Commissioners, that such resolution was duly adopted at a Statutory Equalization Meeting held on the 12th day of April, 2005, and that notice of such meeting was given as required by law.
______Ingham County Clerk [SEAL] elk.GR-ING2005.doc
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan Nays: None Absent: None Approved 4/6/05
Moved by Commissioner Dedden, supported by Commissioner Celentino to adopt the resolution. Motion carried on a unanimous roll call vote. Absent: Commissioner De Leon.
The following resolution was introduced by the Finance Committee:
2005 BORROWING RESOLUTION (2004 DELINQUENT TAXES)
RESOLUTION #05-096
A statutory equalization meeting of the Board of Commissioners of the County of Ingham, Michigan (the "County"), was held in Mason, Michigan, on April 12, 2005. The following Commissioners were
PRESENT: Celentino, Copedge, Dedden, Dougan, Hertel, Holman, Nolan, Schafer, Schor, Severino, Swope, Thomas, Vickers, Weatherwax-Grant and Grebner
ABSENT: De Leon
The preambles and resolution set forth below were offered by Commissioner Dedden and were seconded by Commissioner Celentino.
2005 BORROWING RESOLUTION (2004 DELINQUENT TAXES)
WHEREAS, ad valorem real property taxes are imposed by the County and the local taxing units within the County on July 1 and/or December 1 of each year; and
WHEREAS, a certain portion of these taxes remain unpaid and uncollected on March 1 of the year following assessment, at which time they are returned delinquent to the County's treasurer (the "Treasurer"); and
WHEREAS, the Treasurer is bound to collect all delinquent taxes, interest and property tax administration fees which would otherwise be payable to the local taxing units within the County; and
125 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
WHEREAS, the statutes of the State of Michigan authorize the County to establish a fund, in whole or in part from borrowed proceeds, to pay local taxing units within the County their respective shares of delinquent ad valorem real property taxes in anticipation of the collection of those taxes by the Treasurer; and
WHEREAS, the County Board of Commissioners (the "Board") has adopted a resolution authorizing the County's Delinquent Tax Revolving Fund (the "Revolving Fund Program"), pursuant to Section 87b of Act No. 206, Michigan Public Acts of 1893, as amended ("Act 206"); and
WHEREAS, such fund has been established to provide a source of monies from which the Treasurer may pay any or all delinquent ad valorem real property taxes which are due the County, and any city, township, school district, intermediate school district, community college district, special assessment district, drainage district, or other political unit within the geographical boundaries of the County participating in the County's Revolving Fund Program pursuant to Act 206 ("local units"); and
WHEREAS, the Treasurer is authorized under Act 206, and has been directed by the Board, to make such payments with respect to delinquent ad valorem real property taxes (including the property tax administration fees assessed under subsection (6) of Section 44 of Act 206) owed in 2004 to the County and the local units (collectively, the "taxing units") which will have remained unpaid on March 1, 2005 and the Treasurer is authorized to pledge these amounts in addition to any amounts not already pledged for repayment of prior series of notes (or after such prior series of notes are returned as a secondary pledge) all as the Treasurer shall specify in an order when the notes authorized hereunder are issued (the "Delinquent Taxes"); and
WHEREAS, the Board has determined that in order to raise sufficient monies to adequately fund the Revolving Fund Program, the County must issue its General Obligation Limited Tax Notes, Series 2005 in one or more series, in accordance with Sections 87c, 87d, 87e, 87f, 87g and 89 of Act 206 and on the terms and conditions set forth below.
NOW, THEREFORE, IT IS RESOLVED BY THE BOARD AS FOLLOWS:
I. GENERAL PROVISIONS
101. Establishment of 2005 Revolving Fund. In order to implement the continuation of the Revolving Fund Program and in accordance with Act 206, the County hereby establishes a 2005 Delinquent Tax Revolving Fund (the "Revolving Fund") as a separate and segregated fund within the existing Delinquent Tax Revolving Fund of the County previously established by the Board pursuant to Section 87b of Act 206.
102. Issuance of Notes. The County shall issue its General Obligation Limited Tax Notes, Series 2005 in one or more series (the "Notes"), in accordance with this Resolution and Sections 87c, 87d, 87e, 87f, 87g and 89 of Act 206, payable in whole or in part from the Delinquent Taxes and/or from the other sources specified below.
103. Aggregate Amount of Notes.
(a) The Notes shall be issued in an aggregate amount to be determined in accordance with this Section by the Treasurer.
(b) The aggregate amount of the Notes shall not be less than the amount by which the actual or estimated Delinquent Taxes exceeds (i) the County's participating share of Delinquent Taxes, and (ii) any sums otherwise available to fund the Tax Payment Account established under Section 702 (including any monies held in respect of Section 704(c)).
(c) The aggregate amount of the Notes shall not be greater than the sum of (i) the actual amount of the Delinquent Taxes pledged to the payment of debt service on the Notes, plus (ii) the amount determined by the Treasurer to be allocated to a reserve fund. Original proceeds of the Notes devoted to a reserve fund
126 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
shall not exceed the lesser of (A) the amount reasonably required for those of the Notes secured by the reserve fund, (B) 10% of the proceeds of such Notes, (C) the maximum amount of annual debt service on such Notes, or (D) 125% of average annual debt service on such Notes.
(d) The aggregate amount of the Notes shall be designated by the Treasurer by written order after (i) the amount of the Delinquent Taxes, or the amount of Delinquent Taxes to be funded by the issuance of the Notes, has been estimated or determined, and (ii) the amount of the reasonably required reserve fund has been calculated. Delinquent Taxes shall be estimated based on delinquencies experienced during the past three fiscal years and on demographic and economic data relevant to the current tax year, and shall be determined based on certification from each of the taxing units. The amount of the reasonably required reserve fund shall be calculated pursuant to such analyses and certificates as the Treasurer may request.
104. Proceeds. If the Notes are issued and sold before the Treasurer has received certification from the taxing units of the amount of the Delinquent Taxes and if such certification is not reasonably anticipated to occur to allow distribution of the proceeds of the Notes within 20 days after the date of issue, the proceeds of the Notes shall be deposited in the County's 2005 Delinquent Tax Project Account and thereafter used to fund the whole or a part of the County's 2005 Tax Payment Account, 2005 Note Reserve Account and/or 2005 Note Payment Account, subject to and in accordance with Article VII. If the Notes are issued and sold on or after such time, the proceeds of the Notes shall be deposited directly into the County's 2005 Tax Payment Account, 2005 Note Reserve Account and/or 2005 Note Payment Account, as provided in Article VII.
105. Treasurer's Order Authorizing Notes and Establishing Delinquent Taxes. At or prior to the time any Notes are issued pursuant to this resolution, the Treasurer, as authorized by Act 206, may issue a written order specifying the amount and character of the Delinquent Taxes, the Article or Articles under which the Notes are being issued and any other matters subject to the Treasurers control under either this resolution or Act 206.
II. FIXED MATURITY NOTES
201. Authority. At the option of the Treasurer, exercisable by written order, the Notes may be issued in accordance with this Article II. All reference to "Notes" in Article II refers only to Notes issued pursuant to Article II, unless otherwise specified.
202. Date. The Notes shall be dated as of the date of issue or as of such earlier date specified by written order of the Treasurer.
203. Maturity and Amounts. Notes issued pursuant to this Article II shall be structured in accordance with subsections (a) or (b) below as determined by the Treasurer pursuant to written order.
(a) The first maturity of the Notes or of a series of the Notes shall be determined by the Treasurer pursuant to written order, but shall not be later than two years after the date of issue. Later maturities of the Notes shall be on the first anniversary of the preceding maturity or on such earlier date as the Treasurer may specify by written order. The Notes shall be structured with the number of maturities determined by the Treasurer to be necessary or appropriate, and the last maturity shall be scheduled for no later than the fourth anniversary of the date of issue. The amount of each maturity shall be set by the Treasurer when the amount of Delinquent Taxes is determined by the Treasurer or when a reliable estimate of the Delinquent Taxes is available to the Treasurer. In determining the exact amount of each maturity the Treasurer shall consider the schedule of delinquent tax collections prepared for the tax years ending December 31, 2004, and the corollary schedule setting forth the anticipated rate of collection of those Delinquent Taxes which are pledged to the repayment of the Notes. The amount of each maturity and the scheduled maturity dates of the Notes shall be established to take into account the dates on which the Treasurer reasonably anticipates the collection of such Delinquent Taxes and shall allow for no more than a 10% variance between the debt service payable on each maturity date, the Notes, and the anticipated amount of pledged monies available on such maturity date to make payment of such debt service.
127 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
(b) Alternatively, the Notes or a series of the Notes may be structured with a single stated maturity falling not later than the fourth anniversary of the date of issue. Notes issued under this subsection (b) shall be subject to redemption on such terms consistent with Section 209 as shall be ordered by the Treasurer, but in no event shall such Notes be subject to redemption less frequently than annually.
204. Interest Rate and Date of Record.
(a) Except as otherwise provided in this paragraph, Notes issued pursuant to subsection (a) of Section 203 shall bear interest payable semi-annually, with the first interest payment to be payable (i) on the first date, after issuance, corresponding to the day and month on which the maturity of such Notes falls, or (ii) if the Treasurer so orders, six months before such date. In the event (i) any maturity of the Notes arises either less than six months before the succeeding maturity date or less than six months after the preceding maturity date and (ii) the Treasurer so orders in writing, interest on the Notes shall be payable on such succeeding or preceding maturity date. Subject to the following sentence, Notes issued pursuant to subsection (b) of Section 203 shall, pursuant to written order of the Treasurer, bear interest monthly, quarterly, or semiannually, as provided by written order of the Treasurer. If Notes issued under this Article II are sold with a variable rate feature as provided in Article IV, such Notes may, pursuant to written order of the Treasurer, bear interest weekly, monthly, quarterly or on any put date, or any combination of the foregoing, as provided by written order of the Treasurer.
(b) Interest shall not exceed the maximum rate permitted by law.
(c) Interest shall be mailed by first class mail to the registered owner of each Note as of the applicable date of record, provided, however, that the Treasurer may agree with the Registrar (as defined below) on a different method of payment.
(d) Subject to Section 403 in the case of variable rate Notes, the date of record shall be not fewer than 14 nor more than 31 days before the date of payment, as designated by the Treasurer prior to the sale of the Notes.
205. Note Form. The form of Note shall be consistent with the prescriptions of this Resolution and shall reflect all material terms of the Notes. Unless the Treasurer shall by written order specify the contrary, the Notes shall be issued in fully registered form both as to principal and interest, regrettable upon the books of a note registrar (the "Registrar") to be named by the Treasurer. If the Notes are issued in bearer form the Treasurer shall appoint a paying agent (the "Paying Agent"). (The Registrar or Paying Agent so named may be any bank or trust company or other entity, including the County, offering the necessary services pertaining to the registration and transfer of negotiable securities.)
206. Denominations and Numbers. The Notes shall be issued in one or more denomination or denominations of $1,000 each or any integral multiple of $1,000 in excess of $1,000, as determined by the Treasurer. Notwithstanding the foregoing, however, in the event the Notes are deposited under a book entry depository trust arrangement pursuant to Section 208, the Notes shall, if required by the depository trustee, be issued in denominations of $5,000 each or any integral multiple of $5,000. The Notes shall be numbered from one upwards, regardless of maturity, in such order as the Registrar shall determine.
207. Transfer or Exchange of Notes.
(a) Notes issued in registered form shall be transferable on a note register maintained with respect to the Notes upon surrender of the transferred Note, together with an assignment executed by the registered owner or his or her duly authorized attorney-in-fact in form satisfactory to the Registrar. Upon receipt of a properly assigned Note, the Registrar shall authenticate and deliver a new Note or Notes in equal aggregate principal amount and like interest rate and maturity to the designated transferee or transferees.
(b) Notes may likewise be exchanged for one or more other Notes with the same interest rate and maturity in authorized denominations aggregating the same principal amount as the Note or Notes being
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exchanged, upon surrender of the Note or Notes and the submission of written instructions to the Registrar or, in the case of bearer Notes, to the Paying Agent. Upon receipt of a Note with proper written instructions the
Registrar or Paying Agent shall authenticate and deliver a new Note or Notes to the owner thereof or to the owner's attorney-in-fact.
(c) Any service charge made by the Registrar or Paying Agent for any such registration, transfer or exchange shall be paid for by the County as an expense of borrowing, unless otherwise agreed by the Treasurer and the Registrar or Paying Agent. The Registrar or Paying Agent may, however, require payment by a knotholes of a sum sufficient to cover any tax or other governmental charge payable in connection with any such registration, transfer or exchange.
208. Book Entry Depository Trust. At the option of the Treasurer, and notwithstanding any contrary provision of Section 212, the Notes may be deposited, in whole or in part, with a depository trustee designated by the Treasurer who shall transfer ownership of interests in the Notes by book entry and who shall issue depository trust receipts or acknowledgments to owners of interests in the Notes. Such book entry depository trust arrangement, and the form of depository trust receipts or acknowledgments, shall be as determined by the Treasurer after consultation with the depository trustee. The Treasurer is authorized to enter into any depository trust agreement on behalf of the County upon such terms and conditions as the Treasurer shall deem appropriate and not otherwise prohibited by the terms of this Resolution. The depository trustee may be the same as the Registrar otherwise named by the Treasurer, and the Notes may be transferred in part by depository trust and in part by transfer of physical certificates as the Treasurer may determine.
209. Redemption.
(a) Subject to the authority granted the Treasurer pursuant to subsection (c) of this Section (in the case of fixed rate Notes) and to the authority granted the Treasurer pursuant to Section 404 (in the case of variable rate Notes), the Notes or any maturity or maturities of the Notes shall be subject to redemption prior to maturity on the terms set forth in subsection (b) below.
(b) Notes scheduled to mature after the first date on which any Notes of the series are scheduled to mature shall be subject to redemption, in inverse order of maturity, on each interest payment date arising after the date of issue.
(c) If the Treasurer shall determine such action necessary to enhance the marketability of the Notes or to reduce the interest rate to be offered by prospective purchasers on any maturity of the Notes, the Treasurer may, by written order prior to the issuance of such Notes, (i) designate some or all of the Notes as non-callable, regardless of their maturity date, and/or (ii) delay the first date on which the redemption of callable Notes would otherwise be authorized under subsection (b) above.
(d) Notes of any maturity subject to redemption may be redeemed before their scheduled maturity date, in whole or in part, on any permitted redemption date or dates, subject to the written order of the Treasurer. Notes called for redemption shall be redeemed at par, plus accrued interest to the redemption date, plus, if the Treasurer so orders, a premium of not more than 1%. Redemption may be made by lot or pro rata, as shall be determined by the Treasurer.
(e) With respect to partial redemptions, any portion of a Note outstanding in a denomination larger than the minimum authorized denomination may be redeemed, provided such portion as well as the amount not being redeemed constitute authorized denominations. In the event less than the entire principal amount of a Note is called for redemption, the Registrar or Paying Agent shall, upon surrender of the Note by the owner thereof, authenticate and deliver to the owner a new Note in the principal amount of the principal portion not redeemed.
(f) Notice of redemption shall be by first class mail 30 days prior to the date fixed for redemption, or such shorter time prior to the date fixed for redemption as may be consented to by the holders of all outstanding Notes to be called for redemption. Such notice shall fix the date of record with respect to the
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redemption if different than otherwise provided in this Resolution. Any defect in any notice shall not affect the validity of the redemption proceedings. Notes so called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with a paying agent to redeem the same.
210. Discount. At the option of the Treasurer, the Notes may be offered for sale at a discount not to exceed 2%.
211. Public or Private Sale. The Treasurer may, at the Treasurer's option, conduct a public sale of the Notes after which sale the Treasurer shall either award the Notes to the lowest bidder or reject all bids. The conditions of sale shall be as specified in a published Notice of Sale prepared by the Treasurer announcing the principal terms of the Notes and the offering. Alternatively, the Treasurer may, at the Treasurer's option, negotiate a private sale of the Notes as provided in Act 206. If required by law, or if otherwise determined by the Treasurer to be in the best interest of the County, (a) the Notes shall be rated by a national rating agency selected by the Treasurer, (b) a good faith deposit shall be required of the winning bidder, and/or (c) CUSP numbers shall be assigned to the Notes. If a public sale is conducted or if otherwise required by law or the purchaser of the Notes, the Treasurer shall prepare or cause to be prepared and disseminated an offering memorandum or official statement containing all material terms of the offer and sale of the Notes. Pursuant to any sale of the Notes, the County shall make such filings, shall solicit such information and shall obtain such governmental approvals as shall be required pursuant to any state or federal law respecting back-up income tax withholding, securities regulation, original issue discount or other regulated matter.
212. Execution and Delivery. The Treasurer is authorized and directed to execute the Notes on behalf of the County by manual or facsimile signature, provided that if the facsimile signature is used the Notes shall be authenticated by the Registrar or any tender agent as may be appointed pursuant to Section 801(c). The Notes shall be sealed with the County seal or imprinted with a facsimile of such seal. The Treasurer is authorized and directed to then deliver the Notes to the purchaser thereof upon receipt of the purchase price. The Notes shall be delivered at the expense of the County in such city or cities as may be designated by the Treasurer.
213. Renewal, Refunding or Advance Refunding Notes. If at any time it appears to be in the best interests of the County, the Treasurer, by written order, may authorize the issuance of renewal, refunding or advance refunding Notes. The terms of such Notes, and the procedures incidental to their issuance, shall be set subject to Section 309 and, in appropriate cases, Article X.
III. SHORT TERM RENEWABLE NOTES
301. Authority. At the option of the Treasurer, exercisable by written order, Notes may be issued in accordance with this Article III. All references to "Notes" in Article III refer only to Notes issued pursuant to Article III, unless otherwise specified.
302. Date and Maturity. The Notes shall be dated as of their date of issuance or any prior date selected by the Treasurer, and each issuance thereof shall mature on such date or dates not exceeding one year from the date of their issuance as may be specified by written order of the Treasurer.
303. Interest and Date of Record. The Notes shall bear interest payable at maturity at such rate or rates as may be determined by the Treasurer not exceeding the maximum rate of interest permitted by law on the date the Notes are issued. The date of record shall be not fewer than two nor more than 31 days before the date of payment, as designated by the Treasurer prior to the sale of the Notes.
304. Note Form. The form of Note shall be consistent with the prescriptions of this Resolution and shall reflect all material terms of the Notes. The Notes shall, in the discretion of the Treasurer and consistent with Section 205, either be payable to bearer or be issued in registered form. If issued in registered form, the Notes may be constituted as book-entry securities consistent with Section 208, notwithstanding any contrary provision of Section 308.
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305. Denomination and Numbers. The Notes shall be issued in one or more denomination or denominations, as determined by the Treasurer. The Notes shall be numbered from one upwards in such order as the Treasurer determines.
306. Redemption. The Notes shall not be subject to redemption prior to maturity.
307. Sale of Notes. The authority and obligations of the Treasurer set forth in Sections 210 and 211 respecting Fixed Maturity Notes shall apply also to Notes issued under Article III.
308. Execution and Delivery. The authority and obligations of the Treasurer set forth in Section 212 respecting Fixed Maturity Notes shall also apply to Notes issued under Article III.
309. Renewal or Refunding Notes.
(a) The Treasurer may by written order authorize the issuance of renewal or refunding Notes (collectively the "Renewal Notes"). Renewal Notes shall be sold on the maturity date of, and the proceeds applied to the payment of debt service on, the Notes to be renewed. The maturities and repayment terms of the Renewal Notes shall be set by written order of the Treasurer.
(b) In the order authorizing Renewal Notes, the Treasurer shall specify whether the Notes shall be issued in accordance with this Article III, in which event the provisions of Article III shall govern the issuance of the Notes, or whether the Notes shall be issued in accordance with Article II, in which event the provisions of Article II shall govern the issuance of the Notes. The order shall also provide for and shall also govern with respect to: (i) the aggregate amount of the Renewal Notes;
(ii) the date of the Renewal Notes;
(iii) the denominations of the Renewal Notes;
(iv) the interest payment dates of the Renewal Notes;
(v) the maturity or maturities of the Renewal Notes;
(vi) the terms of sale of the Renewal Notes;
(vii) whether any Renewal Notes issued in accordance with Article II shall be subject to redemption and, if so, the terms thereof; and
(viii) any other terms of the Renewal Notes consistent with, but not specified in, Article II or Article III.
(c) Regardless of whether Renewal Notes need be approved by prior order of the Department of Treasury, the Treasurer, pursuant to Section 89(5)(d) of Act 206, shall promptly report to the Department of Treasury the issuance of any Renewal Notes.
IV. VARIABLE INTEREST RATE
401. Variable Rate Option. At the option of the Treasurer, exercisable by written order, the Notes, whether issued pursuant to Article II or Article III, may be issued with a variable interest rate, provided that the rate shall not exceed the maximum rate of interest permitted by law. 402. Determination of Rate. The order of the Treasurer shall provide how often the variable interest rate shall be subject to recalculation, the formula or procedure for determining the variable interest rate, whether and on what terms the rate shall be determined by a remarketing agent in the case of demand obligations consistent with Section 801(d), and whether and on what terms a fixed rate of interest may be converted to or 131 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
from a variable rate of interest. Such formula or procedure shall be as determined by the Treasurer, but shall track or float within a specified percentage band around the rates generated by any one or more of the following indices:
(i) Publicly reported prices or yields of obligations of the United States of America;
(ii) An index of municipal obligations periodically reported by a nationally recognized source;
(iii) The prime lending rate from time to time set by any bank or trust company in the United States with unimpaired capital and surplus exceeding $40,000,000;
(iv) Any other rate or index that may be designated by order of the Treasurer provided such rate or index is set or reported by a source which is independent of and not controlled by the Treasurer or the County.
The procedure for determining the variable rate may involve one or more of the above indices as alternatives or may involve the setting of the rate by a municipal bond specialist provided such rate shall be within a stated percentage range of one or more of the indices set forth above.
403. Date of Record. The Date of Record shall be not fewer than one nor more than 31 days before the date of payment, as designated by written order of the Treasurer.
404. Redemption. Notwithstanding any contrary provision of subsections (b) and (c) of Section 209, but subject to the last sentence of this Section 404, Notes bearing interest at a variable rate may be subject to redemption by the County and/or put by the holder at any time or times and in any order, as may be determined pursuant to written order of the Treasurer. Notes shall not be subject to redemption more frequently than monthly.
405. Remarketing, Repurchase and Resale.
(a) In the event Notes issued under this Article IV are constituted as demand obligations, the interest rate on the Notes shall be governed by, and shall be subject to, remarketing by a remarketing agent appointed in accordance with Section 801(c), under the terms of a put agreement employed in accordance with Section 801(d).
(b) The County shall be authorized, consistent with Act 206 and pursuant to order of the Treasurer, to participate in the repurchase and resale of Notes in order to reduce the cost of, or increase the revenue, attendant to the establishment of the Revolving Fund and the issuance and discharge of the Notes. Any purchase of Notes pursuant to this subsection (b) shall be made with unpledged monies drawn from revolving funds established by the County in connection with retired general obligation limited tax notes.
V. MULTIPLE SERIES
501. Issuance of Multiple Series. At the option of the Treasurer, exercisable by written order, the Notes issued under Articles II, Article III or Article X may be issued in two or more individually designated series. Each series shall bear its own rate of interest, which may be fixed or variable in accordance with Article IV. Various series need not be issued at the same time and may be issued from time to time in the discretion of the Treasurer exercisable by written order. In determining the dates of issuance of the respective series, the Treasurer shall consider, among other pertinent factors, the impact the dates selected may have on the marketability, rating and/or qualification for credit support or liquidity support for, or insurance of, the Notes. The Notes of each such series shall be issued according to this Resolution in all respects (and the term "Notes" shall be deemed to include each series of Notes throughout this Resolution), provided that:
(a) The aggregate principal amount of the Notes of all series shall not exceed the maximum aggregate amount permitted under Section 103;
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(b) Each series shall be issued pursuant to Article II or Article III, and different series may be issued pursuant to different Articles;
(c) Each series shall be issued pursuant to Section 502 or Section 503, and different series may be issued pursuant to different Sections;
(d) A series may be issued under Article II for one, two, or three of the annual maturities set forth in Article II with the balance of the annual maturities being issued under Article II or under Article III in one or more other series, provided that the minimum annual maturities set forth in Section 203 shall be reduced and applied pro rata to all Notes so issued; and
(e) The Notes of all series issued pursuant to Article II above shall not, in aggregate, mature in amounts or on dates exceeding the maximum authorized maturities set forth in Section 203.
502. Series Secured Pari Passu. If the Notes are issued in multiple series pursuant to this Article V, each series of Notes may, by written order of the Treasurer, be secured pari passu with the other by the security described in and the amounts pledged by Article VII below. Moreover, such security may, pursuant to further written order of the Treasurer, be segregated in accordance with the following provisions.
(a) The Treasurer may by written order establish separate sub-accounts in the County's 2005 Note Reserve Account for each series of Notes, into which shall be deposited the amount borrowed for the Note Reserve Account for each such series.
(b) The Treasurer may by written order establish separate sub-accounts in the County's 2005 Note Payment Account for each series of Notes, and all amounts deposited in the Note Payment Account shall be allocated to the sub-accounts.
(c)(i) In the event separate sub-accounts are established pursuant to subsection (b) above, and subject to Paragraph (ii) below, the percentage of deposits to the County's 2005 Note Payment Account allocated to each sub-account may be set equal to the percentage that Notes issued in the corresponding series bears to all Notes issued under this Resolution or to any other percentage designated by the Treasurer pursuant to written order; provided that if the various series are issued at different times or if the various series are structured with different maturity dates, (I) sums deposited in the Note Payment Account prior to the issuance of one or more series may upon the issuance of each such series be reallocated among the various sub-accounts established under Subsection (b) above to achieve a balance among the sub-accounts proportionate to the designated percentage allocation, and/or (II) deposits to the Note Payment Account may be allocated among the sub-accounts according to the total amount of debt service that will actually be paid from the respective sub- accounts.
(ii) Alternatively, the Treasurer may, by written order, rank the sub-accounts established under Subsection (b) above in order of priority, and specify that each such sub-account shall receive deposits only after all sub-accounts having a higher priority have received deposits sufficient to discharge all (or any specified percentage of) Notes whose series corresponds to any of the sub-accounts having priority.
(d) In the absence of a written order of the Treasurer to the contrary, the amounts in each sub-account established pursuant to this Section 502 shall secure only the Notes issued in the series for which such sub-account was established, until such Notes and interest on such Notes are paid in full, after which the amounts in such sub-account may, pursuant to written order of the Treasurer, be added pro rata to the amounts in the other sub-accounts and thereafter used as part of such other sub-accounts to secure all Notes and interest on such Notes for which such other sub-accounts were created, until paid in full. Alternatively, amounts held in two or more sub-accounts within either the Note Reserve Account or the Note Payment Account may be commingled, and if commingled shall be held pari passu for the benefit of the holders of each series of Notes pertaining to the relevant sub-accounts.
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503. Series Independently Secured. If the Notes are issued in multiple series pursuant to this Article V, each series of Notes may, by written order of the Treasurer, be independently secured in accordance with this Section 503. (a) Each series of Notes shall pertain to one or more taxing units, as designated by the Treasurer pursuant to written order, and no two series of Notes shall pertain to the same taxing unit. A school district, intermediate school district, or community college district extending beyond the boundaries of a city in which it is located may, pursuant to written order of the Treasurer, be subdivided along the boundaries of one or more cities and each such subdivision shall be deemed a taxing unit for purposes of this Section 503.
(b) Separate sub-accounts shall be established in the County's 2005 Tax Payment Account. Each sub-account shall receive the proceeds of one and only one series of Notes, and amounts shall be disbursed from the sub-account to only those taxing units designated as being in that series.
(c) In the event Notes are issued for deposit into the Project Account established under Section 701, separate sub-accounts shall be established in the Project Account. Each sub-account shall receive the proceeds of one and only one series of Notes, and amounts shall be disbursed from the sub-account only to accounts, sub-accounts and/or taxing units designated as being in the series corresponding to the sub-account from which disbursement is being made.
(d) A separate sub-account shall be established in the County's 2005 Note Reserve Account for each series of Notes, into which shall be deposited the amount determined by the Treasurer under Section 103 or Section 703 with respect to the series. Each sub-account shall secure one and only one series.
(e) A separate sub-account shall be established in the County's 2005 Note Payment Account for each series of Notes. Each sub-account shall be allocated only those amounts described in Section 704 which pertain to the taxing units included in the series corresponding to the sub-account. Chargebacks received from a taxing unit pursuant to Section 905 shall be deposited in the sub-account corresponding to the series in which the taxing unit is included. Amounts held in each sub-account shall secure the debt represented by only those Notes included in the series corresponding to the sub-account, and disbursements from each sub-account may be applied toward the payment of only those Notes included in the series corresponding to the sub-account.
(f) The amounts in each sub-account established pursuant to this Section 503 shall secure only the Notes issued in the series for which such sub-account was established until such Notes and interest on such Notes are paid in full, after which any amounts remaining in such sub-account shall accrue to the County and shall no longer be pledged toward payment of the Notes.
VI. TAXABILITY OF INTEREST
601. Federal Tax. The County acknowledges that the current state of Federal law mandates that the Notes be structured as taxable obligations. Consequently, the Notes shall, subject to Article X, be issued as obligations the interest on which is not excluded from gross income for purposes of Federal income tax.
602. State of Michigan Tax. Consistent with the treatment accorded all obligations issued pursuant to Act 206, interest on the Notes shall be exempt from the imposition of the State of Michigan income tax and the State of Michigan single business tax, and the Notes shall not be subject to the State of Michigan intangibles tax.
603. Change in Federal Tax Status. In the event there is a change in the Federal tax law or regulations, or a ruling by the U.S. Department of Treasury or Internal Revenue Service establishes that the Notes may be issued as exempt from Federal income taxes or a change in Michigan law causes the Notes in the opinion of counsel to be exempt from federal income taxes, the Notes may be so issued.
VII. FUNDS AND SECURITY
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701. Delinquent Tax Project Account. If the Notes are issued and sold before the Treasurer has received certification from the taxing units of the amount of the Delinquent Taxes and if such certification is not reasonably anticipated in time to allow distribution of the proceeds of the Notes within 20 days after the date of issue, a 2005 Delinquent Tax Project Account (the "Project Account") shall be established by the Treasurer as a separate and distinct fund of the County within its general fund. The Project Account shall receive all proceeds from the sale of the Notes, including any premium or accrued interest received at the time of sale. The Project Account shall be held in trust by an escrow agent until the monies therein are disbursed in accordance with this Article VII. The escrow agent shall be a commercial bank, shall be located in Michigan, shall have authority to exercise trust powers, and shall have a net worth in excess of $25,000,000. The form and content of the agreement between the County and the escrow agent shall be approved by the Treasurer. Subject to the following sentence, monies deposited in the Project Account shall be expended only (i) for the purpose of funding the Tax Payment Account established under Section 702 and (ii) to the extent permitted by Act 206, for the purpose of paying the expenses of the offering of the Notes. In the event the Treasurer by written order so directs, additional funding of the Project Account may be undertaken, and any surplus proceeds remaining in the Project Account after the Treasurer has completed the funding of the Tax Payment Account may be transferred to either the 2005 Note Reserve Account created under Section 703 or the 2005 Note Payment Account created under Section 704. Monies in the Project Account may be disbursed by the escrow agent to the County's 2005 Tax Payment Account at any time and from time to time, upon receipt of a written requisition signed by the Treasurer.
702. 2005 Tax Payment Account. The County's 2005 Tax Payment Account (the "Tax Payment Account") is hereby established as a distinct account within the Revolving Fund. The Treasurer shall designate all or a portion of the proceeds of the Notes, not to exceed the amount of Delinquent Taxes, for deposit in the Tax Payment Account. If, however, the proceeds of the Notes are initially deposited in the Project Account pursuant to Section 701, the Treasurer is instead authorized and directed to transfer monies included in the Project Account in accordance with the procedures set forth in Section 701. The County shall apply the monies in the Tax Payment Account to the payment of the Delinquent Taxes or expenses of the borrowing in accordance with Act 206. The allocation of monies from the Tax Payment Account may be made pursuant to a single, comprehensive disbursement or may instead be made from time to time, within the time constraints of Act 206, to particular taxing units as monies are paid into the Tax Payment Account, such that the source of the monies (whether from the County's own funds, from the proceeds of a tax exempt borrowing or from the proceeds of a taxable borrowing) may be traced to the particular taxing unit receiving the funds. Moreover, and regardless of whether multiple series of Notes are issued, the Tax Payment Account may be divided into separate sub-accounts in order to allow the Treasurer to designate which taxing units shall receive borrowed funds and which shall receive funds otherwise contributed by the County.
703. 2005 Note Reserve Account. In the event funding is provided as described in this Section 703, the Treasurer shall establish a 2005 Note Reserve Account (the "Note Reserve Account") as a distinct account within the Revolving Fund. After depositing all of the monies to fund the Tax Payment Account pursuant to Section 702, the Treasurer shall next transfer to the Note Reserve Account, either from the Project Account or directly from the proceeds of Notes, any proceeds remaining from the initial issuance of the Notes. In addition, the Treasurer may transfer unpledged monies from other County sources to the Note Reserve Account in an amount which, when added to any other amounts to be deposited in the Note Reserve Account, does not exceed the amount reasonably required for the Notes secured by the Reserve Account or, if less, 20% of the total amount of the Notes secured by the Reserve Account. Except as provided below, all monies in the Note Reserve Account shall be used solely for payment of principal of, premium, if any, and interest on the Notes to the extent that monies required for such payment are not available in the County's 2005 Note Payment Account. Monies in the Note Reserve Account shall be withdrawn first for payment of principal of, premium, if any, and interest on the Notes before County general funds are used to make the payments. All income or interest earned by, or increment to, the Note Reserve Account due to its investment or reinvestment shall be deposited in the Note Reserve Account. When the Note Reserve Account is sufficient to retire the Notes and accrued interest thereon, the Treasurer may order that the Note Reserve Account be used to purchase the Notes on the market, or, if the Notes are not available, to retire the Notes when due. If so ordered by the Treasurer, all or any specified portion of the Note Reserve Account may be applied toward the redemption of any Notes designated for redemption in accordance with Section 209.
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704. 2005 Note Payment Account.
(a) The County's 2005 Note Payment Account is hereby established as a distinct account within the Revolving Fund. (The County's 2005 Note Payment Account, as supplemented by monies held in any interim account that are designated for transfer to the 2005 Note Payment Account, is herein referred to as the "Note Payment Account".) The Treasurer is directed to deposit into the Note Payment Account, promptly on receipt, those amounts described below in Paragraphs (i), (ii), (iv), and (v) that are not excluded pursuant to Subsection (c) below.
Furthermore, the Treasurer may, by written order, deposit into the Note Payment Account all or any portion of the amounts described below in Paragraph (iii).
(i) All Delinquent Taxes.
(ii) All statutory interest on the Delinquent Taxes.
(iii) All property tax administration fees on the Delinquent Taxes, net of any amounts applied toward the expenses of this borrowing.
(iv) Any amounts which are received by the Treasurer from the taxing units within the County because of the unacceptability of the Delinquent Taxes.
(v) Any amounts remaining in the Project Account after the transfers to the Tax Payment Account and Note Reserve Account have been made as specified in Sections 702 and 703.
(b) Monies in the Note Payment Account shall be used by the County to pay principal of, premium, if any, and interest on the Notes as the same become due and payable.
(c)(i) The Treasurer may by written order provide that only a portion of the sums described above in Subsection (a) shall be deposited into the Note Payment Account and applied toward the payment of debt service on the Notes, in which event those sums which are withheld from the Note Payment Account shall be deposited into the Tax Payment Account or, pursuant to further order of the Treasurer, applied toward any other purpose consistent with Act 206. The portion of any sums described in Subsection (a) which are withheld from the Note Payment Account pursuant to this Subsection shall be determined in accordance with the following Paragraph.
(ii) Prior to the issuance of the Notes, the Treasurer may by written order specify a cut-off date not earlier than March 1, 2005, and only those sums payable to the Note Payment Account and received by the County after the cut-off date shall be applied to the Note Payment Account.
(d) The Treasurer may by written order provide that at such time as sufficient funds shall have been deposited into the Note Payment Account to pay all remaining amounts owed under the Notes the pledge on any additional monies otherwise payable to the Note Payment Account shall be discharged and such monies shall not be deposited into the Note Payment Account or otherwise pledged toward payment of the Notes.
(e) The Treasurer may by written order provide that in the event Notes are issued pursuant to Article III, amounts which would otherwise be included in the Note Payment Account or the Note Reserve Account (or any sub-account therein for a particular series of Notes) shall not include any amounts received by the County prior to the latest maturity date of any series of Notes previously issued under Article II and/or Article III.
705. Limited Tax General Obligation and Pledge.
(a) The Notes shall be the general obligation of the County, backed by the County's full faith and credit, the County's tax obligation (within applicable constitutional and statutory limits) and the County's
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general funds. The County budget shall provide that if the pledged monies are not collected in sufficient amounts to meet the payments of the principal and interest due on the Notes, the County, before paying any other budgeted amounts, shall promptly advance from its general funds sufficient monies to pay such principal and interest.
(b) In addition, the monies listed below are pledged to the repayment of the Notes and, subject to Section 901, shall be used solely for repayment of the Notes until the principal of, premium, if any, and interest on the Notes are paid in full:
(i) All amounts deposited or earned in any Project Account, until disbursed in accordance with Section 701;
(ii) All net proceeds from the sale of the Notes deposited or earned in the Tax Payment Account, until disbursed in accordance with Section 702;
(iii) All amounts deposited in the Note Payment Account pursuant to Section 704(a);
(iv) All amounts deposited in the Note Reserve Account;
(v) All amounts earned from the investment of monies held in the Note Payment Account or the Note Reserve Account; and
(vi) Any supplemental monies placed in the Note Payment Account and drawn in the discretion of the Treasurer from unpledged sums in the revolving funds which pledge shall be subject to such limitations or exceptions as shall be set forth in the written order of the Treasurer. (c) If the Notes shall be issued in various series pursuant to Article V, this pledge shall in the case of any independently secured series extend only to monies in accounts or sub-accounts pertaining to the particular series.
(d) If the amounts so pledged are not sufficient to pay the principal and interest when due, the County shall pay the same from its general funds or other available sources. Pursuant to written order of the Treasurer, the County may later reimburse itself for such payments from the Delinquent Taxes collected.
706. Security for Renewal, Refunding or Advance Refunding Notes. Renewal, refunding, or advance refunding Notes shall be secured by all or any portion of the same security securing the Notes being renewed, refunded or advance refunded. The monies pledged in Section 705 for the repayment of the Notes are also pledged for the repayment of the principal of, premium, if any, and interest on any renewal, refunding, or advance refunding Notes issued pursuant to this Resolution, and any such renewal, refunding, or advance refunding Notes shall be the general obligation of the County, backed by its full faith and credit, which shall include the tax obligation of the County, within applicable constitutional and statutory limits.
707. Use of Funds after Full Payment or Provision for Payment. After all principal of, premium, if any, and interest on the Notes have been paid in full or provision made therefor by investments of pledged amounts in direct noncallable obligations of the United States of America in amounts and with maturities sufficient to pay all such principal, premium, if any, and interest when due, any further collection of Delinquent Taxes and all excess monies in any fund or account of the Revolving Fund, and any interest or income on any such amounts, may, pursuant to written order of the Treasurer and subject to Article V, be used for any proper purpose within the Revolving Fund including the securing of subsequent issues of notes.
VIII. SUPPLEMENTAL AGREEMENTS
801. Supplemental Agreements and Documents. The Treasurer, on behalf of the County, is authorized to enter into any or all of the following agreements or commitments as may, in the Treasurer's discretion, be necessary, desirable or beneficial in connection with the issuance of the Notes, upon such terms and conditions as the Treasurer may determine appropriate:
137 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
(a) A letter of credit, line of credit, repurchase agreement, note insurance, or similar instrument, providing backup liquidity and/or credit support for the Notes;
(b) A reimbursement agreement, revolving credit agreement, revolving credit note, or similar instrument, setting forth repayments of and security for amounts drawn under the letter of credit, line of credit, repurchase agreement or similar instrument;
(c) A marketing, remarketing, placement, authenticating, paying or tender agent agreement or dealer agreement designating a marketing, remarketing, authenticating, paying, tender or placement agent or dealer and prescribing the duties of such person or persons with respect to the Notes; and
(d) A put agreement or provision allowing the purchaser of the Notes to require the County to repurchase the Notes upon demand at such times as may be provided in such put agreement or provision.
(e) An agreement to use amounts formerly pledged to other years borrowings as security for the Notes when no longer so pledged.
802. Revolving Credit Notes. If the Treasurer enters into a revolving credit agreement (the "Agreement") pursuant to Section 801 above, the Agreement may call for the issuance of one or more revolving credit notes (the "Revolving Credit Notes") for the purpose of renewing all or part of maturing Notes or Notes that have been put pursuant to a put agreement or provision. Such Revolving Credit Notes shall be issued pursuant to Article II or III, as appropriate, and in accordance with the following provisions:
(a) Interest on the Revolving Credit Notes may be payable on maturity, on prior redemption, monthly, bimonthly, quarterly, or as otherwise provided in the Agreement.
(b) The Revolving Credit Notes may mature on one or more date or dates not later than the final maturity date of the Notes, as provided in the Agreement.
(c) The Treasurer may, at the time of the original issuance of the Notes, execute and deliver one Revolving Credit Note in a maximum principal amount not exceeding the lending commitment under the Agreement from time to time in force (and may substitute one such Note in a lesser principal amount for another in the event the lending commitment is reduced), provided that a schedule shall be attached to such Note on which loans and repayments of principal and interest are evidenced and further provided that the making of a loan and the evidencing of such loan on the schedule of any such Note shall constitute the issuance of a renewal Note for the purposes of this Resolution.
IX. MISCELLANEOUS PROVISIONS
901. Expenses. Expenses incurred in connection with the Notes shall be paid from the property tax administration fees collected on the Delinquent Taxes and, if so ordered by the Treasurer, from any earnings on the proceeds of the offering or from other monies available to the County.
902. Bond Counsel. The Notes (and any renewal, refunding or advance refunding Notes) shall be delivered with the unqualified opinion of Axe & Ecklund, P.C., attorneys of Grosse Pointe Farms, Michigan, bond counsel chosen by the Treasurer, which selection may, at the option of the Treasurer, be for one or more years.
903. Financial Consultants. Stauder, BARCH & ASSOCIATES, Inc., Ann Arbor, Michigan, is hereby retained to act as financial consultant and advisor to the County in connection with the sale and delivery of the Notes.
904. Complete Records. The Treasurer shall keep full and complete records of all deposits to and withdrawals from each of the funds and accounts in the Revolving Fund and any account or sub-account created 138 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
pursuant to this Resolution and of all other transactions relating to such funds, accounts and sub-accounts, including investments of money in, and gain derived from, such funds and accounts.
905. Chargebacks. If, by the date which is three months prior to the final maturity date of the Notes, sufficient monies are not on deposit in the Note Payment Account and the Note Reserve Account to pay all principal of and interest on the Notes when due, Delinquent Taxes not then paid or recovered at or prior to the latest tax sale transacted two or more months before the final maturity of the Notes shall, if necessary to ensure full and timely payment on the date of final maturity, be charged back to the local units in such fashion as the Treasurer may determine, and, subject to Article V, the proceeds of such chargebacks shall be deposited into the County's 2005 Note Payment Account no later than five weeks prior to the final maturity of the Notes. This Section 905 shall not be construed to limit the authority of the Treasurer under State law to charge back under other circumstances or at other times.
906. Investments. The Treasurer is authorized to invest all monies in the Project Account, in the Revolving Fund or in any account or sub-account therein which is established pursuant to this Resolution in any one or more of the investments authorized as lawful investments for counties under Act No. 20, Public Acts of 1943, as amended. The Treasurer is further authorized to enter into a contract on behalf of the County under the Surplus Funds Investment Pool Act, Act No. 367, Michigan Public Acts of 1982, as amended, and to invest in any investment pool created thereby monies held in the Project Account, in the Revolving Fund, or in any account or sub-account therein which is established pursuant to this Resolution.
907. Mutilated, Lost, Stolen or Destroyed Notes. In the event any Note is mutilated, lost, stolen, or destroyed, the Treasurer may, on behalf of the County, execute and deliver, or order the Registrar or Paying Agent to authenticate and deliver, a new Note having a number not then outstanding, of like date, maturity and denomination as that mutilated, lost, stolen or destroyed. In the case of a mutilated Note, a replacement Note shall not be delivered unless and until such mutilated Note is surrendered to the Treasurer or the Registrar or Paying Agent. In the case of a lost, stolen, or destroyed Note, a replacement Note shall not be delivered unless and until the Treasurer and the Registrar or Paying Agent shall have received such proof of ownership and loss and indemnity as they determine to be sufficient.
ARTICLE X. TAX-EXEMPT NOTES OR REFUNDING
1001. Refunding of Taxable Debt or Issuance of Tax-Exempt Debt. The County acknowledges that the current state of Federal law precludes the issuance of the Notes as obligations the interest on which is exempt from Federal income tax. However, the County presently contemplates either that anticipated amendments to the Internal Revenue Code of 1986 (the "Code") and/or the Treasury Regulations issued thereunder (the "Regulations") or a change in Michigan law changing the character of the Notes may in the future permit the issuance of general obligation limited tax notes on a tax-exempt basis, and, in view of this expectation, the County, through the offices of the Treasurer, shall issue tax-exempt notes or issue obligations to refund any or all outstanding Notes issued as taxable obligations, at the time, on the terms, and to the extent set forth in this Article X.
1002. Timing of Refunding. The aforementioned refunding obligations (the "Refunding Notes") shall be issued after the effective date of any change in the Code, Regulations, Internal Revenue Service pronouncements or judicial rulings which, as confirmed by the written opinion of bond counsel, permit the refunding of all or some of the outstanding Notes with proceeds from obligations the interest on which is excluded from gross income for purposes of Federal income tax.
1003. Extent of Refunding. Subject to the other provisions of this Section 1003, the Refunding Notes shall refund all Notes outstanding at or after the effective date of any change in the law described in Section 1002. This Section 1003 shall not, however, be construed to require the refunding of any Note prior to the time such Note may be refunded on a tax-exempt basis, nor shall this Section 1003 be construed to require the refunding of any Note, if that refunding would result in greater cost to the County (including interest expense, professional fees and administrative outlays) than would arise if the Note were to remain outstanding.
139 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
1004. Confirmatory Action. Subsequent to any change in the law described in Section 1002, the Board shall convene to consider any terms of the Refunding Notes requiring specific ratification by the Board.
1005. Arbitrary Covenant and Tax Law Compliance. In the event tax-exempt Notes or Refunding Notes are issued pursuant to this Article X, the following covenants shall be observed by the County:
(i) the County will make no use of the proceeds of the Notes or Refunding Notes and will undertake no other intentional act with respect to the Notes or Refunding Notes which, if such use or act had been reasonably expected on the date of issuance of the Notes or Refunding Notes or if such use or act were intentionally made or undertaken after the date of issuance of the Notes or Refunding Notes, would cause the Notes or Refunding Notes to be "arbitrary bonds," as defined in Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), in the Regulations promulgated under Sections 103 and 148 of the Code or in any successor or supplementary provision of law hereinafter promulgated,
(ii) the County will undertake all actions as shall be necessary to maintain the Notes or Refunding Notes as obligations the interest on which qualifies for the tax exemption provided by Section 103(a) of the Code, including, where appropriate and without limitation, filing informational returns with the Secretary of Treasury, keeping accurate account of all monies earned in any fund, account or sub-account authorized by this Resolution or any resolution adopted in accordance with Section 1004 above, certifying cumulative cash flow deficits of the County and the local units, and investing any required portion of the gross proceeds of the Notes or Refunding Notes, whether on behalf of the County or the local units, in tax-exempt obligations or State and Local Government Series obligations, and
(iii) the County will make timely payment to the United States of any investment earnings, realized by the County on the gross proceeds of the Notes or Refunding Notes, as may be subject to rebate under Section 148(f) of the Code, and, to the extent required under applicable law or deemed by the Treasurer to be in the best interest of the County pursuant to written order, the County's obligation to make such payment to the United States shall also account for excess investment earnings realized by local units on all or a portion of the gross proceeds distributed to, and held by, the local units pursuant to Section 702.
(iv) the Treasurer shall be directed to take such actions and to enter into such agreements and certifications, on behalf of the County, as the Treasurer shall deem necessary or appropriate to comply with the foregoing covenants.
1006. Undertaking to Provide Continuing Disclosure. If necessary, this Board of Commissioners, for and on behalf of the County of Ingham, hereby covenants and agrees, for the benefit of the beneficial owners of the Notes to be issued by the County, to enter into a written undertaking (the "Undertaking") required by Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934 (the "Rule") to provide continuing disclosure of certain financial information and operating data and timely notices of the occurrence of certain events in accordance with the Rule. The Undertaking shall be substantially in the form as approved by the Underwriter of the Notes. The Undertaking shall be enforceable by the beneficial owners of Notes or by the Underwriter on behalf of such beneficial owners (provided that the Underwriter's right to enforce the provisions of the
Undertaking shall be limited to a right to obtain specific enforcement of the County's obligations hereunder and under the Undertaking), and any failure by the County to comply with the provisions of the Undertaking shall not be deemed a default with respect to the Notes.
The County Treasurer or other officer of the County charged with the responsibility for issuing the Notes shall provide a Continuing Disclosure Certificate for inclusion in the transcript of proceedings, setting forth the terms of the County's Undertaking.
Discussion followed. A vote was thereupon taken on the foregoing resolution and was as follows:
AYES: Celentino, Copedge, Dedden, Dougan, Hertel, Holman, Nolan, Schafer, Schor, Severino, Swope, Thomas, Vickers, Weatherwax-Grant and Grebner 140 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
NAYS: None
ABSTAIN: None
ABSENT: De Leon
A sufficient majority having voted therefor, the resolution appearing above was adopted.
STATE OF MICHIGAN
COUNTY OF INGHAM
I, _Mike Bryanton, Clerk for the County of Ingham, do hereby certify that the above and foregoing is a true and correct copy of a resolution adopted by the Board of Commissioners of the County of Ingham, Michigan on April 12, 2005 as appears on record in my office, and that I have compared the same with the original and that it is a true transcript therefrom and of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the sale of said County at Mason, Michigan this 12th day of April, 2005.
Mike Bryanton, Ingham County
[SEAL]
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan Nays: None Absent: None Approved 4/6/05
Moved by Commissioner Dedden, supported by Commissioner Celentino to adopt the resolution. Motion carried on a unanimous roll call vote. Absent: Commissioner De Leon.
The following resolution was introduced by the Finance Committee:
RESOLUTION AUTHORIZING ADJUSTMENTS TO THE 2005 INGHAM COUNTY BUDGET
RESOLUTION #05-097
WHEREAS, the Board of Commissioners adopted the 2005 Budget on October 26, 2004 and has authorized certain amendments since that time, and it is now necessary to make some adjustments as a result of updated revenue and expenditure projections, fund transfers, reappropriations, accounting and contractual changes, errors and omissions, and additional appropriation needs; and
WHEREAS, the Liaison Committees and the Finance Committee have reviewed the proposed budget adjustments prepared by the Controller’s staff and have made adjustments where necessary; and
WHEREAS, Public Act 621 of 1978 requires that local units of government maintain a balanced budget and periodically adjust the budget to reflect revised revenue and expenditure levels.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby directs the Controller to make the necessary transfers to adjust revenues and expenditures in the following funds, according to the attached schedules:
141 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
2005 BUDGET PROPOSED PROPOSED FUND DESCRIPTION 03/01/05 CHANGES BUDGET
101 General Fund $69,568,067 $129,901 $69,697,968 208 Parks 1,895,684 (28,198) 1,867,486 215 Friend of the Court 4,649,955 68,871 4,718,826 245 Public Improvements 518,750 309,277 828,027 264 Juvenile Justice Millage 3,336,161 33,815 3,369,976 292 Family Division Child Care 11,069,759 63,682 11,133,441 631 Building Authority Operating 3,053,492 13,000 3,066,492 636 MIS 2,154,459 22,826 2,177,285 664 Mach. & Equip. Revolving 413,074 49,830 462,904 671 Utilities 283,732 13,688 297,420
BE IT FURTHER RESOLVED, that the Ingham Board of Commissioners accepts the grant of $2,075 from the Michigan Municipal Risk Management Authority in order to offset the costs of Community Mental Health’s Jail Diversion Program as designated in the grant agreement.
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan Nays: None Absent: None Approved 4/6/05
Adopted as part of the consent agenda.
GENERAL FUND REVENUES 2005 Budget - Proposed 2005 Proposed 3/01/05 Changes Budget Tax Revenues County Property Tax 40,882,621 40,882,621 Property Tax Adjustments (125,000) (125,000) Delinquent Real Property Tax 10,000 10,000 Unpaid Personally Property Tax 35,000 35,000 PILT/IFT/CFT 475,000 475,000 Trailer Fee Tax 22,000 22,000 Intergovernmental Transfers Inventory Reimb. Payment 788,670 788,670 State Revenue Sharing 4,361,773 4,361,773 Convention/Tourism Tax - Liquor 1,337,581 1,337,581 Health and Safety Fund 134,789 134,789 Use of Fund Balance 184,133 114,826 298,959
142 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
Department Generated Revenue Animal Control 325,700 325,700 Circuit Court - Family Division 388,931 388,931 Circuit Court - Friend of the Court 200,302 200,302 Circuit Crt - General Trial 1,579,246 1,579,246 Community Mental Health 0 2,075 2,075 Cooperative Extension 32,750 32,750 County Clerk 396,400 396,400 District Court 2,475,856 2,475,856 Drain Commissioner/Drain Tax 385,000 385,000 Economic Development 64,942 64,942 Elections 24,670 24,670 Emergency Operations 47,221 47,221 Equalization /Tax Mapping 30,800 30,800 Probate Court 277,178 277,178 Prosecuting Attorney 756,723 756,723 Purchasing 8,706 8,706 Register of Deeds 2,337,900 2,337,900 Remonumentation Grant 183,472 183,472 Sheriff 5,620,264 13,000 5,633,264 Treasurer 6,106,575 6,106,575 Tri-County Regional Planning 75,705 75,705 Veteran Affairs 143,159 143,159 Total General Fund Revenues 69,568,067 129,901 69,697,968
GENERAL FUND EXPENDITURES
2005 Budget - Proposed 2005 Proposed 3/01/05 Changes Budget Board of Commissioners 493,289 221 493,510 Circuit Court - General Trial 6,153,771 1,753 6,155,524
143 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
District Court 1,955,038 1,955,038 Circuit Court - Friend of the Court 536,284 536,284 Jury Board 1,208 1,208 Probate Court 1,307,206 1,116 1,308,322 Circuit Court - Family Division 6,383,055 (14,453) 6,368,602 Jury Selection 65,724 65,724 Elections 161,731 161,731 Financial Services 613,892 1,008 614,900 County Attorney 394,147 394,147 County Clerk 726,989 313 727,302 Controller 807,937 607 808,544 Equalization/Tax Services 625,297 22,425 647,722 Human Resources 700,636 700,636 Prosecuting Attorney 5,616,484 1,597 5,618,081 Purchasing 239,365 642 240,007 Facilities 1,510,153 877 1,511,030 Register of Deeds 711,648 449 712,097 Remonumentation Grant 183,472 183,472 Treasurer 647,706 338 648,044 Drain Commissioner 903,990 903,990 Economic Development 150,583 253 150,836 Community Agencies 205,000 205,000 Equal Opportunity Committee 500 362 862 Women’s Commission 500 500 Environmental Affairs Comm 500 500 AC Shelter Advisory Board 500 500 FOC Advisory Committee 2,000 2,000 Historical Commission 500 500 Tri-County Regional Planning 146,175 146,175 Jail Maintenance 203,404 203,404 144 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
Sheriff 19,039,384 13,000 19,052,384 Community Corrections 92,685 92,685 Animal Control 1,182,043 1,182,043 Emergency Operations 165,023 165,023 Board of Public Works 500 500 Drain Tax at Large 117,000 117,000 Health Department 7,760,728 7,760,728 Medical Examiner 267,471 267,471 Substance Abuse 671,556 671,556 Community Mental Health 1,887,931 1,887,931 Family Independence Agency 992,045 992,045 Tri-County Aging 68,896 68,896 Veterans Affairs 337,532 337,532 Cooperative Extension 699,878 910 700,788 Parks and Recreation 1,816,950 1,816,950 Contingency Reserves 528,708 6,186 534,894 Capital Area Rail Council 2,350 2,350 Capital Improvements 2,488,703 92,297 2,581,000 Total General Fund 69,568,067 129,901 69,697,968 Expenditures
General Fund Revenues
Sheriff Increase insurance recovery revenue $13,000, to be used toward the purchase of a new vehicle.
Community Mental Health Increase grant revenue $2,075 for Jail Diversion Program grant received from Michigan Municipal Risk Management Authority.
Use of Fund Balance Increase budgeted use of fund balance $114,826 for various reappropriations.
General Fund Expenditures
Circuit Court - Family Div. Increase personnel budget due to correction in personnel cost projections ($11,003). Decrease personnel budget due to change in charging distribution from general fund to child care fund ($55,717). Increase general fund transfer to child care fund $26,915. Net decrease to general fund cost is $17,799. 145 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
Probate Court Transfer $2,500 from postage to permanent salaries to offset cost of hiring new employee at step 5 of pay scale, as authorized by the County Services Committee at its January 18, 2005 meeting.
Equalization Reappropriate $17,948 in unspent funds for tax mapping included in 2004 budget. Reappropriate $4,219 in unspent funds for personal property audits approved by Resolution 04-008.
Equal Opportunity Comm. Reappropriate $362 in unspent funds in order to offset planned 2005 expenditures.
Sheriff Increase vehicle budget $13,000. The cost is offset by insurance recovery revenue.
Contingency Increase contingency $6,186 to reflect net change from Family Division personnel adjustment, MMRMA grant and increased utilities chargebacks.
Capital Improvements Increase transfer out to public improvements fund $92,297 for reappropriation of previous years’ capital projects.
Utilities Chargebacks Increase utilities chargeback budgets for various departments $13,688 due to higher than anticipated 2004 costs in the Utilities Fund.
Non-General Fund Adjustments
Parks Transfer funds from Parks seasonal wages to Friend of the (F208) Court temporary wages in order to receive cooperative reimbursement funding for administration of the Jail Alternative Sentencing program, initially authorized by Resolution 04-289. ($22,957)
Friend of the Court Increase temporary wages to administer the Jail Alternative (F215) Sentencing program, initially authorized by Resolution 04-289 ($68,871). $22,957 in funding will come from a transfer from the Parks seasonal wages line item, and the remaining $45,914 will come from cooperative reimbursement grant payments.
Public Improvements Reappropriate funds for the following capital improvement (F245) projects: $15,000 for Jail heater covers per the 1999 CIP budget, $5,000 for stainless steel doors at the Jail and $30,000 to replace heating units at the Jail per the 2002 CIP budget, $15,000 for lock replacement at the Jail, $1,597 for stock lock parts at the Jail, $8,000 for Jail and District Court Parking Lot Lights, and $5,198 to repair garage walls at Animal Control per the 2003 CIP budget, $80,000 to seal shower floors at Jail, $5,000 for ceiling tile replacement at the Jail, $8,000 for glass inventory at the Jail, $30,000 for a storage building at the Jail, $8,000 for parking lot lights at the Jail, $1,200 to install cipher locks at Animal Control, $66,202 for county wide parking lot repair, $25,000 for Jail parking lot repair, $2,300 for carpet at the Health Department, and $3,780 for Parks playground accessible surfacing per the 2004 CIP budget.
146 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
Juvenile Justice Millage Carry over remaining funds authorized for Risk (F264) Assessment Tool per Resolution 03-326. ($28,889) Increase transfer to child care fund due to correction in personnel cost projections. ($4,926)
Family Division Child Care Increase personnel budget due to correction in personnel (F292) cost projections ($9,852) and change in charging distribution from general fund to child care fund ($53,830). Funding allocated as follows: $4,926 from juvenile justice millage, $26,915 from the general fund, and $31,841 from the state child care fund.
Bldg Authority Operating Increase capital budget in order to replace loading dock at (F631) Human Services Building. ($13,000)
MIS Reappropriate funds for air conditioning replacement per (F636) 2004 CIP budget. ($22,826)
Mach./Equip. Revolving Increase CIP upgrade funds to purchase: one printer for (F664) Cooperative Extension ($1,056), one PC and monitor for Financial Services ($984), one laptop for the Board of Commissioners Office ($1,420), and one PC for Equalization ($870). Reappropriate funds for the following capital improvement projects: $17,500 for furniture for the Drain Office per the 2003 CIP budget, $27,500 for optical scan voting system, $7,500 for 3 magliner carts for Facilities, $7,500 for furniture for the Drain Office, $8,000 for digital records storage system for the Sheriff, and $5,000 for information technology improvements for Emergency Operations per the 2004 CIP budget.
Utilities Increase utilities chargeback budgets due to higher than (F671) anticipated 2004 costs. ($13,688)
The following resolution was introduced by the Human Services Committee:
RESOLUTION HONORING PAMELA STANTS
RESOLUTION #05-098
WHEREAS, since her appointment to the Community Mental Health Board in 1996, Pamela Stants has served as the Chair of its Recipient Rights Committee for four years, setting high standards of thoroughness, compassion, and fairness in her leadership of this Committee’s work; and
WHEREAS, In 2002, Pamela became the first consumer of Community Mental Health services to be elected as the Chairperson of the Board of Directors, she was the first consumer, in Michigan, to serve as the Chair of their local Community Mental Health Board and served in that role throughout 2002, stepping down in March 2003, to assume the Chairperson of the Recipients Rights Committee; and
WHEREAS, In 2003, Pamela received the Partners in Excellence Award, awarded by the Michigan Association of Community Mental Health Boards, in recognition of her tireless efforts to break down the walls of stigma, with and on behalf of those served by the Community Mental Health system; and
147 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
WHEREAS, her considerable experience in advocating, at both the local and state level, on a range of mental health issues, made her a highly effective Board Chairperson, Pamela’s courage, commitment, political savvy, willingness to draw on her experience as a consumer, and selflessness were key to her ability to lead the Board of Directors in holding the labor-management-consumer-community stakeholder coalition together in the face of a fourth year of sizeable budget cuts; and
WHEREAS, because of her personal experience with the mental health system, Pamela has been able to provide a unique insight into Board decisions and to serve as a powerful spokesperson for the Community Mental Health Board of Directors and for consumers of Community Mental Health services, she has unselfishly and articulately put the welfare of the greater Lansing community and those served by the Community Mental Health system ahead of her own needs – serving as a model for others on the Community Mental Health Board, within the staff ranks, and throughout the community.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby honors Pamela Stants for her accomplishments as a member of the Community Mental Health Board and for her dedication and commitment towards improving the quality of life for the citizens of Ingham County.
BE IT FURTHER RESOLVED, that the Board wishes her continued success in all of her future endeavors.
HUMAN SERVICES: To be approved 4/11/05
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services Committee:
RESOLUTION IN SUPPORT OF COMMITMENT TO COMMUNITY BASED LONG-TERM CARE SERVICES AND SUPPORT
RESOLUTION #05-099
WHEREAS, thousands of people with disabilities and older Michigan citizens currently need or will need long term services and supports to live in the community and this number is expected to grow at a rapid pace over the next three decades; and
WHEREAS, the current long term care system in Michigan is fragmented, overly medicalized, bureaucratic, and expensive – with an institutional bias that unnecessarily forces people with disabilities and other older Michigan citizens in nursing homes and other institutions; and
WHEREAS, the Supreme Court in the Olmstead vs. LC & EW decision ruled in 1999 that people of the right to services in the most integrated setting; and
WHEREAS, the Michigan public overwhelmingly support long term ca re services and supports to be provided in their own home and communities; and
WHEREAS, the Tri-County Aging Consortium has requested that Ingham County Board of Commissioners pass a resolution in support.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners express support for the Tri-County Aging Consortium’s position that: 148 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
The current Michigan long term services and support system has an institutional bias that must be reformed. The long term services and support system must include the principles that home and community services supports are the first priority and that support services should be provided in the most integrated setting. No person with a disability or older Michigan citizen should be forced into a nursing home or other institution because of the lack of home and integrated community options. People with disabilities and older Michigan citizens must have full inclusion in the design, implementation, and review of the long term services and support system; and
BE IT FURTHER RESOLVED, the Ingham County Board of Commissioners express support of the Tri- County Aging Consortium’s recommendations for:
Single point of entry: Each community and region shall have an Aging and Disability Resource Center (ADRC) where people may get information about a variety of long term care options from which they make a choice that fits their individual situation.
Money follows the person: A policy of financing public long term care supports for those who are financially eligible where, rather than money assigned to a “bed” in a nursing home or a “slot” in the community as it currently exists, it is assigned by individual need.
A Stable and Respected Workforce: Personal Assistants help assure quality care and quality lives for the people they serve when they are secure in their employment.
BE IT FURTHER RESOLVED, the Ingham County Board of Commissioners supports reform of the long term services and support system in Michigan that does not result in reducing or eliminating funding to Michigan or the removal of current Medicaid protections
HUMAN SERVICES: To be approved 4/11/05
Moved by Commissioner Hertel, supported by Commissioner Schafer to adopt the resolution. Moved by Commissioner Schor to amend the resolution by deleting the fifth “Whereas” paragraph. This was accepted by Chairperson Grebner as a friendly amendment. Motion carried unanimously. Absent: Commissioner De Leon.
The following resolution was introduced by the Human Services and Finance Committees:
RESOLUTION TO AUTHORIZE AN AMENDMENT TO 2004-2005 COMPREHENSIVE PLANNING, BUDGETING AND CONTRACTING (CPBC) AGREEMENT WITH THE MICHIGAN DEPARTMENT OF COMMUNITY HEALTH AND ACCEPT A PHYSICAL ACTIVITY AND HEALTHY EATING GRANT
RESOLUTION #05-100 WHEREAS, chronic disease is the leading cause of disability and premature death in Ingham County, and physical activity and healthful eating are effective preventive measures; and
WHEREAS, for several years the Ingham County Health Department has been involved in promoting physical activity, healthful behaviors and community well being through the Lifestyles Committee of the Capital Area Health Alliance, the Land Use and Health Resource Team, and through agreements with several Lansing neighborhoods; and
149 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
WHEREAS, the Michigan Department of Community Health has awarded a grant in response to a proposal from the Health Department to carry out an assessment in the City of Lansing and to develop plans to increase physical activity and healthy eating; and
WHEREAS, the Health Officer has recommended that the Board of Commissioners accept the grant.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby authorizes an amendment to the 2004-2005 CPBC Agreement with the Michigan Department of Community Health to insert the MDCH “Nutrition and Physical Activity, Policy and Environment Grant Program.”
BE IT FURTHER RESOLVED, the State shall provide Ingham County $64,966 during FY 2004-2005 for services to collect and report information related to physical activity and healthy eating in the City of Lansing.
BE IT FURTHER RESOLVED, that the County authorizes grant sub-contracts with LeRoy Harvey for $32,000; and $5,000 each for Mid-Michigan Environmental Action Council; Allen Neighborhood Center; Northwest Lansing Healthy Community Initiative, and South Lansing Community Development Association to carry out activities related to the grant.
BE IT FURTHER RESOLVED, that the Controller is authorized to amend the Health Department’s FY 2005 Budget to implement this resolution.
BE IT FURTHER RESOLVED, that the Board Chairperson is authorized to sign the subcontracts and the CPBC amendment after review by County Attorney.
HUMAN SERVICES: To be approved 4/11/05
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan Nays: None Absent: None Approved 4/6/05
Adopted as part of the consent agenda.
The following resolution was introduced by the Human Services and Finance Committees:
RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS TO THE MID-SOUTH SUBSTANCE ABUSE COMMISSION AND A 2005 CONTRACT FOR ACCOUNTING WITH RESPECT THERETO
RESOLUTION #05-101
WHEREAS, MCL 211.24(e), commonly known as the State Liquor Tax Law, allowed Ingham County the option of retaining the entire amount of liquor tax revenue provided that these monies be used to offset property tax revenues by an equal amount, or the option of retaining one-half of the revenues and distributing the other half to the county’s designated coordinating agency for substance abuse prevention; and
WHEREAS, the Ingham County Board of Commissioners, during the 2005 budget process, chose to retain one- half of these liquor tax revenues for the General Fund and is now required to distribute the other one-half of these revenues to the designated coordinating agency, the Mid-South Substance Abuse Commission, to use said funds for substance abuse prevention and treatment programs in Ingham County; and
150 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
WHEREAS, the statute requires the Mid-South Substance Abuse Commission to use said funds for substance abuse prevention and treatment programs in Ingham County; and
WHEREAS, the Department of Treasury has recommended certain accounting and/or auditing procedures to be used with respect thereto.
THEREFORE BE IT RESOLVED, that a contract be entered into with the Mid-South Substance Abuse Commission which provides that the Mid-South Substance Abuse Commission will provide Ingham County with substance abuse services and accounting and audit reports consistent with the requirements of the Michigan Department of Treasury, demonstrating its use of funds received from Ingham County from liquor tax revenues, which use shall be in accordance with the requirements of MCL. 211.24(e).
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes an amendment to the 2005 General Fund Budget to reflect an increase of $107,652 in anticipated revenues from the Liquor Tax distribution; and a decrease of $53,826 in the projected use of the Fund Balance; and an increase of $53,826 in the appropriation to the Mid-South Substance Abuse Commission, totaling $722,616.50 to come from 101- 63100-849000.
BE IT FURTHER RESOLVED, that the Chairperson of the Ingham County Board of Commissioners and the County Clerk are authorized to sign any necessary contract documents consistent with this resolution and approved as to form by the County Attorney.
HUMAN SERVICES: To be approved 4/11/05
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan Nays: None Absent: None Approved 4/6/05
Adopted as part of the consent agenda.
The following resolution was introduced by the Judiciary Committee:
RESOLUTION HONORING DAVID R. BUCK
RESOLUTION #05-102
WHEREAS, in September 1972, David R. Buck began his career as a Child Welfare Worker for the Ingham County Probate Court, currently known as Circuit Court, Family Division; and
WHEREAS, in August 1974, he was appointed as Senior Child Welfare Worker, for the Ingham County Probate Court, currently known as Circuit Court, Family Division, in October 1989, his title changed to Senior Juvenile Court Officer, in September 1999, he was promoted to Casework Supervisor; and in March 2003, he was promoted to Juvenile Services and Treatment Director; and
WHEREAS, David R. Buck supervised the Crossroads Day Treatment Program for many years and was one of the original staff who assisted in the supervision of youth who attended the Court’s canoeing and camping trips, he participated in the Christmas for Kids Produce Sale, currently known as the Child Benefit Fund, and was for many years the chief organizer for the Probate Court Annual Golf Outing; and
151 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
WHEREAS, David R. Buck exemplifies the best in public service through his dedication and commitment to his job responsibilities and duties through his desire to address the needs of juveniles and their families and has been a tremendous source of experience and knowledge in all matters relating to juvenile cases and the administration of the Ingham County Circuit Court - Family Division; and
WHEREAS, David R. Buck has given the Ingham County Circuit Court, Family Division and the residents of Ingham County over 32 years of high quality service.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby honors David R. Buck for his many years of dedicated service to the County of Ingham and for the contributions he has made to the Circuit Court, Family Division.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners wishes him continued success in all of his future endeavors.
JUDICIARY: Yeas: Holman, Nolan, Swope, Schafer Nays: None Absent: Weatherwax-Grant, Dougan Approved 3/31/05
Adopted as part of the consent agenda.
The following resolution was introduced by the Law Enforcement, County Services and Finance Committees:
RESOLUTION TO AUTHORIZE A REORGANIZATION IN THE SHERIFF’S MEDICAL CLINIC
RESOLUTION #05-103
WHEREAS, the Ingham County Board of Commissioners authorized the hiring of three (3) Jail Nurses for 2005; and
WHEREAS, upon further review with medical staff, it was preferred that two (2) Jail Nurses would be hired and the third position would be a Clinic Assistant Technician; and
WHEREAS, a review with Human Resources revealed there would be a savings of approximately $19,000 by hiring a Clinic Assistant Technician in place of a Jail Nurse; and
WHEREAS, a job description for a Clinic Assistant Technician has been authorized by Human Resources.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes a reorganization within the Ingham County Sheriff’s Office Medical Clinic by reclassifying a Jail Nurse (NUR 08) to a Clinic Assistant Technician (UAW D) effective the date of the passage of this resolution.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes the Controller to make any necessary adjustments in the Sheriff’s Office 2005 Budget and Personnel Allocation List
LAW ENFORCEMENT: Yeas: De Leon, Nolan, Copedge, Thomas, Schafer, Vickers Nays: None Absent: None Approved 3/31/05
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino
152 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
Nays: None Absent: Vickers Approved 4/5/05
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan Nays: None Absent: None Approved 4/6/05
Adopted as part of the consent agenda.
The following resolution was introduced by the Law Enforcement and Finance Committees:
RESOLUTION AUTHORIZING A CONTRACT CHANGE ORDER #5 FOR THE WIRELESS VOICE COMMUNICATION SYSTEM FROM M/A-COM, INC.
RESOLUTION #05-104
WHEREAS, the Ingham County Board of Commissioners adopted Resolution #03-324 to accept the M/A- COM, Inc. Final System Design as recommended by the Ingham County 911 Advisory Committee and MLJ Consulting, Inc. to replace and upgrade the Public Safety Radio Communications System in Ingham County; and
WHEREAS, the Ingham County 911 Advisory Committee, with the assistance of the Project Manager, MLJ Consulting, Inc., and M/A-COM, Inc. have evaluated a proposed change order to the Final System Design and is recommending that the Board of Commissioners accept the M/A-COM, Inc. Change Order #5 to reduce the current M/A-COM, Inc. contract by reducing the amount of end user equipment; and
WHEREAS, the Ingham County 911 Advisory Committee, with the assistance of the Project Manager, MLJ Consulting, Inc. and M/A-COM, Inc. are further recommending that the County prepare an RFP to select the requisite number of lapel microphones within the amount of money ($123,630) that was reduced by this Change Order; and
WHEREAS, County staff has reviewed the recommendation and concurs.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners accepts the M/A-COM, Inc. contract amendment, Change Order #5 as recommended by the Ingham County 911 Advisory Committee and MLJ Consulting, Inc. for the Ingham County Public Safety Radio Communications System in Ingham County with an adjusted cost decrease of $123,630 from $9,743,916 to a revised total of $9,620,286.
BE IT FURTHER RESOLVED, that the Chairperson of the Ingham County Board of Commissioners and the County Clerk are authorized to sign any new contract documents with an approved vendor not to exceed $123,630 for lapel microphones as well as amendments to the M/A-COM Inc. contract as prepared by or approved as to form by the County Attorney consistent with this resolution.
LAW ENFORCEMENT: Yeas: De Leon, Nolan, Copedge, Thomas, Schafer, Vickers Nays: None Absent: None Approved 3/31/05
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan Nays: None Absent: None Approved 4/6/05
Adopted as part of the consent agenda. 153 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
The following resolution was introduced by the Law Enforcement and Finance Committees:
RESOLUTION AUTHORIZING CONTRACT AMENDMENTS WITH LANSING AND EAST LANSING FOR 911 CENTER 2004/05 OPERATIONS
RESOLUTION #05-105
WHEREAS, the Ingham County Board of Commissioners has established a 911 Emergency Telephone Dispatch Services Fund for Management and System Improvements to the County emergency dispatch system and a policy that reserves twenty percent of the total revenues per year for these purposes; and
WHEREAS, the Lansing and East Lansing 911 Centers’ 2004/05 operational budgets did not receive the full ninety five percent reimbursement this fiscal year due to their costs exceeding eighty percent of the total 911 2004/05 revenues; and
WHEREAS, the Cities of Lansing and East Lansing are requesting that the Ingham County Board of Commissioners fully fund their 2004/05 operational budgets requests from the 911 Emergency Telephone Dispatch Services - 911 Fund for Management and System Improvements; and
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes the expenditure of up to $268,474 from the 911 Emergency Telephone Dispatch Services - 911 Fund for Management and System Improvements by amending the City of East Lansing’s 2004/05 operational budget by increasing it $38,847 from $1,105,167 to $1,144,014 and by amending the City of Lansing’s 2004/05 operational budget by increasing it $229,627 from $4,108,073 to $4,337,700.
BE IT FURTHER RESOLVED, that the Chairperson of the Ingham County Board of Commissioners and the County Clerk are authorized to sign any necessary contract amendment documents consistent with this resolution and approved as to form by the County Attorney.
LAW ENFORCEMENT: Yeas: De Leon, Nolan, Copedge, Thomas, Schafer, Vickers Nays: None Absent: None Approved 3/31/05
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan Nays: None Absent: None Approved 4/6/05
Adopted as part of the consent agenda.
The following resolution was introduced by the Law Enforcement Committee:
RESOLUTION HONORING SAMUEL GATESY RESOLUTION #05-106
WHEREAS, Samuel Gatesy is a senior at Williamston High School where he is captain of the cross country team; and
WHEREAS, upon graduation he plans to attend college where he can study chemical engineering, physics and astronomy; and
154 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
WHEREAS, he has been an active participate in Boy Scout Troop #63 since 1998 and has earned 30 merit badges, he became a member of the Order of the Arrow in 2001, he has served as grubmaster, scribe, instructor, quartermaster and treasurer in the Troop; and
WHEREAS, his eagle project entailed constructing and mounting 20 bat houses in the Williamston area, including McCormick Park and Memorial Park, he spent 11 hours planning the project and another 18 hours carrying out the project, with the assistance of 7 fellow scouts and an additional 27 hours, the project was complete; and
WHEREAS, Sam has earned the highest rank attainable in Scouting, the Eagle Scout; and
WHEREAS, to achieve the Eagle rank, a scout must demonstrate leadership and citizenship while earning 21 merit badges before reaching the age of 18.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners congratulates Sam Gatesy for earning the rank of Eagle Scout and extends its sincere appreciation to Sam for serving as a positive role model for the youth in our community.
LAW ENFORCEMENT: Yeas: De Leon, Nolan, Copedge, Thomas, Schafer, Vickers Nays: None Absent: None Approved 3/31/05
Adopted as part of the consent agenda.
SPECIAL ORDERS OF THE DAY: None.
PUBLIC COMMENTS: None.
COMMISSIONER ANNOUNCEMENTS: Commissioner Dougan announced this week is WKAR-TV Auction Week and to keep bidding.
Commissioner Weatherwax-Grant announced March for Meals will be held on May 14, 2005 @ 9:00 a.m. at Hawk Island County Park and the Eastside Neighborhood “souper” will be held on April 16, 2005.
Commissioner Thomas announced it is Be Kind to Animals Week and the Ingham County Animal Shelter’s Family Cat Show will be held on April 30, 2005 @ 11:00 a.m. Entrance fees are $3.00 per cat, humans are free.
Commissioner Copedge thanked Jonathan Spindler, Resource Specialist and staff from the Justice in Mental Health Organization for helping to locate a missing handicapped individual.
Commissioner Dougan indicated the Ingham County Road Commission will be repairing six bridges within the County.
CONSIDERATION AND ALLOWANCE OF CLAIMS: Moved by Commissioner Swope, supported by Commissioner Schafer to approve payment of the claims submitted by the County Clerk and the Financial Services Department in the amount of $1,792,272.83. Motion carried unanimously. Absent: Commissioner De Leon.
155 APRIL 12, 2005 STATUTORY EQUALIZATION MEETING
RECESS: The meeting was recessed at 8:08 p.m.
______MARK GREBNER, CHAIRPERSON MIKE BRYANTON, INGHAM COUNTY CLERK
______Carole Bush-Welch, Deputy Clerk
156
APRIL 26, 2005 Agenda Item No. 5
Introduced by the County Services Committee of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION MAKING AN APPOINTMENT TO THE INGHAM COUNTY YOUTH COMMISSION
RESOLUTION #05-
WHEREAS, vacancies exist on the Ingham County Youth Commission; and
WHEREAS, the County Services Committee interviewed youth interested in serving on this Committee:
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby makes the following appointment to the Ingham County Youth Commission:
Brian Yu, 1931 Pageant Way, Holt, 48842 to a term expiring August 31, 2006.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers Nays: None Absent: None Approved 4/19/05
APRIL 26, 2005 Agenda Item No. 6
Introduced by the County Services and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION TO EXEMPT COUNTY PROPERTY TAX REVENUES FROM CAPTURE IN THE EXPANDED EAST LANSING DOWNTOWN DEVELOPMENT AUTHORITY DISTRICT
RESOLUTION #05-
WHEREAS, the East Lansing City Council held a public hearing on May 17, 2005, for the purpose of adopting an ordinance expanding the boundaries of the East Lansing DDA District, which ordinance shall take effect sixty (60) days after the public hearing; and
WHEREAS, Ingham County property tax revenues in the expanded East Lansing DDA district may be subject to capture by a tax increment financing plan approved by the East Lansing City Council; and
WHEREAS, pursuant to MCL 125.1653(3), Ingham County may exempt its property taxes from capture in the expanded area of the East Lansing Township DDA District by adopting a resolution to that effect within sixty (60) days of the May 17, 2005 public hearing, which resolution takes effect when filed with the East Lansing City Clerk; and
WHEREAS, the resolution exempting Ingham County property taxes in the expanded area of the East Lansing DDA District from capture by the East Lansing Township DDA remains effective until a copy of a resolution rescinding that resolution is filed with the East Lansing City Clerk; and
WHEREAS, pursuant to MCL 125.1664(4), Ingham County may enter into agreements with the East Lansing DDA and the East Lansing City Council to share a portion of the captured assessed value of the expanded area of the East Lansing DDA District; and
WHEREAS, pursuant to Ingham County Board of Commissioners Resolution #95-174, a copy of which is attached and incorporated by reference, it is the policy of Ingham County not to permit the capture of County property tax revenues in any new or amended DDA districts unless the Board of Commissioners has approved a tax sharing agreement with the DDA and the affected municipality, which tax sharing agreement must meet the conditions set forth in Resolution #95-174.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners, pursuant to MCL 125.1653(3), hereby approves the exemption of Ingham County property taxes in the expanded area of the East Lansing DDA District from capture by the East Lansing DDA.
BE IT FURTHER RESOLVED, that this Resolution shall take effect when a copy is filed with the East Lansing City Clerk, and shall remain effective until a copy of a resolution rescinding this Resolution is filed with the East Lansing City Clerk.
BE IT FURTHER RESOLVED, that Ingham County may hereafter enter into agreements with the East Lansing DDA and the East Lansing City Council to share a portion of the captured assessed value of the expanded area of the East Lansing DDA District, in conformance with the policies set forth in Resolution #05-094.
APRIL 26, 2005 Agenda Item No. 6
RESOLUTION #05-
BE IT FURTHER RESOLVED, that upon entry into an agreement with the East Lansing DDA and the East Lansing City Council to share a portion of the captured assessed value of the expanded area of the East Lansing
DDA District, this Resolution may be rescinded, and a copy of the rescinding resolution shall be filed with the East Lansing City Clerk.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Severino, Vickers Nays: Schor Absent: None Approved 4/19/05
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas Nays: None Absent: Dougan Approved 4/20/05
APRIL 26, 2005 Agenda Item No. 7
Introduced by the County Services and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION CONDITIONALLY APPROVING THE ESTABLISHMENT OF A JOINT LOCAL DEVELOPMENT FINANCE AUTHORITY (LDFA) TAX INCREMENT FINANCING AREA BY THE CITY OF EAST LANSING AND THE CITY OF LANSING, TO BE KNOWN AS THE LANSING REGIONAL SMARTZONE
RESOLUTION #05-
WHEREAS, the Cities of Lansing and East Lansing in Ingham County are authorized under Michigan Public Act 281 of 1986, as amended, to create a multi-jurisdictional Local Development Finance Authority (LDFA) with the approval of the Ingham County Board of Commissioners; and
WHEREAS, both the City of Lansing and the City of East Lansing have notified the County of their intent to create a multi-jurisdictional LDFA to be known as the Local Development Finance Authority of the Cities of Lansing and East Lansing (“the Authority”), County of Ingham, Michigan, which will exercise its powers within an Authority District designated by the Cities (the “Authority District”), which Authority District is to be known as the Lansing Regional SmartZone, more particularly described as four separate areas; and
WHEREAS, the proposed Authority District would have geographical boundaries as follows:
A. The area in downtown Lansing bounded by Grand Avenue to the west, Michigan Avenue to the south, the Grand River to the east, and Shiawassee Street to the north.
B. The area in Lansing bounded by I-496 to the west, the Lansing Corporate City Limit to the north and northeast, Collins Road to the east, and Dunckel Road to the south.
C. The area in East Lansing bounded by Bogue Street to the west, Grand River Avenue to the north, Hagadorn Road to the east, and the Red Cedar River to the south.
D. The area in downtown East Lansing contained within the East Lansing Downtown Development Authority District as adopted by the East Lansing City Council by Ordinance 635 on June 17, 1986, and amended by Ordinance 889 adopted on February 18, 1997; and
WHEREAS, the County of Ingham agrees that the creation of the Authority, in partnership or cooperation with others, including Michigan Biotechnology Incorporated, Michigan State University, Michigan State University Foundation, and others, will help eliminate the causes of unemployment, underemployment, and joblessness, and will promote economic growth in the County; and
WHEREAS, State law provides that if the Authority is operating within a district which is also designated by the Michigan Economic Development Corporation (MEDC) as a “Certified Technology Park,” the County cannot opt out of having its ad valorem property taxes captured by the Authority.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners approves the establishment of the Local Development Finance Authority of the Cities of Lansing and East Lansing for the purpose of operating within the Lansing Regional SmartZone, but only if and when the MEDC has designated the Authority District as a Certified Technology Park under Public Act 281 of 1986, as amended. APRIL 26, 2005 Agenda Item No. 7
RESOLUTION #05-
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers Nays: None Absent: None Approved 4/19/05
FINANCE: Yeas: Dedden, Swope, Hertel, Schor Nays: Thomas Absent: Dougan Approved 4/20/05
APRIL 26, 2005 Agenda Item No. 8
Introduced by the County Services and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION AUTHORIZING THE EMERGENCY PURCHASE OF A DOMESTIC HOT WATER BOILER AT THE INGHAM COUNTY CORRECTIONAL FACILITY
RESOLUTION #05-
WHEREAS, the domestic hot water boiler at the Ingham County Correctional Facility has deteriorated to the point where it is now nonfunctional; and
WHEREAS, it is imperative that this hot water boiler be replaced in order to provide building operational functions; and
WHEREAS, the funds necessary for this emergency purchase have been identified by the Facilities Director and will come from funds currently budgeted for Replacing the Heating Units at Jail Posts 3, 6, & 9 in the amount of $30,000; and
WHEREAS, a quote from Myers Plumbing has been obtained for the replacement of the emergency purchase and installation of the domestic hot water boiler for a total estimated cost of $16,000; and
WHEREAS, the Facilities Director has determined that the project for replacing the heating units can be combined with the CIP project for replacing the HVAC system for the same posts in the Jail.
THEREFORE BE IT RESOLVED, that the Board of Commissioners approves the transfer of $16,000 from the CIP Budget for replacing the heating units at the jail to a CIP Budget for Replacing the domestic hot water boiler, and the transfer of the remaining $14,000 to the CIP project for replacing the HVAC system.
BE IT FURTHER RESOLVED that the Controller is authorized to make the necessary budget adjustments and to approve the purchase and installation of the domestic hot water boiler for an estimated total cost of not to exceed $16,000.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers Nays: None Absent: None Approved 4/19/05
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas Nays: None Absent: Dougan Approved 4/20/05
APRIL 26, 2005 Agenda Item No. 9
Introduced by the County Services and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION AUTHORIZING A CONTRACT WITH 4D PHARMACY MANAGEMENT SYSTEMS INC. FOR ADMINISTRATION OF PHARMACY BENEFIT MANAGEMENT PROGRAM
RESOLUTION #05-
WHEREAS, Ingham County's eligible employees and retirees are provided prescription drug benefits; and
WHEREAS, Ingham County on behalf of the Ingham Health Coalition issued a Request for Proposal in February of 2005 and nine responses were received; and
WHEREAS, the Health Coalition has reviewed the responses and determined that 4D Pharmacy Management Systems Inc. offers the optimal level of service and value to the employees of Ingham County.
THEREFORE BE IT RESOLVED, that the Board of Commissioners authorizes a contract with 4D Pharmacy Management Systems Inc. for a 18 month period beginning on July 1, 2005 to provide Pharmacy Benefit Management Services to eligible employees and retirees of Ingham County.
BE IT FURTHER RESOLVED, that the contract shall be based on the 4D responses to the Request for Proposals, as further clarified in presentations and negotiations with the Health Coalition and the County Controller.
BE IT FURTHER RESOLVED, that the contract may be renewed annually thereafter at the discretion of the Health Coalition and with the approval of the County Controller.
BE IT FURTHER RESOLVED, that the Board of Commissioners authorizes the termination of the current contract with ClaimsPro/Pharmacare, effective June 30, 2005 or as soon thereafter as practical in the judgment of the County Controller.
BE IT FURTHER RESOLVED, that the Board Chairperson and County Clerk are authorized to sign appropriate documents as recommended by the County Controller and as reviewed by the County Attorney.
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers Nays: None Absent: None Approved 4/19/05
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas Nays: None Absent: Dougan Approved 4/20/05
APRIL 26, 2005 Agenda Item No. 10
Introduced by the Finance Committee of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION TO ADOPT THE 2005 COUNTY EQUALIZATION REPORT AS SUBMITTED WITH THE ACCOMPANYING STATEMENTS
RESOLUTION #05-
WHEREAS, the Equalization Department has examined the assessment rolls of the 16 townships and five cities within Ingham County to ascertain whether the real and personal property in the respective townships and cities has been equally and uniformly assessed; and
WHEREAS, based on its studies, the Equalization Department has presented to the Equalization Sub- Committee the 2005 Equalization data that equalizes the townships’ and cities’ valuations, by adding to or deducting from the valuations of the said taxable property in the 16 townships and five cities, an amount which represents the true cash value; and
WHEREAS, the attached report is the result of the foregoing process.
THEREFORE BE IT RESOLVED, by the Board of Commissioners of the County of Ingham, that the accompanying statements be, and the same hereby are, approved and adopted by the Board of Commissioners of the County of Ingham as the equalized value of all taxable property, both real and personal, for each of the 16 townships and five cities in said County for real property values equalized at $8,472,452,710 and personal property values equalized at $563,080,329, for a total equalized value of real and personal property at $9,035,533,039 pursuant to Section 211.34 MCL, 1948, as amended.
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan Nays: None Absent: None Approved 4/20/05
APRIL 26, 2005 Agenda Item No. 11
Introduced by the Finance Committee of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION DESIGNATING COUNTY REPRESENTATIVES AT STATE TAX COMMISSION HEARINGS
RESOLUTION #05-
WHEREAS, the State Tax Commission has by statute the responsibility to annually equalize all county equalization reports for the State of Michigan; and
WHEREAS, the State Equalization hearing date and issuance of final order is set for Monday, May 23, 2005; and
WHEREAS, under administrative procedures the State Tax Commission requires that each county designate the individuals selected to represent the County at said hearing.
THEREFORE BE IT RESOLVED, that Douglas A. Stover, Equalization Director, and Commissioners Steve Dougan and Chris Swope, be and hereby are appointed to represent the County of Ingham at the preliminary meeting on Monday, May 9, 2005 and the Annual State Equalization Hearing on Monday, May 23 2005, and any other dates as set by the State Tax Commission, in the matter of the 2005 equalization of assessments for Ingham County.
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan Nays: None Absent: None Approved 4/20/05
APRIL 26, 2005 Agenda Item No. 12
Introduced by the Human Services and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION TO CREATE THREE TEMPORARY PART-TIME SUMMER STAFF AT THE BAKER DONORA FOCUS CENTER UNDER THE JUVENILE JUSTICE TITLE V PREVENTION GRANT
RESOLUTION #05-
WHEREAS, the Ingham County/City of Lansing Youth Violence Prevention Coalition (YVPC) is established to coordinate youth violence prevention programming in the City of Lansing and Ingham County; and
WHEREAS, the Ingham County/City of Lansing Youth Violence Prevention Coalition has been designated by the Ingham County Board of Commissioners as the monitoring and advisory body for implementation of their comprehensive strategy for preventing and treating delinquency; and
WHEREAS, a Title V grant in the amount of $100,000 has been received from the Juvenile Justice Grant Unit of the Michigan Family Independence Agency (MFIA) by Ingham County on behalf of the YVPC to implement programming at Baker Donora Focus Center and the surrounding community in the amount of $150,000, with the local match coming from the City of Lansing in the amount of $50,000 for a total budget of $150,000 for the time period of August 1, 2004, through July 31, 2005; and
WHEREAS, in order to implement the grant, a full-time Project Coordinator, a part-time Project Assistant, and several other part-time, temporary staff positions have been created and filled; and
WHEREAS, the Ingham County Board of Commissioners has authorized a sub-contract between the Ingham County MSU Extension and the City of Lansing in the amount of $50,000 to provide the local cash match required in the main contract with MFIA for the time period of August 1, 2004, through July 31, 2005; and
WHEREAS, the Ingham County MSU Extension has been authorized to employ a necessary, temporary project staff not to exceed $42,123; and
WHEREAS, contingent upon approval from MFIA, an additional $1,540 (including FICA) from the original Summer Youth Enrichment Coordinator line item will be transferred to a different position (teen life skills facilitator) within the Title V grant; and
WHEREAS, the Title V Project Coordinator proposed to create three part-time temporary summer positions at the Baker Donora Focus Center from the Summer Youth Enrichment Coordinator line item, currently at a cost of $8,470 (including FICA); and
WHEREAS, two of the summer positions, the Summer Enrichment Assistants will be paid through the Title V grant and both staff will be paid $8 per hour for 25 hours a week plus five additional hours of training for 9 weeks. Each position will not exceed a cost of $1,840 for a total of $3,680 and $368 for FICA for a total amount not to exceed $4,048; and
APRIL 26, 2005 Agenda Item No. 12
RESOLUTION #05-
WHEREAS, the remaining summer position, the Summer Enrichment Coordinator, will be paid through the Title V grant and will pay staff $8 per hour for 25 hours a week for 13 weeks, plus 2.5 additional hours of training. This position will not exceed the cost of $2,620 and $262 for FICA, for a total amount not to exceed $2,882.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes the Title V Juvenile Justice Prevention Grant to create three part-time, temporary summer positions to develop and deliver programming at Baker Donora Focus Center to be paid out of the $150,000 budget described above.
BE IT FURTHER RESOLVED, that the total salary cost of the three part-time temporary summer positions are not to exceed a total cost $6,930 (including FICA) through July 31, 2005, as follows:
Temporary Positions Cost Not to Exceed Summer Enrichment Assistant $2024 Summer Enrichment Assistant $2024 Summer Enrichment Coordinator $2882 Total $6930
BE IT FURTHER RESOLVED, that the County Controller be authorized to amend the 2004/05 Ingham County MSU Extension budget to account for the MFIA grant and any subcontracts related to the grant.
BE IT FURTHER RESOLVED, that the Chairperson of the Ingham County Board of Commissioners and the County Clerk are authorized to sign any necessary contract documents consistent with this resolution and approved as to form by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Weatherwax-Grant, Celentino, Dedden, Holman, Severino Nays: None Absent: None Approved 4/18/05
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas Nays: None Absent: Dougan Approved 4/20/05
APRIL 26, 2005 Agenda Item No. 13
Introduced by the Human Services, County Services, and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION TO AUTHORIZE ADJUSTMENTS TO THE BUDGET AND STAFFING FOR THE OFFICE FOR YOUNG CHILDREN
RESOLUTION #05-
WHEREAS, the UAW-GM National Center for Human Resources has for seven years provided financial support to the Office for Young Children (OYC), to provide child care information and referral services for the hourly auto workers represented by UAW-GM Locals #602, 652, 1618 and 1753 in Lansing area GM plants; and
WHEREAS, the UAW-GM support is actualized through an agreement between the Michigan Community Coordinated Child Care Association and Ingham County authorized in Resolution #90-178; and
WHEREAS, the approved 2005 OYC budget anticipated $333,133 in support from UAW-GM; and
WHEREAS, because of national restructuring of human resources benefits, UAW-GM is only able to offer $188,509 for these services in 2005; and
WHEREAS, the OYC staff has developed a plan to accommodate the loss in revenue by holding open three existing vacant positions; and
WHEREAS, the Health Officer has recommended that the Board of Commissioners adjust the Health Department’s 2005 Budget to recognize the loss of revenue and similarly adjust anticipated expenditures in salary and benefit costs.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes the Controller to adjust the 2005 Office for Young Children Budget to implement this resolution by reducing the UAW-GM revenue by $144,624 and reducing the OYC expenses by a similar amount by holding open three vacant OYC positions (HLHOYC022, HLHOYC018, and HLHOYC014).
BE IT FURTHER RESOLVED, the Board Chairperson is authorized to sign the four attachments to the Michigan-4C Association agreement, as authorized in Resolution #90-178, after review by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Weatherwax-Grant, Celentino, Dedden, Holman, Severino Nays: None Absent: None Approved 4/18/05
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers Nays: None Absent: None Approved 4/19/05
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan Nays: None Absent: None Approved 4/20/05
APRIL 26, 2005 Agenda Item No. 14
Introduced by the Human Services, County Services and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION TO REORGANIZE WORK IN THE BUREAU OF ENVIRONMENTAL HEALTH
RESOLUTION #05-
WHEREAS, Dean G. Sienko, M.D., Medical Director was assigned responsibility for oversight of the Bureau of Environmental Health in 2004; and
WHEREAS, James Wilson, R.S., MPH was appointed Environmental Health Director in September 2004; and
WHEREAS, Dr. Sienko and Mr. Wilson have conducted an assessment of the assigned duties and responsibilities of the Bureau and the staffing and other resources of the Bureau and have found deficits; and
WHEREAS, Dr. Sienko and Mr. Wilson have developed a plan to reorganize the work of the Bureau and within the existing financial resources to provide adequate staff and support to responsibly implement all the duties and responsibilities currently assigned; and
WHEREAS, the Human Resources Director has recommended a salary grade for the new classification and the ICEA has reviewed the plan and has indicated its support; and
WHEREAS, the Health Officer has reviewed the plan and has recommended that the Board of Commissioners approve the actions to implement the plan.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners indicates its support for the effort to reorganize the work of the Bureau of Environmental Health.
BE IT FURTHER RESOLVED, that the Board establishes a new classification within the Bureau of Environmental Health: Environmental Health Specialist, ICEA Pro 04.
BE IT FURTHER RESOLVED, that the allocation of positions within the Bureau of Environmental Health shall be modified from the current allocation, effective May 1, 2005, as follows:
Classification Current Recommended
Director 1 1 Programs Supervisor 3 2 Sanitarian I 0 7 Sanitarian II 15 5 Sanitarian III 1 2 E.H. Specialist 0 6 E.H. Assistant 1 0 Community Health Rep III 1 1 Health Program Assistant 1.5 1.5
Total 23.5 25.5
APRIL 26, 2005 Agenda Item No. 14
RESOLUTION #05-
BE IT FURTHER RESOLVED, that no current employee shall be reduced in salary grade and that movement to the new allocation shall be implemented as positions become vacant.
HUMAN SERVICES: Yeas: Hertel, Weatherwax-Grant, Celentino, Dedden, Holman, Severino Nays: None Absent: None Approved 4/18/05
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers Nays: None Absent: None Approved 4/19/05
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan Nays: None Absent: None Approved 4/20/05
APRIL 26, 2005 Agenda Item No. 15
Introduced by the Human Services and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION TO AMEND RESOLUTION # 05-016 AND EXPAND OUTREACH FUNDING FROM THE INGHAM HEALTH PLAN
RESOLUTION #05-
WHEREAS, Resolution # 05-016 authorized an amendment to the Medical Services Agreement with the Ingham Health Plan Corporation to implement a community based outreach program; and
WHEREAS, the Ingham Health Plan Corporation desires to expand the funding for outreach from the $30,000 authorized in Resolution # 05-016 to $50,000; 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 Resolution # 05-016.
BE IT FURTHER RESOLVED, that the amendment shall increase from $30,000 to $50,000 the amount of funds made available to Ingham County by the Ingham Health Plan Corporation for the purpose of subcontracting with community and neighborhood organizations to implement grass root outreach activities to identify persons eligible for the Ingham Health Plan and to implement the actions necessary to enroll those persons.
BE IT FURTHER RESOLVED, that the Board Chairperson is authorized to sign the amendment to the Medical Services Agreement and the subcontracts with community organizations to implement outreach services after review by the County Attorney.
HUMAN SERVICES: Yeas: Hertel, Weatherwax-Grant, Celentino, Dedden, Holman, Severino Nays: None Absent: None Approved 4/18/05
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan Nays: None Absent: None Approved 4/20/05
APRIL 26, 2005 Agenda Item No. 16
Introduced by the Human Services, County Services, and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION TO CREATE A THREE-QUARTER TIME HEALTH PLAN ASSISTANT POSITION
RESOLUTION #05-
WHEREAS, the Bureau of Health Plan Management serves the administrative needs of the Ingham Health Plan Corporation and several other county health plans; and
WHEREAS, the work of the Health Plan Management Bureau continues to grow, including the recent addition of Livingston County Health Plan; and
WHEREAS, the Bureau contributes more than $700,000 annually to the bottom line of the Health Department, offsetting the need for County General Fund support; and
WHEREAS, the Bureau requires some additional secretarial support to monitor its multiple relationships and support the management staff; and
WHEREAS, the Health Officer has recommended that an existing full-time/shared-time Health Plan Management Assistant position be changed to create one three quarter-time position, resulting in an increase of a one-quarter time position.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes the creation of a three-quarter time Health Plan Management Assistant position (UAW TOPS E) and appoints Carolyn Redman, an existing Health Plan Management Assistant employee to that position.
BE IT FURTHER RESOLVED, that one-half of the full-time/shared-time Health Plan Management Assistant position (HLHEDC012) be held vacant.
BE IT FURTHER RESOLVED, that the Controller is authorized to adjust the Health Department’s 2005 budget by recognizing an additional $9,685 in revenue from the Ingham Health Plan Corporation.
HUMAN SERVICES: Yeas: Hertel, Weatherwax-Grant, Celentino, Dedden, Holman, Severino Nays: None Absent: None Approved 4/18/05
COUNTY SERVICES: Yeas: Celentino, Copedge, De Leon, Schor, Severino, Vickers Nays: None Absent: None Approved 4/19/05
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan Nays: None Absent: None Approved 4/20/05
APRIL 26, 2005 Agenda Item No. 17
Introduced by the Judiciary and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION TO AUTHORIZE THE CONTROLLER TO ADVERTISE FOR AND SEEK PROPOSALS FOR A FEASIBILITY AND NEEDS STUDY FOR A JUVENILE TREATMENT CENTER
RESOLUTION #05-
WHEREAS, a Juvenile Millage was approved by the voters of Ingham County in November of 2002 for the purpose of funding an increase to Ingham County’s capacity to detain and house juveniles who are delinquent or disturbed, and to operate new and existing programs for the treatment of such juveniles; and
WHEREAS, the 30th Circuit Court/Family Division has developed a proposal to conduct a Feasibility and Needs Study as the first step for the possible development of a treatment facility to increase the capacity of the County to detain and treat delinquent and disturbed youth which the court believes to be consistent with the provisions of the millage proposal approved by the voters; and
WHEREAS, the Ingham County Board of Commissioners, at the request of the Ingham County Family Court Judges, the Youth Violence Prevention Coalition and the Ingham County Human Services Advisory Committee, desires to conduct a Feasibility and Needs Study for the possible development of a treatment facility for Ingham County delinquent and disturbed youth, including low, moderate and high risk youth; and
WHEREAS, the Study would be done in cooperation with the Ingham County Family Court, the Youth Violence Prevention Coalition and the Ingham County Human Services Advisory Committee and would include a review of:
the appropriate number of beds, the type of treatments and programming to be included at the facility, the adequate site, size, staffing and location of such a facility, the review of treatment needs which remain unmet, the review of programs and facilities already available in the County, the type of community partners to offer services at the facility.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes the Ingham County Controller to work with Juvenile Division staff to develop a Request for Proposals to conduct a Feasibility and Needs Study for the possible development of a treatment facility for Ingham County delinquent and disturbed youth as outlined in the "Continuum of Care Facility" plan submitted by the Family Court.
BE IT FURTHER RESOLVED, that the County Controller is authorized to expend up to $30,000 from Juvenile Justice Millage funds for such purposes and to amend the appropriate budgets.
BE IT FURTHER RESOLVED, that the Chairperson of the Ingham County Board of Commissioners and the County Clerk are authorized to sign any contract documents with an approved vendor not to exceed $30,000 as prepared by or approved as to form by the County Attorney consistent with this resolution
APRIL 26, 2005 Agenda Item No. 17
RESOLUTION #05-
JUDICIARY: Yeas: Holman, Weatherwax-Grant, Nolan, Swope, Schafer, Dougan Nays: None Absent: None Approved 4/14/05
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan Nays: None Absent: None Approved 4/20/05
APRIL 26, 2005 Agenda Item No. 18
Introduced by the Law Enforcement and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION AUTHORIZING AN ADDITIONAL APPROPRIATION FOR THE NECESSARY SITE PREPARATION WORK FOR THE INGHAM COUNTY RADIO COMMUNICATIONS SYSTEM PROJECT
RESOLUTION #05-
WHEREAS, the Ingham County Board of Commissioners adopted Resolution #03-324 to accept the M/A-COM Inc. Final System Design as recommended by the Ingham County 911 Advisory Committee and MLJ Consulting Inc. to replace and upgrade the Public Safety Radio Communications System in Ingham County; and
WHEREAS the Ingham County Board of Commissioners has approved funds associated with the necessary site preparation work for the Ingham County Public Safety Radio Communications System Project; and
WHEREAS, the Project Manager, MLJ Consulting Inc., has identified additional costs associated with the necessary site preparation work for the Ingham County Public Safety Radio Communications System Project; and
WHEREAS, the 911 Advisory Board is recommending that the Ingham County Board of Commissioners fund this request from the 911 Emergency Telephone Dispatch Services - Ingham County Public Safety Radio Communications System Project Budget Contingency Fund.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes an additional appropriation of $40,000 from the 911 Emergency Telephone Dispatch Services - Ingham County Public Safety Radio Communications System Project Budget Contingency Fund for a revised total of up to $90,000 for the costs associated with the necessary site preparation work
BE IT FURTHER RESOLVED, that any purchase, application, or contract documents necessary for the site preparation work for the Ingham County Radio Communications System Project are hereby authorized subject to the standard Ingham County Procurement Policies.
BE IT FURTHER RESOLVED, that the Chairperson of the Ingham County Board of Commissioners and the County Clerk are authorized to sign any necessary contract and /or application documents consistent with this resolution and approved as to form by the County Attorney.
LAW ENFORCEMENT: Yeas: De Leon, Nolan, Copedge, Thomas, Schafer, Vickers Nays: None Absent: None Approved 4/14/05
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan Nays: None Absent: None Approved 4/20/05
APRIL 26, 2005 Agenda Item No. 19
Introduced by the Law Enforcement and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION AUTHORIZING ADOPTION OF A NEW INTERLOCAL AGREEMENT FOR THE TRI-COUNTY METRO NARCOTICS SQUAD
RESOLUTION #05
WHEREAS, Ingham County participates with Eaton County, Clinton County, the City of Lansing, and the Michigan State Police in the Tri-County METRO Narcotics Squad; and
WHEREAS, the Attorney General’s Office and Counsel for the participating entities are recommending that the current contracts by the participating entities should be voided and replaced by a new agreement that better meets the requirements of the Urban Cooperation Act, MCL 124.501 et seq; and
WHEREAS, the new agreement also formally establishes a Contingency Fund that shall not exceed 1 ½ times the prior year Tri-County Metro Narcotics Squad budget.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby adopts the attached Interlocal Agreement for the Tri-County Metro Narcotics Squad which supersedes all current contractual agreements effective and subject to the agreement being approved and signed by the other participating entities including Eaton County, Clinton County, the City of Lansing, and the State of Michigan.
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes the one-time use of Metro contingency funds up to $24,003.87 to cover the shortfall in funding for a Sheriff’s Office Deputy due to the withdrawal of two local government contributors in Ingham County for the 2004/05 fiscal year.
BE IT FURTHER RESOLVED, that the Chairperson of the Ingham County Board of Commissioners and the County Clerk are authorized to sign the attached contract documents with no material changes to the agreement and upon approval as to form by the County Attorney.
LAW ENFORCEMENT: Yeas: De Leon, Nolan, Copedge, Thomas, Schafer, Vickers Nays: None Absent: None Approved 4/14/05
FINANCE: Yeas: Dedden, Swope, Hertel, Schor, Thomas, Dougan Nays: None Absent: None Approved 4/20/05
INTERLOCAL AGREEMENT FOR THE TRI-COUNTY METRO NARCOTICS SQUAD
WHEREAS, the Michigan Department of State Police (MSP), City of Lansing, County of Ingham, County of Eaton, County of Clinton, and Lansing Township ("participating entities") enter into this agreement pursuant to the Urban Cooperation Act, MCL 124.501 et seq.;
WHEREAS, the participating entities are desirous of establishing a cooperative task force by combining their investigative services, personnel, and/or resources for the purpose of enforcing narcotic and/or controlled substance laws and deterring related criminal activity; and
WHEREAS, the participating entities do not intend by this agreement to establish this task force or its command board as a separate legal or administrative entity under Section 7 (1) of the Urban Cooperation Act, MCL 124.507 (1) and have not therefore provided for or otherwise established such an entity by the terms of this agreement.
THEREFORE, in consideration of the mutual interest, obligations and promises herein contained, the participating entities hereto agree as follows:
ARTICLE I
OPERATIONAL PROCEDURES AND GUIDELINES
I. PURPOSE
The participating entities enter into this agreement to create the Tri-County Metro Narcotics Squad for the purpose of combining their efforts toward the enforcement of narcotic and controlled substance laws in the State of Michigan.
II. COMMAND BOARD
A Command Board shall be formed which will consist of the administrative heads, or their representatives, of the police agencies of the participating entities contributing law enforcement personnel to the Tri-County Metro Narcotics Squad, or meeting obligations of a participating entity as established in the bylaws , and the Prosecutors of Ingham, Eaton, and Clinton counties, or their representatives. The Command Board shall meet on matters concerning the day to day operations of the team. A quorum shall consist of a simple majority of the Command Board .
OPERATION POLICIES AND PROCEDURES
The Command Board shall adopt by-laws for the operational policies and procedures to be implemented and followed by the Tri-County Metro Narcotics Squad. IV. PERSONNEL AND COMPENSATION
All participating entities shall maintain at least one (1) full time police officer assigned to investigate criminal activity with the Tri-County Metro Narcotics Squad or at least one full-time assistant prosecutor assigned to specifically prosecute Tri-County Metro Narcotics Squad criminal cases and/or handle team forfeiture cases.
Each law enforcement officer or assistant prosecutor assigned to the Tri-County Metro Narcotics Squad by his/her participating entity's police agency or prosecutor’ s office shall remain an agent of that participating entity's police agency or prosecutor’s office and shall not be deemed an agent or employee of any other participating entity or prosecutor’s office. Each participating entity agrees that its officers assigned to the Tri-County Metro Narcotics Squad shall conform to all operating procedures established by MSP Official Orders, Special Investigative Division Policy Book, and MSP Field Services Bureau Policy Book, specifically including but not limited to, the handling of narcotic cases, confidential informants, evidence, and forfeiture procedures.
Personnel costs for sworn law enforcement officers and/or assistant prosecutors assigned to the Tri- County Metro Narcotics Squad, including wages, overtime, insurance, and other fringe benefits shall be provided for and paid by the participating entity supplying such personnel. The exception would be those personnel funded through grants or overtime funds allocated within the Tri-County Metro Narcotics Squad budget.
V. COMMANDER
The Michigan Department of State Police shall appoint a Tri-County Metro Narcotics Squad Commander who shall have the authority, as designated by the Department of State Police and the Command Board, to coordinate the operation of the Tri-County Metro Narcotics Squad. The Commander will arrange: 1) for the training of participating police personnel specifically related to drug investigations, 2) for the control and accounting of expenditures and property, and 3) for the filing of a quarterly report of the Tri-County Metro Narcotics Squad activity to each Command Board member. VI. LIABILITY AND INSURANCE
Liability insurance and/or legal representation and defense in civil suits against the Tri-County Metro Narcotics Squad personnel, a participating entity, and/or a participating entity’s representative on the Command Board for damages caused by any act(s) or omissions of the employee(s) within the scope of his/her authority and while in the course of his/her employment is the individual responsibility of each respective participating entity. A participating entity may provide liability insurance and/or legal representation for itself, for its personnel on the Tri-County Metro Narcotics Squad and/or for its representative on the Command Board.
A judgment for actual and/or punitive damages resulting from a civil suit(s) against a participating entity's personnel, a participating entity itself and/or a participating entity's representative on the Command Board, may be paid by the participating entity which supplied the personnel against whom a judgment entered and/or which appointed the representative against whom a judgment entered. No participating entity, the Tri-County Metro Narcotics Squad personnel, or Command Board representative is liable for or required to satisfy a judgment against another participating entity, that entity's personnel on the Tri-County Metro Narcotics Squad or that entity's representative on the Command Board. Further, the Tri-County Metro Narcotics Squad shall not indemnify assigned personnel, a participating entity, or its appointed representative to the Command Board for any claim or judgment referred to herein.
The sole purpose of this section (VI.) is to clarify the responsibilities of the participant entities to each other with respect to the provision of legal defense, liability insurance, and the payment of judgments. It is not intended to modify the provisions of any policies, procedures, or contract each participating entity may have relative to its employees.
VII. JURISDICTION
Any duly sworn police officer, while assigned to the Tri-County Metro Narcotics Squad and while working in furtherance of the purposes and activities of the Tri-County Metro Narcotics Squad, shall have the same powers, duties, privileges and immunities as are conferred upon him/her as a police officer in his/her own jurisdiction, and in any jurisdiction within the State. ARTICLE II FORFEITURE PROCEDURES AND DISPOSITION OF PROPERTY SEIZED
I. FORFEITURES PURSUANT TO THE CONTROLLED SUBSTANCE ACT
All property seized by the Tri-County Metro Narcotics Squad pursuant to MCL 333.7521 et seq., as amended, shall be maintained and handled pursuant to Michigan State Police guidelines under Michigan State Police Department policies, and will be recorded on the prescribed MSP forms. Property will be controlled, inspected, and disposed of according to MSP procedures.
When property is seized pursuant to said forfeiture act, an officer assigned to the Tri-County Metro Narcotics Squad seizing the property shall use the standard Michigan State Police Narcotics Forfeiture Forms. The Michigan State Police will be the Quartermaster and custodian of all property seized by the Tri-County Metro Narcotics Squad and will receive and maintain said seized property consistent with MSP policies.
In the event that property seized by the Tri-County Metro Narcotics Squad is subsequently forfeited, the property will be disposed of in accordance with MCL 333.7524. All property forfeited and the proceeds from the sale of said property, shall be used to enhance law enforcement efforts pertaining to the Controlled Substance Act.
In the event that it is necessary to file judicial forfeiture proceedings, the Ingham County Prosecutor shall file forfeiture proceedings for property seized by the Tri-County Metro Narcotics Squad. Said forfeiture proceedings shall be instituted in the name of the Ingham County Prosecuting Attorney.
The Ingham County Prosecuting Attorney, by and through his/her designated assistant prosecuting attorney, working in conjunction with the Tri-County Metro Narcotics Squad Commander, shall have the authority to establish sale prices, negotiate real estate transactions, accept bids, make counter-offers, sign deeds and other documents associated with the sale of real estate forfeited.
II. CUSTODIAN OF SEIZED AND FORFEITED MONIES AND PROPERTY
The City of Lansing shall be the custodian of all seized and forfeited monies for purposes stated under MCL 333.7524. All such money received by the City of Lansing shall be placed in a "Drug Law Enforcement Fund 265 Account." The City shall establish two such accounts: (1) A "Pending" non-adjudicated forfeiture account in which shall be placed all seized (except evidence) monies prior to settlement or judicial adjudication. Monies shall not be disbursed from said “Pending” account unless the City receives an Administrative Order (Declaration of Administrative Forfeiture), a Stipulation of Out-of-Court Settlement, a Judgment of Forfeiture, or a Court Order authorizing the release of said monies; (2) A "Revenue" account which shall contain forfeited monies, proceeds from the sales of forfeited real and personal property, court ordered restitution receipts, and any other miscellaneous income received by the Tri-County Metro Narcotics Squad.
Property forfeited and used by the Tri-County Metro Narcotics Squad to enhance drug law enforcement shall be inventoried and otherwise accounted for by the City of Lansing (the information may come directly from the task force) on an ongoing basis.
All existing funds and/or property in the possession of the Tri-County Metro Narcotics Squad shall be transferred and utilized pursuant to and in accordance with the terms of this Agreement. III. DUTIES AND FUNCTIONS OF THE CITY OF LANSING
The City of Lansing shall perform those functions and exercise those powers and responsibilities set forth at MCL 333.7524 and is to receive funds obtained pursuant to MCL 333.7524, but only for the purposes specified under this agreement.
The City of Lansing, as the custodian of the seized and forfeited funds and property, shall comply with the terms of MCL 333.7524a with respect to the annual reports and audits required under that statute which pertain to the receipt and disbursement of forfeited property. Audit findings shall be submitted to each of the participating entities under this agreement.
The City of Lansing shall also prepare and submit to each participating entity under this agreement, at the beginning of each City of Lansing fiscal year, a proposed line item budget. The proposed budget shall include proposed allocation in response to requests for drug law enforcement support from each participating entity. This budget shall be adopted by the City of Lansing no later than May each year and submit the same to the participating entities for informational purposes.
The City of Lansing shall submit a quarterly report of the budget and expenditures regarding the requirements under this Agreement to the participating entities. Any participating entity may require additional reports upon written request. That information shall be provided within fifteen (15) calendar days after receipt of the request.
Notwithstanding any contrary provision, the City of Lansing shall adopt a budget, which provides for the payment of appropriated expenses from the drug forfeiture funds/property received pursuant to MCL 333.7524 and/or operational funds provided by local units of government prior to the expenditure of monies.
Payments for team expenses shall be made after receipt of appropriate documentation verifying the expenditures. If insufficient funds are available to pay for one-hundred percent (100%) of all operational expenses, then payment shall first be made for operating expenses to maintain the team operation (i.e.- building rent, utilities, phones, vehicle lease, etc). Any remaining funds shall then be used to make payment of the oldest outstanding bills first. Efforts shall be made to extend payment requirements on any remaining bills. Any balance owed shall be carried over until payment in full is made.
In the event of a complete termination of this agreement, any remaining expenses that cannot be paid in full by assets in the custody of the City of Lansing under this agreement shall be paid by the participating entities in proportion to the wage costs of full-time employee positions allocated, excluding grant funding, plus the proportionate amount of funds provided, if any, to the cooperative drug law enforcement effort in the preceding twenty-four (24) months by participating entities.
Any funds remaining after payment of all expenses that are received from drug forfeiture shall be used to enhance drug-related law enforcement efforts as indicated in MCL 333.7502 et seq., Michigan Public Health Code, Part 75 (drug enforcement).
ARTICLE III
ANNUAL FUNDING AND DISTRIBUTION
I. ANNUAL TEAM FUNDING AND DISTRIBUTION OF FORFEITURE REVENUES
The operating cost of the Tri-County Metro Narcotics Squad shall be determined and provided for as follows:
ARTICLE IV
WITHDRAWAL; TERMINATION
I. WITHDRAWAL FROM AGREEMENT
Any participating entity may withdraw from this agreement by providing not less than thirty (30) days prior written notice to each of the participating entities. The agreement may be terminated by joint action of all the participating entities at any time.
II. DISTRIBUTION OF FORFEITURE ASSETS UPON WITHDRAWAL
In the event that any participating entity withdraws from this agreement, any assets which have been retained by the City of Lansing shall remain in the custody of the City and shall be disposed of as provided in the bylaws and in accordance with MCL 333.7524.
III. DISTRIBUTION OF FORFEITURE ASSETS UPON TERMINATION
In the event of a complete termination of this agreement, any remaining assets shall be distributed to each of the participating entities. That distribution shall be proportionate to the number of full-time employee positions allocated, excluding grant funded positions, plus the proportionate amount of funds provided, if any, to the cooperative drug law enforcement effort in the preceding twenty-four (24) months by participating entities.
ARTICLE V
ADDITIONAL ENTITIES; AMENDMENTS
I. ADDITION OF PARTICIPATING ENTITIES TO THIS AGREEMENT
A public agency, which meets the definition of a public agency in Section 2(e) of the Urban Cooperation Act, MCL 124.502 (e) and has law enforcement powers, may join in this agreement, without amendment, by having its authorized representative execute and date a signature page to this agreement in the form of Attachment No. 1, provided that such addition is approved in writing on the signature page by representatives of each of the current participating entities. The executed signature page shall be filed with the Office of the Great Seal of the Michigan Department of State and with the county clerks of each county of the participating entities of the Tri- County Narcotics Squad and upon such filing the addition of such public agency as a participating entity to this agreement shall be effective. (See sample Attachment No. 1 on next page)
II. AMENDMENTS
Other amendments to this interlocal agreement may be made upon approval of all participating governmental entities and signatures of the appropriate representative of each said governmental entity. Any amendment, other than the addition of a participating entity, shall be processed and filed in the same manner as the original interlocal agreement, including submission of the amendment to the Governor for review and approval.
In either of the above situations, a new interlocal agreement would not be required.
Attachment No. 1 to the ______[name of agreement]
Michigan Department of State Police
Date: ______Tadarial J. Sturdivant- Director
Ingham County Board of Commissioners
Date: ______Mark Grebner- Board Chairperson
Eaton County Board of Commissioners
Date: ______Leonard Peters- Board Chairperson
Clinton County Board of Commissioners
Date: ______John Arehart- Board Chairperson
City of Lansing
Date: ______Antonio Benavides- Mayor
Charter Township of Lansing
Date: ______John Daher- Township Supervisor
Although the county sheriff(s), county prosecutor(s) and local police chief(s) are not parties to the agreement and aren't required to sign the agreement, they may sign as acknowledgement of their role as described in the agreement.
Ingham County Sheriff’s Office
Date: ______Gene Wriggelsworth- Sheriff
Eaton County Sheriff’s Office
Date: ______Michael Raines- Sheriff
Clinton County Sheriff’s Office
Date: ______Wayne Kangas- Sheriff
Lansing Police Department
Date: ______Mark Alley- Chief of Police
Lansing Township Police Department
Date: ______Kay Hoffman- Chief of Police
Ingham County Prosecutor’s Office
Date: ______Stuart Dunnings III- Prosecuting Attorney
Eaton County Prosecutor’s Office
Date: ______Jeffery Sauter- Prosecuting Attorney
Clinton County Prosecutor’s Office
Date: ______Charles Sherman- Prosecuting Attorney
APRIL 26, 2005 Agenda Item No. 20
Introduced by the Law Enforcement Committee of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION TO AUTHORIZE PARTICIPATION IN THE MICHIGAN EMERGENCY MANAGEMENT ASSISTANCE COMPACT
RESOLUTION #05-
WHEREAS, the State of Michigan Emergency Management Act, Act 390 of the Public Acts of 1976, as amended M.C.L. 30.401 et. seq., authorizes the State and its political subdivisions to provide emergency aid and assistance in the event of a disaster or emergency; and
WHEREAS, the statutes also authorize the State to coordinate the provision of any equipment, services, or facilities owned or organized by the State or its political subdivisions for use in the affected area upon request of the duly constituted authority of the area; and
WHEREAS, this Resolution authorizes the request, provision, and receipt of inter-jurisdictional mutual assistance in accordance with the Emergency Management Act, Act 390 of the Public Acts of 1976, as amended, among political subdivisions within the State; and
WHEREAS, the Ingham County Sheriff’s Office\Emergency Operations Division has identified a need to participate in the Michigan Emergency Management Assistance Compact.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners approves the participation of Ingham County in the Michigan Emergency Management Assistance Compact in order to maximize the prompt, full and effective use of resources of all participating governments in an event of an emergency or disaster and adopts the Michigan Emergency Management Assistance Compact which is attached hereto and incorporated by reference.
BE IT FURTHER RESOLVED, that all current Ingham County mutual aid agreements will be amended to include the following language: “When the financial burden of supplying local mutual aid surpasses our budgetary capacity, we may mutually agree to transition to enacting the MEMAC for mutual assistance purposes.”
BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes the Board Chairperson and the County Clerk to sign any necessary contract documents that are consistent with this resolution and approved as to form by the County Attorney.
LAW ENFORCEMENT: Yeas: De Leon, Nolan, Copedge, Thomas, Schafer, Vickers Nays: None Absent: None Approved 4/14/05