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HomeMy WebLinkAbout94-211 Resolution No. 94-211 RESOLUTION AUTHORIZING EXECUTION OF AN INTERAGENCY AGREEMENT WITH THE KANE COUNTY BOARD OF HEALTH BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, be and is hereby authorized and directed to execute an Interagency Agreement on behalf of the City of Elgin with the Kane County Board of Health for a lead poisoning prevention program, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 27, 1994 Adopted: July 27, 1994 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk o Resolution 94 - / 1 AGREEMENT BETWEEN The Kane County Health Department and The City of Elgin for services related to the Childhood Lead Poisoning Prevention Program; WHEREAS, the Kane County Health Department has been approved by the Illinois Department of Public Health as the Delegate Agency for Kane County to carry out the provisions of the Lead Poisoning Prevention Act; WHEREAS, the City of Elgin has designated its Department of Code Administration to enforce its building code through regular inspections : and WHEREAS, the Kane County Board of Health and the City of Elgin are willing to join together to implement a program to inspect residences within the corporate limits of the City of Elgin wherein which children with elevated blood lead levels reside and to recommend environmental remediation plans for such residences; and WHEREAS, the City of Elgin is willing to direct its Public Health inspectors to perform environmental inspections for lead-based paint. THEREFORE, IT IS AGREED, that the Kane County Health Department shall have the following duties: 1 . To promulgate criteria for inspections and reinspections based on standards established by the Centers for Disease Control and the Illinois Department Of Public Health for residences occupied or frequented by: a. a child receiving chelation therapy for lead poisoning whose physician requests an inspection to determine if the child should be removed from the dwelling or residential building due to a lead hazard; b. a child with confirmed lead poisoning at or above 20 mcg/dL, at the request of the Department of Children and Family Services; c. a child with confirmed lead poisoning at or above 45 mcg/dL. 2 . To conduct regular lead screening programs within the corporate limits of the City of Elgin for children between the ages of six (6) months and six (6) years of age; 3. To inform the City of Elgin of the residential address of any and all children determined to have elevated blood lead levels per Health Department criteria; 4 . To provide training for all participating health inspectors in lead detection, environmental assessments, and in the use of lead detection equipment; 5 . To provide for the regular use of lead paint analyzer equipment; 6 . To reimburse the City of Elgin $5,075.00 to be paid to the City in equal monthly installments over the period of this agreement in the amount of $422 . 92 . The monthly installments for the retroactive portion of this contract, namely, the months of December 1993 through June, 1994, shall be paid in a lump sum payment in the amount of $2960 .44 upon execution of this agreement. BE IT FURTHER AGREED that the City of Elgin shall have the following duties : 1. To conduct an initial environmental assessment of the residence and property of any child between the ages of six (6) months and six (6) years of age who is identified by the Kane County Health Department as having elevated blood lead levels based on standards established by the Centers for Disease Control and the Illinois Department of Public Health; 2 . Conduct environmental assessments on a maximum of ninety (90) lead poisoning cases over the period of the agreement. 3. To develop a written environmental remediation plan for the owner(s) of any and all residences and properties determined to contain leaded substance dangerous to children; 4 . To provide information to residents of contaminated residences and properties regarding environmental changes or abatement procedures; 5. To provide follow-up environmental assessments and compliance of residences with leaded substances considered dangerous to children until abatement/remediation has been completed according to Health Department protocols; 6 . To complete all documentation and reports for all services as requested by the Kane County Health Department; 7 . To require no user fees for inspection services provided. 2 It is further agreed that this Agreement: 1 . Upon execution, shall be deemed in effect retroactively to December 1, 1993, and shall terminate on November 30, 1994, at which time the City of Elgin obligations hereunder shall cease. 2 . May be terminated by either party for one or more of the following causes: a. Lack of local, state, or federal funding as determined by the governing body thereof; b. Inadequate or non-performance of contractual requirements . Termination notice must be received at least sixty (60) days prior to the date of termination. Such notice shall be sent by Certified Mail to The Kane County Health Department, 210 South Sixth Street, Geneva, Illinois, 60134 . 3. Shall be governed in all respects by the laws of the State of Illinois . August Effective this 10 th day of ,3mt(y, 1994 . CUOLLIA<IiiiatA . Chairman, Kane Co. Bo of Health Ma •. , City of Elgin Kane County, Illinois 3 r E1n Agenda Item No . ti 9 Pa� 1e ��r o c+ May 4, 1994 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Termination of the Interagency Agreement Between the State of Illinois Public Health Department and the City of Elgin and Request to Enter Into A Limited Interagency Agreement with Kane County for A Lead Poisoning Prevention Program PURPOSE To terminate the City of Elgin's participation in the enforcement of the Lead Poisoning Prevention Act by relinquishing enforcement of the program to the Kane County Board of Health (the State's delegate) . BACKGROUND On February 14, 1983, the City Council adopted a cooperative agreement with the Illinois Department of Public Health (IDPH) for the administration of a lead poisoning prevention program (see attachment 'A' ) . The IDPH has stated that if the Elgin Health Department continues the program it must sign an interagency agreement with the State's delegate agency, the Kane County Board of Health. The Lead Poisoning 'Prevention ' Act has been amended to incorporate guidelines developed by the United States Department of Housing and Urban Development (HUD) . These guidelines will more than double the time spent per case (from approximately 5 hours to 10 hours) . Documentation, destructive sampling, and increased follow-up during the abatement process would account for this time increase. For. example, in 1990, the City of Elgin's Health Division conducted a lead-based paint sampling program for the Elgin Housing Authority following HUD guidelines. The average staff hours spent per apartment was approximately 18 hours. Fredric Carlson, Kane County Director of Environmental Health, has stated that the County is taking over the case management portion of the program from the Well Child Conference in January of 1994 . This portion of the program requires home visits by a public health nurse to investigate the child's environment, in addition to the sanitarian's investigation procedure. - When Mr. Carlson was notified of the City's intent to abandon the Lead Abatement Program, thus requiring the County to assume this responsibility, he stated that he could not handle the case load until additional staff is hired and trained, and that this is not anticipated until the 1995 fiscal year. In the interim, the IDPH is requiring that an interagency agreement be executed between the County and the City of Elgin (see attachment 'B' ) . This agreement states that the City of Elgin will administer the Lead Poisoning Prevention Act through November 30, 1994, to a maximum of 90 cases. Kane County will pay the City of Elgin $5,075.00 in equal monthly installments. Joel Webb and Paul Slaby of the Department of Code Administration met with Joanne Nesler and Kathy Busic of the Well Child Conference to discuss the City terminating their participation in the Lead Abatement Program. Ms. Nesler stated that she understood the City's position in the matter but is very concerned for a possible potential drop-off in the level of service and response with which she is presently satisfied. Mr. Webb stated that he cannot respond to the County's administration of the program, but that the City will provide uninterrupted service at its present level until the County is able to administer the program. At a special meeting on September 14, 1993, the Board of Health was presented with the plan to terminate and voted to approve. This item was presented at a Committee of the Whole meeting on December 16, 1993. At that time a motion was made to sign an agreement with the Kane County Board of Health to administer the program until December 31, 1994 at which time the City's obligations will cease and the responsibility for the lead abatement program will be assumed by the Kane County Board of Health. While attempting to obtain signed copies of this agreement from the Kane County Board of Health, Fredric Carlson stated that the agreement had to be changed to include the amount of money to be reimbursed to the City of Elgin and the date of termination had to be changed to coincide with the end of their fiscal year. FINANCIAL IMPACT * The City of Elgin will spend $2,000-$2,500 in 1994 on the maintenance of the paint analyzer, which includes a new cobalt source, battery, and calibration of the unit. However, there will be a savings in subsequent years of $15,000 on the purchase of a lead-paint analyzer that would have been needed to replace the lead-paint analyzer presently on loan from the Illinois Department of Public Health. The City of Elgin will receive $5,075.00 in equal monthly installments of $422 .92 each over the period of this agreement. The monthly installments for the retroactive portion of this contract, namely, the months of December 1993 through April 1994, will be paid in a lump sum payment upon execution of the agreement. This reimbursement is "per case" and is the same whether inspection staff visits a site one time or the typical four to eight times . The staff must become certified lead inspectors and must maintain their certification through continuing education. The cost to become a certified lead inspector is waived for public health officials. In subsequent years the cost for continuing education credits would range from $25 - $600 dependant upon the course being given by the IDPH or by the private sector. The remaining cost to the City would be in staff hours devoted to the lead program. Assuming 85 lead cases per year, a potential average of 850 staff hours could be directed into the food program or other environmental services after 1994 . This is critical since the IDPH has issued a notice of emergency rules that requires three (3) inspections per year for high risk food service facilities. Also, Elgin has experienced a net increase of 22 food service facilities over the past four years with no increase to the Health Division staff. By relinquishing the Lead Poisoning Prevention program the City's Environmental Health Division could be more aggressive in the food sanitation program. LEGAL IMPACT None. RECOMMENDATION The Board of Health and staff recommends that an interagency agreement be executed with a termination date of November 30, 1994 at which time the City's obligations will cease and the responsibility for the lead abatement program will be assumed by the Kane County Board of Health. Respectfully submitted, Richard B. ` Helwig, City Manager PS/PS emk