94-211 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
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