ADOPTED - APRIL 12, 2005

Agenda Item No. 17

 

Introduced by the County Services and Finance Committees of the:

 

INGHAM COUNTY BOARD OF COMMISSIONERS

 

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 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

ADOPTED - APRIL 12, 2005

Agenda Item No. 17

 

RESOLUTION #05-093

 

(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)

 

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

 

 

 

 

 

ADOPTED - APRIL 12, 2005

Agenda Item No. 17

 

RESOLUTION #05-093

 

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 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

 

ADOPTED - APRIL 12, 2005

Agenda Item No. 17

 

RESOLUTION #05-093

 

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