HomeMy WebLinkAboutResolutions - 2012.03.22 - 20092March 22, 2012
REPORT (misC. 1112060)
BY: Human Resources Committee, John A. Scott, Chairperson
RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF
FACILITIES MANAGEMENT — TRANSFER OF OAKLAND COUNTY FARMERS'
MARKET AND FLEA MARKET
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the aforementioned
resolution on March 14, 2012 Reports with the recommendation the resolution be
adopted.
Chairperson, on behalf of the Human Resources Committee, I move the
acceptance of the foregoing Report.
HUMAN RESOURCES COMMITTEE
HUMAN RESOURCES COMMITTEE VOTE
Motion carried unanimously on a roll call vote with Zack absent.
MISCELLANEOUS RESOLUTION #12060 March 22, 2012
BY: PLANNING AND BUILDING COMMITTEE, DAVID POTTS, CHAIRPERSON
IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES
MANAGEMENT — TRANSFER OF OAKLAND COUNTY FARMERS' MARKET AND FLEA MARKET
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS acting pursuant to 1923 P.A. 60, as amended by 1952 P.A. 131, the Oakland County
Board of Commissioners established the Oakland County Farmers' Market (Farmers' Market); and
WHEREAS upon the adoption of the Optional Unified Form of County Government Act, 1973 P.A.
139, (Act 139) pursuant to Section 13 of Act 139, the Farmers' Market operation was placed under the
operational control of the County Executive, Department of Facilities Management, Facilities Maintenance
& Operations (FM&O) Division; and
WHEREAS acting under the authority of 2009 Public Act 158, the Oakland County Board of
Commissioners adopted Miscellaneous Resolution #09328 authorizing the establishment of the Oakland
County Flea Market (Flea Market) with said market being placed under the control of the County
Executive pursuant to MCL 46.193(2); and
WHEREAS under the authority of 1965 P.A. 261, the Oakland County Board of Commissioners
established the Oakland County Parks and Recreation Commission (OCPRC), with said Commission
being under the general control of the Board of Commissioners; and
WHEREAS Section 8 of 1965 P.A. 261, MCL 46.358, grants OCPRC the authority, in the name
of the County, to acquire property by agreement for public parks, preserves and recreation centers; and
WHEREAS the County Executive and OCPRC believe that consolidation of the operation and
control of both the Farmers' Market and the Flea Market under the management of OCPRC presents
Oakland County with the opportunity to provide cost-effective, long term sustainability for both Farmers'
Market and Flea Market operations, while also providing a unique opportunity for the continued growth
and development of both markets as part of a comprehensive recreation, conservation and agricultural
preservation program; and
WHEREAS the operation and management of the Farmers' Market and Flea Market aligns with
all aspects of the OCPRC mission statement by encouraging healthy lifestyles, supporting economic
prosperity, and promoting the protection of natural resources, while at the same time providing high
quality recreational experiences; and
WHEREAS in order to further the development of this unique recreational, economic,
conservation and preservation opportunity, the County Executive offers to transfer to OCPRC his
functions under MCL 46.193(2) in regard to the Flea Market; and
WHEREAS, the County Executive's authority to agree to the transfer of his administrative and
control functions over the Flea Market is rooted in 1963 Const. art VII, § 28, in 1967 P.A. 8, and/or in
1973 P.A. 139, MCL 45.546; and
WHEREAS under Section 14 of Act 139, MCL 45.564(a), upon a majority vote of the Board of
Commissioners and the affirmative recommendation of the elected County Executive, and following a
public hearing, the Board of Commissioners may transfer the function of operating the Farmers' Market
from the County Executive to OCPRC; and
WHEREAS a preliminary business plan to transfer the Farmers' Market and Flea Market to
OCPRC was presented and approved by OCPRC at its February 1, 2012 meeting; and
WHEREAS under OCPRC-approved preliminary business plan, OCPRC, on behalf of the County,
will be entitled to receive in support of market operations 100% of all Farmers' Market and Flea Market
revenues and will be responsible for all future maintenance and improvements to the Farmers' Market
and Flea Market building/structures, both inside and out, including the parking lot; and
WHEREAS, as with other County operations, FM&O will bill OCPRC for utility costs and charges
for requested maintenance services: and
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with McGillivray absent.
Motion for direct referral to the Human Resources and Finance Committees carried unanimously on a roll
call vote with McGillivray absent.
WHEREAS under the OCPRC-approved business plan, as part of the consideration for the
OCPRC accepting the transfer of administrative control and responsibility for the Farmers' Market and
Flea Market, FM&O will continue to provide maintenance and grounds services at the market facility
located at 2350 Pontiac Lake Road, Waterford, Michigan, at no charge to OCPRC through September 30,
2012; and
WHEREAS FM&O and OCPRC will collaborate on grounds, snow plowing and other
maintenance services for other properties, particularly where FM&O and OCPRC properties are adjacent
to one another; and
WHEREAS the Facilities Management Department is requesting to delete one (1) proprietary
funded part-time eligible Market Master position in the FM&O Pontiac Market Unit #1040730-02868,
effective June 2, 2012; and
WHEREAS it is requested to delete Unit #1040730 Pontiac Market from the Facilities
Maintenance & Operations Division, Department of Facilities Management, effective June 2, 2012; and
WHEREAS a new unit titled PR Oakland County Market (#5060540) be created in the Parks and
Recreation Department; and
WHEREAS the Parks and Recreation Department is requesting to create a new classification
titled Assistant Parks Supervisor at salary grade 10, overtime non-exempt and shall be exempted from
Merit Rule 2.10.1.2 and be eligible for overtime after 40 hours in a work week to accommodate a flexible
work schedule due to the hours of market operations; and
WHEREAS the Parks and Recreation Department is requesting to create a new proprietary
funded full-time eligible Assistant Parks Supervisor position in the PR Oakland County Market Unit
(#5060540).
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners reaffirms and
acknowledges its actions to establish and maintain the Farmers' Market and the Flea Market under Public
Act 158 of 2009, MCL 46.191, et seq.
BE IT FURTHER RESOLVED that the Board of Commissioners accepts and authorizes the
transfer of the Farmers' Market operation from FM&O, to OCPRC effective June 2, 2012.
BE IT FURTHER RESOLVED that the Board of Commissioners, having general control of
OCPRC, accepts and approves the transfer of the County Executive's administrative and operational
control functions over the Flea Market to OCPRC effective June 2, 2012.
BE IT FURTHER RESOLVED that the Board of Commissioners, in accordance with the OCPRC-
approved business plan, agrees that OCPRC will be entitled to receive in support of market operations
100% of all Farmers' Market and Flea Market revenues; agrees that OCPRC will be responsible for all
future maintenance and improvements to the Farmers' Market and Flea Market buildings/structures, both
inside and out, including the parking lot; agrees that, as with other County operations, FM&O will bill
OCPRC for utility costs and charges for requested maintenance services; and agrees that as part of the
consideration for OCPRC accepting the transfer of administrative control and responsibility for the
Farmers' Market and Flea Market, that FM&O will provide maintenance and grounds services at the
market facility located at 2350 Pontiac Lake Road, Waterford, Michigan, at no charge to OCPRC through
September 30, 2012.
BE IT FURTHER RESOLVED that one (1) proprietary funded part-time eligible Market Master
position (#1040730-02868) be deleted effective June 2, 2012.
BE IT FURTHER RESOLVED that Unit #1040730 Pontiac Market, Facilities Maintenance &
Operations Division, Department of Facilities Management, is deleted effective June 2, 2012.
BE IT FURTHER RESOLVED that a new unit titled PR Oakland County Market (#5060540) be
created in the Parks and Recreation Department.
BE IT FURTHER RESOLVED that a new classification titled Assistant Parks Supervisor be
created at a salary grade 10 overtime non-exempt and shall be exempted from Merit Rule 2.10.1.2 and be
eligible for overtime after 40 hours in a work week.
BE IT FURTHER RESOLVED that one (1) proprietary funded full-time eligible Assistant Parks
Supervisor position be created in the PR Oakland County Market Unit (#5060540).
BE IT FURTHER RESOLVED that the Oakland County Farmers' Market and Flea Market,
including their operations, grounds, buildings, structures and parking, hereby be referred to as the
Oakland County Market.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
FISCAL NOTE (MISC . #12060) March 22, 2012
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT -
TRANSFER OF OAKLAND COUNTY FARMERS' MARKET AND FLEA MARKET
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The resolution authorizes the transfer of the Oakland County Farmers Market and Flea
Market from the County Executive, Department of Facilities Management, to the Oakland
County Parks and Recreation Commission (OCPRC) effective June 2, 2012 and will be
referred to as the Oakland County Market.
2, Effective June 2, 2012, OCPRC will be entitled to 100% of all Oakland County Market
revenues and OCPRC will be responsible for all future maintenance and improvements to the
Oakland County Market buildings/structures, both inside and out, including the parking lot.
3. Effective June 2, 2012, Facilities Maintenance and Operations (FM&O) will bill OCPRC for
utility costs and charges for requested maintenance services.
4. Facilities Maintenance and Operations agrees that as part of the consideration for OCPRC
accepting the transfer of administrative control and responsibility for the Oakland County
Market, that FM&O will provide maintenance and grounds services at the market facility
located at 2350 Pontiac Lake Road, Waterford, Michigan, at no charge to OCPRC through
September 30, 2012. Beyond that FM&O and OCPRC will collaborate on grounds, snow
plowing and other maintenance services for other properties, particularly where FM&O and
OCPRC properties are adjacent to one another,
5. One (1) proprietary funded part-time eligible Market Master position (#1040730-02868) is to
be deleted effective June 2, 2012; with unit #1040730 Pontiac Market to be deleted effective
June 2,2012.
6. One (1) proprietary funded full-time eligible Assistant Parks Supervisor be created at a salary
grade 10 overtime non-exempt for over 40 hours worked in a work week; new unit to be
created PR Oakland County Market Unit (#5060540) effective June 2, 2012.
7. The FY 2012, FY 2013, and FY 2014 budgets are amended as follows:
FM & 0 Fund 63100
Revenues:
1040702-132010-635025
1040702-132010-635090
1040702-132010-635225
1040702-140010-631134
1040702-140010-665882
FY2012 FY2013 FY2014
Ext-Annual Rent
Ext-Daily Stall Rental
Ext-Flea Market
Maint Dept Charges
Planned Use of Bal
Total
($54,000)
( 68,000)
( 6,000)
2,785
88,531
($36,684)
($57,500) ($57,500)
( 99,000) ( 99,000)
( 16,500) ( 16,500)
8,355 8,355
61,486 60,882
($103,159) ($103,763)
Expenditures
1040730-132010-702010
1040730-132010-712020
1040730-132010-712040
1040730-132010-722750
1040730-132010-722760
1040730-132010-722770
1040730-132010-722780
1040730-132010-722790
1040730-132010-722800
1040730-132010-722810
1040730-132010-722820
Salaries Regular
Overtime
Holiday Overtime
Workers Comp
Group Life
Retirement
Hospitalization
Social Security
Dental
Disability
Unemployment
($12,000) ($40,016) ($40,416)
( 6,000) ( 17,500) ( 17,500)
( 500) ( 500) ( 500)
( 14) ( 541) ( 541)
50 ( 10) ( 10)
8,100) ( 20,002) ( 20,167)
1,900) ( 3,875) ( 3,875)
900) ( 4,716) ( 4,755)
100) ( 215) ( 215)
100) ( 137) ( 137)
10) ( 152) ( 152)1
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Rental Facilities
Sales Pro Shop
Total
66,547
667
67,214
199,640 199,640
2,000 2,000
201,640 201,640
Salaries
Overtime
Fringe Benefits
Building Maintenance
Equipment Maintenance
Equipment Rental
Garbage and Rubbish Disp
Grounds Maintenance
Membership Dues
Miscellaneous
Personal Mileage
Printing
Travel and Conference
Custodial Supplies
Expendable Equipment
Merchandise
Office Supplies
Small Tools
Special Events
Uniforms
Info Tech Operations
Insurance Fund
Maintenance Department Chg 2,785
Telephone Communications 259
Contingency 2,976
67,214
18,236 54,708 54,708
667 2,000 2,000
17,375 47,037 47,037
8,092 24,275 24,275
333 1,000 1,000
167 500 500
367 1,100 1,000
8,933 26,800 26,800
117 350 350
333 1,000 1,000
167 500 500
167 500 500
267 800 800
919 2,757 2,757
1,700 5,100 5,100
167 500 500
83 250 250
300 900 900
167 500 500
40 120 120
1,000 3,000 3,000
1,597 4,790 4,790
8,355 8,355
777 777
14,021 14,021
201,640 201,640
1040730-132010-722850
1040718-140200-730786
1040730-132010-731346
1040719-141000-731878
1040730-132010-750063
1040718-140200-750063
1040719-141000-750287
1040730-132010-750399
1040730-132010-774667
1040730-132010-778675
Optical
Garbage Disposal
Personal Mileage
Sublet Repairs
Custodial Supplies
Custodial Supplies
Maintenance Supplies
Office Supplies
Insurance Fund
Telephone Comm
Total
( 10) ( 17) ( 17)
( 300) ( 900) ( 900)
( 400) ( 800) ( 800)
( 1,700) ( 5,100) ( 5,100)
( 250) ( 250) ( 250)
( 800) ( 2,400) ( 2,400)
( 200) ( 700) ( 700)
( 100) ( 100) ( 100)
( 3,100) ( 4,516) ( 4,516)
( 250) ( 712) ( 712)
($36,684) ($103,159) ($103,763)
Parks & Recreation 50800
Revenues:
5060540-160500-631925
5060540-160500-632037
Expenditures:
5060540-160500-702010
5060540-160500-712020
5060540-160500-722740
5060540-160500-730198
5060540-160500-730646
5060540-160500-730653
5060540-160500-730786
5060540-160500-730814
5060540-160500-731213
5060540-160500-731241
5060540-160500-731346
5060540-160500-731388
5060540-160500-732018
5060540-160500-750063
5060540-160500-750154
5060540-160500-750385
5060540-160500-750399
5060540-160500-750504
5060540-160500-750511
5060540-16000-750581
5060540-160500-774636
5060540-160500-774677
5060540-160500-775754
5060540-160500-778675
5060540-160500-730359
FINANCE COMMITTEE
Resolution #12060 March 22, 2012
Moved by Taub supported by Woodward the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward,
Zack, Bosnic, Covey. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
Tlid APPROVE THE OREGON :4:01))N
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 22,
2012, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 22 nd day of March, 2012.
Bill Bullard Jr., Oakland County