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Recreation Authorities - Redux And Other Tools for Multi-jurisdictional Collaboration Harry Burkholder, AICP Community Planner II 324 Munson Avenue Traverse City, MI 49686 231-929-3771 [email protected] February10, 2011

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Page 1: Recreation Authorities - Redux · Recreation Authorities - Redux. And Other Tools for Multi-jurisdictional Collaboration. Harry Burkholder, AICP. Community Planner II. 324 Munson

Recreation Authorities - ReduxAnd Other Tools for Multi-jurisdictional Collaboration

Harry Burkholder, AICPCommunity Planner II

324 Munson AvenueTraverse City, MI 49686

[email protected]

February10, 2011

Page 2: Recreation Authorities - Redux · Recreation Authorities - Redux. And Other Tools for Multi-jurisdictional Collaboration. Harry Burkholder, AICP. Community Planner II. 324 Munson

2011 Michigan Recreation and Park Association ConferenceRecreation Authorities

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What we’ll cover:

Why are communities considering options for cooperation?Part I.

Part II.

Part III.

Expert Panel Discussion - Learn from local leaders from across the state who have established a Recreation Authority

Questions

What are some of the barriers to cooperation?What are some of the options for cooperation and what’s right for your community?Recreational Authority Act (Public Act 321 of 2000: MCL 123.1131 et seq.)The millage option - can your community do it?

Handouts provided

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Why are communities considering options for cooperation?

Literature Touts the Value/Benefits of Recreation(physical, social, quality of life/place, economic impacts)

St. Louis: City Garden$25 Million

Dallas:$20 Million

Cost: $475 millionAnnual Visitors: 4 millionEstimated Economic Impact: Over $5 billion

Millennium Park - Chicago

Oklahoma City: $130 Million

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Why are communities considering options for cooperation?

Michigan’s Municipal Funding Crises In every year since 2000, the State has not fully returned revenue sharing, as required by state statuteSix consecutive years of cuts have left local communities more than $3 billion short of revenue sharing

Source: Michigan Municipal League

2009 Harris Interactive poll found current economic downturn spurred a sharp increase in public park and playground use

“Given all the circumstances, we need to look at service consolidation, service sharing between jurisdictions, how we can be more cost effective, how we can work better together.”

- Michigan Governor Rick Snyder; State of the State Address, January 2011

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Michigan Statewide Comprehensive Outdoor Recreation Plan (SCORP)2008 - 2012

Department of Natural Resources and Environment

Survey Findings (Recreation Administrators of communities who have recreation plans filed with the state)

Suggested Initiatives for Michigan: 1.More funding 2.Cooperation/collaboration 3.More advertising/marketing

$460 million needed for capital improvements - more than what’s available

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Projected Funding Sources for Capital Improvements• Approximately ¼ will come from tax dollars• Approximately ¾ will come from grants (state and other)

Over the last five years, the proportion of agencies increasing their dependence on user fees, millages and private gifts increased for each type of government

Over next five years, most local units of government expect to further increase their dependency on user fees, millages, private gifts and volunteers and decrease their dependency on general fund dollars

Survey Findings - Continued

Cooperation Is Essential!

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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What are some of the barriers to cooperation?

History of past disputesTurf (tax base protection)Lack of incentivesGeneral resistance to changeGain is too far out in time (not in my term of office)DistrustLack of shared visionFear of losing control

Fear of large governmentLack of knowledgeLack of leadershipUnequal partnersElectionsWin-lose attitudesWhere to startMore work to do

Elected officials may fear a loss of citizen visibilityService area may not be the same as election district

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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• Financial benefits - economies of scale, less duplication, easier for economic development

• More effective management of natural resources, recreation, & commercial development

• Strengthens common heritage & helps preserve sense of place• Plans are more defensible & better defended• Residents expect governments to work together

We need to work across jurisdictions to better understand the potential benefits

Overcoming the Barriers

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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What are some of the options for cooperation and

What’s right for your community?

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

Basic Cooperation Local Jurisdictions Adopt Joint Recreation Plan

• Coordinate on implementation

• Coordinate on funding (grant applications)• Especially useful in small communities

• Allows community to focus on resources that fall within both jurisdictions

Example: Fife Lake Community• Village of Fife Lake• Fife Lake Township

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Act Title Government Units Governing Body

1905 - PA 157 Township Parks and Places of Recreation Townships Board of Commissioners

1913 - PA 90 Parks, Zoological Gardens and Airports Counties County Park Trustees

1917 - PA 156 Recreation and Playgrounds Cities, Villages, Townships, Counties and School Districts Recreation Board

1929 - PA 312 Metropolitan District Act Cities, Villages, Townships, Counties and Parts Thereof Charter Commission

1965 - PA 261 County and Regional Parks Counties Parks and Recreation Commission

1989 - PA 292 Metropolitan Councils Act Cities, Counties, Villages and Townships

Metropolitan Area Council

Part 721 of 1994 - PA 451 Michigan Trailways Counties, Cities, Villages,

and TownshipsMichigan Trailway Management Council

1967 - PA 7 Urban Cooperation Act Counties, Cities, Villages, and Townships Recreation Board

2000 - PA 321 Recreational Authorities Act Cities, Counties, Villages, Townships and Districts Board of Directors

Michigan Enabling Legislation for Joint Provision of Recreation

2011 Michigan Recreation and Park Association Conference Recreation Authorities

Most Well Known: Huron-Clinton Metropolitan Authority - Act 147 of 1939

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County and Regional Parks Act[ Public Act 261 of 1965]

Allows a county (by resolution adopted by 2/3 vote of its board of commissioners) to establish a parks and recreation commission - to study and ascertain: 1. Park, preserve, parkway and recreation and other conservation

facilities;2. The need for such facilities and the extent to which needs are

being currently met; and 3. Prepare and adopt a coordinated plan of areas and facilities to

meet such needs.

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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County and Regional Parks Act[ Public Act 261 of 1965]

Powers of Parks and Recreation CommissionUnder Sections 46.355 - 46.367

The commission may plan, develop, preserve, administer, maintain, and operate parks and recreational places and construct/re-construct facilities

The commission may acquire property (by gift, purchase, lease, agreement and condemnation)

The commission may accept gifts, bequests, grants, contributions and appropriations

The commission may levy a tax (subject to vote of citizens), borrow money and issue bonds

The commission may charge and collect fees

Hire staff

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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County and Regional Parks Act [ Public Act 261 of 1965]

Membership - Parks and Recreation Commission

Under Section 46.351

The Parks and Recreation Commission shall be made up of 10 members:The chair of the county road commission or another road commissioner appointed by the road commission

The county drain commissioner or employee of the drain commission office

The county executive - if it is an elected position orThe chair of the county planning commission

Seven members appointed by the county board (at least one, but no more than three of whom shall be members of the county board of commissioners)

A neighborhood representative (only for counties with a population between 750,000 and 1,000,000)

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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County and Regional Parks Act[ Public Act 261 of 1965]

Joint Provisions

Under Section 46.352

The county board of commissioners of two or more contiguous counties, by resolution adopted by a 2/3 vote of the members of each board, may create a regional park and recreation commission

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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St. Clair County Parks and Recreation CommissionEstablished in 1995

Funded by .5 mills (approximately $3 million)

25% is distributed back to local units of government (based on population) for local parks, recreation facilities and programs

Manages county parks, non-motorized trails, specialized mobile recreation units for community events, and some special events

Millage renewed several times - 73% approval in August

Wadams to Avoca Trail

2011 Michigan Recreation and Park Association Conference Recreation Authorities

Between 1995 - 2010: $9.14 Million distributed to 33 local jurisdictions

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Metropolitan District Act[ Public Act 312 of 1929: MCL 119.1 - 119.18 ]

Allows two or more municipalities to incorporate (by charter) into a metropolitan district or districts for the purpose of acquiring, owning, operating and maintaining parks

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Metropolitan District Act[ Public Act 312 of 1929: MCL 119.1 - 119.18 ]

Powers of Metropolitan District

Under Section 119.4

The District may levy taxes in a sum not to exceed ½ of 1% of the assessed value of all real and personal property in the district

The District may borrow and issue bonds on the credit of the district in a sum not to exceed 2% of the assessed value of all real and personal property

The District may collect rents and tolls

The District may establish a special assessment district

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Metropolitan District Act[ Public Act 312 of 1929: MCL 119.1 - 119.18 ]

Powers of Metropolitan District

Under Section 119.4 - Continued

The District may acquire private property by purchase, gift or condemnation for public use

The District may acquire, by lease, purchase or otherwise and succeed to any or all of the rights, obligations and properties of the participating jurisdictions

The District may sell or lease lands

The District may pass and enforce laws, ordinances and regulations

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Southern Lakes Regional Metropolitan Parks and Recreation District

• City of Fenton• City of Linden• Fenton Township• Argentine Township• Tyrone Township

Approved a permanent .4 mills tax for the operation of a year-round Metropolitan Park and Recreation District

Works closely with local school districts and each participating municipalities

Hired a full-time director and support staff

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Urban Cooperation Act[ Public Act 7 of 1967: MCL 124.501 - 512]

Permits, “public agencies” (including school districts) of the state to exercise jointly

A joint exercise of power pursuant to this act is made by contract or contracts in the form of an interlocal agreement, which may provide the purpose, function, organization, funding, allocation of resources, and other specifics for the new arrangement

Two or more local governmental units that levy a property tax may enter into an inter-local agreement to share the revenue derived from the tax

Powers of Urban Cooperation Act

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Lowell Area Recreation Authority

Directed by a seven member board consisting of officials from both township boards, the city council a residents from the community

• City of Lowell • Lowell Charter Township • Vergennes Township

Established to help develop a new non-motorized trailway connecting the three municipalities

Under the inter-local agreement, the Authority can purchase and acquire property, build and operate trails, hire employees and seek and accept funding (e.g. state and federal grants, private donations)

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

The Urban Cooperation Act is mentioned in the Michigan Trailway Act (PA 451) for creating Trailway Authorities. Trailway Authorities develop manage and maintain multi-jurisdictional trailways. However, they do not have any bonding or taxing authority.

• The Mid-West Michigan Trail Authority• The Polly Ann Trails Council• Betsie Valley Trails Council• Walled Lake Wixom Trails

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Recreation and Playgrounds Act[ Public Act 156 0f 1917]

Allows any city, village, county, township or school district (separately or in cooperation) to operate a system of recreation and playgrounds; acquire, equip and maintain land, buildings and other recreational facilities; employ a superintendent; vote and expand funds

A school district, may vote a tax to provide funds for operation

Local municipality or school district may delegate the operation of the system to a recreation board and appropriate money to the board

Any municipal corporation or board given charge of the recreation system is authorized to conduct its activities on: (1) property under its custody and management; (2) other public property, under the custody of other municipal corporations or boards; and (3) private property (w/consent of property owners)

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Greater Romeo-Washington-Bruce Parks and Recreation Commission

Community approved a .75 mill in 1986 (and successive millage renewals)

Created in 1983 to conduct and supervise public parks, athletic fields, recreation centers and other recreation centers…conduct any wholesale and constructive form of recreation and public service designed to enhance the standard of living and the leisure time of adults.

Village of Romeo withdrew

Originally funded through federal and state revenue sharing

Works closely with community schools - use same facilities

Four commissioners - one at large member

• Washington Township• Bruce Township• Romeo Community Schools

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Metropolitan Councils Act[ Public Act 292 of 1989: MCL 124.651 - 685]

Allows 2 or more local governmental units in a metropolitan area to form a metropolitan area council and plan, promote, finance, issue bonds for, acquire, improve, enlarge, extend, own, construct, replace, or contract for public improvements and services including but not limited to recreational facilities

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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The Grand Valley Metropolitan Council(Grand Rapids) is:membership-based alliance dues-paying governmental units

The Council:allocates transportation planning fundsaspires to “plan for the growth and development … maintain and improve the quality of lifeextensive regional planning effort called the “Blueprint”provides its members a collection of services, including the GIS agency known as REGIS

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

Allows two or more municipalities and/or districts to establish a Recreation Authority for the acquisition, construction, operation, maintenance or improvement of:

1. Swimming Pool 2. Recreation Center3. Museum4. Auditorium

5. Historical Farm6. Conference Center7. Park

Definition of “Park”1. Recreation Purposes - Including but not limited to: landscaped tracts; picnic

grounds; playgrounds; athletic fields; camps; campgrounds; zoological and botanical gardens; living historical farms; boating, hunting, fishing and birding areas; swimming areas; and foot, bicycle and bridle paths

2. Open or scenic space3. Environmental, conservation, nature or wildlife areas

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

What About Programming?

Act 321 does not explicitly allow for the provision of recreational programming

However, a number of the current Recreation Authorities provide for a wide range of recreation programs under the guise of the “operation” definition

The sponsor of Act 321 believes the Act can provide for recreational programming

Consult your municipal attorney

2011 Michigan Recreation and Park Association Conference Recreation Authorities

* Definition for Public Historic Farm……“provides agricultural and historical programs”

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Authority Year Participating Municipalities Nature of Effort

Southeast Livingston County Recreation Authority (SELCRA) 2001 City of Brighton & Brighton, Green Oak Townships Future park/recreation

facilities

Crossroads Area Recreation Authority (CARA) 2003 City of Reed City & Lincoln, Richmond Townships Trail Development

City of Traverse City/Charter Township of Garfield Recreational Authority

2003 City of Traverse City & Charter Township of GarfieldThe purchase and maintenance of land and buildings for open space

City of Charlevoix, Township of Hayes, Township of Charlevoix Recreational Authority

2004 City of Charlevoix & Hayes, Charlevoix Townships Community swimming pool

Flushing Area Parks and Recreation Authority 2006 City of Flushing & Flushing Charter Township Future park/recreation

facilities

Newaygo Community Recreational Authority 2006 City of Newaygo & Brooks, Garfield Townships

Future park/recreation facilities

Howell Area Recreation Authority 2006 City of Howell & Oceola, Marion, Genoa Townships Future park/recreation

facilities

South Lyon Area Recreation Authority 2007 City of South Lyon, Lyon Charter Township and

portions of Green Oak Charter TownshipFuture park/recreation facilities

Iron Ore Heritage Recreation Authority 2007 Marquette Area (3 cities, 4 townships) Iron Ore Heritage Area -

Trail

Tahquamenon Area Recreation Authority 2008 Luce County, Village of Newberry & McMillan,

Pentland Townships Community Center

Northwest Ottawa Recreation Authority (NORA) 2009 City of Grand Haven, City of Ferrysburg, & Grand

Haven Charter, Robinson Townships

Future park/recreation facilities.

Headwaters Recreation Authority 2010 City of Hillsdale, Village of Jonesville, & Hillsdale,

Fayette Townships Non-Motorized Pathways

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Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

Recreation Authorities in the northern portions of Michigan tend to support single items, open space and trail development

How Has It Worked?

Recreation Authorities in the southern portions of Michigan tend to support park departments and recreation programming

A singular focus can help direct community funding and support and allow local municipalities to focus on broad recreational services (especially if the municipality already has a plan filed with the DNRE)

Be careful of duplicative & competitive grant applications - plan ahead

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

1. The name of the Authority

2. The names of the participating municipalities

3. The purpose for which the Authority is established

4. A description of the territory of the Authority

5. Characteristics of the Board (e.g. number of members, qualifications, method of selection, terms of office and terms of filling vacancies)

6. The procedures and requirements for a municipality to join and withdraw from the Authority

Establishing A Recreation Authority Articles of Incorporation must include a number of parameters:

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Territory of the Authority: All property situated within and outside the corporate boundaries of the participating municipalities - as long as they are owned by one of the participating municipalities.

Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

District(s): “A portion of a municipality having boundaries coterminous with those of a precinct used for general elections.”

In Green Oak Charter Township, (Livingston County) Precincts 1, 4 and 6 are part of the South Lyon Area Recreation Authority and other portions are part of the Southeastern Livingston County Recreation Authority

Example

Portions of the Howell Area Parks Recreation Authority have precincts that align with the Howell Area School District

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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The Authority may apply for & accept grants, hire employees & professional services, maintain property, assess fees, receive revenue, and enter into contracts.

Powers of Recreational Authority

Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

The Authority may acquire and hold real and personal property inside or outside the territory of the Authority through purchase, lease, land contract, installment contracts, bequest and other means.

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Powers of Recreational Authority (Continued)

Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

Under Sec. 11, the Authority may levy of up to 1 mill for not more than 20 years on all taxable property within the territory of the Authority only with approval of the majority of electors in each of the participating municipalities of the authority.

Sec. 21 - 23 permits the Authority to borrow funds and manage indebtedness (not to exceed 2 mills of the taxable value), including the issuance of general obligation bonds - upon the approval of a majority of the electors in each of the participating municipalities.

Millage proposal at statewide or primary election

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Recreational Authorities Act

Traverse City/Charter Township of Garfield Recreation Authority - 2006 Approved a .27 General Obligation Bond for 20 years to purchase 3 propertiesApproved a .10 Operational Millage for 20 years

The Millage Option - a Mixed Bag

Charlevoix Recreational Authority - 2004 Approved a .30 Millage to operate a community swimming pool for 10 years

Howell Area Parks and Recreation Authority - 2006 Rejected a 1 Millage for 20 years for general recreation purposes

Iron Ore Heritage Recreational Authority - 2008 Rejected a .20 Millage for 6 years to improve the 48-mile Iron Ore Heritage Trail. Proposal was overwhelmingly supported, but defeated in two (out of ten) of the least populated municipalities, by just 38 votes. - Approved in 2010 for reconstituted Authority

Newaygo Community Recreational Authority Township officials explicitly stated at time of adoption they would withdraw if a millage proposal was moved forward

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

Membership Provisions - Governing BoardOnly Stipulation: The Recreation Authority Board must be comprised of an odd number of board members

If an equal number of board members have been appointed from each participating municipality, the last (odd) member is often appointed by either another local government, school board or organization closely associated with the goals and mission of the Authority

Example

Typically required to be either an elected or appointed official and registered voter

Typically serve two-year, staggered terms

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

Membership Provisions - Governing Board (continued)

The Board shall select a Chairperson, Vice Chairperson, Secretary and Treasurer (who may not be a member of the board)

The Board may establish formal by-laws - in most instances the Articles of Incorporation suffice

Board members shall not receive compensation, but are entitled to reimbursement for reasonable expenses incurred while carrying out official duties

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

Withdraw Provisions

A municipality can withdraw from the Recreation Authority by adopting a formal resolution - unless a millage has been levied

In some cases, the Articles of Incorporation require that a certified copy of the formal resolution must be presented to the Board of the Authority at least 3 to 12 months prior to the beginning of the new fiscal year.

Any participating municipality that withdraws from the Recreation Authority is liable for a proportion of the debt and liabilities incurred while participating

Any property owned by the Authority that lies within a municipality that has withdrawn from the Authority shall remain in the Authority

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

Dissolution Provisions Not explicitly required in the Act

In general, the Authority can be dissolved by a concurring resolution in each municipality

A municipality can withdraw from the Recreation Authority by formal resolution - unless a millage has been levied

ExampleHowell Area Parks Recreation Authority: Included stipulations which stated that in the event the millage didn’t pass, the Authority would dissolve (later amended)

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

All debts must be paid

Assets and land shall revert back to the originating municipality

Any funds obtained via a levy or property purchased by such funds shall be assigned by the participating municipalities for public purposes

Land acquired or developed with grants from the Michigan Natural Resources Trust Fund must be maintained in perpetuity and will be maintained by the municipality in which they are located

Tahquamenon Area Recreation Authority: Did not include a reversion clause in their Articles for MNRTF funds and was not recognized by the DNR

Upon Dissolution

Example

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

Joining Provisions

Amended articles must be approved by the municipality wishing to joint the Authority and each participating jurisdiction

During the period in which a property tax has been levied, a majority of the electors wishing to join the Authority must approve the tax

2011 Michigan Recreation and Park Association Conference Recreation Authorities

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Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

Small contributions from each participating jurisdiction can pay for small construction projects, marketing materials and/or grant writing assistance

Budget Provisions Only stipulation is that the Authority must conduct an annual audit

Budget depends on the scope of the Authority

Budget can consist of a equal contribution from each jurisdiction or based on a formula

Newaygo Area Recreation Authority: Budget is based on a formula that factors a base contribution, the population of each jurisdiction and the taxable value of each participating municipality

Example

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Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

Publish the Articles of Incorporation in the Newspaper - Beware of Publishing Costs

Launching The Authority

Have a municipal attorney review the Articles of Incorporation - share legal services

Regularly update your legislative body during the drafting process

The Articles must be adopted by the legislative body of each participating municipality - The Authority becomes effective when the last participating municipality adopts the Articles and files a copy with the Secretary of State, Office of the Great Seal. Authority is considered a “Michigan Municipal Corporation - tax exempt

The Authority is subject to the Open Meetings Act (1976 PA 267), and the Freedom of Information Act (1976 PA 442)

Howell Area Recreation Authority: Mailed draft Articles to the DNRE to make sure they would be eligible for grant funding

File with the IRS to get Employee Identification Number (EIN)

Example

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Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

Senate Bill 222Sponsor: Sen. John Gleason 27th District - Western Genesee County

An amendment to include “School Districts” as a participating entity

Committee on Local, Urban and State Affairs recommended the Bill with Immediate Effect (IE)Pass by the Senate

Pass by the House without (IE)Back to the Senate - now must pass it again with (IE), requires 2/3 majority (2009)

• School Districts have facilities• However, in many instances, school districts cradle the line between communities• Opposed by the State Chamber of Commerce because of taxing authority

History

Despite rescinding opposition by Chamber & late-night haggling, no action taken at the end of 2010 - likely re-introduced in 2011

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The Millage Challenge

Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

In 2008, about 75% of recreation proposals passed in Michigan

The Trust for Public Land (TPL): Conservation Finance Handbook

Not the same story in 2009 - recreation expansion has been funded almost entirely with foundation grants and private donations. Nationally, just a little more than half of the conservation finance measures passed (70% in 2008)

Resources

Between 1996 - 2002 TPL assisted in the passage of local and state measures that set aside more than $25 billion for parks and open space

• Previous collaboration• Preserving something that

already exists• Know what your buying• Location

What Helps

In the 2010 August primary, voters approved 86% of the 623 overall ballot initiatives that affected how much they would pay in taxes or fees and 96% of the requests to renew or restore rates that had been reduced by Headlee(Approved initiatives for recreation in Oakland, St. Clair and Saginaw Counties - Springfield Township - City of Lansing)

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The Millage Challenge

Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

1. Conduct a feasibility assessment - next step should be based on the assessment

Demographics: growth rates, population distribution, ethnicity, education level

TPL’s Recommendations

Economics: economic growth, un-employment, income trends

Quality of life issues: growth, environmental & land use issues

Investigate Finance Options and Crunch the Numbers

Research Legal Constraints: filing requirements, who is responsible

Analyze Previous Election Results

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The Millage Challenge

Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

2. Measure Public OpinionInterview community leadersConduct a survey(s) - can help define ballot languageThreshold Question - Can you win?

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The Millage Challenge

Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

3. Designing a winning measure

Broad-based goals should be reflected in the ballot language

Priorities should be tied to scientific analysis and experts

Determine effective ballot title and wording

Ballot language is the last thing voter sees before decision

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OPEN SPACE AND NATURAL AREA PRESERVATION BOND PROPOSAL

This proposal will allow the Recreational Authority of Traverse City and the Garfield Township to purchase and improve land to preserve open space and scenic views of the Bay and protect wildlife habitat and natural areas. Properties to be purchased include the West Bay Waterfront property, the Barns at the Commons, and the property next to Hickory Hill. State law requires an annual independent audit of the Recreational Authority.

This proposal, if approved by the voters, will only be effective if both it and the Open Space and natural Area Millage Proposal pass.

Shall the City of Traverse City and Charter Township of Garfield Recreational Authority formed by the City of Traverse City and the Charter Township of Garfield borrow the sum of not to exceed Six Million Six Hundred Fifty Thousand Dollars ($6,650,000) and issue its general obligation unlimited tax bonds for all or a portion of that amount, payable in not to exceed twenty years from the date of issuance for the purpose of open space and scenic view preservation and wildlife habitat and natural areas protection by purchasing and improving land for public parks including West Bay Waterfront property, the Barns at the Commons, and the property next to Hickory Hills?

The estimated millage to be levied in 2004 is 0.27 mill ($0.27 per $1,000 of taxable value) and the estimated simple average annual millage rate required to retire the bonds is 0.27 mill ($0.27 per $1,000 of taxable value). This is expected to result in an increase of $13.50 in the tax levied on property valued at $100,000 for a period of 20 years.

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OPEN SPACE AND NATURAL AREA MILLAGE PROPOSAL

This proposal will allow the Recreational Authority of Traverse City and Garfield Township to maintain natural areas, wildlife habitat, public parks, and open space. The proposal would levy a property tax of up to 0.1 mill that would cost the owner of a home with a value of $100,000 $5.00 per year. State law required an annual independent audit of the Recreational Authority.

This proposal, if approved by the voters, will only be effective if both it and the Open Space and natural Area Millage Proposal pass.

Shall the limitation on the amount of taxes which may be imposed on taxable property in the City of Traverse and the Charter Township of Garfield Recreational Authority. Be increased by up to 0.1 mil ($0.10 per $1,000 of taxable value) for a period of twenty (20) years, as a new millage for the purpose of protecting natural areas, wildlife habitat, and open space by acquiring, maintaining and improving public parks?

It is estimated that 0.1 mill will raise Approximately $125,000 when first levied in 2004.

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The Millage Challenge

Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

The design of a measure that is compelling, affordable and accountable

Once the measure is designed, a good campaign must be conducted to build broad support from community leaders and organizations and to communicate (media) the key benefits of the measure to undecided voters

Make sure all activities of the campaign are legal

4. Running a successful campaign

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Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

City of Ishpeming, on behalf of the Authority secured a $354,800 DNRE Trust Fund Grant and $118,000 MDOT Transportation Enhancement GrantAuthority secured a $15,000 DNRE Trust Fund Grant

Marquette County, on behalf of the Authority applied for a $740,000 MDOT GrantAuthority awarded $460,000 DNRE Trust Fund Grant

Iron Ore Heritage Recreation Authority3 Cities & 4 TownshipsIron Ore Heritage Trail: 48-mile non-motorized trail (and motorized)

The Grant Challenge

2008:

2009:

2010:

Newaygo Community Recreation Authority - 2006 City of Newaygo, Brooks Township and Garfield TownshipSecured over $309,500 in grant funding from the Fremont Area Community Foundation to improve a number of facilities

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Draft a plan then create the Authority

Recreational Authorities Act[ Public Act 321 of 2000: MCL 123.1131 et seq.]

Getting Started - What’s First?

Step I. Local officials meet to discuss and assess whether or not theywork together• Consider staff requirements• Available resources• Costs of planning process

Step II. Appoint a steering committee

Step III. Initiate the community planning process

Create the Authority then draft the plan

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

Legislative Acts: Key Differences, Opportunities and Challenges

Urban Cooperation Act

County and Regional Parks Act • Focus is on entire county rather than a small grouping of municipalities• May operate jointly with other counties• Some board members must consist of representatives of other boards (e.g. road commission)

Metropolitan District Act • Must first establish a “Charter” - which is subject to voter approval. Creates an opportunity to

have a smaller organization if not approved by voters The charter may include the taxing provision

• Cannot include counties - Can work closely with school districts

• Extremely flexible - arrangement is created through an interlocal agreement• Can include schools in the agreement• Can utilized/share existing tax revenue (not a “new” millage)

Recreation and Playground Act

Recreation Authorities Act

• Can include schools in the agreement• Millage comes from the School District

• Established by resolution from each jurisdiction - separate from millage• Millage must be approved by each participating jurisdiction to become effective• Can work closely with schools

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Thank You

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Panel

Clay Summers, Executive DirectorDeWitt Area Recreation Authority

Benjamin Marentette, Executive DirectorCity of Traverse City and Charter Township of Garfield Recreation Authority

Vince Paris, DirectorSouthern Lakes Parks and Recreation

Jill Vander Stel, CoordinatorNorthwest Ottawa Recreation Authority

Derek Smith, DirectorSoutheast Livingston County Recreation Authority

Mark Brochu, DirectorSt. Clair County Parks and Recreation

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

Traverse City &Garfield Township Recreational Authority

Benjamin Marentette, Executive Director

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

How it got startedImpetus: to find a way to save a piece ofproperty which houses two treasured &

beautiful historic barns.

Ultimately, the Recreational Authority proposal was to purchase three properties & provide

modest operational millage

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

Historic Barns Park (56-acres)

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

Interior - Cathedral Barn

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

West Bay Waterfront Property (Last piece of non-public waterfront property)

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

Hickory Meadows (117-acres)

Photos by Carl Ganter and Robert Kline

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

How it worked

• Private citizens group formed a ballot committee

• Committee consisted of dedicated people with varying, unique assets

• The ballot committee had a feasibility study conducted (formed strategy from feasibility study results)

• Feasibility study paid close attention to swing voters – to get them toswitch to our side

• The Grand Traverse Regional Land Conservancy, who worked to securethe options on the properties, worked with the Trust For Public Lands (www.tpl.org )

• Careful development of ballot language. (To greatest extent possible, leverage language that compels voters)

• 4 main, consistent message

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

How it worked (continued)

• Lots of in-kind donations (good donor base)

• Campaigned door-to-door in both jurisdictions

• Strong absent voter campaign

• Result: Approval! 78.93% in City of Traverse City, 74.69% inGarfield Township

Overall Campaign:$50,000 – with $33,000 in in-kind donations

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

Operationally - How It Works

• $150,000 in annual income (through December 2023) for operations

• Recreational Authority contracts w/ city to provide management and treasuryservices on a yearly-fee basis (approximately $33,000/year)

• Recreational Authority utilizes City Attorney on an hourly basis

• Contracts for maintenance services

• Contracts for resource management services

• Non-profit partners – at Historic Barns Park

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

Where We Are Today

• Hickory Meadows Management Plan & Hickory Meadows Advisory Committee

• Historic Barns Park partnerships & upcoming capital campaign

• West Bay Waterfront Property – moving forward to include in bayfront planning

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

Contact Information

Feel free to contact:

Benjamin Marentette, Executive Director – Traverse City & Garfield Township Recreational Authority, [email protected] or (231) 922.4480

Matt McDonough, Grand Traverse Regional Land Conservancy Director of Land Protection & Stewardship, [email protected] or (231) 929.7911

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

Jill Vander StelRecreation Coordinator

Presented by:

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

Why the Name Change from NORP to NORA?

•Seek Alternate Funding Sources

•Expand Recreational Programming

•Intergovernmental Collaboration

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

The Purpose of NORA

Provide quality recreation and leisure activities for our community that are

affordable.Intergovernmental Cooperation.

Meet the recreational expectations of the community.

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

Some NORA History…• 1945 Recreation Department Formed• 1954 Appointed Full Time Director

• Area Wide Recreation Operation cost shared-City of Grand HavenGHAPSCommunity Chest

• 1970 Local Governments Partnered• City of Grand Haven• City of Ferrysburg• Grand Haven Charter Twp.• Robinson Twp. • 1988- Port Sheldon Twp.

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

NORA History Continued…..1998-2009 Interlocal Agreement

• City of Grand Haven• City of Ferrysburg• Grand Haven Charter Twp.• Robinson Twp. • GHAPS • Port Sheldon Twp.- Contributing Municipality.

2009 NORA Recreation Authority • City of Grand Haven• City of Ferrysburg• Grand Haven Charter Twp.• Robinson Twp. • Port Sheldon Twp.- Contributing Municipality• GHAPS- Professional Agreement

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

Funding SupportGovernmental Support• 70% Revenue comes

from program fees, team fees and sponsors

• 30% Revenue comes from Governmental units that participate in NORA

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2011 Michigan Recreation and Park Association Conference Recreation Authorities

SELCRASoutheastern Livingston County Recreation Authority

1966 - 1991: Recreation Programs funded through Brighton Area Schools - Community Education

1992: Created the Southeastern Livingston County Recreation Authority • City of Brighton• Brighton Township• Green Oak Township• Genoa Township• Brighton Area Public Schools

2001: Incorporated under Act 321 of 2000

2003: Became its own fiscal agent , operating independently from Brighton Area Schools

2005: Signed joint use agreement with Brighton Area Schools outlining the administrative relationship

2006: Develop master plan - approved by the DNRE

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2011 Michigan Recreation and Park Association Conference Recreation Authorities