HomeMy WebLinkAboutResolutions - 2010.08.04 - 10030FISCAL NOTE #101.86 August 4, 2010
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PARKS AND RECREATION COMMISSION — RECEIPT OF MICHIGAN DEPARTMENT OF NATURAL
RESOURCES AND ENVIRONMENT LANDOWNER INCENTIVE PROGRAM GRANT — ROSE OAKS AND
INDEPENDENCE OAKS COUNTY PARKS
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 Miscellaneous
Resolution and finds:
1. The Michigan Department of Natural Resources and Environment Wildlife Division has approved the
Oakland County Parks and Recreation application for financial reimbursement in the amount not to
exceed $12,000 (60% of total project costs) from the Landowner Incentive Program — Wildlife Habitat
Management for prescribed burns to control invasive species and improve wildlife habitat on
approximately 54 acres at Independence Oaks County Park and approximately 71 acres at Rose Oaks
County Park.
2. The total program cost is $20,000.
3. The Oakland County Parks and Recreation Commission has sufficient funds available for the forty percent
(40%) local match co-pay which amounts to $8,000.
4. The Oakland County Parks and Recreation Commission approved acceptance of this grant on July 7,
2010.
5. The grant period begins once the contract is signed and must be completed by September 30, 2011.
6. The prescribed burns will be conducted in the spring of 2011.
7. Sufficient funding is available in the Oakland County Parks and Recreation Commission's Fiscal Year
2011 Operating Budget. No budget amendment is recommended.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Coulter absent.
MISCELLANEOUS RESOLUTION #10186 August 4, 2010
BY: PLANNING AND BUILDING COMMITTEE, JOHN SCOTT, CHAIRPERSON
IN RE: PARKS AND RECREATION COMMISSION — RECEIPT OF MICHIGAN DEPARTMENT
OF NATURAL RESOURCES AND ENVIRONMENT LANDOWNER INCENTIVE PROGRAM
GRANT - ROSE OAKS AND INDEPENDENCE OAKS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS, the Oakland County Parks and Recreation Commission has identified and
established priorities for the stewardship and maintenance of park natural resources within the
adopted Recreation Master Plan; and
WHEREAS, the Oakland County Parks and Recreation Commission recommends the
acceptance of the following grant award from the Department of Natural Resources and
Environment for prescribed burns at Rose Oaks and Independence Oaks County Parks to control
invasive species and improve wildlife habitat.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the Michigan Department of Natural Resources and Environment Grant
contract in the amount of $12,000 (60% of total project costs) with a local match of $8,000 (40%).
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation
Commission hereby requests the Board of Commissioners direct its Chairperson or designee to
execute said grant agreement on behalf of the County of Oakland.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
NNING ARD IVIILDNG COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried on a roll call vote with Capelio absent.
GRANT REVIEW SIGN OFF — Parks & Recreation
GRANT NAME: 2010 Landowner Incentive Program
FUNDING AGENCY: Michigan Department of Natural Resources and Environment
DEPARTMENT CONTACT PERSON: Melissa Prowse 248 858-4630
STATUS: Grant Acceptance
DATE: July 20, 2010
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have
completed internal grant review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of
Commissioners' Liaison Committee Resolution, the want agreement/contract, Finance
Committee Fiscal Note, and this Sign Off email containing grant review comments) may be
requested to be placed on the appropriate Board of Commissioners' committee(s) for grant
acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (7/12/2010)
Department of Human Resources:
Approved. Cathy Shallal (7/13/2010)
Risk Management and Safety:
Approved By Risk Management. Defer to Corporation Counsel regarding requirement to
indemnify State. — Andrea Plotkowslci (7/8/2010)
Corporation Counsel:
Attached are the grant documents for the Landowner Incentive Program—Wildlife Habitat
Management Agreement that have been amended to remove the indemnification provision.
These are the documents that should be approved. — Jody S. Hall (7(19/2010)
COMPLIANCE
Michigan Natural Resources and Environments Protection Act 451 of 1994
littp://www .1 egi slatu re.rni .gov/(S(vidlbtyil3q11h3 ofmx40x55))/mileg.aspx?pageetObject&obi
ectname=mcl-Act-451 -of- I 994
JENNIFER M. GRANHOLM
GOVERNOR
REBECCA A. HUMPHRIES
DIRECTOR
June 23,2010
STATE OF MICHIGAN
DEPARTMENT OF NATURAL RESOURCES & ENVIRONMENT
LANSING
Brittany Bird
Natural Resources Planner
Oakland County Parks and Recreation Commission
2800 Watkins Lake Rd
Waterford, MI 48328
Dear Ms. Bird:
The Michigan Department of Natural Resources has approved your Landowner Incentive
Program Project for $12,000.
This grant is to be used to conduct burns at two Oakland County Parks, in spring 2011. This
grant is for prescribed fire on approximately 71 acres at Rose Oaks County Park, and 54 acres at
Independence Oaks County Park.
The DNRE agrees to reimburse Oakland County Parks and Recreation, for $12,000 for these
prescribed fires on the county properties, to control invasive species and improve habitat in high
quality prairie fen/wetlands as well as associated uplands. Invoices must be submitted once the
services have been concluded.
To initiate your grant, please sign the enclosed Grant Acceptance Form and return it along with
the Agreement to me at the address below. Please note all forms must be signed and returned
to initiate payment of your grant award. Please check your Social Security number or federal
tax identification number on the Grant Acceptance Form.
Thank you for your involvement in the Landowner Incentive Program, and for helping to
establish habitat for rare and declining wildlife. We are pleased to be able to fund your project.
Sincerely,
ii
Julie Oakes
Wildlife Division
Seven Lakes State Park
14390 Fish Lake Rd
Holly, MI 48442
CONSTITUTION HALL • 525 WEST ALLEGAN STREET • P.O. BOX 30473 • LANSING, MICHIGAN 48909-7973
www.michigan.govid nre • (800) 662-9278
Project Type
Wetland
0Jack Pine
acres EGrassland
acres DMesic Conifers
acres DBarrens/Savanna acres
acres DEarly Successional Forest _ acres
IV. FUNDS
Partner Equipment Materials Funds In-kind Total Cost
Michigan Department of Natural Resources & Environment - Wildlife Division
LANDOWNER INCENTIVE PROGRAM
PROJECT DESCRIPTION
Requested under authority of Act 451 of PA of 1994, as amended.
I. LANDOWNER INFORMATION
Name
Oakland County
Address
2800 Watkins Lake rd
City, State, ZIP
Waterford MI 48328
II. DESCRIPTION OF LAND
County Township Name Tom Range Section LaMude longitude
Oakland rose and Independance' _
III. PROJECT PLAN
Oakland co
TOTAL DNRE COST: $12,000 TOTAL PROJECT COST: $20,000
V. CONTRACT SPECIFICATIONS
Scope of work:
Provide funding for use of RX fire in high quality fen/wetland oomplexes
at Rose Oaks and Independence oaks county park
Provide approx 5500 for each park, for rx burn
Oakland co top coordinate, bid, pay for, oversee the fire on approx 71 ac rose, and
54 at independence, any additional costs will be paid by Oakland County.
Contract to begin once signed and project must be completed by September 30, 2011.
PR2015-6 (Rev. 02110/2010)
Commodities:
Services:
RX fire on Independenc and Rose oaks county parks.
Review:
Project will be reviewed by biologist once burn is complete.
Method of Payment:
invoices shall be submitted after services are complete. Reimbursement not to exceed $12,000
PR2015-6(Rev 02/10/2010)
2010 Landowner Incentive Program Fund
LANDOWNER GRANTS ACCOUNT
Grant Acceptance Form
Project Title: Oakland County Parks and Recreation Commission
Name: Brittany Bird
Payee: (Make check payable to): Oakland County Parks and Recreation Commission
Address: 2800 Watkins Lake Rd
Waterford, MI 48328
Telephone: 248 858 1726
SS # or Fed. I.D. #: 38-6004876
Please verify by initialing here if the Social Security or Federal Identification number is
correct for the payee listed above. If "SS # or Fed.I.D. #" field is blank or incorrect; please
enter the correct number in this space:
Address of Individual or Organization if different from above:
N/A
Total amount of grant: $12,000.00
Upon signing the Grant Acceptance Form, I accept this grant and agree to the terms
presented in this form, the notification letter dated June 23, 2010 and the Landowner Incentive
Program Landowner Agreement. These three documents constitute the grant agreement for
this project. I also agree to complete the work as described in my project description, or as
modified through discussion with or notification by the Department of Natural Resources.
Authorized Signature (only necessary if in addition to Grantee's signature)date
Grantee's Signature date
Department of Natural Resources Approval date
For Office Use Only: PCA Project Code Index
, Michigan Department of Natural Resources & Environment — Wildlife Di,vision
LANDOWNER INCENTIVE PROGRAM - WILDLIFE HABITAT MANAGEMENT
AGREEMENT
Required under authority of Act 451 of PA of 1994, as amended
This Agreement between Oakland County Parks And Rec Commission hereinafter referred to as
"Cooperator(s)," and the Michigan Department of Natural Resources & Environment Wildlife Division,
hereinafter referred to as "Division," is authorized by the Natural Resources and Environmental Protection
Act, 1994 PA 451. The Division and the Cooperator(s) agree to carry out certain wildlife management
practices and habitat developments on land owned by the Cooperator(s) as described in the attached Project
Description and identified on the attached map and/or aerial photograph.
The Cooperator(s) agrees to join as a participant in a Landowner Incentive Program, hereinafter referred to
as Program. The Cooperator(s) grants authorization to the Division to carry out wildlife habitat developments
and/or agrees to personally carry out wildlife habitat development and management activities with financial or
material support, as described in the Project Description. Any supplies, equipment or direct payment from
the Division to the Cooperator(s) for carrying out wildlife habitat developments are also detailed in the Project
Description.
The Cooperator(s) further agrees to:
1. Assume responsibility for securing federal, state and local permits needed to carry out the
proposed habitat development project.
2. Allow the wildlife habitat development project described in the Project Description to remain in
place for a period of 10 years from the date of the Cooperator's signature on this Agreement.
3. Allow the Division staff or an appropriate representative reasonable access to the described
property for the period of this Agreement in order to complete the agreed upon habitat
development project and to make periodic inspections of the habitat development for program
monitoring purposes.
4. Notify the Division in writing at least 30 days before closing of any planned sale or other change
in the ownership of the described property.
5. Complete all Cooperator(s) responsibilities as listed in Contract Specification.
The Division assumes no authority over the described property for purposes of controlling trespass, for
controlling noxious weeds, for identifying or removing pre-existing hazards including waste materials, for
granting rights of way, or for any other incidents of ownership. The Cooperator(s) shall own all of the
completed or installed developments and shall be solely responsible for paying all taxes and assessments on
the described property.
LIABILITY. The Cooperator(s) hereby releases, waives, discharges and covenants not to sue the State of
Michigan, its departments, officers, employees and agents, from any and all liability to Cooperator(s), its
officers, employees and agents, for all losses, injury, death or damage, and any claims or demands thereto,
on account of injury to person or property, or resulting in death of Cooperator(s), its officers, employees or
agents, in reference to the activities authorized by this Agreement.
If the Division secures a third party vendor to provide services or equipment for any part or all of the wildlife
habitat development project, the Division will require the contractor to list the Cooperator, including its
shareholders, officers, employees, and agents, as additionally insured on contractor insurance policies.
Initials
Page 1 of 2 PR2015-5 (Roy. 02/19/2010)
LANDOWNER INCENTIVE PROGRAM - WILDLIFE HABITAT MANAGEMENT
AGREEMENT
This Agreement may be modified at any time by mutual written consent of the parties. it may be terminated
by either party upon 30 days advance written notice to the other party. However, if the Cooperator(s)
terminates the Agreement before its expiration, or if the Cooperator(s) should fail to maintain the wildlife
habitat development for the length of the Agreement, then the Cooperator(s) agrees to reimburse the DNRE
Wildlife Division prior to final termination for the pro-rated costs of all habitat development projects placed on
the described land through this Agreement. For these purposes the total cost of the development projects to
the State are agreed to be $ 121000. This agreement becomes null and void upon land being accepted into
any USDA Farm Bill program, including extensions, as long as current wildlife habitat development project is
maintained.
COOPERATOR DIVISION
Signature — Cooperator Signature - Wildlife Biologist
Printed name Printed name
Date Date
COOPERATOR CONTRACTOR
Signature — Cooperator Signature - Contractor
Printed name Printed name
Date Date
Initials
Page 2 of 2 PR2015-5 (Rev 02/1912010)
Resolution #10186 August 4, 2010
Moved by Middleton supported by Jackson the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted.
AYES: Coleman, Coulter, Douglas, Gershenson, Gosselin, Greimel, Hatchett, Jackson, Jacobsen,
Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack,
Bullard, Burns. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda
were adopted.
100•••-
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 August 04, 2010,
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 4th day of August, 2010.
qat
Ruth Johnson. County Cleft