HomeMy WebLinkAboutResolutions - 2011.06.09 - 18598MISCELLANEOUS RESOLUTION #11106 May 19, 2011
BY: Planning and Building Committee, David W. Potts. Chairperson
IN RE: PARKS AND RECREATION COMMISSION - ACCEPTANCE OF DONATION FROM NORTH
OAKLAND HEADWATERS LAND CONSERVANCY FOR THE ACQUISITION OF INDEPENDENCE
OAKS — NORTH (UPPER BUSHMAN LAKE)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, pursuant to Miscellaneous Resolution No. 08009 dated January 17, 2008 the County
of Oakland entered into a Michigan Department of Natural Resources Trust Fund Land Acquisition
Project Agreement to receive a grant to reimburse Oakland County forty-two percent of the acquisition
cost of property known as the Upper Bushman Lake property for expansion of Independence Oaks
County Park: and
WHEREAS the County completed the purchase of the Upper Bushman Lake Property (parcel
number # 08-03-201-007) (hereinafter "Upper Bushman Property") to expand the size of Independence
Oaks County Park; and
WHEREAS, a donation of $16,000 from the North Oakland Headwaters Land Conservancy
(NOHLC) was pledged as partial match to the Michigan Natural Resources Trust Fund grant for the
stewardship of the Upper Bushman Lake Property, and
WHEREAS the North Oakland Headwaters Land Conservancy (NOHLC) desires to see the
headwaters of the Clinton River in Independence Township. Michigan protected and the water quality of
its wetlands, lakes, and streams preserved, and
WHEREAS it is the intention of the Oakland County Parks and Recreation Commission to
develop the Upper Bushman Property creating recreational uses that are compatible with land and water
stewardship; and
WHEREAS the Oakland County Parks and Recreation Commission has sought collaborative
relationships with other organizations, that have missions similar to NOHLC, in order to raise funds to
assist with the stewardship of the Upper Bushman Property.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and accepts the terms and conditions of the attached Donation Agreement between the County of
Oakland and the North Oakland Headwaters Land Conservancy.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Donation Agreement.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Gosselin and Crawford absent.
RESOLUTION
NORTH OAKLAND HEADWATERS LAND CONSERVANCY
DONATION AGREEMENT
WHEREAS the North Oakland Headwaters Land Conservancy (NOHLC)
desires to see the headwaters of the Clinton River in Independence Township,
Michigan protected and the water quality of its wetlands, lakes, and streams
preserved; and
WHEREAS the County purchased certain property in Independence
Township, Michigan including the Upper Bushman Lake and the surrounding
land (parcel number # 08-03-201-007) (hereinafter "Upper Bushman Property") to
expand the size of Independence Oaks County Park; and
WHEREAS it is the intention of the Oakland County Parks and Recreation
Commission to develop the Upper Bushman Property creating recreational uses
that are compatible with land and water stewardship; and
WHEREAS the Oakland County Parks and Recreation Commission has
sought collaborative relationships with other organizations, that have missions
similar to NOHLC, in order to raise funds to assist with the purchase and
development of the Upper Bushman Property,
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks
and Recreation Commission hereby requests that the Oakland County Board of
Commissioners authorize and approve the acceptance of NOHLC's Monetary
Donation of $16,000 towards the stewardship of the Upper Bushman Property,
and
BE IT FURTHER RESOLVED that the Oakland County Parks and
Recreation Commission hereby requests that the Oakland County Board of
Commissioners direct its Chairperson or designee to execute said acceptance of
this Monetary Donation.
Moved by: Christine Lonq
Supported by: J. David VanderVeen
Date: May 4, 2011
DONATION AGREEMENT
BETWEEN NORTH OAKLAND HEADWATERS LAND CONSERVANCY
AND
THE COUNTY OF OAKLAND
This .Agreement is effective this day of , 2011, between the Independence Land
Conservancy, d/b/a the North Oakland Headwaters Land Conservancy, 12000 Davisburg Road,
Davisburg, MI 48350 (hereinafter "NOHLC"), and the County of Oakland, a municipal and constitutional
corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341- (hereinafter "County"). The Oakland
County Parks and Recreation Commission is an agency of the County, statutorily charged with the
custody, control and management of Park property
WHEREAS NOHLC desires to see the headwaters of the Clinton River in independence Township,
Michigan protected and the water quality of its wetlands, lakes, and streams preserved; and
WHEREAS the County purchased certain property in Independence Township, Michigan including the
Upper Bushman Lake and the surrounding land (parcel number #08-03-201-007) (hereinafter "Upper
Bushman Property") to expand the size of independence Oaks County Park; and
WHEREAS it is the intention of the Oakland County Parks and RecreAtion Commission to develop the
Upper Bushman Property creating recreational uses that are compatible with land and water
stewardship; and
WHEREAS the Oakland County Parks and Recreation Commission has sought collaborative
relationships with other organizations, that have missions similar to NOHLC, in order to raise funds to
assist with the stewardship of the Upper Bushman Property; and
WHEREAS the Board of NOHLC believes that its mission is compatible with the intentions of the
Oakland County Parks and Recreation Commission with respect to the Upper Bushman Property;
THEREFORE the Nr1HLC and the County agree to the following temis and conditions:
1. NOHLC shall contribute $16,000 to the County. These funds shall be solely appropriated to and
used by the Oakland County Parks and Recreation Commission to support the stewardship of the
Upper Bushman Property.
2. The County agrees that the Upper Bushman Property will be used for long-tenn conservation and
public outdoor recreation. If the Upper Bushman Property is not used for these purposes or the
County no longer owns the Upper Bushman Property, then the County shall immediately pay to
NOHLC or its successor organization $16,000.00 (the amount of the donation to the County by
NOHLC). This paragraph shall survive the termination or expiration of this Agreement and remain
a continuing obligation of the County.
Date Date
Signed by Michael J. Gingen, Chairperson
Oakland County Board of Commissioners
Signed by Susan Julian, President,
Independence Land Conservancy d/b/a
North Oakland Headwaters Land Conservancy
Resolution #11106 May 19, 2011
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC . #11106) June 9,2011
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: PARKS AND RECREATION COMMISSION — ACCEPTANCE OF DONATION FROM NORTH
OAKLAND HEADWATERS LAND CONSERVANCY FOR THE ACQUISITION OF INDEPENDENCE OAKS —
NORTH (UPPER BUSHMAN LAKE)
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. Pursuant to MR #08009 the County of Oakland entered into a Michigan Department of
Natural Resources Trust Fund Land Acquisition Project Agreement to receive a grant to
reimburse Oakland County forty-two percent of the acquisition cost of property known as the
Upper Bushman Lake property.
2. A donation of $16,000 from the North Oakland Headwaters Land Conservancy (NOHLC) was
pledged as partial match to the Michigan Natural Resources Trust Fund grant for the
acquisition of the Upper Bushman Lake Property.
3. The intention of the Oakland County Parks and Recreation Commission is to develop the
Upper Bushman Property creating recreational uses compatible with land and water
stewardship.
4. The FY2011 Budget is amended as follows:
Parks and Recreation Fund 50800
Revenues
5060725-160700-650301 Donations
Total Revenues
Expenses
5060725-160700-760165 Land and Improvements
Total Expenses
FY 2011
$16,000
$16,000
$16,000
$16.000
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roil call vote.
Resolution #11106 June 9,2011
Moved by Runestad supported by Covey the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Covey, Crawford, Dwyer, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long,
Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert,
Woodward, Zack, Bosnic. (24)
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).
I HEREBY APPROVE THE FOREGOING RESOLUTION
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 June 9,
2011, 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 9th day of June, 2011.
F,LIE
Bill Bullard Jr., Oakland County