HomeMy WebLinkAboutResolutions - 2012.08.01 - 20455MISCELLANEOUS RESOLUTION #12194 August 1, 2012
BY: PLANNING AND BUILDING COMMITTEE, DAVID POTTS, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION — MICHIGAN
DEPARTMENT OF NATURAL RESOURCES LANDOWNER INCENTIVE PROGRAM GRANT
ACCEPTANCE
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
a $3,500 grant:
INVASIVE SPECIES CONTROL AT ROSE OAKS COUNTY PARK
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes and accepts the Michigan Department of Natural Resources Landowner Incentive Program
grant award.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its
Chairperson or designee to execute said grant agreement on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that the future level of service, including personnel, will be
contingent upon the level of funding available for this program.
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 Nash, Nuccio and Woodward absent.
GRANT REVIEW SIGN OFF — Parks & Recreation
GRANT NAME: 2012 Landowner Incentive Program
FENDING AGENCY: Michigan Department of Natural Resources and Environment
DEPARTMENT CONTACT PERSON: Melissa Prowse 248 249-2801
STATUS: Grant Acceptance
HATE: May 25, 2012
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 grant agreement/contract, Finance
Committee Fiscal Note, and this Sign Off email containing grant review .comments) may be
requested to he 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 (5/16/2012)
Department of Haman Resources:
Approved. Karen 'Jones (5/16/2012)
Risk Management and Safety:
Approved By Risk Management. - Andrea Plotkowski (5/270012)
Corporation Counsel:
The above-referenced grant agreement is approved, bat I would like to bring two issues to your
attention.
First, the grant agreement should be with the "County of Oakland" and not the 'Oakland County
Parks and Recreation Commission."
Second, the grant agreement requires the County/Parks and Recreation to waive and releaSC all
claims against the State of IVIlichigan. I do not like this language, but because the State is only
providing money and not performing any work under tins grant agreement, the language is
acceptable is this ease. - Jody S. Hall (5/21/2012)
COMPLIANCE
Michigan Natural Resources and Environments Protection Art 451 of 1994
1,,RE ._islaitire„to.i.p..0 nAS(vidilbtvill3.,q) i-i3ofinx40x5.51)/IniiL'2.ay,-10,palc-Ciet0,..tic:1660:1
,.;-21.11arne=trieJ -Act 4.51-ot-1994
2012 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. 1.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: $3,500.00
Upon signing the Grant Acceptance Form, I accept this grant and agree to the terms
presented in this form, the notification letter dated May 11, 2012 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: RCA 83651 Project Code 221021 Index 87900
DNIRJk, Michigan Department of Natural Resources — Wildlife Division
LANDOWNER INCENTIVE PROGRAM
PROJECT DESCRIPTION
Requested under authority of Act 451 of PA of 1994, as amended.
--------
1. LANDOWNER INFORMATION ...
County of Oakland
2800 Watkins Lake rd
Waterford MI 4 8328
County Township Name [Town I Range Section Latitude Longitude
Oak i and Rose 1 I
III. PROJECT PLAN
i Project Type
VVetiand 71 acres •Grassland acres ElBarrens acres
CJack Pine acres EMesic Conifers acres
I IV. FUNDS
Partner Equipment Materials Funds In-kind Total Cost
Oaklanc', Councy 3,500 $ 3,500
$
$
Total DNR Cost: $3,500 Total Project Cost: $3500
V. Contract Specifications
Scope of work:
This contract will begin May 11, 2012 and end December 31, 2012 and covers the following management activities on
the Landowners property:
Provide funding to Oakland County Parks, for invasive species control in high quality wet mesic prairie at Rose Oaks
County park. Oakland County Parks to coordinate, bid, and pay a contractor for invasive species removal in these high
quality sensitive wetland areas, using mechanical, and/or hand/cutting, removal and/or herbicide treatment of invasive
plants/shrubs that are threats to the quality of the wetland habitat. This management will directly benefit the
Massasauga rattlesnake, Turkeys, powesheik skipperling and other species of greatest conservation need. This
contract will allow for removal of invasive shrubs, and plants that threaten the wetland, through mechanical, or manual
methods including herbicide treatment.
DNR to provide funding to contract out this work, not to exceed $3,500
PR 2015-6 (08/04/2604)
Commodities:
The Department agrees to reimburse the Landowner $ for the following Commodities:
........ ...
The Landowner is responsible for the following:
..
The landowner reimbursement for commodities will not exceed for this contract period
Services:
The Department agrees to reimburse the Landowner $ 3500 for the following Services:
Contractual services for invasive species removal including hand cutting, mechanical, and herbicide treatment.
...... ........
The Landowner is responsible for the following activities:
1) Hire, pay, and oversee contractor to for invasive species removal at Rose Oaks County Park.
2) Provide map of treated areas, along with species treated, methods and total land acreage treated. This can be part
of the contractor's responsibility, or completed by landowner.
3) Provide copies of all invoices for said work, to biologist for reimbursement.
4) Inform biologist once work is completed for site inspection of area treated.
The landowner reimbursement for services will not exceed $ 3,500 for this contract period
Review:
The project(s) will be reviewed by biologist to determine success.
_
Method of Payment:
Invoices may be submitted upon purchase of commodities or once service has been concluded.
PR 2015-6 (08/04/200)
Michigan Department of Natural Resources & Environment - Wildlife Division
LANDOWNER INCENTIVE PROGRAM - WILDLIFE HABITAT MANAGEMENT
AGREEMENT
Required under authority of Act 451 of PA of 1994, as amended.
This Agreement between the County of Oakland 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
Pace I of 2 PR2015-5 ;Rev 02/19i2C.10;
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 DNR
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 $ 3,500. 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
initials
Page 2 of 2 PR2015-5 p.
Parks and Recreation Fund #50800
Revenue
5060760-160700-650104 Contributions Operating
Total Revenues
Expenditures
5060760-160700-731241 Miscellaneous
Total Expenditures
FY 2012
$3,500
$3,500
$3,500
$3,500
FISCAL NOTE (MISC . #12194) August 1,2012
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION — MICHIGAN
DEPARTMENT OF NATURAL RESOURCES LANDOWNER INCENTIVE PROGRAM GRANT
ACCEPTANCE
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 Oakland County Parks and Recreation Commission has identified and established properties
for the stewardship and maintenance of park natural resources within the adopted Recreation
Master Plan.
2. The need for control of invasive species, such as the Mississauga rattlesnake, turkeys, and the
Poweshiek Skipperling at the Rose Oaks County Park has been identified.
3. The Oakland County Parks and Recreation Commission recommends acceptance of the Invasive
Species Control at Rose Oaks County Park grant from the Michigan Department of Natural
Resources and Environment in the amount of $3,500.
4. The grant funding period extends from May 11, 2012 through December 31, 2012.
5, The FY 2012 budget be amended as follows:
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Long and Quarles absent.
Resolution #12194 August 1,2012
Moved by Weipert supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson,
Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, River, 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 amended
Consent Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE ESOLUTICX:,
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
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 August 1,
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 1 st day of August, 2012.
k1 13_0___2_eu,r1
Bill Bullard Jr., Oakland County