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HomeMy WebLinkAboutMinutes - 2010.04.27 - 36438 April 27, 2010 The meeting was called to order by Chairperson Scott at 9:31a.m. in Committee Room A, Auditorium Wing, County Service Center, Pontiac, Michigan. PLANNING AND BUILDING COMMITTEE MEMBERS PRESENT: John Scott, Robert Gosselin, Jim Nash, Bradford Jacobsen, Kim Capello, Jim Runestad, Tim Burns, Steve Schwartz PLANNING AND BUILDING COMMITTEE MEMBERS ABSENT WITH NOTICE: None OTHERS PRESENT: COUNTY EXECUTIVE Phil Bertolini, Deputy County Executive FACILITIES MANAGEMENT & OPERATIONS Art Holdsworth, Director Bob Larkin, Manager Paul Hunter, Manager, Facilities Engineering HUMAN RESOURCES April Bradshaw, Analyst Dana Cosby, Analyst PARKS AND RECREATION COMMISSION Dan Stencil, Executive Officer Jim Dunleavy, Chief of Parks Phil Castonia, Business Development Rep. WATER RESOURCES COMMISSIONER John McCulloch, Water Resources Commissioner Kevin Larsen, Chief Deputy Sue Coffey, Manager Joseph Colaianne, Atty, Insurance Administrator BOARD OF COMMISSIONERS Harvey Wedell, Senior Analyst Sheryl Mitchell, Senior Analyst Pamela Worthington, Committee Coordinator PLEDGE OF ALLEGIANCE PUBLIC COMMENT None. APPROVAL OF THE MINUTES Gosselin moved approval of the minutes of March 16, 2010, as printed. Supported by Jacobsen. Motion carried on a voice vote. OAKLAND COUNTY BOARD OF COMMISSIONERS 1200 NORTH TELEGRAPH ROAD, PONTIAC, MICHIGAN 48341-0470 Telephone: (248) 858-0100 FAX: (248) 858-1572 PLANNING AND BUILDING COMMITTEE Bradford Jacobsen Kim Capello Jim Runestad Tim Burns Steven Schwartz JOHN SCOTT Chairperson ROBERT GOSSELIN Vice Chairperson JIM NASH Minority Vice Chairperson Planning & Building Committee Page 2 April 27, 2010 AGENDA Jacobsen moved to amend the agenda by moving Item #1 “Water Resources Commissioner – Seasonal Adjusted Work Schedule” from the Regular Agenda to the Consent Agenda, as it was determined that this item should originate in the Human Resources Committee because it reflects an exception to the Merit Rules . An amended resolution was distributed at today’s meeting to reflect this. Supported by Gosselin. Motion carried on a voice vote. AGENDA ITEMS 2. PARKS AND RECREATION COMMISSION – GENERAL INFORMATION AND REGULATIONS REVISIONS Public Act 261 allows county parks commissions to make rules for the protection, regulation and control of all its facilities and areas, with the approval of its c ounty board of commissioners. The Parks and Recreation Commission is requesting approval of the following revisions to its established rules and regulations by the Oakland County Board of Commissioners : 1. In Section 23 FIREARMS include “local” law 2. In Section 28.2 TREATMENT OF ANIMALS AND BIRDS remove the word “injure” 3. In Section 28.2c Snake Bites change the word “bits” to “bites” 4. In Section 38 FREE SPEECH: #3 – add the word “physically” and replace paragraph 3 with the following: If a planned assembly or public demonstration on parkland can be reasonably anticipated to disrupt, create a hazard, physically interfere , or block traffic or the path of other visitors, as specified above in numbered paragraphs 1 -4, organizers of such activities shall provide 2 business days notice to the Commission. Speech may not be restricted based on content or views expressed, except that the sp eakers may not (1) use fighting words, which are words that the ir very utterance tend to incite an intermediate breach of the peace; (2) threaten to physically harm other s; or (3) engage in obscene speech or conduct as that term is defined by MCL 752.362(5). Organizers must also comply with all other governmental requirements, including these Parks Rules for conducting such assemblies or public demonstrations. Runestad moved approval of the attached suggested resolution. Supported by Capello. Motion carried unanimously on a roll call vote. 3. DEPARTMENT OF FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH ROBERT HATT, GROVELAND OAKS COUNTY PARK The Department of Facilities Management and Parks and Recreation Commission are requesting approval and authorization to enter into a lease agreement with Robert Hatt for the re ntal of a one-story, three-bedroom house at 6000 Grange Hall Road, which is located on the grounds of the Groveland Oaks County Park. Under the terms and conditions of the lease, Mr. Hatt would pay rent at the amounts Planning & Building Committee Page 3 April 27, 2010 specified in the lease agreement, uti lity costs, provide after -hours security, coordinate all emergency activities with local police and fire agencies and provide after -hours emergency maintenance as necessary. Jacobsen moved approval of the attached suggested resolution. Supported by Runestad. Motion carried unanimously on a roll call vote . 4. DEPARTMENT OF FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION – REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH THOMAS GARVEY, WATERFORD OAKS COUNTY PARK The Department of Facilities Management and Parks and Recreation Commission are requesting approval and authorization to enter into a lease agreement with Thomas Garvey for the rental of a two - story, five-bedroom house at 2930 Watkins Lake Road, which is located on the grounds of the Waterford Oaks County Park. Under the terms and conditions of the lease, Mr. Hatt would pay rent at the amounts specified in the lease agreement, utility costs, provide after -hours security, coordinate all emergency activities with local police and fire agencies and provide after -hours emergency maintenance as necessary. Jacobsen moved approval of the attached suggested resolution. Supported by Gosselin. Motion carried unanimously on a roll call vote . 5. PARKS AND RECREATION COMMISSION AND DEPARTM ENT OF FACILITIES MANAGEMENT – TRANSFER OF OPERATIONS OF THE OAKLAND COUNTY FARMERS MARKET AND FLEA MARKET The Parks and Recreation Commission and the Department of Facilities Management are seeking approval to transfer the operations of the Oakland County Farmers Market and Flea Market from the Department of Facilities Management to the Parks and Recreation Commission. This transfer would be effective October 1, 2010, which coincides with the County’s Fiscal Year. Mr. Holdsworth indicated that it would be advantageous to have the operations of the Farmers Market and Flea Market under the Parks and Recreation Commission because they have the capability of expanding the market and taking it to the next level by offering some newer and innovative marketing e fforts. The market master, who is the only employee assigned to the Farmers/Flea Markets, would be transferred to the Parks and Recreation Commission as well. Commissioner Schwartz expressed his concern about whether or not this transfer contradicts Public Act 139 of 1973, in which the Oakland County Farmers Market was placed under control of the County Executive. The Parks and Recreation Commission does not fall under operational control of the County Executive. Mr. Bertolini assured Commissioner Sch wartz that this was discussed with Oakland County Corporation Counsel, and it was their opinion that this transfer is legal under the statute. Commissioner Burns expressed his concern that the business plan submitted today is a preliminary plan, and he would like to see the final busine ss plan and an Urban Parks Strategy Plan before he would be able to vote for it. Mr. Stencil indicated that this business plan cannot be finalized until the transfer of the Oakland County Farmers and Flea Markets is finaliz ed on October 1, 2010, because they will be working on marketing strategies and tying together their greenhouse space with that as well. Mr. Stencil indicated that the Planning and Building Committee will get a copy of the finalized business plan once Planning & Building Committee Page 4 April 27, 2010 complete. Jacobsen moved approval of the attached suggested resolution. Supported by Runestad . Motion carried on a roll call vote with Burns and Schwartz voting no . 6. BUILDING AUTHORITY – RESOLUTION TO APPROVE AMENDMENTS TO THE ARTICLES OF INCORPORATION OF THE OAKLAND COUNTY BUILDING AUTHORITY The Building Authority is seeking approval of the following amendments to the Articles of Incorporation of the Oakland County Building Authority: 1. Article VI shall be amended so that the fiscal year of the Authority is the same as the County’s fiscal year. 2. Article X shall be amended to reflect the correct day of the monthly Authority meetings. 3. Article XII shall be amended to reflect the voting members required for motions, resolutions and ordinances Commissioner Schwartz inquired about Article XVI where it mentions Board of Supervisors. He indicated that it has been a long time since the Board of Commissioners were known as the Board of Supervisors, and he suggested that it should be changed, and also it re fers to the Pontiac Press, which is now known as the Oakland Press. In Article XVII, he pointed out that it mentions the Daily Tribune, which is no longer in existence. Jacobsen moved approval of the attached suggested resolution. Supported by Runestad. Schwartz moved to amend the Articles of Incorporation of the Oakland County Building Authority by changing any reference to the Board of Supervisors to the Board of Commissioners and changing Pontiac Press to the Oakland Press. The amendment also in cludes a change in Article XVII, as follows: “The said County Clerk shall cause a copy of these Amendments to Articles of Incorporation to be published once in the Oakland Press and Daily Tribune, a newspapers circulating within the County of Oakland.” Motion to amend carried unanimously on a roll call vote. Main motion, as amended, carried unanimously on a roll call vote. CONSENT AGENDA – INFORMATIONAL ITEMS A. Report on the Award of Contract for Energy Strategy & Audit Professional Services B. Rules and Regulations for the Operation of the Oakland County Farmer’s Market C. Oakland County Farmer’s Market – Annual License Agreement D. Oakland County Farmer’s Market – Daily Stall Rental Agreement E. Rules and Regulations for the Operation of the Oakland County Flea Market F. Oakland County Flea Market Daily Stall Rental Agreement G. Oakland County Parks and Recreation Commission Meeting Minutes of March 3, 2010 H. Oakland County Building Authority Minutes of February 10, 2010 I. Oakland County Building Authority Minutes of March 10, 2010 J. Exception to Merit Rule 2.10.1.2 – Water Resources Commissioner Seasonal Adjusted Work Schedule Planning & Building Committee Page 5 April 27, 2010 Water Resources Commissioner McCulloch reminded the commissioners that if one of their communities is interested in hearing a presentation regarding water rates, he would be happy to schedule a presentation in that community. Jacobsen moved to receive and file the items on the Consent Agenda. Supported by Capello. Motion carried on a voice vote. OTHER BUSINESS/ADJOURNMENT There being no further business to come before the Commi ttee, the meeting adjourned at 10:37 a.m. _________________________________ __________________________________ Pamela L. Worthington Lawrence Doyle Committee Coordinator Administrative Director NOTE: The foregoing minutes are subject to Committee approval.