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HomeMy WebLinkAboutMinutes - 2011.09.13 - 36565 September 13, 2011 The meeting was called to order by Chairperson Potts at 9:34 a.m. in Committee Room A, Auditorium Wing, County Service Center, Pontiac , Michigan COMMITTEE MEMBERS PRESENT: David Potts, Philip Weipert, Jim Nash, Robert Gosselin, Jim Runestad, Kathy Crawford, Beth Nuccio, Janet Jackson, Dave Woodward, Gary McGillivray COMMITTEE MEMBERS ABSENT WITH NOTICE: None OTHERS PRESENT: CORPORATION COUNSEL Jody Hall, Assistant Corporation Counsel COUNTY EXECUTIVE Bob Daddow, Deputy County Executive Phil Bertolini, Deputy County Executive FACILITIES MANAGEMENT Art Holdsworth, Director Paul Hunter, Manager, Facilities Engineering Bob Larkin, Manager INFORMATION TECHNOLOGY Dawn Siegel, Chief PARKS & RECREATION COMMISSION Dan Stencil, Executive Officer Jon Noyes, Supervisor, Planning PLANNING & ECONOMIC DEVELOPMENT Paul Hunter, Manager Bret Rasegan, Supervisor Ryan Dividock, Associate Planner WATER RESOURCES COMMISSION ER Glenn Appel, Assistant Chief Engineer AXE & ECKLUND John Axe, Partner ITC Donna Zalewski, Director GENERAL PUBLIC Yolanda R. Smith, Resident BOARD OF COMMISSIONERS Jim VerPloeg, Administrative Director Harvey Wedell, Senior Analyst Sheryl Mitchell, Senior Analyst Pamela Worthington, Committee Coordinator PLEDGE OF ALLEGIANCE Chairperson Potts led the Committee in the Pledge of Allegiance. 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 Robert Gosselin Jim Runestad Kathy Crawford Beth Nuccio Janet Jackson Dave Woodward Gary McGillivray DAVID POTTS Chairperson PHILIP WEIPERT Vice Chairperson JIM NASH Minority Vice Chairperson Planning & Building Committee Page 2 September 13, 2011 PUBLIC COMMENT None. APPROVAL OF THE MINUTES McGillivray moved approval of the minutes of August 3, 2011, as printed. Supported by Nuccio. Motion carried on a voice vote. AGENDA McGillivray moved to reconsider and add to today’s agenda a Finance Committee resolution that was voted down at the August 9 th Planning and Building Committee meeting title d, “Facilities Management/Facilities Planning & Engineering – Water Tower Restoration Project”. Supported by Weipert. Motion to reconsider the resolution titled, “Facilities Management/Facilities Planning & Engineering – Water Tower Restoration Project” and amend the agenda carried on a voice vote. AGENDA ITEMS 1. WATER RESOURCES COMMISSIONER – 2011 CHAPTER 4 DRAIN MAINTENANCE ASSESSMENT RESOLUTION Chapter 8 of the Michigan Drain Code permits the Water Resources Commissioner to levy assessments against the Drainage District of Drains established in accordance with Chapter 4 of the Michigan Drain Code to operate, maintain, clean out and repair drains, provided such assessments do not exceed $2,500 per mile of drain per year, or fraction thereof . The Water Resources Commissioner is seeking authorization by the Board of Commissioners to assess, levy and collect the aggregate amount of $231,250.00 against all of the benefitting properties and government entities comprising the assessment rolls of 30 Drain age Districts itemized on the attached list, for the year 2011, to cover the costs of operating, maintaining, cleaning out and repairing 30 Chapter 4 Drainage Districts located in Oakland County. Jackson moved approval of the attached suggested resolutio n and to directly refer this resolution to the Finance Committee for immediate consideration . Supported by Crawford. Motion carried unanimously on a roll call vote. 2. WATER RESO URCES COMMISSIONER – 2011 CHAPTER 18 DRAIN MAINTENANCE ASSESSMENT RESOLUTION Planning & Building Committee Page 3 September 13, 2011 Chapter 18 of the Michigan Drain Code permits the Water Resources Commissioner to levy assessments against the Drainage District of Drains established in accordance with Chapter 18 to operate, maintain, clean out and repair drains, provided such assessme nts do not exceed $2,500 per mile of drain per year, or fraction thereof. The Water Resources Commissioner is seeking authorization by the Board of Commissioners to assess, levy and collect the aggregate amount of $78,500.00 against all of the benefitting properties and government entities comprising the assessment rolls of 30 Drainage Districts located in Oakland County. Runestad moved approval of the attached suggested resolution and to directly refer this resolution to the Finance Committee for immed iate consideration . Suppo rted by Nash. Motion carried unanimously on a roll call vote . 3. WATER RESOURCES COMMISSIONER – 2011 LAKE LEVEL ASSESSMENTS FOR OPERATION AND MAINTENANCE In accordance with the provisions of Part 307 of Public Act 451 of 1994, a s amended, the Oakland County Water Resources Commissioner operates and maintains 35 lake level control devices/structures and 7 lake augmentation pumps that regulate the legally -established water level of 53 lakes located in Oakland County. Costs are inc urred by the Water Resources Commissioner for such operation and maintenance, and Section 30722(4) of Public Act No. 59 requires that the Water Resources Commissioner obtain approval from the Board of Commissioners prior to levying any lake level assessment in excess of $10,000 annually. For 2011, the Water Resources Commissioner proposes to assess, levy and collect the total aggregate amount of $432,364.79 against all of the benefitting properties and government entities comprising the assessment rolls of 29 separate Lake Level Districts itemized on the attached list, including 13 assessments in excess of $10,000 Crawford moved approval of the attached suggested resolution. Supported by Runestad. Motion carried unanimously on a roll call vote. 4. PARKS AND RECREATION COMMISSION – APPROVAL AND ACCEPTANCE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES TRUST FUND DEVELOPMENT GRANT PROJECT AGREEMENT NO. TF07 -030 ADDISON OAKS TRAIL CONNECTOR The Parks and Recreation Commission is seeking approval of a trust fund grant awarded by the Michigan Department of Natural Resources in the amount of $228,800 with a required County match of $291,200, which is available in the Oakland County Parks and Recreation Fund. The funds would be used for the development of a 1.7 mile Addison Oaks Trail Connector, which would run through Addison Oaks Park, provide access to Bald Mountain and would provide access to the trail corridor that extends between the Cranberry Lake Preserve and Stony Creek Metro Park. This project meets the goals and objectives of the Oakland County Recreation Master Plan that was adopted on March 8, 2007. The total project cost is $500,000. Planning & Building Committee Page 4 September 13, 2011 Corporation Counsel could not approve the language in the contract because of some concerns about two legal issues and one risk management issue within the language in the grant contract. One of the concerns is about language in the contract that the County will “defend any suit brought against either party (the State or the County) which involves title, ownership or any other rights, whether specific or general rights, including appurtenant riparian rights, to and in the project area of any lands connected with or affected by this project.” The second concern was that in paragraph 26 it states that the County “is res ponsible for the safety of all individuals who are invitees or licensees of the premises.” Nuccio moved approval of the attached suggested resolution , contingent upon the State of Michigan resolving the issues of concern that Oakland County Corporation Counsel has with the contract language. Supported by McGillivray. Motion carried unanimously on a roll call vote with Runestad absent. 5. PARKS AND RECREATION COMMISSION – APPROVAL AND ACCEPTANCE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES TRUST FUND D EVELOPMENT GRANT PROJECT AGREEMENT NO. TF10 -098 NATURAL AREAS ACCESSIBILITY IMPROVEMENTS The Parks and Recreation Commission is seeking approval of a trust fund grant awarded by the Michigan Department of Natural Resources in the amount of $308,000 with a required County match of $392,000, which is available in the Oakland County Parks and Recreation Fund. The funds would be used to construct 2200 feet of boardwalk, 200 feet of fishing piers, boat launches and two wildlife viewing platforms to promote recreational access to natural areas at Highland, Lyon, Red and Rose Oaks County Parks . The total project cost is $700,000. Corporation Counsel has the same concerns with the language in this grant contract as in item #4. Crawford moved approval of the a ttached suggested resolution , contingent upon the State of Michigan resolving the issues of concern that Oakland C ounty Corporation Counsel has with the contract language. Supported by Weipert. Motion carried unanimously on a roll call vote with Crawfor d absent. 6. PLANNING AND ECONOMIC DEVELOPME NT SERVICES DIVISION – DONATION FROM ITC SUPPORTING 2011 GREAT LAKES RESTORATION INITIATIVE (GLRI) GRANT ACCEPTANCE The Oakland County Board of Commissioners accepted a $100,000 2011 Great Lakes Restoration Initiative (GLRI) Grant as a pass-through of funds received by SEMCOG from the U.S. Department of Agriculture Forest Service. The funds are to be used to identify priority tree planting areas, develop landscaping plans and plant trees in the Rouge Watershed wi thin Oakland County. ITC Holdings Corp. has communicated its desire to match the SEMCOG/Oakland County’s Great Lakes Restoration Initiative (GLRI) Grant by donating $100,000 to Oakland County. Planning & Building Committee Page 5 September 13, 2011 Planning and Economic Development Services is seeking approva l for the acceptance of the donation of $100,000 from ITC Holdings Corp. A document entitled, “2011 Great Lakes Restoration Initiative Grant Community Selection Criteria was handed out to the commissioners. Commissioner Nash requested to get a map in rela tion to the watershed areas where the trees will be planted. Nash moved approval of the attached suggested resolution. Supported by Crawford. Nash moved to make the following amendments to the resolution: 1. Amend the 9th WHEREAS paragraph, as follows: WHEREAS this $100,000 donation will require $1,000 of staff time to administer it is estimated to take approximately $1,000 of County staff time to administer the donation;’ and 2. Amend the NOW THEREFORE BE IT RESOLVED paragraph, as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the donation of $100,000 from ITC Transmission, in support of the 2011 Great Lakes Restorative Initiative (GLRI) Grant, which was accepted by the Oakland County Board of Commissioners t hrough MR #11075 on April 21, 2011, as a pass-through of funds from the U.S. Department of Agriculture Forest Service with County in -kind match of $1,000, in the form of staff administrative time . Supported by Crawford. Motion to amend carried on a voice vote. Main motion, as amended, carried unanimously on a roll call vote with Runestad absent. 7. BUILDING AUTHORITY – RESOLUTION AUTHORIZING THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE A PROJECT FOR THE CITY OF OAK PARK, OAKLAND COUNTY, MICHIGAN The Building Authority is seeking the use of the County’s Triple A Bond Rating to assist the City of Oak Park in financing a building renovation project. The City of Oak Park wants to renovate their library, water administration office, recreation center a nd the 45B District Court. The City of Oak Park would lease the project to the County of Oakland for a term not to exceed 50 years, as permitted by Public Act 31. One or more series of bonds are to be issued in the aggregate principle amount of $6.5 million. The total estimated cost of the project is $20.5 million, of which the City of Oak Park is funding $14 million from a recently passed property tax millage. A revised copy of the resolution, with several suggested amendments, was handed out on blue paper, along with the Legal Description, which is to be inserted into the lease agreement. McGillivray moved approval of the attached suggested resolution. Supported by Crawford. Jackson moved to amend the resolution, as follows: Planning & Building Committee Page 6 September 13, 2011 1. In the 3rd WHEREAS pa ragraph strike the words “all or”. 2. Insert the following paragraphs after Paragraph 4, making these new paragraphs 5, 6 and 7: 5. The Treasurer of the County is hereby authorized to declare official intent of the County with respect to reimbursement. 6. Each declaration of official intent shall be substantially in the form set forth in APPENDIX III attached hereto and by this reference incorporated herein, and said form may be modified from time to time on the advice of bond counsel to the County and as necessary to conform to requirements of our reimbursement regulations as the same may be adopted by the Internal Revenue Service or amended from time to time, or with the requirements of applicable rulings or regulations relating to tax-exempt borrowings. 7. The Treasurer is hereby directed to file each declaration of official intent in the office of the Oakland County Clerk, which location constitutes the customary location of the records of the Authority which are available to the general public. 3. In Appendix I of the Lease Contract, 3 rd WHEREAS, insert the words “a portion of” on the first line prior to the words “the total cost of the Project”. 4. In Section 5 Insurance Requirements revise the 2 nd sentence, as follows: Such bonds and insurance, and the amounts thereof, shall be subject to approval of the County’s Department of Risk Management on the advice of its counsel. 5. In Section 10 Maintenance and Repairs, revise the 2 nd sentence, as follows: Operation and maintenance shall include (but not be limited to) the following: the providing provision of all personnel, equipment and facilities ; the provision of all light, power, heat, water, sewerage, drainage and other utilities, and the provision of all properties and services of whatever nature, as shall be necessary or expedient in the efficient and lawful operation and maintenance of the Project. 6. In Section 12 Liability Insurance, revise the paragraph, as follows: The County shall cause to be provided and maintained during the term of this Lease adequate liability insurance or self insurance protecting the County and the Authority against loss on account of damage or injury to possession, use, operation, maintenance or repair of the Project and the site of the Project, or resulting from any acts of omi ssion or commission on the part of the County or the Authority or their respective officers, or employees or agents in the connection with the Project . And shall, to the extent permitted by law, indemnify, hold harmless and defend the Authority, its office rs, employees or agents against any and all claims for any such damage or injury. Such insurance shall be made effective from the date construction of the project commences upon the complete execution of this lease. Planning & Building Committee Page 7 September 13, 2011 7. In Section 16 Contractual Rights of Bo ndholders, revise the 3rd sentence, as follows: The parties further agree that they shall will not do nor or permit to be done. any act, including amending this lease, and that this Lease will not be amended in any manner, which that would impair the security of the Bonds or the rights of the holders of the Bonds. 8. Amend Section 17 Appurtenant Facilities, as follows: The site on which this Project is to be located includes, or will include, roadways, walks, drives, parking areas and landscaping which are of benefit to an hereby agreed that so long as any bonds remain outstanding and unpaid, such appurtenant facilities will be maintained in good repair and condition by the County or by its lessees and such appurtenant facilities shall be available to the us ers and occupants of the Project. Supported by McGillivray. Motion to amend carried on a voice vote. Jackson moved to insert the following legal description in Appendix I and Appendix II under Exhibit A: LEGAL DESCRIPTION – CITY HALL AND PUBLIC SAFETY PART OF SECTION 30, T.1N, R.11E, CITY OF OAK PARK, OAKLAND COUNTY, MI. BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE EAST 1/4 CORNER OF SAID SECTION 30; THENCE S87°22'17"W 59.99 FEET TO THE POINT OF BEGINNING; THENCE S87°22'23"W 930.00 FEET; THENCE S2°37'37"E 100.00 FEET; THENCE N87°22'23"E 260.00 FEET; THENCE S2°37'37"E 284.26 FEET; THENCE N87°23’25"E 48.10 FEET; THENCE N2°37'37"W 25.00 FEET; THENCE N87°22'23"E 334.00 FEET; THENCE N2°37'37"W 58.00 FEET; THENCE N87°22'23"E 222.00 FEET; THENCE N2°37'37"W 33.00 FEET; THENCE N87°22'23"E 66.00 FEET; THENCE N2°38'52W, 268.27 FEET TO THE POINT OF BEGINNING. PART OF PARCEL 25-30-426-001 AND SUBJECT TO ALL RESTRICTIONS AND EASEMENTS OF RECORD IF ANY. LEGAL DESCRIPTION – LIBRARY AND COMMUNITY CENTER PART OF SECTION 30, T.1N, R.11E, CITY OF OAK PARK, OAKLAND COUNTY, MI. BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE EAST 1/4 CORNER OF SAID SECTION 30; THENCE S87°22'17"W 59.99 FEET; THENCE S2°39'05"E 384.46 FEET; THENCE S87°36'34"W 1094.48 FEET TO THE POINT OF BEGINNING; THENCE N2°33'55"W 253.87 FEET; THENCE S87°26'05"W 495.00 FEET; THENCE S2°33’55"E 254.00 FEET; THENCE N87°26'05"E 330.26 FEET; THENCE N87°23'34"E 164.74 FEET TO THE POINT OF BEGINNING. PART OF PARCELS 25-30-401-005 AND 25-30- 426-001 AND SUBJECT TO ALL RESTRICTIONS AND EASEMENTS OF RECORD IF Planning & Building Committee Page 8 September 13, 2011 ANY. Supported by McGillivray. Motion to amend carried on a voice vote. Main motion, as amended, carried unanimously on a roll call vote with Gosselin and Runestad absent. 8. FACILIT IES MANAGEMENT/PLANNING & ECONOMIC DEVELOPMENT SERVICES – PARTICIPATION IN THE MICHIGAN MUNICIPAL LEAGUE’S (MML) MICHIGAN GREEN COMMUNITIES CHALLENGE Facilities Management and Planning & Economic Development Services are seeking approval of a resolution indicating that the County shall participate in the Michigan Green Communities Challenge over the next three years. This program was established by the Michigan Municipal League (MML) and was designed, in collaboration with the Michigan Municipal League, t he Michigan Energy Office, the Michigan Department of Environmental Quality, the Michigan Townships Association and the Michigan Association of Counties, to encourage and recognize community progress towards sustainability. The Michigan Green Communities Challenge encourages Oakland County citizens and businesses to initiate activities that reduce their energy costs and benefit the environment and local communities. County Executive L. Brooks Patterson issued an “OakGreen Challenge” to Oakland County residents and businesses at the May 13, 2010, Green Summit Event, and several communities in Oakland County are already participating. By taking the challenge, residents become eligible to win an OakGreen award, which would cover the cost of their home’s ener gy utilities, up to $1500, for one year. Nash moved approval of the attached suggested resolution. Supported by Crawford. Motion carried unanimously on a roll call vote with Gosselin and Runestad absent. 9. FACILITIES MANAGEMENT/FACILITIES PLANNING & ENGINEERING – WATER TOWER RESTORATION PROJECT The water tower serves as a back -up for possible loss of water pressure or pump malfunction. An inspection was done in 2005, and it was determined that significant maintenance such as repair/repainting of the steel parts, as well as safety upgrades to meet current safety regulations would be necessary to remain functional. The project was bid twice, and only one bid response was received, and it was higher than the $350,000 estimate that was included in the Capital Improvement Program. The current estimated cost of the Water Tower Restoration Project is $420,000, which includes $361,830 for restoration, $23,000 for design consultant, $9,200 for a logo and $25,970 for contingency. At the August 9, 2011, Plan ning and Building Committee meeting this item was voted down. Facilities Management requested reconsideration of this item, and they are proposing several amendments to the original resolution. They are seeking approval at this time of $60,000 in order to cover the cost of upgrading the foundation of the water tower this fall, as there are immediate safety concerns. The remaining work to be done on the water tower would go through the Request for Proposals process again, as this portion of Planning & Building Committee Page 9 September 13, 2011 the project can wait until next fall, giving the contractors mor e lead time and possibly lower bid prices. Crawford moved to report to the Finance Committee with the recommendation that funding for the total project cost of 420,000, including contingency, be approv ed. Supported by Nash. Crawford moved to report to the Finance Committee with the recommendation that the resolution be amended, as follows, and that funding for the total project cost of $60,000, including contingency, be approved: 1. Delete the 7th and 9th WHEREAS paragraphs 2. Add the following language as the 7th and 8th WHEREAS paragraphs: WHEREAS re-bidding the tank and superstructure restoration this Fall to vendors (including those that service clients of our size and complexity to a better degree) w ith a year’s timeframe to schedule the project will likely increase the number of responses and decrease bid prices; and WHEREAS having the foundation restored as a maintenance project by an annual contractor will further reduce total costs and bid prices; and 3. Amend the 10th WHEREAS paragraph by changing the dollar amount of $420,000 to $60,000. 4. Amend the NOW THEREFORE BE IT RESOLVED paragraph by changing the dollar amount from $420,000 to $60,000. 5. Add the following language as the 1st BE IT FURTHER RESOLVED paragraph: BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the restoration of the foundation and the re-bidding of the tank and superstructure restoration. 6. Amend the last BE IT FURTHER RESOLVED paragraph by changing dollar amount from $420,000 to $60,000. Supported by Nash. Motion carried unanimously on a roll call vote with Gosselin and Runestad absent. CONSENT AGENDA – INFORMATIONAL ITEMS None. OTHER BUSINESS/ADJOURNMENT Planning & Building Committee Page 10 September 13, 2011 Commissioner McGillivray suggested that the County look into having solar panels installed for parking lot lighting at County airports. There being no further business to come before the Commi ttee, the meeting adjourned at 11:39 a.m. _________________________________ ________________________________ Pamela L. Worthington Jim VerPloeg Committee Coordinator Administrative Directo r NOTE: The foregoing minutes are subject to Committee approval.