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HomeMy WebLinkAboutMinutes - 2014.02.25 - 36789 February 25, 2014 Chairperson Runestad called the meeting to order at 9:36 a.m. in Committee Room A of the Courthouse Auditorium Wing, County S ervice Center, in Pontiac, Michigan. COMMITTEE MEM BERS PRESENT: Jim Runestad, Robert Gosselin, Gary McGillivray, Bill Dwyer, Philip Weipert, Marcia Gershenson, David Woodward COMMITTEE MEMBERS ABSENT WITH NOTICE: Mike Bosnic OTHERS PRESENT: CORPORATION COUNSEL Jody Hall, Assistant Counsel ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS Bret Rasegan, Supervisor Whitney Calio, Environmental Program Coordinator Mary Langhauser, Supervisor Catherine Rasegan, Loan Officer FACILITIES MANAGEMENT Art Holdsworth, Director Paul Zachos, Property Specialist Bob Larkin, Manager Ed Joss, Manager FISCAL SERVICES Holly Conforti, Chief VETERANS SERVICES Garth Wootten, Manager WATER RESOURCES COMMISSIONER Phil Sanzica, Chief Deputy John Basch, Senior Attorney Steve Korth, Manager OTHERS Dan Hiramanek, VZW BOARD OF COMMISSIONERS Jim VerPloeg, Administrative Director Sheryl Mitchell, Senior Analyst Helen Hanger, Sr. Committee Coordinator PLEDGE OF ALLEGIANCE Chairperson Runestad led the Pledge of Allegiance. PUBLIC COMMENT 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 Mike Bosnic Bill Dwyer Philip Weipert Marcia Gershenson David Woodward JIM RUNESTAD Chairperson ROBERT GOSSELIN Vice Chairperson GARY MCGILLIVRAY Minority Vice Chairperson Planning & Building Committee Page 2 February 25, 2014 None. APPROVAL OF THE MINUTES Dwyer moved approval of the minutes of February 6, 2014 as printed. Supported by McGillivray. Motion carried on a voice vote. APPROVAL OF THE AGENDA Gosselin moved approval of the agenda as printed. Supported by McGillivray. Motion carried on a voice vote. PUBLIC COMMENT None. AGENDA ITEMS 1. OAKLAND COUNTY WATER RESOURCES COMMISSIONER – REQUEST FOR APPROVAL TO TRANSFER TITLE TO CERTAIN EASEMENTS, RIGHTS OR WAY, TRANSMISSION MAINS, DISTRIBUTED LATERALS AND APPURTENANCES TO THE MUNICIPALITI ES IN WHICH THEY ARE LOCATED The Water Resources Commissioner is requesting authorization to transfer legal title of certain easements, rights-of-way, transmission mains, distribution laterals and appurtenances to the requesting municipalities of Auburn Hills, Independence Township and West Bloomfield Township. The WRC holds title to portions of the water supply system in the City of Auburn Hills, the sewer supply system in Independence Township and the water supply system and san itary sewer supply system in West Bloomfield Township . There is no outstanding debt or other indebtedness with respect to the finance, design or construction of the systems that would prohibit transfer of these property interests. Weipert moved to recommend approval of the at tached suggested resolution. Supported by Gershenson. Motion carried on a roll call vote with Bosnic absent. 2. OAKLAND COUNTY WATER RESOURCES COMMISSIONER – APPROPRIATION OF FUNDS FOR THE ESTABLISHMENT OF A FEASIBILITY STUDY FOR THE NORTH OAKLAND COUN TY WATER AUTHORITY The Water Resources Commissioner is requesting authorization of funding in the amount of $125,000 for costs associated with the establishment of a feasibility study for the North Oakland County Water Authority (NOCWA). The NOCWA would consist of the cities of Pontiac, Auburn Hills and Rochester Hills and the Township of Orion. These communities are customers of the Detroit Water and Sewerage Department (DWSD) which has recognize d the need for improvements to this water system to increa se pressure and enhance system reliability. The current DWSD water contract allows for creation of a collaborative Water Authority to improve services and control and minimize future wholesale water rate increases. Funding is Planning & Building Committee Page 3 February 25, 2014 needed to cover a portion of the administrative, technical and legal expenses for the Study. WRC staff explained that many communities throughout Southeast Michigan try to take advantage of paying for average daily flow versus peak hourly flow by providing storage retention. The WRC represents Pontiac which at this time has certain underutilized infrastructure that can be used if somehow it can be coordinated with these other communities. This will also help to alleviate water pressure issues in Rochester Hills. This proposal w as presented to the Detroit Water and Sewerage Department (DWSD) who indicated in writing they have no objections to the study. DWSD had improvements for Rochester Hills on the books but never went forward. This effort will open up the contract for re -negotiation and should result in savings. The WRC is asking to re -appropriate funds previously authorized for a similar regional water authority feasibility study involving Genesee County that did not go forward. Farmington Hills had a 3-million gallon water tower constructed. Their study projected a savings of $1 million a year. Farmington Hills paid for this study, done by the WRC, and also received a state grant for the project. They then contracted with the WRC for construction and operation. Grants are available as part of the Governor’s Regional Collaboration Initiative. Pontiac already has storage so no new construction is needed but some updates may be necessary . Pontiac fills their tanks at night and utilizes them during the day. They will have to come up with protocols to use stored water so they do not have to rely on Detroit. Ms. Conforti explained that the fund containing the previously approved $125,000 includes interest which will go back to General Fund. Chairperson Runestad asked that if the DWSD turns out to cost billions (creation of an Authority) if there was a possibility of again looking at bringing the pipieline out from and hooking up to Genesee County. Mr. Sanzica explained that the WRC did a master plan for the entire county and at that time the numbers showed that it did not make sense to go with Genesee County but it is always possible to re-consider this if the numbers changed enough . Dwyer moved to recommend approval of the attached suggested resolution. Supported by Gershenson. Motion carried on a roll call vote with Runestad voting no and Bosnic absent. 3. OAKLAND COUNTY DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – WASTE RESOURCE MANAGEMENT – APPROVAL OF 2014 NO HAZ INTERLOCAL AGREEMENT Economic Development & Community Affairs’ Waste Resource Management is requesting approval of the 2014 NO HAZ Interlocal Agreement to be used by communities who participate in the County’s North Oakland Household Hazardous Waste Consortium and its collection events. To date the townships o f Addison, Groveland, Oakland, Orion, O xford and Waterford and the cities of Lake Angelus, Rochester and Rochester Hills have approved entering into the Agreement. The Agreement requires that participating municipalities fully reimburse for all County costs incurred in connection with the NO HAZ program. The proposed project budget and program costs are included as Exhibit B to the Agreement. Mr. Rasegan reported that 2013 participation increased over 2012 with 39% being first-time participants and a total of 3.3 million pounds of hazardous waste being collected. The number of pick up and drop off locations are decided by the NO HAZ members and are moved around within those communities . Dwyer moved to recommend approval of the attache d suggested resolution. Supported by Gershenson. Planning & Building Committee Page 4 February 25, 2014 Motion carried unanimously on a roll call vote with Bosnic absent. 4. PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION APPROVING PROJECT AREA AND PROJECT DISTRICT AREA (LAWRENCE TECHNOLOGIC AL UNIVERSITY PROJECT) – CITY OF SOUTHFIELD Planning and Economic Development Services is requesting certification and approval of the Economic Development Corporation’s designated Project Area and Project District Area (PDA) for the Lawrence Technological University (LTU) Project in the City of Southfield. The surrounding territory designated as the Project Area is devoted to commercial/industrial use and will have the same description as and boundaries coterminous with the Project District Area. As there are less than 18 residents / real property owners or representatives of establishments located within the PDA it has been determined there is no need for a Project Citizens District Council. The project consists of construction of a new 150 bed, 53,500 square foot student housing unit on the LTU campus with a total project cost of $12 million. Ms. Langhauser stated that she anticipates bringing the plan to committee in March. There are about 150 students on campus but LTU is mostly a commuter campus. There is an overflow issue and students are being housed off campus until this project is complete. Historically LTU has pulled students from within a 60 mile radius but they are now coming from all o ver the world. LTU is trying to create a student campus feel. Weipert moved to recommend approval of the attached suggested resolution. Supported by Gershenson. Motion carried unanimously on a roll call vote with Bosnic absent. 5. PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION CONFIRMING APPOINTMENT OF ADDITIONAL EDC DIRECTORS (LAWRENCE TECHNOLOGICAL UNIVERSITY PROJECT) – CITY OF SOUTHFIELD Planning and Economic Development Services is requesting that Louis C. Poole Jr. and Monique Holliday - Bettie be appointed as additional directors t o the Board of Directors of the Economic Development Corporation in connection with the Lawrence Technological University Project, representing neighborhood residents and business interests likely to be affected by the project. Dwyer moved to recommend approval of the attached suggested resolution. Supported by McGillivray. Motion carried unanimously on a roll call vote with Bosnic absent. 6. FACILITIES MANAGEMENT / FACILITIES MAINTENANCE & OPERATIONS (FM&O) – ELEVATOR REMODELING, PHASE II PROJECT Facilities Maintenance and Operations (FM&O) is requesting that the Planning and Building Committee report to the Finance Committee with a recommendation that the County enter into a contract with Kone Elevator of Livonia in the amount of $441,172 to modernize the Courthouse East Wing passenger elevator and service elevator, the North Office Building passenger elevator, the South Oakland Health Center passenger elevator and a wheelchair lift at the Main Jail, all of which are at the end of their expected service life and are experiencing increased maintenance and reliability issues. The total project cost of $550,000 includes $12,000 for National Elevator Consultants (the County’s annual contract for preparation of bid documents and construction inspection), $40,000 for Double -Jack Electric, the County’s annual Planning & Building Committee Page 5 February 25, 2014 contractor for related electrical work, $10,000 for related FM&O architectural work and $46,873 in contingency. Mr. Larkin explained that the Committee had authorized FM&O to seek bids last fall. Two companies responded, bids were evaluated and discussio n was held with both companies. McGillivray moved to recommend approval of the attached suggested resolution. Supported by Weipert. Motion carried unanimously on a roll call vote with Bosnic abs ent. 7. FACILITIES MANAGEMENT / FACILITIES MAINTENANCE & OPERATIONS (FM&O) – VETERANS’ SERVICES OFFICE RECONFIGURATION PROJECT Facilities Maintenance and Operations (FM&O) is requesting that the Planning and Building Committee report to the Finance Commi ttee with a recommendation that the County use its annual contractors for all materials and labor on the Veterans’ Services (VS) Office Reconfiguration Project with total funding of $44,699 which includes $27,228 for annual (competitively-bid) contractors construction work, $658 for voice and data work, $4,000 for electrical and lighting work, $7,113 for FM&O labor and $5,700 for contingency. The project is in response to Veterans’ request to create dedicated offices for staff who are sharing space as a result of consolidation with the W alled Lake Office and to address ADA issues with the lobby and the counter. Mr. Joss and Mr. Wootten explained that in 2008 Walled Lake staff was moved to the County Campus North Office Building (NOB). Temporary walls were put up for the Technical Assistant and the Client Transporter is sharing office space with that used by Veterans’ Affairs staff. Commissioner Woodward indicated that when first presented with the move from Walled Lake commissioners were told there should be no further cost. He asked why this project was not included in the Capital Improvement Program (CIP) and if there were other projects that should be on the list as well for funding under Miscellaneous or listed under Future Projects. He noted that he would prefer to look at projects across the Board with $25,000 and up included in the bigger picture. Mr. Joss explained that at the time and for the last several years CIP funds were allocated to other projects . It was hoped to address this request with Miscellaneous Funds as is now being done . The Miscellaneous Line Item annual budget is $90,000 so this is where smaller projects are handled. Mr. Holdsworth agreed that the project was identified several years ago and should have been put on the list. It was being tracked for funding and this year they were able to go forward. If something of a higher priority came up the funds would be used instead for that purpose. He indicated that they would try to do a better job in identifying projects. H e noted as an example the campus walkway project to holistically connect the County’s sidewalks. The cost for th is project was about $200,000 -$300,000 but was taken off the list because it was discretionary. This is something that sho uld be added back to the future projects list, prioritizing it against other projects. He indicated that now is a good time to identify 2015-2018 CIP projects. Mr. Wootten explained that VS has been very busy since 2001, especially over the last few years because of discharged service personnel, reductions in force, employment issues , etc. The demand is constant and it is challenging to provide the needed services . The Walled Lake move was done under previous management and VS has faced additional issues in the following y ears. Technology improvements are being made and commissioners will be made aware that they can have a counselor come to their Planning & Building Committee Page 6 February 25, 2014 community and clients will not have to drive to Pontiac or Troy. Commissioner Gershenson recognized Mr. Wootten for assist ing the Women’s Advisory Council with a project they are currently working on. She asked Mr. Wootten if the facility in which the VS office is located and also houses Probation and MSU Extension was compatible with his office. Mr. Wootten indicated that ideally he would prefer his clients not have to walk through Probation. At one time there was talk of moving VS to Medical Care but there were economic issues. This renovation proposal should provide for a better atmosphere. Mr. Holdsworth explained that the plans for moving VS and MSU Extension are still on the table. What has come up is security plans to provide screening stations and deputies in the various building s with public access. If this is done in the NOB , that should take away the reason to move VS and MSU -Extension. Mr. Joss stated that the Walled Lake move was presented to Facilities with several benefits to do so with available space. No indication was given for future renovations. . Dwyer moved to recommend approval of the attac hed suggested resolution. Supported by Gershenson. Motion carried unanimously on a roll call vote with Bosnic absent. 8. DEPARTMENT OF FACILITIES MANAGEMENT / DEPARTMENT OF CORPORATION COUNSEL – APPROVAL OF PURCHASE AGREEMENT TO SELL THE WEST OAKLAND O FFICE BUILDING IN WALLED LAKE Facilities Management is requesting approval and acceptance of the terms and conditions of the purchase agreement with Samara Property Management LLC for the West Oakland Office Building at 1010 East West Maple, Walled Lake, Michigan. Mr. Holdsworth explained that the offer of $626,000 offer had come to committee previously and he had received approval to negotiate a purchasing agreement and is now before the committee today with that agreement. A previous offer from another buyer fell through during the Phase 2 Environmental Study last year. The Study came back with a minimal amount of remediation of $32,000. The County, as the seller is responsible for the remediation. No work has been done yet because the County was n ot aware of what the future buyer wanted to do with building and it turns out this is mostly an investment property for them but the remediation will need to be done sooner or later and so it was decided to negotiate a dollar discount for the remediation, then the buyer would become responsible for the work. Relocation of the fiber optic hub is being addressed as well in one of the amendments to the resolution. The County d id not want to keep it in the building because of issues that could occur if the owner does not properly maintain the building. The hub will be moved to the well closure in the southeast corner of the parking lot. The County will be provided with an easement to the property that will remain in the County ’s possession at all times. The price identified for relocation of the hub is based on what it would have cost to put it in the nearby park or the southwest corner of the parking lot where it would have been necessary to bore underground to bring utilities over from the opposite side of the property line, where it will now be located . Dwyer moved to recommend approval of the attached suggested resolution. Supported by Woodward. Planning & Building Committee Page 7 February 25, 2014 Dwyer moved to amend the Resolution and the Purchase Agreement as follows. MISCELLANEOUS RESOLUTION # BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT / DEPARTMENT OF CORPORATION COUNSEL – APPROVAL OF PURCHASE AGREEMENT TO SELL THE WEST OAKLAND OFFICE BUILDING IN WALLED LAKE, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, pursuant to the authorization of the Oakland County Planning and Building Committee, the West Oakland Office Building (WOOB) property at 1010 East West Maple, Walled Lake, MI , was placed for sale in the fall of 2012; and WHEREAS in the fall of 2013, the real estate firm of Landmark Commercial Real Estate Services presented Facilities Management with an offer to purchase WOOB for $626,000; and WHEREAS Facilities Management, with the assistance of Corporation Counsel, negotiated the terms and conditions of the attached purchase agreement with Landmark Commercial Real Estate Services and Samara Property Management LLC ; and WHEREAS the sale of the building will eliminate any furt her financial obligation and cost incurrence by the County for maintaining the building once any required remediation of hazardous asbestos containing materials (estimated at $2,874) and the relocation of the OakNet fiber optic hub (estimated at $150,000) is completed; and WHEREAS Samara Property Management LLC has requested that the purchase price of $626,000 be offset by the cost of lead and cadmium remediation of $23,000 – as estimated by the County’s annual contractor Rightway Remediation LLC – yielding a net purchase price of $603,000; and WHEREAS a $25,000 earnest money deposit shall be paid to the title company upon Board of Commissioners approval of the attached purchase agreement, with the balance of the $603,000.00626,000 due at closing; and WHEREAS Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached purchase agreement and recommend its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and accepts the terms and conditions of the attached purchase agreement with Samara Property Management LLC for the West Oakland Office Building (WOOB) at 1010 East West Maple, Walled Lake, MI. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs it Chairperson or his designee to execute the attached purchase agreement and all other related documents between the County and the purchaser of WOOB, which may be required to complete the purchase of the property. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or designee, if necessary, to execute the easement for the relocation of the OakNet fiber optic hub on the property once negotiated with the purchaser and Departments of Facili ties Management and Corporation Counsel, as discussed in Section 2.5 of the attached purchase agreement. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs the Director of Facilities Management to execute the closing documents required to complete the sale purchase of the property. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE _________________________________ Planning & Building Committee Page 8 February 25, 2014 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT ("Agreement") made and entered into March 7, 2014, (“Effective Date”) by and between Samara Property Management, LLC, a Michigan limited liability company, 40700 Woodward Ave, Ste 250, Bloomfield Hills, MI 48304, 40700 Woodward Ave, Ste 250, Bloomfield Hills, MI 48304 ("Purchaser") and the COUNTY OF OAKLAND, a Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341 ("Seller"), for the purchase of real property and a 17,000 square foot building located thereon, located in the City of Walled Lake, County of Oakland, State of Michigan, 1010 E. West Maple Road, Sidwell Number: 17-34-277-044 specifically described in Exhibit A ("Premises") including all rights, title, interests, and mineral rights o r mineral royalty interest in the Premises. Exhibit A is fully incorporated into this Agreement. 1. PURCHASE PRICE/DEPOSIT/OTHER COSTS OR FEES. 1.1. Purchase Price. Subject to the adjustments and prorations provided for in this Agreement, the purchase price of the Premises shall be six hundred and three twenty-six thousand dollars and no cents ($60326,000.00) payable as set forth in this Agreement. 1.2. Approval of Agreement. The Oakland County Board of Commissioners shall have until March 7, 2014, to approve and execute this Agreement. If the Oakland County Board of Commissioners does not approve and execute this Agreement by that date, then the Agreement shall be null and void. 1.3. Earnest Money Deposit. Ten (10) days after the Effective Date, Purchaser shall deposit with Seaver Title of Bloomfield Hill, Michigan (the "Title Company"), the sum of twenty -five thousand dollars and no cents ($25,000.00) (“Deposit”). The Deposit shall be held in an interest bearing account. The Deposit and the interest accrued shall be applied toward the purchase price at the time of Closing, if the sale is consummated or shall be disbursed to Seller or Purchaser in accordance with the terms of this Agreement. 1.4. Payment of Balance of Purchase Price. This is a cash sale. At the time of Closing, after applying the Deposit plus any interest, the balance of the purchase price minus any costs adjusted at closing shall be wired by Purchaser to Title Company, who shall disburse the Seller’s proceeds to Seller’s bank. 1.5. Broker’s Fee. Purchaser, under a separate agreement, shall be responsible for and pay all brokers’ fees due to Purchaser’s broker, Landmark Commercial Services in connection with the conveyance of the Premises. 1.6. Building Remediation. Seller shall perform theall remediation to the Premises as set forth in Exhibit B (“Remediation Work”). Seller shall use its best efforts to complete the remediation prior to the Closing Date, but in all events will complete the same within thirty (30) days after the Closing Date. Exhibit B is fully incorporated into this Agreement. All Remediation Work shall be performed in full compliance with all applicable laws. Supported by McGillivray. Planning & Building Committee Page 9 February 25, 2014 Motion to amend carried on a voice vote. Main motion as amended carried unanimously on a roll call vote with Bosnic absent. COMMUNICATIONS A. Food Truck Vendors Pilot Program Study Group Final Report – 1/16/14 B. Oakland County Airport Committee Minutes – 1/13/14 C. 2014 Capital Improvement Program 1 st Quarter Report D. Facilities Inspection Tour , Me dical Care Facility on 1/29/14 – Commissioner Dwyer E. Oakland County Building Authority Minutes – 1/08/14 F Economic Development and Community Affairs Department – Planning & Economic Development – 2013 Economic Development Assistance Programs Commissioner Gershenson asked that Item A be removed from the Communications and placed on the next regular agenda as a regular agenda item. McGillivray moved to receive and file C ommunications B-F. Supported by Gosselin. Motion carried on a voice v ote. McGillivray moved Direct Referral of Item 8 to the Finance Committee. Supported by Weipert. Motion carried on a voice vote. OTHER BUSINESS/ADJOURNMENT Commissioner Gosselin asked that Counsel be contacted to provide commissioners with an upda te on the Phoenix Center. There being no further business to come before the Commi ttee, the meeting adjourned at 10:43 a.m. ______________________________________ _____________________________________ Helen Hanger, Sr. Committee Coordinator Jim VerPloeg, Administrative Director NOTE: The foregoing minutes are subject to Committee approval.