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HomeMy WebLinkAboutMinutes - 2006.11.29 - 39175OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING November 29, 2006 Chairman Pecky D. Lewis, Jr. called the meeting to order at 9:08 a.m. in the commission room of the Parks and Recreation Commission's administration office. COMMISSION MEMBERS PRESENT. Chairman Pecky D. Lewis, Jr., Vice Chairman Richard Skarritt, Secretary J. David VanderVeen, Hugh D. Crawford, Vincent Gregory, Martin Knollenberg, John McCulloch, Charles Palmer, John Richards ALSO PRESENT: Parks and Recreation Oakland County 4-H Fair Association Oakland County Corporation Counsel Oakland County Purchasing Oakland County Board of Commissioners Oak Management Corporation Carl isle/Wortman Associates PUBLIC COMMENTS: There were no public questions or comments. Daniel Stencil, Executive Officer Sue Wells, Administrator — Pks & Rec. Operations Frank Trionfi, Administrator - Administration Joseph Figa, Chief, Design and Development Mike Thibodeau, Chief of Golf Jim Dunleavy, Chief of Recreation Jan Pung, Communications & Marketing Officer Sheila Cox, Accountant IV Jon Noyes, Architectural Engineer I Phil Castonia, Recreation Supervisor LC Scramlin, General Manager Art Noren, Director Judy Cunningham, Corporation Counsel John Ross, Sr. Assistant Corporation Counsel Joan Daniels, Buyer Jeff Potter, Chair, Oak Mgt. Contract Ad Hoc Comm. Janet Lekas, Vice President Nick Lekas, District Manager Dan Shaw, VP of Operations Lucy Fortin Chairman Lewis congratulated Commissioners Crawford and Gregory on their re-election, and Commissioners Crawford, Palmer, and Richards on receiving recommendations for re -appointment to the Parks Commission. He also congratulated Commissioner Knollenberg on his election as state representative, and accepted — with reluctance — Commissioner Knollenberg's resignation from the Parks Commission effective January 4, 2007. APPROVAL OF MINUTES: Moved by Mr. Crawford, supported by Mr. Palmer to approve the minutes of the meeting of November 1, 2006, as written. AYES: Crawford, Gregory, Knollenberg, Lewis, McCulloch, Palmer, Richards, Skarritt, VanderVeen (9) NAYS: (0) 4-1 (Commission Meeting, November 29, 2006) Motion carried on a voice vote. ACTIVITY REPORT: The Activity Report for September, 2006, as revised, was accepted as filed. RECREATION MASTER PLAN UPDATE: Lucy Fortin, Carlisle/Wortman & Associates, reviewed the proposed draft of the revised recreation master plan, noting the contents in the plan and the cited sources for the data. She also noted that the plan is written to answer the state's mandated requirements for the plan and is designed to ensure that grant applications meet the Parks Commission's strategic plan. Several comments were received, including: • Changing the population of Oakland County from 12 million to 1.2 million • Sharing an information source on "young seniors" and "pre -seniors" from Commissioner McCulloch to the consultant • Adding "We are in the process of developing a master plan" under Rose Oaks • The urban parks, recreation programs and services strategy, which will be included in the amended plan. Commissioners were asked to provide any additional input prior to December 5, at which time there will be a 30-day period to receive public input. After all the input is received, the plan will be forwarded to the General Government Committee for referral to the full Board of Commissioners for approval. Deadline to submit this plan to the state is March 1, 2007. Chief of Design and Development Joe Figa noted that the plan can be amended to incorporate any changes. Chairman Lewis inquired about the approval process through the Oakland County Board of Commissioners, asking if the plan would be returned to the Parks Commission, should the Board of Commissioners revise it. According to Corporation Counsel Cunningham, yes, it would return to the Parks Commission for attention, unless the change is minor. 2007 MASTER CALENDAR: Commission rescheduled the February meeting to January 31 and the March meeting to Thursday, March 8 at 2 p.m. A finalized copy of the schedule will be distributed. OAK MANAGEMENT CORPORATION LEASE RATIFICATION: Moved by Mr. Crawford, supported by Mr. VanderVeen to adopt the following resolution to ratify the Oak Management Corporation contract as a lease: WHEREAS, in February, 2005, the Oakland County Parks and Recreation Commission (Commission) requested the County's Department of Corporation Counsel review a proposed 11th Amendment to a Concession Agreement originally entered into between the Commission and Oak Management in April, 1974; and 4-2 (Commission Meeting, November 29, 2006) WHEREAS, the 1974 Agreement and the subsequent Amendments to it provide that Oak Management operate the food and/or alcohol concessions at the following county parks: Addison Oaks Concession Stand Addison Oaks Conference Center Glen Oaks Golf Clubhouse Groveland Oaks Concession Stand Independence Oaks Concession Stands Lyon Oaks Golf Course Red Oaks Waterpark Springfield Oaks Golf Clubhouse Springfield Oaks Youth Activities Center Waterford Oaks Activities Center Waterford Oaks Wave Pool Concession Stand White Lake Oaks Golf Clubhouse WHEREAS, this Agreement and subsequent Amendments also give Oak Management "the exclusive right in all facilities subject to this agreement to operate restaurant facilities."; and WHEREAS, upon reviewing the proposed 11th Amendment, the original Agreement and the ten Amendments to it (with various dates occurring between 1974 and 2005), Counsel identified some critical issues, primarily that the Agreement (i.e., the 1974 Agreement) and the subsequent ten Amendments constituted a Lease of County property; and WHEREAS, this Lease, which heretofore was referred to as a "Concession Agreement," was never approved by the Oakland County Board of Commissioners (Board) as it should have been pursuant to MCL 46.11(d), currently MCL 46.11(c); and WHEREAS, Corporation Counsel and Parks and Recreation staff attempted to resolve the issues raised by Corporation Counsel; ultimately the Commission staff withdrew its request for Counsel's review of the 11th Amendment; and WHEREAS, in May, 2006, the County Executive advised the Oakland County Board of Commissioners by way of a letter detailing the above -stated history, outlining the issues and offering recommendations for going forward; and WHEREAS, the interested parties recognize that for 32 years the business relationship between Oak Management and the Oakland County Parks and Recreation Commission has been mutually beneficial for all parties, as well as for the citizens of Oakland County who have availed themselves of Parks and Recreation facilities and the enhancements by which Oak Management has refined them; and WHEREAS, Oak Management has expended more than $2.1 million to enhance County facilities, including but not limited to, the following: building and leasehold improvements, as well as furniture and fixtures at Addison Oaks, Glen Oaks, Lyon Oaks, and White Lake Oaks; new furniture and fixtures at Groveland Oaks, Springfield Oaks, Red Oaks, Addison Oaks, and Independence Oaks; and WHEREAS, the Board of Commissioners is mindful and appreciative of the long- standing relationship between the parties and has determined to waive the County's 4-3 (Commission Meeting, November 29, 2006) customary competitive bidding processes, thereby maintaining the continuity of quality services provided by Oak Management; and WHEREAS, the County Executive, the Board of Commissioners, the Parks and Recreation Commission, and Oak Management are unified in a concerted desire to properly designate the relationship between the parties with the appropriate legal documents, statutory procedures, and County policies. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission requests this Lease be forwarded to the Planning and Building, and Finance Committees for final referral to the Board of Commissioners. BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission requests the Oakland County Board of Commissioners ratify the business relationship between Oak Management and Oakland County Parks and Recreation originally entered into in April, 1974, as a Lease of County property. BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission requests the Board of Commissioners hereby acknowledge the Lease between the Parks and Recreation Commission and Oak Management through December 31, 2015. BE IT FURTHER RESOLVED that this Board hereby acknowledges and approves the Lease as set forth in the attached documents. Chairman Lewis expressed concern about the 90-day negotiation period. Corporation Counsel Cunningham confirmed that negotiations do not have to wait until that 90-day window; they can begin prior to that time, but must be completed by the end of that period. AYES: Crawford, Gregory, Knollenberg, Lewis, McCulloch, Palmer, Richards, Skarritt, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. Executive Officer Stencil thanked Committee Chairman Potter, the members of the ad hoc committee, and everyone involved in this effort for their time and assistance. COMMUNITY FORESTRY GRANT ACCEPTANCE Moved by Mr. Palmer, supported by Mr. Crawford to adopt the following resolution in support of the acceptance of the 2006-07 Community Forestry Grant: WHEREAS, Oakland County Park and Recreation has been notified of the award of a 2006-2007 COMMUNITY FORESTRY GRANT, administered by the Michigan Department of Natural Resources; and WHEREAS, the $3,000.00 reimbursement grant will help offset the cost of reforestation efforts at the Groveland Oaks Campground that has been budgeted for fiscal year 2007; and WHEREAS, the matching funds for the COMMUNITY FORESTRY GRANT will come from the % mil for parks; 4-4 (Commission Meeting, November 29, 2006) NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission supports the acceptance of the 2006-2007 COMMUNITY FORESTRY GRANT. BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission approves the following amendment to the Fiscal Year 2007 Groveland Oaks budget: BUDGET AMENDMENT Revenue Groveland Oaks — General Services, Parks — Operating Contributions 5060720-160070-650104 $3,000.00 Expense Groveland Oaks — General Services, Parks — Grounds Maintenance 5060720-160070-730814 $3,000.00 -$0- AYES: Crawford, Gregory, Knollenberg, Lewis, McCulloch, Palmer, Richards, Skarritt, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. DTE FOUNDATION TREE PLANTING GRANT: Moved by Mr. Skarritt, supported by Mr. VanderVeen to adopt the following resolution in support of the application for a DTE Foundation Tree Planting grant: WHEREAS, Oakland County Parks and Recreation has been severely impacted by the effects of the Emerald Ash Borer infestation; and WHEREAS, Oakland County Park staff has been notified of funding opportunities for replacement tree material through the DTE ENERGY FOUNDATION TREE PLANTING GRANT PROGRAM, administered by the Michigan Department of Natural Resources; and WHEREAS, matching funds forthe $3,000 TREE PLANTING GRANTwill come from the'/4 mil for parks. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission supports the application for the DTE ENERGY FOUNDATION TREE PLANTING GRANT. AYES: Crawford, Gregory, Knollenberg, Lewis, McCulloch, Palmer, Richards, Skarritt, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. 4-5 (Commission Meeting, November 29, 2006) :M Moved by Mr. McCulloch, supported by Mr. Gregory to approve the following bids as recommended by staff: Purchase of six Tornado BF 4-wheel Pedal Karts for rental at Addison Oaks from Prime Pedal Karts LLC in the amount of $4,944.00 Contract for the purchase and installation of a pre -manufactured bridge for the Connector Trail at Independence Oaks to Custom Manufacturing, Inc., in the amount of $26,200, plus a five percent contingency of $1,310.00, for a total approved budgeted amount of $27,510.00. Purchase of replacement refrigeration tubing and eyelets for The Fridge at Waterford Oaks to Calmec in the amount of $6,121.63. Commissioner Skarritt requested staff include notations in the bid summaries for single bids that staff has contacted the other vendors and the reasons why they chose not to bid. AYES: Crawford, Gregory, Knollenberg, Lewis, McCulloch, Palmer, Richards, Skarritt, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. ACCOUNTS RECEIVABLE WRITE OFF: Moved by Mr. Gregory, supported by Mr. Palmer to approve an accounts receivable write off of $50 owed from a swim lesson at the Waterford Oaks Waterpark from 2005. AYES: Crawford, Gregory, Knollenberg, Lewis, McCulloch, Palmer, Richards, Skarritt, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. Chief of Recreation Jim Dunleavy will follow up on Commissioner McCulloch's suggestion to contact Easter Seals about this situation. SUMMER 2006 MARKETING REPORT: Marketing and Communications Officer Jan Pung reviewed the Summer 2006 Marketing Report, sharing highlights regarding the website impact; attendance and discount coupons for the waterparks, camping, and golf courses; group sales; Yellow Pages Internet ads; and the seasonal staff and promotional DVDs. IN-HOUSE BUYER ASSIGNMENT: Administrator — Parks Administration Frank Trionfi shared recent discussions with Purchasing to have a Buyer stationed at the Parks administration office. This is a practice currently being done in other departments, to their benefit, allowing for greater efficiency. The Buyer's salary will still be paid by purchasing; we will be providing the office space. 4-6 (Commission Meeting, November 29, 2006) Buyer Joan Daniels will be the Buyer assigned to the Parks as soon as space is designated and ready for her. If she cannot be here, there will be a Procurement Technician on site; we will then have Purchasing staff on site five days a week to provide their assistance. EXECUTIVE SESSION: Moved by Mr. Crawford, supported by Mr. VanderVeen to adjourn to Executive Session for the purpose of discussing a proposed land acquisition. ROLL CALL VOTE: AYES: Crawford, Gregory, Knollenberg, Lewis, McCulloch, Palmer, Richards, Skarritt, VanderVeen (9) NAYS: (0) A sufficient majority having voted, the motion carried. The Chair declared the meeting closed at 10:34 a.m. The meeting resumed in open session at 11:16 a.m. EXECUTIVE OFFICER'S REPORT: In addition to the Executive Officer's Report filed in the agenda, the following was noted: ---Commissioner Richards will be joining Commissioner McCulloch with review of the financial/operational assessment RFPs. NEW BUSINESS: Commissioner VanderVeen shared information on a recent meeting between the director of The Detroit Zoo and County Executive L. Brooks Patterson to discuss a potential .1 millage for the counties of Wayne, Macomb, and Oakland. Staff may wish to contact the Zoo staff regarding timing of the millage elections to avoid holding them at the same time. The next Commission meeting will be at 9:00 a.m. on Wednesday, January 3, 2007 at the Parks Commission's administration office. The meeting, wks adjourned at 11:25 a.m. J. Dav�VanderVeen, Secretary Karen S. Kohn CPS/CAP, Recording Secretary 4-7