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HomeMy WebLinkAboutMinutes - 2008.03.12 - 39212OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING March 12, 2008 Vice Chairman Skarritt called the meeting to order at 9:05 a.m. in the commission room of the Parks Commission's administration office. Vice Chairman Skarritt announced that, in the absence of Drain Commissioner John McCulloch, Joseph Colaianne will be serving as his designee for the meeting. COMMISSION MEMBERS PRESENT: Vice Chairman Richard Skarritt, Secretary J. David VanderVeen, Joseph Colaianne, Hugh D. Crawford, Vincent Gregory, Gregory Jamian, Eileen Kowall, Charles Palmer, Shelley Taub COMMISSION MEMBERS ABSENT: Chairman Pecky D. Lewis, Jr. ALSO PRESENT: Parks and Recreation Oakland County Facilities Management Oakland County 4-H Fair Association Oakland County Horse Council PUBLIC COMMENTS: Sue Wells, Administrator — Parks & Rec. Operations Frank Trionfi, Administrator — Parks Administration Joseph Figa, Chief of Design and Development Clyde Herb, Chief of Parks Janet Pung, Marketing & Communications Officer Jim Dunleavy, Chief of Recreation Mike Donnellon, Architectural Engineer II Sheila Cox, Accountant IV Sandy Dorey, Therapeutic Recreation Supervisor Suzanne Kici, Office Assistant Mike Hughson, Property Management Specialist LC Scramlin, General Manager Dave Coleman, President Debbie Morgan, President Pam Que, Vice President Oakland County Horse Council President Debbie Morgan thanked Executive Officer Dan Stencil and the Parks Commission for the recent response to the Council's request for reconsideration of a meeting to discuss the timeline for the proposed Building K construction at Springfield Oaks. APPROVAL OF MINUTES: Moved by Mr. Gregory, supported by Mrs. Taub to approve the minutes of the regular meeting of February 6, 2008, as written. AYES: Colaianne, Crawford, Gregory, Jamian, Palmer, Skarritt, Taub (7) NAYS: (0) Motion carried on a voice vote. COMBINED STATEMENT OF OPERATIONS: 4-1 (Commission Meeting, March 12, 2008) The Combined Statement of Operations for the month ending January 31, 2008 (FM 4, 08) was accepted as filed. ACTIVITY REPORT: The Activity Report for the month of January, 2008 was accepted as filed. OAKLAND COUNTY 4H FAIRBOARD REQUEST — SPRINGFIELD OAKS ACTIVITY CENTER: Moved by Mr. Colaianne, supported by Mr. VanderVeen to approve the request from the Oakland County Fair Association to apply through the Michigan Liquor License Commission for a temporary liquor license for two special events being held at the Springfield Oaks Activity Center in July, 2008. AYES: Colaianne, Crawford, Gregory, Jamian, Palmer, Skarritt, Taub, VanderVeen (8) NAYS: (0) Motion carried on a voice vote. GENERAL INFORMATION AND REGULATIONS REVISIONS: Moved by Mr. Palmer, supported by Mr. Crawford to adopt the following resolution to approve revisions to the Parks Commission's General Information and Regulations: WHEREAS, the Oakland County Parks and Recreation Commission was established by the Oakland County Board of Supervisors in 1966 under P.A. 261; and WHEREAS, P. A. 261 includes a provision to allow county parks commissions to make rules for the protection, regulation and control of all its facilities and areas with the approval of the Oakland County Board of Commissioners; and WHEREAS, the Oakland County Parks and Recreation Commission has established rules and regulations for this protection, regulation and control; and WHEREAS, revisions for clarification purposes are requested, which have been reviewed and approved by the Oakland County Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission approves the revisions to the General Information and Regulations as reviewed by Oakland County Corporation Counsel. NOW THEREFORE BE IT FURTHER RESOLVED that these revised General Information and Regulations be forwarded to the Oakland County Board of Commissioners for approval. AYES: Colaianne, Crawford, Gregory, Jamian, Kowall, Palmer, Skarritt, Taub, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. MINI -GRANT — CONCERT IN THE PARKS PROGRAM: 4-2 (Commission Meeting, March 12, 2008) Moved by Mr. Jamian, supported by Mrs. Kowall to adopt the following resolution to accept the Mini -grant for the Concerts in the Park Program: WHEREAS, the Oakland County Parks and Recreation Commission has applied for a $4,000 grant for the "Concerts In The Park" Program through the Oakland County Cultural Council and Michigan Council for Arts and Cultural Affairs; and WHEREAS, the "Concerts In The Park" Program was developed to promote music, arts and culture across Oakland County based on input from community organizations, parks and recreation department directors, and Oakland County Parks and Recreation Commission and staff members; and WHEREAS, the "Concerts In The Park" Program meets the Oakland County Parks and Recreation Commission's goals and objectives of innovative specialized recreation programs and cultural experiences; and WHEREAS, the goals and objectives will assist the Oakland County Parks and Recreation Commission in determining future specialized recreation programs, in providing these programs to communities and organizations where these resources are otherwise unavailable and to increase exposure and appreciation for arts and culture. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission accepts the "Concerts In The Park" Mini -Grant application in the amount of $4,000 through the Oakland County Cultural Council and Michigan Council for Arts and Cultural Affairs. AYES: Colaianne, Crawford, Gregory, Jamian, Kowall, Palmer, Skarritt, Taub, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. DISCOUNTS —ACTIVE MILITARY/ADAPTIVE RECREATION: Commission discussed the proposed active military/adaptive recreation discounts, including the number of active military members in the county, consideration for immediate or extended family members, plus the possibility of waiving the park fees to those on active duty. Moved by Mr. Jamian, supported by Mrs. Kowall to carry the proposed active military/adaptive recreation discounts forward to the next meeting. Commission directed staff to research the information as discussed and to prepare proposed language based on the research for further review at the next Commission meeting. AYES: Colaianne, Crawford, Gregory, Jamian, Kowall, Palmer, Skarritt, Taub, VanderVeen (9) NAYS: (0) Motion carried on a voice vote. OAK MANAGEMENT CORP. LEASE ADDENDUM: Corporation Counsel has recommended that the lease addendum for the negotiated rental rates with Oak Management Corporation be approved by the Oakland County Board of Commissioners. 4-3 (Commission Meeting, March 12, 2008) Therefore, staff requested Commission approval of a resolution recommending the addendum be forwarded for approval by the Oakland County Board of Commissioners. Moved by Mrs. Taub, supported by Mr. Palmer to adopt the following resolution supporting approval of the addendum to the Oak Management Corporation lease: WHEREAS, this first Amendment (Amendment) is attached and made a part of a certain Lease Agreement (Agreement) dated December 14, 2006, by and between the COUNTY OF OAKLAND, (Lessor) a Michigan Municipal and Constitutional Corporation, whose address is 1200 N. Telegraph Rd., Pontiac, Michigan, 48341, on behalf of the OAKLAND COUNTY PARKS AND RECREATION COMMISSION (Parks), and E. A. FULLER OAK MANAGEMENT CORPORATION (Lessee), a Michigan Corporation; and WHEREAS, the Lessor and the Lessee agree to revise the rental payments for the Premises for the year 2008; and, WHEREAS, the Agreement provides that the Lessee may extend the Lease through 2015 if it meets the conditions stated in the Agreement; and, WHEREAS, the Lessor and Lessee are desirous of establishing the rental payments for the years 2009 through 2015 (which will be the same for the year 2008) at this time. NOW THEREFORE BE IT RESOLVED, in consideration of the mutual promises and covenants set forth below, the Lessor and Lessee agree as follows: 1. Section 4 TERM of LEASE of the Agreement is revised to read as follows: Tenth Amendment: A. Section 1.3 of the Concession Agreement is amended to include the following paragraph: "Providing Lessee shall not be in default under the terms and conditions of this Agreement, it shall have the right at its option to extend the term of this Agreement for an additional seven (7) year period to commence on January 1, 2009 and end on December 31, 2015 at the rental payments for the premises as set forth in Section 5 of this Agreement. 2. Section 5 LEASED PREMISES and RENT of the Agreement is revised to read as follows: B. Paragraph 4.2 of the Concession Agreement is modified to substitute the following in its entirety: 4.2 Payments by Lessee. Lessee, in consideration of this Agreement, hereby covenants and agrees to pay the Lessor the following sums (which include charges for heat, electricity and water service) as rent for the Premises for the year 2008, and, if the Agreement is extended, for the years 2009 through 2015, to wit: White Lake Oaks Lessee shall pay as rental eleven and one-half percent (11.5%) of total annual gross sales. Addison Oaks Conference Center 4-4 (Commission Meeting, March 12, 2008) Lessee shall pay as rental nine and one-half percent (9.5%) of total annual gross sales. Addison Oaks Concession Stand Lessee shall pay as rental one hundred percent (100%) of the annual gross sales up to $1,600 and twelve percent (12%) of the total annual gross sales over $1,600. Springfield Oaks Golf Clubhouse Lessee shall pay as rental ten percent (10%) of the total annual gross. Springfield Oaks Activity Center Lessee shall pay as rental ten percent (10%) of the total annual gross sales. Waterford Oaks Activity Center Lessee shall pay as rental ten percent (10%) of the total annual gross sales. Red Oaks Golf Course Lessee shall provide vending machines for the golf course pro shop and concession services for the golf course and shall pay as rental ninety percent (90%) of the total annual gross sales. Red Oaks Wave Pool Concession Stand Lessee shall pay as rental twelve percent (12%) of the total annual gross sales. Waterford Oaks Wave Pool Concession Stand Lessee shall pay as rental twelve percent (12%) of the total annual gross sales. Waterford Oaks Refrigerated Toboggan Run Lessee shall pay as rental ten percent (10%) of the total annual gross sales. Groveland Oaks Concession Stand Lessee shall pay as rental twelve percent (12%) of the total annual gross sales. Independence Oaks Concession Stand Lessee shall pay as rental one hundred percent (100%) of the annual gross sales. Glen Oaks Golf Clubhouse Lessee shall pay as rental sixteen percent (16%) of the total annual gross sales on the banquet facility and grill room facility. Lyon Oaks Golf Clubhouse Lessee shall pay as rental fifteen and one-half percent (15.5%) of the total annual gross sales on the banquet facility and grill room. The term gross sales shall include the gross amount of all sales of every kind and description made in, upon, or resulting from the conduct of the business of Lessee upon the various recreational facilities covered by this Agreement, but after deduction therefrom refunds made in the normal course of business, service charges and amounts paid for sales tax. Net proceeds from vending machines shall be included in gross sales. All percentage payments provided hereunder shall be payable quarterly, not later than the thirtieth (30th) day following the end of the first three (3) months of operation and the end of each three (3) month period thereafter, and shall be based upon reports furnished by Lessee to the Lessor with such payments. Lessee shall furnish to the Lessor within sixty (60) days after the closing of each calendar year a report certified to by an officer of Lessee, showing Lessee's gross receipts during the preceding calendar year, the amount of any accumulated prior deficiency 4-5 (Commission Meeting, March 12, 2008) in percentage payments, and the net percentage payment, if any, owing hereunder for such period, provided that, if at the end of any quarter it is determined that Lessee has paid for said year to date a greater sum than would have been payable under the provisions hereof, an adjustment shall be made for such excess payment. If payments from the Lessee are not made within the specified sixty (60) days after the closing of each calendar year, simple interest shall accrue, but will not result in a violation of the Concession Agreement. AYES: Colaianne, Gregory, Jamian, Kowall, Palmer, Skarritt, Taub, VanderVeen (8) NAYS: (0) Motion carried on a voice vote. KIDWELL PROPERTY ACQUISITION: Moved by Mr. Gregory, supported by Mr. Jamian to authorize staff to remove the contingency on the purchase agreement for the Kidwell residence in Waterford Township. AYES: Colaianne, Gregory, Jamian, Kowall, Palmer, Skarritt, Taub, VanderVeen (8) NAYS: (0) Motion carried on a voice vote. EXECUTIVE OFFICER'S REPORT: In addition to the Executive Officer's report filed in the agenda, the following information was noted: ---The public meeting to present the draft of the Strategic Master Plan has been rescheduled to 6:30 p.m. on Wednesday, April 2 at the Waterford Oaks Activity Center. ---Recognition lunch has been scheduled for noon on Friday, April 11 at the Waterford Oaks Activity Center. ---Commission directed staff to research the appropriate approval process to accept the donation of 250 yards of 50' high protective netting plus 16 poles from Oak Management Corporation, and then present the information required to accept the donation. OLD BUSINESS: Commission discussed the 4-H Horse Council's request for a meeting with Chairman Lewis and Executive Officer Stencil. Although sympathetic to the Horse Council's concerns, the Commission reiterated the importance of determining priorities based on the strategic plan. After further discussion, Commission concurred to suggest Chairman Lewis and Executive Officer Stencil meet with the Horse Council. NEW BUSINESS: Commissioner VanderVeen shared information on recently introduced legislation (SB 1186) that proposes moving all county taxes to a summer collection. Meeting was adjourned at 10:05 a.m. The next Comm�ksion meeting will be at 9:00 a.m. on Wednesday, April 2, 2008. David ee-Secretary Karen S. Kohn CPS/CAP, Recording Secretary