HomeMy WebLinkAboutMinutes - 2009.12.02 - 39236OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING
December 2, 2009
Chairman Lewis called the meeting to order at 9:05 a.m. in the commission room of the Parks Commission's
administration office.
COMMISSION MEMBERS PRESENT:
Chairman Pecky D. Lewis, Jr., Vice Chairman Richard Skarritt, Secretary J. David VanderVeen, Tim
Burns, Gerald Fisher, Robert Kostin, Christine Long, John McCulloch, Charles Palmer, John Scott
ALSO PRESENT:
Parks and Recreation
Oakland County Fiscal Services
Oakland County Facilities Management
Oakland County Corporation Counsel
Oakland County Executive Office
North Oakland Headwaters Land Conservancy
Headwaters Trails, Inc.
PUBLIC COMMENTS:
Daniel Stencil, Executive Officer
Sue Wells, Manager — Parks & Rec. Operations
Jim Dunleavy, Chief -Parks Maint. & Ops. North
Larry Gee, Chief -Parks Maint. & Ops. South
Mike Donnellon, Chief -Parks Fac., Maint. & Dev.
Terry Fields, Chief -Recreation Programs & Services
Karen Kohn, Supervisor -Administrative Services
Phil Castonia, Business Development Representative
Melissa Prowse, Business Development Representative
Stephanie Mackey, Business Development Representative
Desiree Stanfield, Supervisor -Communications
Cindy Weil, Technical Aide
Stephanie Marchbanks, Recreation and Trails Planner
Sheila Cox, Capital Improvement Coordinator
Mike Hughson, Property Management Specialist
Jody Hall, Assistant Corporation Counsel
Phillip Bertolini, Deputy County Executive
Katie Anderson, Executive Director
Sue Julian, President
Executive Officer Stencil noted the exhibit on display in the Commission Room is from the Michigan Barn
Preservation Network which showcases Michigan's heritage barns.
APPROVAL OF MINUTES:
Moved by Mr. Palmer, supported by Mr. Scott to approve the minutes of the regular meeting
of November 4, 2009, as written.
AYES: Fisher, Kostin, Lewis, Long, McCulloch, Palmer, Scott, Skarritt, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
APPROVAL OF PAYMENTS:
Moved by Mr. Kostin, supported by Mr. Palmer to approve the Internal Service and Department funds
Payment Register for the month ending 9/30/09 (FM 12, FY 09); Oak Management Inc. Credit for
Services Rendered Register for July, August, September (FM 10, 11 & 12, FY 09); Payment Register
for the month ending 9/30/09 (FM 12, FY 09).
AYES: Fisher, Kostin, Lewis, Long, McCulloch, Palmer, Scott, Skarritt, VanderVeen (9)
NAYS: (0)
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(Commission Meeting, December 2, 2009)
Motion carried on a voice vote.
COMBINED STATEMENT OF OPERATIONS:
Moved by Mr. VanderVeen, supported by Mrs. Long to approve the Combined Statement of
Operations for the month ending 9/30/09 (FM 12, FY 09).
AYES: Fisher, Kostin, Lewis, Long, McCulloch, Palmer, Scott, Skarritt, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
CAPITAL IMPROVEMENT PROGRAM BUDGET REPORT:
Moved by Mrs. Long, supported by Mr. Palmer to approve the Capital Improvement Program (CIP)
Budget Report as of 9/30/09.
AYES: Burns, Fisher, Kostin, Lewis, Long, McCulloch, Palmer, Scott, Skarritt, VanderVeen (10)
NAYS: (0)
Motion carried on a voice vote.
APPROVAL OF AGENDA:
Staff was directed to add "Approval of Agenda" item to all future meeting agendas; to follow Public Comments.
PROTOCOL FOR CLOSED SESSION:
After discussion, consensus was to establish a protocol for closed sessions to include the following:
• People not directly involved in an item on the agenda for closed session will be excluded from the
closed session.
• Only relevant staff, commissioners, executive officer and recording secretary will remain in closed
session.
• Any input from the public regarding an item for closed session will be submitted to the Commission in
writing.
• Corporation Counsel advised against instituting a formal policy for closed session; instead it was
recommended that the Commission follow the Open Meetings Act.
Staff was directed to provide a handbook for items of this nature, including meeting procedures. Staff was
also directed to attach letters from Commissioner McCulloch (Exhibit 1) and Jody Hall, Corporation Counsel,
(Exhibit 11) to the minutes.
PURCHASE AGREEMENTS:
Staff was directed to work with Corporation Counsel to determine who has the authority to rescind a purchase
agreement if necessary. Staff will provide its findings at the January meeting.
CLOSED SESSION:
Moved by Mr. McCulloch, supported by Mr. VanderVeen to adjourn to Closed Session forthe
purpose of discussing proposed land acquisitions.
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(Commission Meeting, December 2, 2009)
ROLL CALL VOTE:
AYES: Burns, Fisher, Kostin, Lewis, Long, McCulloch, Palmer, Scott, Skarritt, VanderVeen (10)
NAYS: (0)
A sufficient majority having voted, the motion carried.
The Chair declared the meeting closed at 9:33 a.m. The meeting resumed in open session at 9:50 a.m.
UPPER BUSHMAN LAKE LAND ACQUISITION RESOLUTION
Moved by Mr. Palmer, supported by Mr. Burns to adopt the following resolution, with recommended
changes, in support of the Purchase Agreement with Craig Arnold and Maria Barrett Arnold for the
purchase of approximately 186 acres of land located in Independence Township, in the amount of
$2,836,000, to be forwarded to the Oakland County Board of Commissioners for authorization and
approval.
WHEREAS, upon recommendation of the Oakland County Parks and
Recreation Commission, the Oakland County Board of Commissioners accepted the
first grant from the Michigan Department of Natural Resources (DNR) for the acquisition
of property in Independence Township for the expansion of Independence Oaks County
Park through the adoption of Miscellaneous Resolution #08009; and
WHEREAS, pursuant to the authorization of the Oakland County Planning and
Building Committee, the Oakland County Parks and Recreation Commission and the
Department of Facilities Management, with the assistance of Oakland County
Corporation Counsel, have negotiated the terms and conditions of the attached
Purchase Agreement with Craig Arnold and Maria Barrett Arnold for the purchase of
approximately 186 acres of land located in Independence Township; and
WHEREAS, the Oakland County Parks and Recreation Commission has budgeted
sufficient funds from its land acquisition fund to complete the purchase of said property;
and
WHEREAS, the Oakland County Parks master plan strategy 1.1 states
"Implement a strategic land acquisition and land management transfer strategy that
recognizes the value of parkland in urban areas, while also acquiring land in others
areas of the county to complement other local government efforts;" and
WHEREAS, pursuant to the terms and conditions of said Purchase Agreement
and in accordance with Michigan Natural Resources Trust Fund Agreement No. TF06-
199, the County of Oakland shall pay Craig Arnold and Maria Barrett Arnold the sum of
$2,836,000.00 via a cash sale for the purchase of said property, subject to the County
performing its required due diligence investigation of the subject property; and
WHEREAS, the Departments of 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 Parks and
Recreation Commission hereby recommends that the Oakland County Board of
Commissioners approve and accept the terms and conditions of the attached Purchase
Agreement between the County of Oakland as purchaser and Craig Arnold and Maria
Barrett Arnold, seller for a cash sale purchase.
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(Commission Meeting, December 2, 2009)
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation
Commission hereby recommends that the County of Oakland Board of Commissioners
direct its Chairperson or his designee to execute the attached Purchase Agreement and
all other related documents between the County of Oakland and Craig Arnold and Maria
Barrett Arnold, which may be required to complete the purchase of said property.
AYES: Burns, Fisher, Kostin, Lewis, Long, McCulloch, Palmer, Scott, Skarritt, VanderVeen (10)
NAYS: (0)
Motion carried on a voice vote.
ACTIVITY REPORT:
The Activity Report for the month of November, 2009 was accepted as filed.
STAFF INTRODUCTION:
Executive Officer Stencil introduced Stephanie Marchbanks, who joins the staff as the Recreation and Trails
Planner in the Planning department.
2009 STAFF RECOGNITION PROJECTS AND ACCOMPLISHMENTS:
The Commission viewed a presentation on staff recognition, projects and accomplishments for 2009.
FISCAL YEAR 2009 YEAR END REPORTS:
Moved by Mr. Palmer, supported by Mr. VanderVeen to approve the Fiscal Year 2009 Year End
Financial Report.
AYES: Burns, Fisher, Kostin, Lewis, Long, McCulloch, Palmer, Scott, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
REVISION OF BALLOT LANGUAGE RESOLUTION
Staff presented a resolution with amended language; including a second date for the ballot should the ballot
not pass on the original date. After discussion, no action was taken.
OAK MANAGEMENT LEASE CLARIFICATION:
Moved by Mr. Fisher, supported by Mr. Palmer to approve the Lease Clarification as a clarification to
the current lease between Oakland County Parks and Recreation Commission and Oak Management
Corporation.
AYES: Burns, Fisher, Kostin, Lewis, Long, McCulloch, Palmer, Scott, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
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(Commission Meeting, December 2, 2009)
OAKLAND COUNTY SHERIFF'S OFFICE CONTRACT RESOLUTION:
Moved by Mrs. Long, supported by Mr. Fisher to approve renewal of a one-year contract with the
Oakland County Sheriff's Office for 2010 at the rates provided in the proposed contract.
AYES: Burns, Fisher, Kostin, Lewis, Long, McCulloch, Palmer, Scott, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
LIFEGUARD APPLICATION FEE RESOLUTION:
Staff presented a resolution requesting the implementation of a lifeguard application fee to cover the cost of
the training manuals which are purchased for all applicants. After discussion, no action was taken.
AWARD PRESENTATION:
Executive Officer Stencil presented an award to Phil Bertolini and the Oakland County Information Technology
eGovernment Team for the creation of the Recreation and Conservation Portal, which showcases the parks
system's programs, services and conservation efforts as the primary tenant on the website.
2010 RECREATION STIMULUS PROGRAM:
The Commission suggested staff consider changing the name of the program; therefore, staff will meet and
bring back a recommendation to the Commission in January, 2010 for approval.
Moved by Mr. Fisher, supported by Mr. VanderVeen to approve the 2010 Recreation Stimulus
Program which provides recreational opportunities and experiences to cities, villages and townships;
community parks and recreation departments; schools; downtown development authorities; non-profit
organizations; and areas void of recreation opportunities, in the amount of $100,000.
AYES: Burns, Fisher, Kostin, Lewis, Long, McCulloch, Palmer, Scott, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
2010 OAKLAND COUNTY PARKS AND RECREATION COMMISSION MASTER CALENDAR:
Moved by Mrs. Long, supported by Mr. Scott to approve the proposed 2010 Master Commission
Meeting Calendar for the Oakland County Parks and Recreation Commission.
AYES: Burns, Fisher, Kostin, Lewis, Long, McCulloch, Palmer, Scott, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
QUARTERLY STAFF UPDATES:
Mike Donnellon, Chief -Facilities, Maintenance and Development, provided a quarterly update for the Capital
Improvement Program and Major Maintenance. Commissioners were invited to attend the Users Workshop
on December 9 at the Barton Malow offices to provide input for the Catalpa Oaks Master Plan.
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(Commission Meeting, December 2, 2009)
EXECUTIVE OFFICER'S REPORT:
In addition to the Executive Officer's report filed in the agenda, the following information was noted:
--Decals were designed and placed on the entry doors of the administration office that have the appearance of
etched glass, but are more economical. Staff is considering use of these decals at all faculties and welcomed
commission input.
--A Deer Management meeting will be held on Thursday, December 3 at Independence Oaks Wint Nature
Center. Tim Payne from the Michigan Department of Natural Resources -Wildlife Division will be on hand to
answer questions from the public.
OLD BUSINESS:
None.
NEW BUSINESS:
None.
The meeting adjourned at 11:03 a.m.
The next Commission meeting will be at 9:00 a.m. on Wednesday, January 6, 2009, at Waterford Oaks —
Administratior\Office.
J. David VanderVeen, Secretary Suzartne L. Kici, Recording Secretary
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-VlkWRC EXHIBIT I
WATER RESOURCES
John P. McCulloch
November 9, 2009
Mr. Pecky D. Lewis, Jr.
Mr. Daniel J. Stencil
Chairman
Executive Officer
Oakland County Parks
Oakland County Parks
& Recreation Commission
& Recreation Commission
2800 Watkins Lake Road
2800 Watkins Lake Road
Bldg 97-West
Bldg 97-West
Waterford, MI 48328
Waterford, MI 48328
Re: Oakland County Parks & RecreationCommission
Closed Session Protocol and Land Purchase Agreements
Dear Messrs. Lewis and Stencil:
I am writing to convey my concerns and to suggest recommendations with respect to the
following: (1) protocols for closed session meetings; (2) commission matters previously
discussed and brought back for further consideration, and (3) due diligence contingencies
contained in Oakland County's standard land purchase agreement.
Pursuant to the Michigan Open Meetings Act, the Parks and Recreation Commission may
only meet in closed session for the reasons set forth in the act. One of the exceptions to
the prohibition on closed meetings is the commission's consideration of the purchase or
lease of real property. To be sure, nothing in the act restricts who may be permitted to
participate in a closed session, but I find it highly irregular to have persons other than
legal counsel or pertinent county staff involved. At our most recent commission meeting,
there were non -county persons permitted to remain in a private discussion on the
purchase of real, property who had no business being in the closed session. It is my
position, that commission members must have the ability to safely deliberate and decide
matters without the concern that the issues discussed in closed session will discussed
outside of a closed session. Moreover, commission members should not be put in a
position of objecting in public to closed session participants. Accordingly, I suggest that
we establish a protocol which clearly indicates who may be present when the commission
convenes to discuss a matter in a closed session. My recommendation would be restrict
attendance only to county personnel and legal counsel.
Next, I also propose, as a matter of protocol, that whenever a matter. comes before the
commission which is either tabled or postponed and/or requires further investigation or
analysis, that the minutes of all previous discussions on the subject be provided to the
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commission. Over the years, I have found that matters discussed in open (or closed)
session often are brought back before the commission for consideration. I believe that it
would be of great assistance to commission members to have a complete history of an
issue in order to properly decide the course of action. This is especially true when we
have new commission members who may not have been privy to previous discussions.
Finally, it is my understanding that there are several "due diligence contingencies" (i.e.
investigations) that are part of our standard purchase agreement developed by corporation
counsel. By way of example, after executing a purchase agreement, a Phase I
environmental assessment of the property must be obtained. If the Phase I environmental
assessment gives cause to believe that there may be a serious environmental problem, the
property owner is notified and a Phase II environmental assessment is then obtained. If
the Phase II environmental assessment indicates that the property is a "facility" only then
may the county exercise the option to terminate the purchase agreement or seek to obtain
an exemption from liability from the state.
It is clear to me that under the current Board of Commissioners' land acquisition policy,
that only the board may terminate a purchase agreement during the due diligence period.
I believe that this procedure is inefficient and frustrates our ability to decide whether to
proceed with a transaction. Accordingly, I am suggesting that the county's land
acquisition policy be modified to allow the Parks and Recreation Commission to make
the decision to proceed or terminate a purchase agreement in the event that an
investigation of the property reveals a serious problem during the due diligence period.
Moreover, our Parks and Recreation policy should provide a report from staff as to the
status of any investigations during the 90-day due diligence period.
As you can see, I have several concerns with the current process. I have voiced these
.concerns in the past but I feel they have not been properly addressed. Accordingly, I
would suggest that the foregoing issues be placed on the next commission agenda for
discussion.
Sincerely,
Join V. MCCu11ij-6h
c: Richard Skarritt, vice chairman
J. David VanderVeen, secretary
Tim Burns
Gerald Fisher
Robert E. Kostin
Christine A. Long
Charles E. Palmer
John A. Scott
C O U N T Y M I C H I G A N
DEPARTMENT OF CORPORATION COUNSEL
November 23, 2009
Mr. Dan Stencil
Oakland County Parks and Recreation, Executive Director
2800 Watkins Lake Road
Waterford, Michigan 48328
EXHIBIT II
L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE
Judith K. Cunningham, Director248-858-0553
Jody S. Hall248.858-0555
Re: Written Policy for losed Sessions
Dear . St il-
You have requested assistance with drafting a written policy or procedure regarding closed
sessions under the Open Meetings Act ("OMA"), Public Act 267 of 1976, MCI., 15.261, et seq.
It is my recommendation that the Oakland County Parks and Recreation Commission not adopt a
formal written policy or procedure concerning closed sessions under the OMA given that the
Board of Commissioners has no such policy or procedure and that the OMA itself sets forth the
specific procedures for closing a meeting to the public, i.e., closed session.
It is my understanding that this issue will be discussed at the December 2, 2009 Parks and
Recreation Commission meeting and further direction will be given by the Commission at that
time. Please contact me if you need further assistance with this issue.
V'�T�n-1v-Y(1117 :S
CORPORATION COUNSEL
Assistant,Nor ' n Counsel
JSH/jsh
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West Wing Extension Bldg. 14 East 0 1200 North Telegraph Road • Pontiac, Michigan 48341.0419 (248) 858-0550 • Fax (248) 858-1003