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Home My WebLink AboutMinutes - 2012.10.22 - 39285OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING October 22, 2012 Chairman Fisher called the meeting to order at 4:06 p.m. in the Commission meeting room at the Oakland County Parks and Recreation Administration Office. COMMISSION MEMBERS PRESENT: Chairman Gerald Fisher, Vice Chairman John McCulloch, Secretary J. David VanderVeen, A. David Baumhart III, Robert Kostin, Chairperson Emeritus Pecky D. Lewis, Jr., Gary McGillivray, John Scott, Eric Wilson COMMISSION MEMBERS ABSENT WITH NOTICE: Christine Long ALSO PRESENT: Parks and Recreation OC Fiscal Services OC Corporation Counsel Enbridge Energy, L.P. APPROVAL OF AGENDA: Daniel Stencil, Executive Officer Sue Wells, Manager, P & R Operations Mike Donnellon, Chief -Parks Fac., Maint. & Develop. Jon Noyes, Supervisor - Planning Karen Kohn, Supervisor —Administrative Services Jeff Phelps, Supervisor II Jody Hall, Assistant Corporation Counsel Marc S. DeVarennes Mike Johnson Keith Lane Joe Martucci Doug Reichley Rachael Shetka Moved by Mr. Scott, supported by Mr. Baumhart to approve the revised agenda, as presented. AYES: Baumhart, Fisher, Kostin, Lewis, McCulloch, McGillivray, Scott, VanderVeen, Wilson (9) NAYS: (0) Motion carried on a voice vote. APPROVAL OF MINUTES: Moved by Mr. Kostin, supported by Mr. Wilson, to approve the minutes from the OCPRC meeting of October 3, 2012, with the following changes: Page 5-2: Purchase of 4 Yurts (Domed Tent -like Structure) — Addison Oaks and Groveland Oaks Add to the motion: Also, as presented by staff, to approve the transfer of $40,000 from the FY 2013 Capital Improvement Program Reserve to the Addison Oaks Capital Improvement Program Project Fund. Page 5-7: Meeting Adjournment change to: Meeting was adjourned at 12:08 p.m. to a park tour of Glen Oaks. 5-1 (Commission Meeting, October 22, 2012) AYES: Baumhart, Fisher, Kostin, Lewis, McCulloch, McGillivray, Scott, VanderVeen, Wilson (9) NAYS: (0) Motion carried on a voice vote. PUBLIC COMMENTS: Members of the committee reviewing the banquet proposals were directed to fill out the Conflict of Interest forms that were distributed and turn them into staff before leaving. REGULAR AGENDA: Enbridge Construction License — Rose Oaks County Park and CSX Letter of Intent to Eliminate Railroad Grade Crossing at Rose Oaks County Park: Chairman Fisher indicated that each of these two items requires separate approval; however, since these two items are closely inter -related, he suggested the Commission discuss each matter separately but not take action on either item until the Commission has discussed both items. Commission members agreed with this action. Enbridge Construction License — Rose Oaks County Park: Executive Officer Daniel Stencil provided the Commission with a brief history on Rose Oaks Park and the timeline for the existing pipeline that is located within the park boundaries. • Lakehead Pipeline Company (Enbridge's predecessor) obtained easements from property owners and installed an oil transportation pipeline in 1969. (Those easements were existing when Oakland County acquired the property) • Rose Oaks parkland (640 acres) was purchase by Oakland County in 1993 • In the fall of 2010, a pipeline spill occurred in the Kalamazoo River • October 2010, Enbridge inspected the pipeline in Rose Oaks Park and determined repairs were necessary • Enbridge negotiated with Oakland County on a construction license in order to complete the necessary repairs on the section of pipeline that went through Rose Oaks • Enbridge is now replacing a 50 mile section of that pipeline which runs through Rose Oaks Park • Enbridge and Corporation Counsel have been negotiating a new construction license in order to complete the necessary repairs on the pipeline in Rose Oaks Park Jody Hall, Corporation Counsel Attorney, advised the Commission the license presented for consideration is similar to the license from 2010 with three exceptions: • Amount of Consideration - Enbridge is prepared to make a one-time payment of $151,540 which will allow Enbridge access and allow temporary use of additional park property for construction activity • Under the Liability and Indemnification Insurance Section 5 - added a sentence regarding additional insured • Reference to the restoration plan and the work that has not been done from the 2010 agreement - adding that all the restoration is to be completed with this project (Section 4, Section 20) There was concern among the Commission of the completion date that was included in the contract. It was felt that the date was very open ended and should be changed to have a specific end date, one that would work for Enbridge and Oakland County. It was determined to add: Completion of Restoration Efforts not later than September 1, 2014. 5-2 (Commission Meeting, October 22, 2012) Payment from Enbridge will be made when the construction license agreement is signed by all parties. There was a lengthy discussion between the Commission, Corporation Counsel and representatives from Enbridge about the project construction, and whether or not a bond would be required for the contract/project. No bond will be required for this project. If the project is not completed Corporation Counsel will proceed with appropriate legal action to make the County whole. Mr. Joe Matucci, from Enbridge Public Affairs Group, provided a presentation showing the project boundaries, the area within Rose Oaks Park that will be affected by this project, the uses of the pipeline, the capacity and how the section of pipeline will be replaced. He also emphasized that safety is a priority. Their company has a goal of zero pipeline leaks, and they go to great lengths to obtain that goal. Enbridge uses high quality materials; they use a corrosion protection system and also patrol the pipeline on regular basis along with inline inspections. There will be a 24-hour monitoring of the pipeline. Mr. Matucci advised that they will be installing a 30" pipeline which will have a capacity of 240,000 barrels per day. CSX Letter of Intent to Eliminate Railroad Grade Crossinq: Jody Hall advised the Commission the agreement presented for the CSX Letter of Intent to Eliminate Railroad Grade Crossing is the same as the one presented to the Commission in October. This agreement is for permanently eliminating the railroad crossing located in Rose Oaks County Park. Although CSX did not agree to all the proposed changes they did agree to limit relinquishment of rights to specific locations. CSX has offered to pay the Parks Commission the sum of $10,000 as compensation for eliminating this railroad crossing in Rose Oaks County Park. Enbridge Construction License — Rose Oaks County Park and CSX Letter of Intent to Eliminate Railroad Grade Crossing at Rose Oaks County Park: Moved by Mr. Lewis, supported by Mr. McGillivray, to accept the agreement from Enbridge Energy, as presented, subject to the approval/adoption of the resolution regarding the Letter of Intent from CSX Transport, concerning the elimination of the grade crossing in Rose Oaks County Park. AYES: Baumhart, Fisher, Kostin, Lewis, McGillivray, Scott, VanderVeen, Wilson (8) NAYS: McCulloch (1) Motion carried on a voice vote. CSX Letter of Intent to Eliminate Railroad Grade Crossing: Moved by Mr. Baumhart, supported by Mr. Kostin to adopt the following resolution regarding the Agreement/Letter of Intent from CSX Transport, Inc. concerning the elimination of the grade crossing in Rose Oaks County Park: WHEREAS, the County of Oakland owns 640 acres in Rose Township known as Rose Oaks County Park; and WHEREAS, the CSX Railroad follows the eastern boundary of Rose Oaks between its northernmost boundary near Rattalee Lake Road and the intersection of Davisburg and Buckhorn Lake roads; and WHEREAS, as part of a system -wide initiative, CSX Transport Inc. is eliminating all private grade crossings, one of which crosses Rose Oaks; and 5-3 (Commission Meeting, October 22, 2012) WHEREAS, through negotiations between CSX Transport, Inc. and Oakland County Corporation Counsel, CSX Transport Inc. has offered a one-time payment of $10,000 as compensation for the elimination of the grade crossing in Rose Oaks County Park. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission recommends the Oakland County Board of Commissioners approve to accept the one-time payment of $10,000 from CSX Transport, Inc. as compensation for the elimination of the grade crossing in Rose Oaks County Park and execute the Letter of Intent to Eliminate Railroad Grade Crossing dated September 21, 2012. AYES: Baumhart, Fisher, Kostin, Lewis, McCulloch, McGillivray, Scott, VanderVeen, Wilson (9) NAYS: (0) Motion carried on a voice vote. OLD BUSINESS: Mike Donnellon, Chief of Park Facilities Maintenance and Development, provided the Commission with an update on the status of the Catalpa Oaks construction project. NEW BUSINESS: No new business. Meeting adjourned at 4:51 p.m. J. David VaAdSrVeeh, Secretary Vicky Valko� Recording Secretary 5-4