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HomeMy WebLinkAboutMinutes - 2013.07.10 - 39298Oakland County Parks and Recreation Commission July 10, 2013 Chairman Fisher called the meeting to order at 9:06 a.m. in the Commission meeting room at the Oakland County Parks and Recreation Administration Office. COMMISSION MEMBERS PRESENT: Chairman Gerald Fisher, Vice Chairman J. David VanderVeen, Secretary John A. Scott, A. David Baumhart, Ron Fowkes, Robert E. Kostin, Chairperson Emeritus Pecky D. Lewis, Jr., Christine Long, Gary McGillivray, Jim Nash COMMISSION MEMBERS ABSENT: None ALSO PRESENT: Parks and Recreation: Oakland County Corporation Counsel OC Fiscal Services OC Executive Administration Vandeveer, P.C. GreenPlay LLC APPROVAL OF AGENDA: Daniel Stencil, Executive Officer Sue Wells, Manager of P & R Operations Phil Castonia, Business Development Rep. Zach Crane, Architectural Engineer II Mike Donnellon, Chief -Parks Fac. Maint. & Dev. Jim Dunleavy, Chief, Parks Ops. & Maint. — N. District Donna Folland, Project Advisor Larry Gee, Chief, Parks Ops. & Maint. — S. District Karen Kohn, Supervisor Admin Services Stephanie Mackey, Business Development Rep. Katie Pardy, Parks Supervisor Matt Pardy, Recreation Specialist Melissa Prowse, Business Development Rep. Jody Hall, Assistant Corporation Counsel Jeff Phelps, Supervisor II Scott Guzzy, Purchasing Administrator John Lynch, Legal Counsel Karon Badalamenti, Principal & Project Manager Pat O'Toole, Principal & Lead Consultant Moved by Mrs. Long, supported by Mr. Kostin, to approve the agenda with the following changes: Add: Approval of OCPRC Minutes of June 5, 2013 Move: Item 8 H-Catalpa Oaks Construction Project Update (Resolution) to 8 C AYES: Baumhart, Fisher, Fowkes, Kostin, Lewis, Long, McGillivray, Nash, Scott (9) NAYS: (0) Motion carried on a voice vote. APPROVAL OF MINUTES: Moved by Mr. Scott, supported by Mr. Baumhart to approve the minutes of the OCPR Commission Budget Study Session #2 of May 22, 2013. AYES: Baumhart, Fisher, Fowkes, Kostin, Lewis, Long, McGillivray, Nash, Scott (9) NAYS: (0) Motion carried on a voice vote. 5-4 (Commission Meeting, July 10, 2013) Moved by Mr. Nash, supported by Mr. Scott to approve the minutes of the OCPR Commission meeting of June 5, 2013 with the following revision: Page 5-6 under Ellis Barn Improvements — change the word avoid to minimize AYES: Baumhart, Fisher, Fowkes, Kostin, Lewis, Long, McGillivray, Nash, Scott (9) NAYS: (0) Motion carried on a voice vote. PUBLIC COMMENTS: There were no comments from the public. CONSENT AGENDA: Moved by Mr. Scott, supported by Mr. McGillivray, to approve items 7A through 7C under the Consent Agenda as follows: • Internal Service & Department Funds Journal Entry Register for Month Ending 05/31/13 (FM 08, FY 2013) • Payment Register for Month Ending 05/31/13 (FM 08, FY 2013) • Monthly Financial Statements for Month Ending 05/31/13 (FM 08 FY 13) • Monthly Average Comparison Report AYES: Baumhart, Fisher, Fowkes, Kostin, Lewis, Long, McGillivray, Nash, Scott, VanderVeen (10) NAYS: (0) Motion carried on a voice vote. OCPRC FY 2014 Conceptual Budget Amendment The Commission requested further clarification on the OCPRC FY 2014 Conceptual Budget Amendment. Supervisor of Fiscal Services Jeff Phelps indicated that this amendment represents funds that were already included in the proposed budget but were not designated under the Glen Oaks Conference Center cost center, which is a new cost center in the OCPR Budget. Moved by Mr. Scott, supported by Mr. Kostin, to approve the amendment to the OCPRC FY 2014 Conceptual Budget as follows: 50800-5060327-160010-630308 Commission Food Services ($220,000) 50800-5060427-160044-630308 Commission Food Services $20,000 50800-5060201-160900-665882 Planned Use of Fund Balance $200,000 $ -0- AYES: Baumhart, Fisher, Fowkes, Kostin, Lewis, Long, McGillivray, Nash, Scott, VanderVeen (10) NAYS: (0) Motion carried on a voice vote. 5-5 (Commission Meeting, July 10, 2013) REGULAR AGENDA: Update on Service Portfolio Project — K. Badalamenti (GreenPlay) Karon Badalamenti, Principal Partner of GreenPlay, LLC, provided the Commission with an update on the status of the Cost Recovery analysis project, which included the project schedule, current OCPR Cost Recovery Pyramid and the Categories of Service. She also noted that the basis of this project ties back into the values, vision and mission of the OCPRC organization. Some of the highlights of Karon's presentation include: - Public Participation Meetings - Use of Taxpayer Investment - Who benefits from categories of service - How the categories are defined - Tying services into the OCPR annual operating budget - Creating revenue streams that benefit the community as a whole - Where are we today, where do we want to be and what are our options - The OCPR vision to have a world -class organization - Definition of Costs/Direct Costs/Indirect Costs - Alternative Funding Sources - Analyzing Costs of Service provided to the patrons The next workshop with staff is scheduled in August. At that time Ms. Badalamenti and the OCPR staff will focus on cost recovery for all the categories of service and the market analysis of the public sector service assessment. It is anticipated that the completed portfolio will be submitted to the Commission in November. Update on Waterpark Analysis Presentation of Initial Findings — Pat O'Toole (GreenPlay) Pat O'Toole, our consultant from GreenPlay LLC, provided the Commission with an update on the initial findings on the work done to date on the Waterpark Assessment project. He also provided the Commission with information on the following: - Feedback on the focus group meetings - Site visits in early May - Process and philosophy - Why we are in the waterpark business - Key trends and demographics - Occupational Condition Analysis - Structural Functional Analysis - Waterpark Use Analysis - Marketing and Theming - Possible new attractions/modifications at the Waterparks - Convenient payment options - Parking and Concessions This information will assist with the development of the final report, which will be presented to the Commission in early fall. Catalpa Oaks Construction Project Update Oakland County Corporation Counsel and OCPR staff received notification regarding the decision on the arbitration hearing with Bernco, Inc. on the Catalpa Oaks Construction Project. As a result, staff is requesting authorization to pay the additional amount of $76,141.00 to Bernco, Inc. for the Catalpa Oaks construction project. 5-6 (Commission Meeting, July 10, 2013) Moved by Mr. Fowkes, supported by Mr. VanderVeen to approve the following resolution authorizing the additional payment to Bernco, Inc., in the amount of $76,141.00 which is a result of the Arbitration decision dated June 25, 2013: WHEREAS, the Oakland County Parks and Recreation Commission put out for bid a contract for the Phase I Development Project at Catalpa Oaks, and after considering the bids received awarded the contract to Bernco, Inc., for the Base Bid #1, Alternate 2-A, and Alternate 3-A in the amount of $998,700, plus a five percent contingency of $49,935, for a total approved amount of $1,048,635on February 15, 2012; and WHEREAS, during the construction process, on June 8, 2012, Bernco, Inc. submitted a cost request, in the amount of $141,823.22, for building foundation excavation and utility trench excavation, See attached cost request; and WHEREAS, staff of the Oakland County Parks and Recreation Commission disputed the pricing contained in the June 8, 2012 cost request; and WHEREAS, for several months the Parties attempted to resolve the dispute regarding the pricing contained in the June 8, 2012 cost request; and WHEREAS, the attempts to resolve the dispute were unsuccessful and the Parties, through their respective attorneys, entered into a Binding Arbitration Agreement to settle this dispute; and WHEREAS, the Parties amended the Binding Arbitration Agreement to include the sum of $2,320.00, in the arbitration, that was charged by Bernco to remove excavation material from Catalpa Oaks; and WHEREAS, the arbitration to resolve this dispute was held on May 21, 2013 and the arbitrators issued their award on June 25, 2013; and WHEREAS, the arbitrators awarded Bernco $125,366.22 with that amount itemized as follows: Foundation Excavation $107,833.22 Trench Excavation $15,213.00 Removal of Excavation Material $2,320.00 Oakland County Payment Credit ($49,225.22) Balance Due Bernco $76,141.00 NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission, pursuant to the June 25, 2013 Arbitration Award, hereby authorizes the additional payment of $76,141.00 to Bernco, Inc. for the additional costs associated with the Catalpa Oaks construction project. AYES: Baumhart, Fisher, Fowkes, Kostin, Lewis, Long, McGillivray, Nash, Scott, VanderVeen (10) NAYS: (0) Motion carried on a voice vote. Attorney John Lynch provided an update to the Commission on an outstanding legal matter. Madison Heights Proposed Water Bill Settlement In late April staff was informed by the City of Madison Heights that due to a malfunctioning water meter at Red Oaks Golf Course, Oakland County Parks and Recreation was not billed for water consumption for a period of approximately three years. Representatives from the City of Madison Heights and Oakland 5-7 (Commission Meeting, July 10, 2013) County Parks and Recreation negotiated an amount of $141,534.04 to be paid to the City of Madison Heights to cover the charges for that period, which is based upon a three-year average of water charges. Moved by Mr. Baumhart, supported by Mr. Kostin to approve payment from the Red Oaks Golf Course Adjust Prior Year's Expense line item 50800-5060328-160010-730037 to the City of Madison Heights for water usage at Red Oaks Golf Course in the amount of $141,534.04. AYES: Baumhart, Fisher, Fowkes, Kostin, Lewis, Long, McGillivray, Nash, Scott, VanderVeen (10) NAYS: (0) Motion carried on a voice vote. Temporary User Permit Approval Process At the April 10, 2013, OCPR Commission meeting staff requested authorization to process and approve Temporary Use Permit requests for temporary use of Oakland County Park Property. The exception would be if a permit involved the sale of alcohol. For all requests that involve alcohol, such requests shall be presented to the Commission for approval. In addition, at the April 10, 2013, meeting the Commission requested staff to submit a list of potential events or activities that may require a Temporary Use Permit, which has been presented for the Commission's approval. Moved by Mr. Scott, supported by Mr. VanderVeen to authorize the Oakland County Parks and Recreation Executive Officer to coordinate and approve (with Corporation Counsel and Risk Management sign -off) Temporary Use Permits, except in the case of the sale of alcohol, wherein such permits will require approval by the OCPR Commission, with staff reporting back to the OCPR Commission on a monthly basis on each permit issued. AYES: Baumhart, Fisher, Fowkes, Kostin, Lewis, Long, McGillivray, Nash, Scott, VanderVeen (10) NAYS: (0) Motion carried on a voice vote. Approval of Construction Proiects: Independence Oaks Playgrounds Replacement Moved by Mrs. Long, supported by Mr. McGillivray to award a contract to Superior Play, LLC for the installation and replacement of the Independence Oaks Beach Main Playground in the amount of $140,089.50 plus a 5% contingency in the amount of $7,004.48 for a total of $147,093.98, and the installation of a separate Beach Satellite Playground at Independence Oaks in the amount of $46,892.50 plus a 5% contingency of $2,344.62 for a total amount of $49,237.12 with a grand total for both projects of $196,331.10 for Bidder #5 Option #3 for Base Bid #1 and Base Bid #2; and also to utilize Net Position -Unrestricted funds of $196,331.10 for two Capital Improvements: Replacement of the Independence Oaks Beach Main Playground and the Installation of a new Beach Satellite Playground. AYES: Baumhart, Fisher, Fowkes, Kostin, Lewis, Long, McGillivray, Nash, Scott, VanderVeen (10) NAYS: (0) Motion carried on a voice vote. 5-8 (Commission Meeting, July 10, 2013) Highland Oaks Parking Lot Moved by Mrs. Long, supported by Mr. Scott to award a contact to George W. Auch Construction (GWA) for the construction of the Highland Oaks Central Parking Lot in the amount of $135,352.00 which includes a 10% contingency of $13,535; and to utilize Net Position -Unrestricted funds of $144,252.00 for the Capital Improvement, including the central parking lot and incurred expenses of $8,900.00 for engineering and permitting. The Commission has requested that the reports submitted for proposed projects include where the proposed project appears in the Park plans, what other Commission action has been taken and where the funds are allocated in the budget. In addition, the Commission requested that staff provide more details on the breakdown of the costs for this project. AYES: Baumhart, Fisher, Fowkes, Kostin, Lewis, Long, Nash, Scott, VanderVeen (9) NAYS: McGillivray (1) Motion carried on a voice vote. Glen Oaks Pond Dredge Moved by Mr. Scott, supported by Mr. Fowkes to award a contract to Frank Rewold & Sons (FRS) for the hydraulic dredging of the existing irrigation pond and reinforced maintenance access cart path at Glen Oaks Golf Course, in the amount of $256,758.60, which includes a 5% contingency of $12,838.00; and to utilize Net Position —Unrestricted funds of $295,838.60 for the Capital Improvement, including hydraulic dredging of the irrigation pond, reinforced maintenance access cart path, and incurred operating expenses of $39,080 for engineering, testing, permitting and temporary dredging. AYES: Baumhart, Fisher, Fowkes, Kostin, Lewis, Long, McGillivray, Nash, Scott, VanderVeen (10) NAYS: (0) Motion carried on a voice vote. Updates/Revisions to OCPR Commission Policies Staff submitted the following proposed OCPRC Policies for Commission approval: • Development of a Policy • Residential Property Lease Policy • Parks Access Permit Policy • Parks Promotional Items Policy • Media Inquiry Policy • Unrestricted Net Position Reserve Policy Staff is currently working on a policy on Use of Alcohol on Park Property which will be presented to the Commission for approval at a future OCPRC meeting. Moved by Mr. Kostin, supported by Mr. McGillivray, to approve the proposed Oakland County Parks and Recreation Commission policies. AYES: Baumhart, Fisher, Fowkes, Kostin, Lewis, Long, McGillivray, Nash, Scott, VanderVeen (10) NAYS: (0) Motion carried on a voice vote. 5-9 (Commission Meeting, July 10, 2013) Proposed Public Lands Day Participation National Public Lands Day (NPLD), through the Michigan Recreation and Parks Association (MRPA), has asked its members to waive all park entrance fees on September 28, 2013. On September 28th more than 175,000 volunteers are expected to visit their favorite parks, beaches, wildlife preserves or forests and chip in to help improve these treasured places. It will also be the 20th Anniversary of National Public Lands Day, the largest, single -day volunteer effort for public lands in the United States. Moved by Mr. McGillivray, supported by Mr. VanderVeen, to approve participating in the National Public Lands Day 20th Anniversary celebration and waive park entry fees to all Oakland County Parks on September 28, 2013, for day -use fee parks only. AYES: Baumhart, Fisher, Fowkes, Kostin, Lewis, Long, McGillivray, Nash, Scott, VanderVeen (10) NAYS: (0) Motion carried on a voice vote. STAFF REPORTS: Participation and Program Review The Participation and Program Review report for June 2013 was received. Food & Beverage Committee Update Staff reported that the Food and Beverage Committee is proceeding on evaluating the proposals received for Food and Beverage services. The plan is to interview the top two vendors, choose a candidate to enter into negotiations with, and report back to the Commission with a recommendation in order to proceed with the final selection on the vendor for the Food and Beverage Services. It was determined that a smaller subcommittee would be the negotiating team that would bring the final recommendation to the Commission. The negotiating team will consist of Executive Director Daniel Stencil, Corporation Counsel Jody Hall, Administrator of Purchasing Scott Guzzy and OCPR Commissioner Robert Kostin. The Food and Beverage Committee is also focusing on tying in the cost recovery into the process before the new vendor is selected. This includes evaluating possible alternative options for use of buildings, alternative options for providing banquet and food services, possible future modifications and revenue sources, EXECUTIVE OFFICER'S REPORT: In addition to the items in the Executive Officer's Report filed in the agenda, the following information was noted: - Michigan Golf Hall of Fame - Park Master Plans - WYCD Nashville in the Neighborhood Concert - Possible lease options for Independence Oaks Upper Bushman Manor House - 2013 Oakland County Fair - Secondary marketing to draw patrons from the Windsor, Canada area - Oakland Uncorked scheduled for August 2, 2013 at the Oakland County Market 5-10 (Commission Meeting, July 10, 2013) NEW BUSINESS: Commissioner McGillivray identified the disproportionate amount of programs at Wint Nature Center as compared to those at the Red Oaks Nature Center. Staff indicated that plans are in place working on providing additional programs at Red Oaks Nature Center comparable to those at Wint Nature Center. OLD BUSINESS: There was no old business to report. NEW BUSINESS: There was no new business reported. ADJOURNMENT: Meeting adjourned at 12:13 p.m. John A/Scott, Secretary Vicky Valko, gecording Secretary 5-11