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Home My WebLink AboutAgendas/Packets - 2006.06.07 - 401282800 Watkins Lake Road • Waterford, Michigan 48328-1917 248.858.0906 • Fax 248.858.1683 -TTY 248.858.1684 • 1.888.00PARKS GwA N D [411111LA 066-2006 ' 40 of CAKY J�)t June 1 , 2006 Oakland County Parks and Recreation Commission Oakland County, Michigan Commissioners: www.oalcgov.com/parl<srec A meeting has been called of the Parks and Recreation Commission as follows: PLACE ....................... Lewis E. Wint Nature Center - Independence Oaks County Park 9501 Sashabaw Rod Clarkston, MI 48348 248.625.6473 TIME ......................... Wednesday, June 7, 2006 9:00 a.m. PURPOSE ..................... Regular Meeting This meeting has been called in accordance with the authorization of Chairman Pecky D. Lewis, Jr. of the Oakland County Parks and Recreation. Sincerely, C� Pecky D. Lewis, Jr. Daniel J. Stencil Chairman Richard Skarritt Executive Officer Vice Chairman Parks and Recreation J.David VanderVeen Secretary Hugh D. Crawford Vincent Gregory Next Meeting: Monday, June 19 Martin J. Knollenberg John P. McCulloch Charles Palmer Wednesday, June 21 1^hn Richards !tte Vogt Daniel J. Stencil Executive Officer Legislators/Commissioners Breakfast Outing Glen Oaks, Farmington Hills County and Park Commissioners Parks Tour HAMy documents\COMMISSN\agendaltr.doc 0 ur mission is to provide recreational, leisure and learning experiences that enhance quality of life. Oakland County Parks Recreation Commission 2800 Watt. s Lake Rd. Waterford, MI *AGENDA* June 7, 2006 Action Required Presenter/Phone # Public Hearing: Upper Bushman Lake Grant Application Lyon Oaks Trail Development 1. Call Meeting to Order 9:00 a.m. P. Lewis / 646.5917 Pledge of Allegiance 2. Roll Call 3. Public Comments 4. Commission Meeting Minutesfor May 5, 2006 Approval K. Kohn / 858.4606 5. Activity Report for 2006 Informational 6. Staff Introductions Informational S. Wells / 858.4634 7. Donation Recognition Informational " 8. Resolution: National Recreation and Parks Month Approval Dan Stencil / 858.4944 9. DTE Electrical Easement — Orion Oaks Dog Park Approval J. Figa / 858.4620 10. Equestrian Center Business Plan — Springfield Oaks Activity Center Approval S. Wells / 858.4634 L.C. Scramlin / 634.7899 11. 4-H Fair Association Amendments 3 and 4 — Springfield Oaks Activity Center Approval S. Wells / 858.4634 12. Resolution: HB 5976 Approval D. Stencil / 858.4944 13. Bid Items: Approval A. Boardwalk B — Lumber and Hardware Materials — Independence Oaks M. Donnellon / 858.4623 B. Electrical Upgrade Materials — Springfield Oaks 4-H Fair Association " C. Golf Cars — Glen Oaks Golf Course M. Thibodeau / 858.4630 D. Contract Amendment — Springfield Oaks Golf Course " 14. Executive Officer's Report Informational D. Stencil / 858.4944 15. Old Business 16. New Business 17. Adjourn OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING June 7, 2006 Vice Chairman Richard Skarritt called the meeting to order at 10:20 a.m. in the classroom of the Lewis E. Wint Nature Center at Independence Oaks. COMMISSION MEMBERS PRESENT: Vice Chairman Richard Skarritt, Secretary J. David VanderVeen, Hugh D. Crawford, Vincent Gregory, Martin Knollenberg, John McCulloch, Charles Palmer, John Richards, Suzette Vogt COMMISSION MEMBERS ABSENT: Chairman Pecky D. Lewis, Jr. ALSO PRESENT: Parks and Recreation Oakland County Corporation Counsel Oakland County 4-H Fair Orion Township Parks and Recreation Paint Creek Trail Jared Davis Family PUBLIC COMMENTS: Daniel Stencil, Executive Officer Frank Trionfi, Administrator— Parks Admin. Services Joe Figa, Chief of Design and Development Mike Thibodeau, Chief of Golf Jim Dunleavy, Chief of Recreation Janet Pung, Communications and Marketing Officer Sue Wells, Administrator— Parks & Rec. Operations Brian Menghini, Accountant III Michael Donnellon, Architectural Engineer II Jon Noyes, Architectural Engineer I Mike Boyd, Park Supervisor, Independence Oaks Phil Castonia, Recreation Supervisor, Mobile Rec. Kathleen Dougherty, Parks Naturalist Aaron Whatley, Intem John Ross, Assistant Corporation Counsel L.C. Scramlin, General Manager Dave Coleman, President Art Noren, Director Rock Blanchard, Director Kristen Myers Bill Krieger Judy Harbour Bob Davis Sandy Bruce There were no public comments or questions. APPROVAL OF MINUTES: Moved by Mr. Palmer, supported by Mr. Crawford to approve the minutes of the meeting of May 5, 2006, as written. AYES: Crawford, Gregory, Knollenberg, McCulloch, Palmer, Richards, Skarritt, VanderVeen, Vogt (9) 4-1 (Commission Meeting, June 7, 2006) NAYS: (0) Motion carried on a voice vote. ACTIVITY REPORT: The Activity Report for May, 2006 was accepted as filed. STAFF INTRODUCTIONS: Administrator— Parks and Recreation Operations Sue Wells introduced Aaron Whatley, intern from Ferris State College. Ms. Wells also introduced Phil Castonia, former intern and new recreation supervisor for Mobile Recreation. AWARD RECOGNITION: Orion Township Parks Director Rock Blanchard and Paint Creek Trailways representative Kristen Myers presented the Parks Commission with an award in recognition for staff's efforts on a recent project completed on the Paint Creek Trail, plus Parks' involvement through the Oakland County Trails Advisory Council. DONATION RECOGNITION: Executive Officer Dan Stencil presented the family of Jared Davis with a plaque in recognition of their $10,000 donation for the construction of a 18' memorial gazebo at the beach at Independence Oaks. RESOLUTION — NATIONAL RECREATION AND PARKS MONTH: Moved by Mr. Palmer, supported by Mr. Richards to approve the following resolution in support of July as National Recreation and Parks Month: WHEREAS, the Oakland County Parks and Recreation Commission's mission is to provide all residents of Oakland County with recreational, leisure, and learning experiences, parks, open spaces, and facilities, resulting in a comprehensive county park system that enhances quality of life; and WHEREAS, parks, recreation activities, and leisure experiences provide opportunities for young people to live, grow, and develop into contributing members of society; and WHEREAS, parks and recreation creates lifelines and continued life experiences for older members of our community; and WHEREAS, parks and recreation generates opportunities for people to come together and experience a sense of community through fun recreational pursuits; and WHEREAS, parks and recreation agencies provide outlets for physical activities, socialization, and stress -reducing experiences; and 4-2 (Commission Meeting, June 7, 2006) WHEREAS, parks, playgrounds, nature trails, open spaces, community and cultural centers, and historic sites make communities attractive and desirable places to live, work, play, and visit, in a manner that contributes to our ongoing economic vitality; and WHEREAS, parks, greenways, and open spaces provide a welcome respite from our fast -paced, high-tech lifestyles while simultaneously protecting and preserving our natural environment; and WHEREAS, parks and recreation agencies touch the lives of individuals, families, groups, and the entire community, which positively impacts upon the social, economic, health, and environmental quality of our community. NOW THEREFORE BE IT RESOLVED, that the Oakland County Parks and Recreation Commission proclaims July as Recreation and Parks Month and encourages all citizens to celebrate healthy, active lifestyles by participating in their choice of recreation and park activities. AYES: Crawford, Gregory, Knollenberg, McCulloch, Palmer, Richards, Skarritt, VanderVeen, Vogt (9) NAYS: (0) Motion carried on a voice vote. DTE ELECTRICAL EASEMENT — ORION OAKS: Moved by Mr. Gregory, supported by Mr. Crawford to approve a 15-foot wide by approximately 260 linear foot electrical easement for underground primary service to the restroom facility in the new Dog Park gravel parking lot at Orion Oaks. AYES: Crawford, Gregory, Knollenberg, McCulloch, Palmer, Richards, Skarritt, VanderVeen, Vogt (9) NAYS: (0) Motion carried on a voice vote. EQUESTRIAN CENTER BUSINESS PLAN — SPRINGFIELD OAKS ACTIVITY CENTER: 4-H Fair Association presented a revised business plan that does not include the proposed indoor RV winter storage. The township is currently reviewing their zoning ordinance relating to RV storage within the township; however, they are willing to consider variance requests on an individual basis. The 4-H Fair Association will formally request a variance once the ordinance review process is complete. However, they would like approval of this revised business plan in order to negotiate the renewal of the Professional Services Contract and to show good faith in the project to interested equestrian groups. Commission questioned the township's support of the equestrian center should the RV storage be removed from the business plan, possible competition with local private industryforthe RV storage, 4-3 (Commission Meeting, June 7, 2006) revenues negotiated for the Professional Services Contract, and the timeline for the zoning ordinance review. Moved by Mr. Knollenberg, supported by Mr. Palmer to approve the revised business plan for the Springfield Oaks Activity Center and to proceed with the equestrian center. Commissioner McCulloch suggested it may be helpful to meet with Springfield Township Supervisor Collin Walls to express the importance of this issue to ensure we are working toward the same goal and volunteered to serve in this capacity. Commission concurred; Commissioner VanderVeen also volunteered to join in this endeavor. Commission questioned whether all that is required at this time would be to remove the following caveat from the 2006 CIP budget: "Subject to zoning ordinance change by Springfield Township to allow RV storage." Moved by Mr. Richards, supported by Mr. VanderVeen to postpone a vote on this issue until the July 19 Commission meeting. ROLL CALL VOTE: AYES: Crawford, Gregory, McCulloch, Richards, Skarritt, VanderVeen, Vogt (7) NAYS: Knollenberg, Palmer (2) A sufficient majority having voted, the motion carried. 4-H FAIR ASSOCIATION AMENDMENTS 3 AND 4 — SPRINGFIELD OAKS ACTIVITY CENTER: Moved by Mr. McCulloch, supported by Mr. Palmer to approve the following amendments to the Professional Services Contract between the Oakland County Parks and Recreation Commission and the Oakland County 4-H Fair Association as prepared by Oakland County Corporation Counsel: Amendment #3 for the Construction of Building "E" at Springfield Oaks Amendment #4 for the Electrical Upgrade for the Ellis and Oaks Barns at Springfield Oaks ROLL CALL VOTE: AYES: Gregory, Knollenberg, McCulloch, Palmer, Richards, Skarritt, VanderVeen, Vogt, Crawford (9) NAYS: (0) A sufficient majority having voted, the motion carried. RESOLUTION: HB 5976: Moved by Mr. Crawford, supported by Mr. Gregory to adopt the following resolution in opposition to HB 5976: 4-4 (Commission Meeting, June 7, 2006) WHEREAS, the Oakland County Parks and Recreation Commission was established in 1966 to develop and maintain parklands, and to promote recreational opportunities for the residents of Oakland County; and WHEREAS, those opportunities include camping, swimming, boating, fishing, hiking, golfing, and cross-country skiing; and WHEREAS, the voters/residents of Oakland County have consistently, for40 years, endorsed the Parks Commission's role through the support of a Y4-mill tax; and WHEREAS, fees and charges for programs and facilities assist in the ability of the Parks Commission to offset the operational costs of providing limited revenue -producing facilities, such as pristine natural areas, interpretive centers, and trails; and WHEREAS, passage of HB 5976 would have an adverse effect on the offerings of the Parks system and contradicts what the residents of Oakland County have requested. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission opposes HB 5976. BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission requests the Oakland County legislative delegation keep it apprised of this bill's language or any other related proposal as it is being considered. AYES: Crawford, Gregory, Knollenberg, McCulloch, Palmer, Richards, Skarritt, VanderVeen, Vogt (9) NAYS: (0) Motion carried on a voice vote. :o Moved by Mr. McCulloch, supported by Mr. Richards to approve the following bids as recommended by staff: Lumber and hardware for the construction of a Boardwalk B and bridge foundation at Independence Oaks to the low bidder National Lumber in the amount of $13,406.16, plus a $1,000 contingency for miscellaneous materials and small tools, for a total budgeted amount of $14,406.16. Split the bid for the materials for the site electrical improvements at Springfield Oaks to supply power to the Ellis and Oaks barns and award as follows: Electrical PVC and miscellaneous to the low bidder, City Electric, in the amount of $3,488.02; Electrical wire from the low bidder, Wesco Distribution, in the amount of $18,100.50; and Electrical Switchboard from the low bidder, Madison Electric, in the amount of $9,150.00. Total expenditure for these materials is $30,738.52; $2,238.50 will be reimbursed to Oakland County Parks and Recreation by the Oakland County 4-H Fair Association. 4-5 (Commission Meeting, June 7, 2006) Additional expenditure of $900 to Club Car for trade-in adjustment of six golf cars. Increase the original contract amount with golf course architect Paul Albanese to complete construction plans for improvements at Springfield Oaks Golf Course from $25,485 to $27,236. AYES: Crawford, Gregory, Knollenberg, McCulloch, Palmer, Richards, Skarritt, VanderVeen, Vogt (9) NAYS: (0) Motion carried on a voice vote. GRANT RESOLUTIONS: Moved by Mr. Palmer, supported by Mr. Richards to adopt the following resolutions in support of grant applications: WHEREAS, the Oakland County Parks and Recreation Commission has been notified by the Department of Natural Resources that application for cost sharing grants from the Michigan Natural Resources Trust Fund may be submitted by August 1, 2006; and WHEREAS, the Oakland County Parks and Recreation Commission has identified and established priorities for acquisition and improvements within the adopted Recreation Master Plan; and WHEREAS, the Oakland County Parks and Recreation Commission recommends the filing of the following application to the Department of Natural Resources for matching grant: UPPER BUSHMAN LAKE ACQUISITION NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission recommends submission of the above -said grant application with the appropriate matching funds to be designated from the one -quarter mill. And WHEREAS, the Oakland County Parks and Recreation Commission has been notified by the Department of Natural Resources that application for cost sharing grants from the Land and Water Conservation Fund may be submitted by July 1, 2006; and WHEREAS, the Oakland County Parks and Recreation Commission has identified and established priorities for acquisition and improvements within the adopted Recreation Master Plan; and WHEREAS, the Oakland County Parks and Recreation Commission recommends the filing of the following application to the Department of Natural Resources for matching grant: 4-6 (Commission Meeting, June 7, 2006) LYON OAKS BRIDGE AND BOARDWALK TRAIL CONNECTOR NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission recommends submission of the above -said grant application with the appropriate matching funds to be designated from the one -quarter mill. AYES: Crawford, Gregory, Knollenberg, McCulloch, Palmer, Richards, Skarritt, VanderVeen, Vogt (9) 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 was noted: ---Staff has been notified of a moratorium on the sale of state lands until after the November election. ---Parks Executive Officer Dan Stencil shared information on legal opinions received from Oakland County Assistant Corporation Counsel John Ross regarding errant golf balls leaving park property, determination of conflict of interest for a Parks Commissioner to sit as a director on the Oakland County 4-H Fair Association, and liability for elimination of lifeguards at park beaches and for posting ice conditions on lakes in county parks. EXECUTIVE SESSION: Moved by Mr. Richards, supported by Mr. Palmer to adjourn to Executive Session for the purpose of discussing a proposed land acquisition and a legal issue. ROLL CALL VOTE: AYES: Gregory, Knollenberg, McCulloch, Palmer, Richards, Skarritt, VanderVeen, Vogt, Crawford (9) NAYS: (0) A sufficient majority having voted, the motion carried. The meeting was adjourned to Executive Session at 11:40 a.m. The meeting was re -convened at 11:54 a.m. OLD BUSINESS: ---Commission notified staff that a resolution to investigate the feasibility of using Catalpa Park for a county park passed unanimously at the last Oakland County Board of Commissioners meeting. Staff will have an update on the progress of the urban park strategy at the Commission's July 19 4-7 (Commission Meeting, June 7, 2006) meeting. Staff is also scheduled to report back to the General Government Committee in October. ---Commissioner VanderVeen commended Commissioner McCulloch and the Drain Commission staff on their new signage program identifying the county s rivers and watersheds. The meeting was adjourned at 11:59 a.m. The next Commission meeting will be at 9:00 a.m. on Wednesday, July 19, 2006, at the Parks' administration office, with the Commission's annual budget review immediately following the meeting. J. David VanderVeen, Secretary Karen S. Kohn CPS/CAP, Recording Secretary 4-8 OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING PUBLIC HEARING June 7, 2006 Vice Chairman Richard Skarritt called the public hearing for grant applications to order at 10:15 a.m. in the classroom of the Lewis E. Wint Nature Center at Independence Oaks. COMMISSION MEMBERS PRESENT: Vice Chairman Richard Skarritt, Secretary J. David VanderVeen, Hugh D. Crawford, Vincent Gregory, Martin Knollenberg, John McCulloch, Charles Palmer, John Richards, Suzette Vogt COMMISSION MEMBERS ABSENT: Chairman Pecky D. Lewis, Jr. ALSO PRESENT: Parks and Recreation Oakland County Corporation Counsel Oakland County 4-H Fair Orion Township Parks and Recreation Paint Creek Trail Jared Davis Family Daniel Stencil, Executive Officer Frank Trionfi, Administrator — Parks Admin. Services Joe Figa, Chief of Design and Development Mike Thibodeau, Chief of Golf Jim Dunleavy, Chief of Recreation Janet Pung, Communications and Marketing Officer Sue Wells, Administrator — Parks & Rec. Operations Brian Menghini, Accountant III Michael Donnellon, Architectural Engineer II Jon Noyes, Architectural Engineer I Mike Boyd, Park Supervisor, Independence Oaks Phil Castonia, Recreation Supervisor, Mobile Rec. Kathleen Dougherty, Parks Naturalist Aaron Watley, Intem John Ross, Assistant Corporation Counsel L.C. Scramlin, General Manager Dave Coleman, President Art Noren, Director Rock Blanchard, Director Kristen Myers Bill Krieger Judy Harbour Bob Davis Sandy Bruce Chief of Design and Development Joe Figa noted that the Department of Natural Resources notified staff of the deadline to submit applications to request matching Michigan Natural Resources Trust and Land and Water Conservation funds for 2006. A public hearing is also a requirement of the DNR to qualify for funds. Notice of the hearing was advertised in area newspapers. The projects staff selected are as follows: Upper Bushman Lake Acquisition Lyon Oaks Bridge and Boardwalk Trail Connector Upper Bushman Lake Acquisition: This proposed property acquisition is a 188-acre parcel that includes a 31-acre lake and three residences. 4a-1 (Public Hearing, June 7, 2006) It is located in Independence Township; it southwest corner touches the northeast corner of Independence Oaks. The parcel also includes part of the Clinton River Headwaters and has been identified by the Michigan Natural Features Inventory as a significant parcel. The preliminary project total is $4,500,000, with a 42/58 grant match in the amount of $1,900,000 from the Michigan Natural Resources Trust Fund and $2,600,000 from Oakland County Parks and Recreation. Lvon Oaks Bridoe and Boardwalk Trail Connector: This proposed development at Lyon Oaks includes a 370-foot boardwalk and a 60-foot bridge over the Norton Drain. The preliminary project total for this development is $107,000, with a 50/50 grant match in the amount of $53,500 from the Land and Water Conservation Fund and $53,500 from Oakland County Parks and Recreation. These grant projects are consistent with the goals adopted in the 2002-2006 Recreation Master Plan. No questions were asked; therefore, the public hearing was declared closed at 10:20 a.m. J. David VanderVeen Karen Kohn CPS/CAP Secretary Recording Secretary 4a-2 ACTIVITY REPORT APRIL, 2006 (FM07, FY2006) * Not included in program totals - only in combined totals. In-house events are counted in facility totals. ADDISON OAKS PARK Campers Day Use Day Campers *ADDISON OAKS CONFERENCE CENTER GROVELAND OAKS PARK Campers Day Use Day Campers INDEPENDENCE OAKS PARK Day Use Day Campers Overnight Youth Group Campers LYON OAKS PARK Day Use Dog Park ORION OAKS PARK Day Use Dog Park ROSE OAKS PARK Day Use SPRINGFIELD OAKS ACTIVITY CENTER Day Use 4-H Fair *Banquet Facilities WATERFORD OAKS Activity Center - non banquet *Banquet Facilities - Activity Center Day Use TOTAL CAMPERS TOTAL DAY USE TOTAL DAY CAMPERS TOTAL OVERNIGHT YOUTH GROUP CAMPERS TOTAL DOG PARK TOTAL 4-H FAIR TOTAL ACTIVITY CENTER -NON BANQUET r.:JrAKLAND %WIM610111111174Y.11 PARTICIPANTS (MONTH) PARTICIPANTS (YTD) FM07, FY05 FMO7,FY061 FY2005 FY2006 0 0 6327 5004 832 392 3372 3507 0 0 0 0 2749 2523 18286 17712 0 0 0 0 0 0 0 0 0 0 0 0 15485 15370 94759 88559 0 0 725 0 18 79 273 196 0 383 1200 1663 2258 4406 15289 14864 2160 1484 110041 9644 3436 3220 175241 20302 400 392 2800 5831 875 1928 31501 4369 0 0 0 0 3582 6801 286631 23035 1311 0 4773 4136 780 0 4880 315 95 2450 4532 15507 0 0 6327 5004 19847 22399 120817 129080 0 0 725 0 18 79 273 196 5694 7626 32813 35166 0 0 0 0 1311 0 4773 4136 05-06 ACTIVITY REPORT, APR06 1 of 4 GOLF COURSES Not included in program totals - only in combined totals. PARTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. FMO7,FY051 FM07,FY06 FY2005 FY2006 GLEN OAKS Rounds Played - 9 Holes 3448 3087 6139 6331 Rounds Played - 18 Holes 803 1176 2045 2630 "Banquet Facilities 3955 3664 27335 28582 **Grill Room (**Not included in totals) 550 1680 29111 2953 LYON OAKS Rounds Played - 9 Holes 636 597 1082 945 Rounds Played - 18 Holes 1057 1420 3296 3959 Driving range 1644 1624 3444 2554 *Banquet Facilities 544 456 6821 6201 **Grill Room ("Not included in totals) 2384 2666 4344 5272 RED OAKS Rounds Played - 9 Holes 2546 2987 5539 6221 SPRINGFIELD OAKS Rounds Played - 9 Holes 1406 1612 2421 3208 Rounds Played - 18 Holes 1373 1623 3530 4607 **Grill Room (**Not included in totals) 1022 1654 1932 3122 WHITE LAKE OAKS Rounds Played - 9 Holes 1791 1777 3088 3980 Rounds Played - 18 Holes 860 1008 2330 2476 *Banquet Facilities 0 0 963 0 **Grill Room (""Not included in totals) 0 0 967 0 TOTAL ROUNDS PLAYED - 9 HOLES 98271 100601 182691 20685 TOTAL ROUNDS PLAYED -18 HOLES 4093 52271 112011 13672 TOTAL DRIVING RANGE 1644 16241 3444 2554 05-06 ACTIVITY REPORT, APR06 2 of 4 RECREATION, FACILITIES AND SPECIAL EVENTS "Not included in program totals - only in combined totals =RTICIPANTS (MONTH) PARTICIPANTS (YIV) "Not included in program totals - only in combined totals. FMO7,FY051 FM07,FY06 FY2005 FY2006 MOBILE RECREATION Bleachers 0 0 11 12 Bouncers 1325 1855 4070 6985 Bus 2115 1395 9315 10080 Climbing Wall/Tower 200 100 600 600 Dunk Tank 0 233 0 233 Inline Skate Mobile/Hockey Mobile 0 0 0 0 Puppet 0 170 340 340 Show Mobile 2 2 12 34 Adventure Sport Mobile 0 0 0 0 Tents 0 10 21 22 Camps 0 0 0 0 Miscellaneous 0 0 0 0 WATERFORD OAKS BMX 0 0 0 0 WATERFORD OAKS COURT GAMES COMPLEX 32 0 186 204 WATERFORD OAKS FRIDGE 0 0 20834 18571 WATERFORD OAKS LOOKOUT LODGE 330 627 1358 2469 WATERFORD OAKS WATERPARK 0 0 0 0 RED OAKS WATERPARK 0 0 0 0 THERAPEUTIC EVENTS 481 478 3118 4472 SENIOR EVENTS 112 116 18961 1871 TOTAL MOBILE RECREATION VISITS 36421 37651 143691 18306 TOTAL FACILITIES AND SPECIAL EVENTS 955 1221 27392 27587 05-06 ACTIVITY REPORT, APR06 3 of 4 NATURE INTERPRETIVE SERVICES PARTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. FM07,FY05 FMO FY061 FY2005 FY2006 ENVIRONMENTAL PROGRAM - INDEPENDENCE OAKS Nature Center 2715 2773 15300 15225 Outreach Visits 3781 1650 6854 6182 "*Trail Usage ("`Not included in totals) 13285 6919 66475 50082 ENVIRONMENTAL PROGRAM - LYON OAKS Nature Center 414 475 1925 2621 Outreach Visits 147 226 1425 1118 "*Trail Usage (""Not included in totals) 245 4781 2340 2046 TOTAL NATURE CENTERS 31291 32481 172251 17846 TOTAL OUTREACH VISITS COMBINED• 39281 18761 PARTICIPANTS (MONTH) 8279 7300 PARTICIPANTS (YTD) FM07,FY05 FM07,FY06 FY2005 FY2006 DAY USE PARKS 26870 30104 165728 173582 GOLF COURSES 15564 16911 32914 36911 RECREATION, FACILITIES AND SPECIAL EVENTS 4597 4986 41761 45893 NATURE INTERPRETIVE SERVICES 7057 5124 25504 25146 BANQUET FACILITIES 11610 13444 86948 75845 GRAND TOTALS 65698 70569 352855 357377 Therapeutic/Senior Event Breakdown TR: Mighty Oakds-63; B'ball-56; TGIF-88; Beaumont-21: Royal Oak-60; Jr. B'ball-190 SR: Tennis-20; Volleyball-96 REVISED 10/6/04 Note: Deleted Grill Room numbers from Combined Totals. 05-06 ACTIVITY REPORT, APR06 4 of 4 OAKLAND COUNTY PARKS AND RECREATION COMMISSION COMBINED STATEMENT OF OPERATIONS FM 7, FY 2006 (FOR MONTH ENDING 4/30/06) YEAR TO 2006 (OVER), % OF REVENUE DATE BUDGET UNDER BUDGET BUDGET ADMINISTRATION: Millage Tax $13,545,677.61 $13,687,000.00 $141,322.39 99.0% Other 380,993.11 155,300.00 (225,693.11) 245.3% GLEN OAKS GOLF COURSE 332,090.42 1,318,400.00 986,309.58 25.2% LYON OAKS GOLF COURSE 247,236.19 1,579,900.00 1,332,663.81 15.6% RED OAKS GOLF COURSE 83,637.43 404,400.00 320,762.57 20.7% SPRINGFIELD OAKS GOLF COURSE 164,515.12 964,169.00 799,653.88 17.1% WHITE LAKE OAKS GOLF COURSE 130,850.59 934,693.00 803,842.41 14.0% INDEPENDENCE OAKS NATURE CENTER 19,522.28 34,300.00 14,777.72 56.9% ADDISON OAKS 79,123.87 449,388.00 370,264.13 17.6% ADDISON OAKS CONFERENCE CENTER 40,421.74 125,000.00 84,578.26 32.3% GROVELAND OAKS 34,128.04 734,000.00 699,871.96 4.6% INDEPENDENCE OAKS 87,496.83 288,900.00 201,403.17 30.3% LYON OAKS 30,129.00 43,550.00 13,421.00 69.2% ORION OAKS 45,505.00 63,800.00 18,295.00 71.3% ROSE OAKS 498.00 1,700.00 1,202.00 29.3% SPRINGFIELD OAKS ACTIVITY CENTER/PARK 913.07 3,000.00 2,086.93 30.4% WATERFORD OAKS ACTIVITY CENTER/PARK 7,802.09 33,788.00 25,985.91 23.1 % RECREATION ADMINISTRATION 7,570.00 38,480.00 30,910.00 19.7% MOBILE RECREATION 185,670.84 424,000.00 238,329.16 43.8% RED OAKS WATERPARK 214.36 838,500.00 838,285.64 0.0% WATERFORD OAKS BMX COMPLEX 220.71 18,000.00 17,779.29 1.2% WATERFORD OAKS GAMES COMPLEX 11,730.00 21,200.00 9,470.00 55.3% WATERFORD OAKS TOBOGGAN COMPLEX 119,263.37 124,000.00 4,736.63 96.2% WATERFORD OAKS WATERPARK 177.62 801,000.00 800,822.38 0.0% TOTAL REVENUE 15,555,387.29 $23,086,468.00 $7,531,080.71 67.4% OPERATING EXPENSES ADMINISTRATION $1,937,960.36 $3,626,256.00 $1,688,295.64 53.4% GLEN OAKS GOLF COURSE 569,803.01 1,322,409.00 752,605.99 43.1% LYON OAKS GOLF COURSE 762,705.50 1,919,233.00 1,156,527.50 39.7% RED OAKS GOLF COURSE 304,655.55 678,353.00 373,697.45 44.9% SPRINGFIELD OAKS GOLF COURSE 360,938.50 940,991.00 580,052.50 38.4% WHITE LAKE OAKS GOLF COURSE 334,528.06 994,055.00 659,526.94 33.7% INDEPENDENCE OAKS NATURE CENTER 277,049.09 597,467.00 320,417.91 46.4% ADDISON OAKS 628,174.55 1,499,760.00 871,585.45 41.9% ADDISON OAKS CONFERENCE CENTER 60,717.41 198,799.00 138,081.59 30.5% GROVELAND OAKS 385,929.00 1,353,765.00 967,836.00 28.5% INDEPENDENCE OAKS 527,116.31 1,182,763.00 655,646.69 44.6% LYON OAKS 195,212.04 433,069.00 237,856.96 45.1% ORION OAKS 45,020.87 133,623.00 88,602.13 33.7% ROSE OAKS 8,289.54 31,671.00 23,381,46 26.2% SPRINGFIELD OAKS ACTIVITY CENTER/PARK 131,237.64 352,559.00 221,321.36 37.2% WATERFORD OAKS ACTIVITY CENTER/PARK 307,221.65 614,880.00 307,658.35 50.0% RECREATION ADMINISTRATION 310,337.91 707,036.00 396,698.09 43.9% MOBILE RECREATION 254,825.10 728,255.00 473,429.90 35.0% RED OAKS WATERPARK 421,553.71 1,466,311.00 1,044,757.29 28.7% WATERFORD OAKS BMX COMPLEX 13,179.68 46,245.00 33,065.32 28.5% WATERFORD OAKS GAMES COMPLEX 12,551.50 37,148.00 24,596.50 33.8% WATERFORD OAKS TOBOGGAN COMPLEX 222,986.23 274,501.00 51,514.77 81.2% WATERFORD OAKS WATERPARK 222,840.19 1,051,447.00 828,606.81 21.2% TECHNICAL SUPPORT 576,999.55 1,072,267.00 495,267.45 53.8% CONTINGENCY/INTERNAL SERVICE CHARGES" 93,237.94 600,000.00 506,762.06 N/A TOTAL OPERATING EXPENSES $8,965,070.89 21,862,863.00 $12,897,792.11 41.0% REVENUE OVER/(UNDER) EXPENSES $6,590,316.40 $1,223,605.00 ($5,366,711.40) 2006 2005 ACTUAL REVENUE TO DATE: 67.4% 64.1 % BUDGET BALANCE: 32.6% 35.9% ACTUAL EXPENSE TO DATE: 41.0% 44.0% BUDGET BALANCE: 59.0% 56.0% *CONTINGENCY YTD FIGURE: INTERNAL SERVICE FUNDS PAYMENTS IN TRANSIT. 6-1 OAKLAND COUNTY PARKS AND RECREATION COMMISSION COMBINED STATEMENT OF OPERATIONS REVENUE AND EXPENSE COMPARISON FM 7, FY 2006 (FOR MONTH ENDING 4130/06) PARK GLEN OAKS GOLF COURSE LYON OAKS GOLF COURSE RED OAKS GOLF COURSE SPRINGFIELD OAKS GOLF COURSE WHITE LAKE OAKS GOLF COURSE INDEPENDENCE OAKS NATURE CENTER ADDISON OAKS ADDISON OAKS CONFERENCE CENTER GROVELAND OAKS INDEPENDENCE OAKS LYON OAKS ORION OAKS ROSE OAKS SPRINGFIELD OAKS ACTIVITY CENTER/PARK WATERFORD OAKS ACTIVITY CENTER/PARK RECREATION ADMINISTRATION MOBILE RECREATION RED OAKS WATERPARK WATERFORD OAKS BMX COMPLEX WATERFORD OAKS GAMES COMPLEX WATERFORD OAKS TOBOGGAN COMPLEX WATERFORD OAKS WATERPARK TECHNICAL SUPPORT CONTINGENCY/INTERNAL SERVICE CHARGES* TOTAL YEAR TO DATE REVENUE $13,926,670.72 332,090.42 247,236.19 83,637.43 164,515.12 130,850.59 19,522.28 79,123.87 40,421.74 34,128.04 87,496.83 30,129.00 45,505.00 498.00 913.07 7,802.09 7,570.00 185,670.84 214.36 220.71 11,730.00 119,263.37 177.62 0.00 0.00 YEAR TO DATE EXPENSE 937,960. 6 569,803.01 762,705.50 304,655.55 360,938.50 334,528.06 277,049.09 628,174.55 60,717.41 385,929.00 527,116.31 195,212.04 45,020.87 8,289.54 131,237.64 307,221.65 310,337.91 254,825.10 421,553.71 13,179.68 12,551.50 222,986.23 222,840.19 576,999.55 93,237.94 *CONTINGENCY YTD FIGURE: INTERNAL SERVICE FUNDS PAYMENTS IN TRANSIT. REVENUE OVER (UNDER) EXP. 988,7 0.3 (237,712.59) (515,469.31) (221,018.12) (196,423.38) (203,677.47) (257,526.81) (549,050.68) (20,295.67) (351,800.96) (439,619.48) (165,083.04) 484.13 (7,791.54) (130,324.57) (299,419.56) (302,767.91) (69,154.26) (421,339.35) (12,958.97) (821.50) (103,722.86) (222,662.57) (576,999.55) (93,237.94) 6-2 OAKLAND COUNTY PARKS AND RECREATION COMMISSION COMBINED STATEMENT OF OPERATIONS FM 8, FY 2006 (FOR MONTH ENDING 5131106) YEAR TO 2006 (OVER), % OF REVENUE DATE BUDGET UNDER BUDGET BUDGET ADMINISTRATION: Millage Tax $13,875,614.90 $13,687,000.00 ($188,614.90) 101.4% Other 478,293.94 155,300.00 (322,993.94) 308.0% GLEN OAKS GOLF COURSE 535,932.18 1,318,400.00 782,467.82 40.7% LYON OAKS GOLF COURSE 405,642.12 1,579,900.00 1,174,257.88 25.7% RED OAKS GOLF COURSE 173,657.88 404,400.00 230,742.12 42.9% SPRINGFIELD OAKS GOLF COURSE 334,117.18 964,169.00 630,051.82 34.7% WHITE LAKE OAKS GOLF COURSE 358,383.13 934,693.00 576,309.87 38.3% INDEPENDENCE OAKS NATURE CENTER 22,352.70 34,300.00 11,947.30 65.2% ADDISON OAKS 92,031.07 449,388.00 357,356.93 20.5% ADDISON OAKS CONFERENCE CENTER 40,421.74 125,000.00 84,578.26 32.3% GROVELAND OAKS 46,224.03 734,000.00 687,775.97 6.3% INDEPENDENCE OAKS 107,183.81 288,900-.00 181,716.19 37.1% LYON OAKS 40,532.76 43,550.00 3,017.24 93.1% ORION OAKS 55,731.00 63,800.00 8,069.00 87.4% ROSE OAKS 498.00 1,700.00 1,202.00 29.3% SPRINGFIELD OAKS ACTIVITY CENTER/PARK 913.07 3,000.00 2,086.93 30.4% WATERFORD OAKS ACTIVITY CENTER/PARK 8,438.09 33,788.00 25,349.91 25.0% RECREATION ADMINISTRATION 23,025.00 38,480.00 15,455.00 59.8% MOBILE RECREATION 224,458.34 424,000.00 199,541.66 52.9% RED OAKS WATERPARK 2,455.86 838,500.00 836,044.14 0.3% WATERFORD OAKS BMX COMPLEX 1,425.08 18,000.00 16,574.92 7.9% WATERFORD OAKS GAMES COMPLEX 14,425.00 21,200.00 6,775.00 68.0% WATERFORD OAKS TOBOGGAN COMPLEX 121,693.37 124,000.00 2,306.63 98.1% WATERFORD OAKS WATERPARK 11,533.62 801,000.00 789,466.38 1.4% TOTAL REVENUE $16,974,983.87 23,086,468.00 6,111,484. 3 73.5% OPERATING EXPENSES ADMINISTRATION $2,177,632.08 $3,626,256.00 $1,448,623.92 60.1 GLEN OAKS GOLF COURSE 786,637.45 1,322,409.00 535,771.55 59.5% LYON OAKS GOLF COURSE 940,400.62 1,919,233.00 978,832.38 49.0% RED OAKS GOLF COURSE 365,335.06 678,353.00 313,017.94 53,9% SPRINGFIELD OAKS GOLF COURSE 434,766.33 940,991.00 506,224.67 46.2% WHITE LAKE OAKS GOLF COURSE 519,097.47 994,055.00 474,957.53 52.2% INDEPENDENCE OAKS NATURE CENTER 318,900.26 597,467.00 278,566.74 53.4% ADDISON OAKS 771,622.51 1,499,760.00 728,137.49 51.4% ADDISON OAKS CONFERENCE CENTER 67,288.47 198,799.00 131,510.53 33.8% GROVELAND OAKS 531,623.76 1,353,765.00 822,141.24 39.3% INDEPENDENCE OAKS 632,802.55 1,182,763.00 549,960.45 53.5% LYON OAKS 226,277.90 433,069.00 206,791.10 52.2% ORION OAKS 53,565.65 133,623.00 80,057.35 40.1% ROSE OAKS 8,359.50 31,671.00 23,311.50 26.4% SPRINGFIELD OAKS ACTIVITY CENTER/PARK 151,572.76 352,559.00 200,986.24 43.0% WATERFORD OAKS ACTIVITY CENTER/PARK 364,742.36 614,880.00 250,137.64 59.3% RECREATION ADMINISTRATION 383,266.24 707,036.00 323,769.76 54.2% MOBILE RECREATION 316,111.30 728,255.00 412,143.70 43.4% RED OAKS WATERPARK 542,259.87 1,466,311.00 924,051.13 37.0% WATERFORD OAKS BMX COMPLEX 18,648.84 46,245.00 27,596.16 40.3% WATERFORD OAKS GAMES COMPLEX 14,787.29 37,148.00 22,360.71 39.8% WATERFORD OAKS TOBOGGAN COMPLEX 237,472.02 274,501.00 37,028.98 86.5% WATERFORD OAKS WATERPARK 305,695.30 1,051,447.00 745,751.70 29.1 % TECHNICAL SUPPORT 669,554.60 1,072,267.00 402,712.40 62.4% CONTINGENCY/INTERNAL SERVICE CHARGES* 65,174.32 600,000.00 534,825.68 N/A TOTAL OPERATING EXPENSES $10,903,594.51 $21,862,863.00 $10,959,268.49 49.9% REVENUE OVER/(UNDER) EXPENSES $6,071,389.36 $1,223,605.00 ($4,847,784.36) 2006 2005 ACTUAL REVENUE TO DATE: 73.5% 68.1% BUDGET BALANCE: 26.5% 31.9% ACTUAL EXPENSE TO DATE: 49.9% 52.2% BUDGET BALANCE: 50.1% 47.8% *CONTINGENCY YTD FIGURE: INTERNAL SERVICE FUNDS PAYMENTS IN TRANSIT. 6-3 OAKLAND COUNTY PARKS AND RECREATION COMMISSION COMBINED STATEMENT OF OPERATIONS REVENUE AND EXPENSE COMPARISON FM 8, FY 2006 (FOR MONTH ENDING 5/31/06) YEAR TO DATE YEAR TO DATE REVENUE OVER PARK REVENUE EXPENSE (UNDER)EXP. ADMINISTRATION $14,353,908.84 2,177,632.08 12,176,276.76 GLEN OAKS GOLF COURSE 535,932.18 786,637.45 (250,705.27) LYON OAKS GOLF COURSE 405,642.12 940,400.62 (534,758.50) RED OAKS GOLF COURSE 173,657.88 365,335.06 (191,677.18) SPRINGFIELD OAKS GOLF COURSE 334,117.18 434,766.33 (100,649.15) WHITE LAKE OAKS GOLF COURSE 358,383.13 519,097.47 (160,714.34) INDEPENDENCE OAKS NATURE CENTER 22,352.70 318,900.26 (296,547.56) ADDISON OAKS 92,031.07 771,622.51 (679,591.44) ADDISON OAKS CONFERENCE CENTER 40,421.74 67,288.47 (26,866.73) GROVELAND OAKS 46,224.03 531,623.76 (485,399.73) INDEPENDENCE OAKS 107,183.81 632,802.55 (525,618.74) LYON OAKS 40,532.76 226,277.90 (185,745.14) ORION OAKS 55,731.00 53,565.65 2,165.35 ROSE OAKS 498.00 8,359.50 (7,861.50) SPRINGFIELD OAKS ACTIVITY CENTER/PARK 913.07 151,572.76 (150,659.69) WATERFORD OAKS ACTIVITY CENTER/PARK 8,438.09 364,742.36 (356,304.27) RECREATION ADMINISTRATION 23,025.00 383,266.24 (360,241.24) MOBILE RECREATION 224,458.34 316,111.30 (91,652.96) RED OAKS WATERPARK 2,455.86 542,259.87 (539,804.01) WATERFORD OAKS BMX COMPLEX 1,425.08 18,648.84 (17,223.76) WATERFORD OAKS GAMES COMPLEX 14,425.00 14,787.29 (362.29) WATERFORD OAKS TOBOGGAN COMPLEX 121,693.37 237,472.02 (115,778.65) WATERFORD OAKS WATERPARK 11,533.62 305,695.30 (294,161.68) TECHNICAL SUPPORT 0.00 669,554.60 (669,554.60) CONTINGENCY/INTERNAL SERVICE CHARGES* 0.00 65,174.32 (65,174.32) TOTAL$6,071,38 *CONTINGENCY YTD FIGURE: INTERNAL SERVICE FUNDS PAYMENTS IN TRANSIT. 6-4 ACTIVITY REPORT MAY, 2006 (FM08, FY2006) * Not included in program totals - only in combined totals. In-house events are counted in facility totals. ADDISON OAKS PARK Campers Day Use Day Campers *ADDISON OAKS CONFERENCE CENTER GROVELAND OAKS PARK Campers Day Use Day Campers INDEPENDENCE OAKS Day Use Day Campers Overnight Youth Group Campers LYON OAKS Day Use Dog Park ORION OAKS PARK Day Use Dog Park ROSE OAKS PARK Day Use SPRINGFIELD OAKS ACTIVITY CENTER Day Use 4-H Fair *Banquet Facilities WATERFORD OAKS Activity Center - non banquet *Banquet Facilities - Activity Center Day Use TOTAL CAMPERS TOTAL DAY USE TOTAL DAY CAMPERS TOTAL OVERNIGHT YOUTH GROUP CAMPERS TOTAL DOG PARK TOTAL 4-H FAIR TOTAL ACTIVITY CENTER -NON BANQUET PARTICIPANTS (MONTH) FM08,FY05 FM08,FY0 5672 464 2680 259 0 4732 519 5964 780 1683 291 0 21981 2083 298 6 55 22 233 76 2101 432 21601 148 39 2916 320 0 7067 569 813 783 725 67 11636 1244 32778 328 298 55 2 5537 75 0 813 IKLAND 52 63 28 41 'I# ► l� ::.� PARTICIPANTS (YTD) 6 FY2005 FY2006 0 11999 9644 5 6052 6102 0 0 0 8 23018 22910 8 5964 7808 6 1683 2916 0 0 0 3 116740 109392 3 1023 63 8 328 424 2 1433 2425 1 17390 19185 4 13164 11128 0 20960 23522 2 3200 6223 0 6066 7569 0 0 0 9 35730 28734 0 5586 4136 0 5663 315 0 5257 16177 8 17963 17452 153595 161932 1023 63 328 424 38350 42707' 0 0 0 0 5586 4136 05-06 ACTIVITY REPORT.As, MAY06 7-1 of 4 GOLF COURSES * Not included in program totals - only in combined totals. PARTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. FM08,FY05 FM08,FY06 FY2005 FY2006 GLEN OAKS Rounds Played - 9 Holes 6479 5238 12618 11569 Rounds Played - 18 Holes 1666 1254 3711 3884 *Banquet Facilities 6164 5775 33499 34357 **Grill Room (**Not included in totals) 2889 3395 58001 6348 LYON OAKS Rounds Played - 9 Holes 1408 1323 2490 2268 Rounds Played - 18 Holes 2438 1792 5734 5751 Driving range 2020 1656 5464 4210 *Banquet Facilities 1679 1176 8500 7377 **Grill Room (**Not included in totals) 4188 3645 8532 8917 RED OAKS - (Under construction - Opening Spring 2004) Rounds Played - 9 Holes 3813 3697 9352 9918 SPRINGFIELD OAKS Rounds Played - 9 Holes 4532 4723 6953 7931 Rounds Played - 18 Holes 2635 1979 6165 6586 **Grill Room (**Not included in totals) 5315 4459 7247 7581 WHITE LAKE OAKS Rounds Played - 9 Holes 4854 5655 7942 9635 Rounds Played - 18 Holes 1219 1088 3549 3564 *Banquet Facilities 0 0 963 0 **Grill Room (**Not included in totals) 0 0 967 0 TOTAL ROUNDS PLAYED - 9 HOLES 21086 20636 39355 41321 TOTAL ROUNDS PLAYED -18 HOLES 7958 6113 19159 19785 TOTAL DRIVING RANGE 2020 1656 5464 4210 05-06 ACTIVITY REPORT.As, MAY06 7-2 of 4 RECREATION, FACILITIES AND SPECIAL EVENTS Not included in program totals - only in combined totals. PARTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. I FMO8,FY051 FM08,FY06 FY2005 FY2006 MOBILE RECREATION Bleachers 4 2 15 14 Bouncers 4425 6565 8495 13550 Bus 2745 2925 12060 13005 Climbing Wall/Tower 900 700 1500 1300 Dunk Tank 1398 1398 1398 1631 Inline Skate Mobile/Hockey Mobile 167 334 167 334 Puppet 850 1360 1190 1700 Show Mobile 24 18 36 52 Adventure Sport Mobile 0 0 0 0 Tents 7 11 28 33 Camps 0 0 0 0 Miscellaneous 0 0 0 0 WATERFORD OAKS BMX 1293 1164 1293 1164 WATERFORD OAKS COURT GAMES COMPLEX 396 160 582 364 WATERFORD OAKS FRIDGE 0 0 20834 18571 WATERFORD OAKS LOOKOUT LODGE 660 1255 2018 3724 WATERFORD OAKS WATERPARK 115 3621 115 3621 RED OAKS WATERPARK 112 4980 112 4980 THERAPEUTIC EVENTS 408 483 3526 4955 SENIOR EVENTS 1969 1924 3865 3795 TOTAL MOBILE RECREATION VISITS 105201 158921 248891 31619 TOTAL FACILITIES AND SPECIAL EVENTS 49531 13587 32345 41174 05-06 ACTIVITY REPORT.As, MAY06 7-3 of 4 NATURE INTERPRETIVE SERVICES PARTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. FMO8,FY051 FM08,FY06 FY20057 FY2006 ENVIRONMENTAL PROGRAM - INDEPENDENCE OAKS Nature Center 2708 3491 18008 18716 Outreach Visits 1845 874 8699 7056 "`Trail Usage ("*Not included in totals) 11458 7584 77933 57666 ENVIRONMENTAL PROGRAM - LYON OAKS Nature Center 505 321 2430 2942 Outreach Visits 99 106 1524 1224 "`Trail Usage (""Not included in totals) 315 600 2655 2646 TOTAL NATURE CENTERS 32131 38121 204381 21658 TOTAL OUTREACH VISITS COMBINED• 19441 9801 PARTICIPANTS (MONTH) 102231 8280 PARTICIPANTS (YTD) FM08, FY05 FM08, FY06 FY2005 FY2006 DAY USE PARKS 51117 53132 216845 226714 GOLF COURSES 31064 28405 63978 65316 RECREATION, FACILITIES AND SPECIAL EVENTS 15473 29479 57234 72793 NATURE INTERPRETIVE SERVICES 5157 4792 30661 29938 BANQUET FACILITIES 20425 17848 107373 93693 GRAND TOTALS 123236 133656 476091 488454 Therapeutic/Senior Event Breakdown TR: Hockey-28; Hand cycling-29; B'ball-32; Softball-120; Disabled team-228; Golf-46 SR: Softball-1924 Drayton Plains Nature Center - 436 REVISED 10/6/04 Note: Deleted Grill Room numbers from Combined Totals. 05-06 ACTIVITY REPORT.As, MAY06 7-4 of 4 ACTIVITY REPORT r-IrAKLAND JUNE, 2006 (FM09, FY2006) DAY USE PARKS* Not included in program totals - only in combined totals. PARTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. FM09,FY051 FM09,FY061 FY2005 FY2006 ADDISON OAKS PARK Campers 17088 13128 29087 22772 Day Use 19578 10047 25630 16149 Day Campers 0 0 0 0 *ADDISON OAKS CONFERENCE CENTER 4504 3726 27522 26636 GROVELAND OAKS PARK Campers 25940 265281 31904 34336 Day Use 1 14950 107511 166331 13667 Day Campers 17241 19301 17241 1930 INDEPENDENCE OAKS PARK Day Use 46001 42694 162741 152086 Day Campers 6684 4589 7707 4652 Overnight Youth Group Campers 2381 219 566 643 LYON OAKS PARK Day Use 522 1263 19551 3688 Dog Park 1565 3789 18955 22974 ORION OAKS PARK Day Use 2700 14841 15864 12612 Dog Park 4295 3220 252551 26742 ROSE OAKS PARK Day Use 400 392 3600 6615 SPRINGFIELD OAKS ACTIVITY CENTER Day Use 3110 4260 9176 11829 4-H Fair 0 0 0 0 *Banquet Facilities 6970 4589 42700 33323 WATERFORD OAKS Activity Center - non banquet 7361 401 63221 4176 *Banquet Facilities - Activity Center 600 0 62631 315 Day Use 15181 29951 67751 19172 TOTAL CAMPERS 43028 396561 60991 57108 TOTAL DAY USE 88779 73886 242374 235818 TOTAL DAY CAMPERS 8408 6519 9431 6582 TOTAL OVERNIGHT YOUTH GROUP CAMPERS 238 219 566 643 TOTAL DOG PARK 5860 7009 44210 49716 TOTAL 4-H FAIR 0 0 0 0 TOTAL ACTIVITY CENTER -NON BANQUET 736 40 6322 4176 05-06 ACTIVITY REPORT.As, JUNE06 1 of 4 GOLF COIRSES * Not included in program totals - only in combined totals. PARTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. FM09,FY05 FM09,FY06 FY2005 FY2006 GLEN OAKS Rounds Played - 9 Holes 7461 7129 20079 18698 Rounds Played - 18 Holes 2041 1810 5752 5694 *Banquet Facilities 4932 5221 38431 39578 **Grill Room (**Not included in totals) 4567 4311 10367 10659 LYON OAKS Rounds Played - 9 Holes 1441 1867 3931 4135 Rounds Played - 18 Holes 3603 3893 9337 9644 Driving range 2084 2990 7548 7200 *Banquet Facilities 2533 2554 11033 9931 **Grill Room (**Not included in totals) 5248 4208 13780 13125 RED OAKS Rounds Played - 9 Holes 4964 5012 14316 14930 SPRINGFIELD OAKS Rounds Played - 9 Holes 5215 4987 121681 12918 Rounds Played - 18 Holes 2922 3026 9087 9612 **Grill Room (**Not included in totals) 50451 4610 12292 12191 WHITE LAKE OAKS Rounds Played - 9 Holes 6075 6271 14017 15906 Rounds Played - 18 Holes 1563 786 5112 4350 *Banquet Facilities 0 0 963 0 **Grill Room (**Not included in totals) 0 0 967 0 TOTAL ROUNDS PLAYED - 9 HOLES 25156 25266 64511 66587 TOTAL ROUNDS PLAYED -18 HOLES 10129 9515 29288 29300 TOTAL DRIVING RANGE 2084 2990 7548 7200 05-06 ACTIVITY REPORT.xls, JUNE06 2 of 4 RECREATION, FACILITIES AND SPECIAL EVENTS * Not included in program totals - only in combined totals. PARTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. FM09,FY05 FMO9,FY061 FY2005 FY2006 MOBILE RECREATION Bleachers 4 3 19 17 Bouncers(*) 12920 17390 21415 30940 Bus 2970 3195 15030 16200 Climbing Wall/Climbing Tower 2500 3100 4000 4400 Dunk Tank 5126 4427 6524 6058 Inline Skate Mobile/Hockey Mobile 2411 1670 2578 2004 Puppet 3400 2040 4590 3740 Show Mobile 38 37 74 89 Adventure Sport Mobile 0 520 0 520 Tents 45 47 73 80 Camps 184 270 184 270 Miscellaneous 0 0 0 0 WATERFORD OAKS BMX 1142 1215 2435 2379 WATERFORD OAKS COURT GAMES COMPLEX 144 160 726 524 WATERFORD OAKS FRIDGE 0 0 20834 18571 WATERFORD OAKS LOOKOUT LODGE 870 1049 2888 4773 WATERFORD OAKS WATERPARK 18572 13024 18687 16645 RED OAKS WATERPARK 26853 15790 26965 20770 THERAPEUTIC EVENTS 644 301 41701 5256 SENIOR EVENTS 25921 2378 64571 6173 TOTAL MOBILE RECREATION VISITS 295981 326991 544871 64318 TOTAL FACILITIES AND SPECIAL EVENTS 1 50817 33917 831621 75091 05-06 ACTIVITY REPORT.As, JUNE06 3 of 4 NATURE INTERPRETIVE SERVICES PARTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. I FM09,FY05 FM09,FY06 FY20051 FY2006 ENVIRONMENTAL PROGRAM - INDEPENDENCE OAKS Nature Center 4354 4728 22362 23444 Outreach Visits 138 321 8837 7377 **Trail Usage (**Not included in totals) 10150 8382 88083 66048 ENVIRONMENTAL PROGRAM - LYON OAKS Nature Center 328 296 2758 3238 Outreach Visits 226 216 1750 1440 **Trail Usage (**Not included in totals) 2931 594 2948 3240 TOTAL NATURE CENTERS 1 46821 50241 251201 26682 TOTAL OUTREACH VISITS COMBINED• 1 3641 5371 PARTICIPANTS (MONTH) 105871 8817 PARTICIPANTS (YTD) FM09, FY05 FM09, FY06 FY2005 FY2006 DAY USE PARKS 147049 127329 363894 354043 GOLF COURSES 37369 37771 101347 103087 RECREATION, FACILITIES AND SPECIAL EVENTS 80415 66616 137649 139409 NATURE INTERPRETIVE SERVICES 5046 5561 35707 35499 BANQUET FACILITIES 19539 16090 126912 109783 GRAND TOTALS 289418 253367 765509 741821 Therapeutic/Senior Event Breakdown TR: B-ball-24; Handcycle-15; Golf clinic-36; TR Social-41; Tennis-27; Golf-48; Beaumont-12: Softball-98 SR: Softball-2304; Tennis-26;volleyball-48: Drayton Plains Nature Center: 64 (*)From page 3 - Includes: Bouncers, Mini Pkg, Treasure Island, Sea Serpent and Space Maze REVISED 10/6104 Note: Deleted Grill Room numbers from Combined Totals. 05-06 ACTIVITY REPORT.As, JUNE06 4 of 4 ITEM #6 STAFF INTRODUCTIONS 6-1 ITEM #7 DONATION RECOGNITION 7-1 ITEM #8 RESOLUTION NATIONAL RECREATION AND PARKS MONTH WHEREAS, the Oakland County Parks and Recreation Commission's mission is to provide all residents of Oakland County with recreational, leisure, and learning experiences, parks, open spaces, and facilities, resulting in a comprehensive county park system that enhances quality of life; and WHEREAS, parks, recreation activities, and leisure experiences provide opportunities for young people to live, grow, and develop into contributing members of society; and WHEREAS, parks and recreation creates lifelines and continued life experiences for older members of our community; and WHEREAS, parks and recreation generates opportunities for people to come together and experience a sense of community through fun recreational pursuits; and WHEREAS, parks and recreation agencies provide outlets for physical activities, socialization, and stress -reducing experiences; and WHEREAS, parks, playgrounds, nature trails, open spaces, community and cultural centers, and historic sites make communities attractive and desirable places to live, work, play, and visit, in a manner that contributes to our ongoing economic vitality; and WHEREAS, parks, greenways, and open spaces provide a welcome respite from our fast -paced, high-tech lifestyles while simultaneously protecting and preserving our natural environment; and WHEREAS, parks and recreation agencies touch the lives of individuals, families, groups, and the entire community, which positively impacts upon the social, economic, health, and environmental quality of our community. NOW THEREFORE BE IT RESOLVED, that the Oakland County Parks and Recreation Commission proclaims July as Recreation and Parks Month and encourages all citizens to celebrate healthy, active lifestyles by participating in their choice of recreation and park activities. Moved by Supported by Date: June 7, 2006 8-1 ITEM #8 RESOLUTION Staff requests Commission approval for the acceptance of a $1500 grant award from the Michigan Recreation and Park Association through the Michigan Department of Community Health for the "Michigan Get Moving" mini grant. Monies will be used for an adaptive gardening program at the Springfield Oaks Community Garden. 8-1 RESOLUTION WHEREAS, the Oakland County Parks and Recreation Commission has been awarded $1,500 for the Springfield Oaks Community Garden Program through the Michigan Recreation and Park Association and the Michigan Department of Community Health; and WHEREAS, the Community Garden Program was developed in response to the need for a Horticulture Therapy Program for everyone — seniors, individuals with physical or cognitive impairments, judicial system rehabilitation, youth -at -risk and the general population - based on input from community organizations, parks and recreation department directors, and Oakland County Parks and Recreation Commission and staff members; and WHEREAS, the Community Garden Program meets the Oakland County Parks and Recreation Commission's goals and objectives of innovative specialized recreation programs and universal access to recreation; 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 the outdoors and promote universal access to recreation. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission accepts the Springfield Oaks Community Garden Mini -Grant award in the amount of $1,500 from the Michigan Recreation and Park Association and the Michigan Department of Community Health. Moved by Supported by Date 8-2 ITEM #9 DTE ENERGY ELECTRICAL EASEMENT ORION OAKS — DOG PARK A 15'-wide electrical easement is required for approximately 260-linear feet of underground primary service to the new restroom facility located at the new Dog Park gravel parking lot at Orion Oaks. Staff recommends approval of this easement. Please refer to the attached drawing. 9-1 PROPERTY DES ., ...�11ON PARCEL 0q-17- 200- 003 T4N, R10E, SEC 16-17-20-21 PART OF SECS 16, 17, 20 & 218EG AT N 1/4 COR OF SEC 17, TM S 01-48-53 E 1297.21 FT, TH 5 88-46-31 \V 206&08 FT, TH S 02-02-39 E 150 FT, TH S 88-46-45 \V 384.54 FT, TH S 01-53-20 E 1107.87 FT TO W 1/4 COR OF SEC 17, TH ALG CEN U OF BALDMN RD S 39-59-59 E 805.88 FT & S 37-39-00 E 200 FT & S 37-28-45 E 200 FT & S 27-24-45 E 200 FT & S 17-53-00 E 200 FT & 5 07-27-00 E 200 FT & S 03-03-00 E 200 FT & S 00-51-13 E 214.36 FT & S 03-08-18 V 120.69 FT & S 03-08-34 V 67.45 FT & ALG CURVE TO LEFT, RAD 600 FT, CHORD BEARS S 08-32-16 E 242.95 FT, DST OF 244.64 FT & 5 20-13-06 E 988.63 FT, TH N 69-44-27 E 1OZ73 FT, TH N 66-07-25 E 126.18 FT, TH N 62-30-23 E 1527.68 FT, TH ALG CURVE TO RIGHT, RAD 1800 FT, CHORD BEARS N 87-56-59 E 1546.63 FT, DST OF 1598.66 FT, TH S 66-36-24 E 355.05 FT, TH ALG CURVE TO LEFT, RAD 1200 FT, CHORD BEARS S 78-59-59 E 516.44 FT, DST OF 520.52 FT, TH N 88-34-26 E 2647.97 FT, TH S 04-52-57 E 178.65 FT, TH ALG VLY UNE OF J05LYN RDALG CURVE TO RIGHT, RAD 1492.40 FT, CHORD BEARS N 12-08-35 E 366.75 FT, DST OF 367.68 FT & N 19-12-03 E 1125.01 FT & ALG CURVE TO LEFT, RAD 1849.86 FT, CHORD BEARS N 04-12-03 E 957.56 FT, DST OF 968.63 FT & N 10-47-55 V 1450.91 FT & ALG CURVE TO RIGHT, RAID 2924.79 FT, CHORD BEARS N 06-07-53 \V 476.02 FT, DST OF 476.56 FT & N 01-27-27 V 1318.48 FT, TH S 87-43-42 b/ 239.14 FT, TH N 02-16-19 V 60 FT, TH S 87-43-42 \V 426.82 FT TO N 1/4 COR OF SEC 16, TH S 87-08-16 W 2625.03 FT TO NE COR OF SEC 17, TH 5 87-18-07 V 2428.30 FT TO BEG EXC N 60 FT OF NV 1/4 OF SO SEC 16,AL50 EXCN 60 FT OF W 426.82 FT OF NE 1/4 OF SEC 16 TAKEN FOR CLARKSTON RD, ALSO EXC THAT PART TAKEN FOR \uMING OF BALDWN RD LYINGIN SECS 17 & 20 876.93 A 8-5-93 CORR EASEMENT DESCRIPTION: T4N, 1310E, SEC 16, BEG AT N 1/4 COR OF SAID SEC 16, TH N 874SQ4 ' E, 426.82% TH S 02716'19" E, 60.00', TH N 87'43"42 E, 239.14', TH S 1*27,221, E, 960.46' TO THE POINT OF BEGINNING OF SAID EASMENT, TH S 89'16'29" W, 260.73', TH S 0'43'31" E, 15.00', TH N 89'16'29" E, 261.11', TH N 1'27'22" W, 15.00' TO THE POINT OF BEGINNING, CONTAINING .09 AC. 1 0 NORTH 1/4 CORNER SECTION 16 s 87.43'42' W z 426.82N FT a, c BORE UNDER EXISTING EVERGREEN N BUFFER AND J05LYN ROAD TO EXISTING o DTE OVERHEAD UNES \ 87-43'42- W (2) 4' SCH 40 ELEC. PVC CONDUIT £ �i z FOR DTE PRIMARY SERVICE "\\ 239.1400 FT Y c (CURRENTLY INSTALLED BY OWNER) m ro ~ m � PROPOSED GRAVE.. PARKING LOT ro CURRENTLY UNDER CONSTRUCTION £ PROPOSED FUTURE 20'x28' PAVIUON S 89'i6 -� 260 cn W g Son d mn W N 89'lf rn � 26: ('A--�DTE �MT SCAM: PROPOSED ELECTRICAL TRANSFORMER PROPOSED MASONRY BLOCK RESTROOM (CURRENTLY UNDER CONSTRUCTION) x x x x APPROX. 88.1' x 15.0' UNDERGROUND x EASEMENT x x3Dn d x x x x x x x x x x x x x x x x x x V x E�5ENENT & DESCRIPTION 1" = 50' - 0" 22 2: Z , 4 c' Zc G) Q -u y tl Z 91, 71 c� m� I., EXISTING POW` �^ 340 d `6 OD O FAk ORION 0AN S 2006 DOG PARK IMPROVEMENTS 2310 CLARKSTON ROAD LAKE ORION, MICHIGAN 48360 (248) 625-0877 (OFFICE) 5-18-06 REV PER DTE & OC REVIEW a a D C�OCUJl�7`��l pLQG�C�� DESIGN & DEVELOPMENT MICHAEL J. DONNEU_ON, JR, RLA, ASIA 2800 WATKINS LAKE ROAD WATERFORD, MICHIGAN 48328 (248) 858-4623 (OFFICE) (248) 858-1683 (FAX) donnellonm@co.ockJand.mi.us ITEM #10 EQUESTRIAN CENTER BUSINESS PLAN SPRINGFIELD OAKS ACTIVITY CENTER Oakland County 4H Fair Association staff will be at the meeting to present their revised business plan for the proposed equestrian center at Springfield Oaks. At that time, the Parks Commission will have the opportunity to pose any questions you may have regarding the revisions. The 4H Fair Board is asking for the Parks Commission's approval to proceed with the equestrian center project. 10-1 Springfield Oaks 4-H Fairgrourrls Electrical Upgrade (Material Staff has received the following 4 bids on May 23, : (f 10) materials required to complete the necessary site elec' improvements will supply power to the Ellis and Oaks (, he 4-H Fair Association will be completing the installatior. contingent upon the Parks Commission's approval of the contract City Electric Waterford, MI Graybar Electric Belleville, MI Wesco Distribution Oak Park, MI Madison Electric Warren, MI Electrical PVC & Misc. $3,488.02 No Bid $4,332.21 $3,674.24 Electrical Wire $21,003.40 Items missing $18,100,50 $20,784.80 Electrical Switchboard No Bid No Bid $10,855.00 : $9,150.00 Total 1 $24,491.421 1 $33 287.71 $33 609.04 Staff Recommends a split approval to the following suppliers City Electric $3,488.02 Wesco Distribution $18,100.50 Madison Electric $9,150.00 Total $30,738.52 The 2006 Capital Improvement Project budget has a remaining balance of $28,500. $2,238.52 will be reimbursed to Oakland County Parks & Recreation by the 4-H Fair Association. Independence Oaks Boardwalk B - Lumber & Hardware Materials Oakland County Parks and Recreation has received a Michigan Natural Resources Trust Fund Cevelopment Grant to build approximately 1,100-foot boardwalk, with a bridge over the Clinton River, to connect Camp Wilderness (Organizational Youth Campground) to the beach and other park recreational facilities. the boardwalk, along with approximately 5, 000 feet of asphalt trail, will also complete a 2.1 mile improved surface Trail loop through th park. The 8' wide boardwalk and bridge foundation will be installed and constructed by Parks' Technical Support Department over the next year, which will require the purchase of lumber and hardware. It is estimated that the lumber and hardware for the entire project is approximately $60,000, of which the commission previously approved $18,994.49 for boardwalk A at the January 7, 2006 Commission Meeting. Staff recieved the following five bids on May 30, 2006; H.A. Smith Lapeer National Burke Lake Orion Farmington Lumber Lumber Building Lumber Hills, MI Lapeer, MI Warren, MI Center Lake Orion, Waterford, MI MI Lumber $10,004.89 $12,380.94 $9,980.27 $13,187.70 $10,175.66 Hardware $3,915.031-1 $3,425.89 1,978 $4,073.24 Total $13,919.92 $13,826.25 $13,406.16 $15,164.58 $14,248.90 Did not meet specification Staff recommends awarding a contract to National Lumber in the amount of $13,406.16, plus a $1,000 contingency for miscellanous materials and small tools, for a total approved amount of $14,406.16. The adopted 2006 Capital Improvement Budget for this project is $365,000, with 60% of this budget to be reimbursed by the MNRTF Grant. Springfield Oaks Equestrian Center Revised Financial Plan May 2006 Table of Contents I. Revised Financial Plan - Why? II. Other Benefits III. Revenue Sharing IV. Financial Plan - Without Winter Storage V. Financial Plan Notes VI. Summary 10-2 Revised Financial Plan - Why? In April, 2004, the Oakland County 4-H Fair Association presented a proposal for an Equestrian Center at Springfield Oaks. This proposal was approved by the OCPR Board of Commissioners subject to the approval by Springfield Township regarding RV winter storage. As of the writing, the township has not yet approved winter storage. The review process could possibly take several more months, with no assurance at this time that it will be approved. Initially, the Oakland County 4-H Fair Association developed the equestrian Center proposal without any consideration for winter RV storage. The plan without winter storage appeared to be financially sound. Recognizing that the facilities would be idle and vacant each winter, the fair board enhanced the plan to include winter RV storage. When it became apparent that Springfield township was not going to quickly approve our site plan including winter storage, the fair board re -visited the financial plan without winter storage. Several changes were made to this plan to expand the number of horse shows that could be held in the spring and fall at times that were previously not available due to RV vehicles occupying the facilities. In addition, the fair board added three more horse shows on open weekends during the summer. Initially the board took a more conservative approach and only included revenue projections for 20 shows per season. After two years of experience gained through talking with a large number of horse show associations, the board is much more confident today with the more aggressive plan. The fair board feels it is imperative that the facilities are constructed and available for the 2008 show season. Equestrian associations typically book the show facilities from one to three years ahead. The associations will not book a show at Springfield Oaks until such time as the fair board is able to demonstrate concretely that the funding is in place and the facilities will be built. There has been a great deal of discussion in the equestrian community regarding Springfield Oaks as a potential site for an equestrian center. While this discussion has generated a great deal of interest, it also has created some doubt. The equestrian community, supported by Springfield Oaks competitors no doubt, has begun to wonder 10-3 aloud as to whether this facility will ever be built. The longer the delay the more opportunity the other equestrian centers will have to secure long term contracts and improve their facilities. Other Benefits Park Attendance Springfield Oaks is the second most attended park in the system. The 2004 annualized attendance at Springfield Oaks was 152,300. It is anticipated that the equestrian center will attract another 40,000 visitors annually to the park. Economic Impact on the Community The Oakland County Planning & Economic Development Services (PEDS) performed an economic impact study using the Michigan Tourism Economic Impact Model to determine what the economic impact of the equestrian center would be on the surrounding communities. The study was directed by Dan Hunter and performed by Katherine Graham of PEDS. Total visitor spending was originally calculated for a 20 show season at $1,155,000. The revised plan calls for a 27 show season. It is assumed that a 35% increase in the number of horse shows will increase total visitor spending by 35% to $1,559,250. Equestrian Demographics There are 130,000 horses in the state of Michigan. 2. 70 % of the horse population is located in the southern third of the Lower Peninsula. 3. The growth in the number of horses in Michigan is in the larger metropolitan areas. 4. Oakland County, with 7,000 horses, has the largest horse population in the state. 5. There are over 37,000 horses located within a one hour drive of Springfield Oaks. 6. There are no public horse show facilities in Oakland County. 10-4 7. Oakland County residents most often travel to equestrian facilities in Midland, Shiawassee and Ingham counties. Revenue Sharing Assumptions & Goals • The Fair Board recognizes that the fair cannot generate the kind of revenue needed to insure its continued self-sufficiency and growth without some additional supporting revenue sources. • The Fair Board recognizes that the additional revenue generated from the existing buildings and grounds rentals, while helping to offset fair costs and allowing some building expansion, is still not enough to insure growth and viability of the fair. • The Parks & Recreation department would like to have the Fair Board assume additional financial responsibility for a larger share of the Springfield Oaks Park operating maintenance. • The Fair Board and the Parks & Recreation department would like to have a revenue source that would help to fund capital improvements to the park. • The proposed equestrian center will provide the kind of revenue stream that will: Insure the long term viability of the Oakland County 4-H Fair. Provide revenue for future capital improvements. Help meet the goals of the OCPR as stated in the Executive Summary for the Springfield Oaks Master Plan Revision: "The goal of the OCPR system, guardian of this facility, is to continue to provide facilities and activities that don't compete with the local communities, offering opportunities not provided by them, and are financially self sufficient using funds generated through the operation and services provided." 10-5 Revenue Sharing Plan The financial plan without winter RV storage shows gross annual revenue of $69,000 beginning in 2008 and growing to $197,615 annually five years later in 2012. OCPR will earn a percentage of the Gross Annual Revenue with a minimum guaranteed amount. OCPR will receive whichever amount is greater. After the first year of operation, OCPR will receive a minimum payment of $6,900 with the more realistic potential of earning 20% of gross earnings, or $13,800 based upon projected gross revenues. After the second year of operation, OCPR will receive a minimum payment of $19,170 with the more realistic potential of earning 25% of gross earnings, or $47,925 based upon projected gross revenues. After the third year of operation, OCPR will receive a minimum payment of $28,755 with the more realistic potential of earning 30% of gross earnings, or $57,510 based upon projected gross revenues. After the fourth year of operation and for each year following, OCPR will receive a minimum payment of $29,642 with the more realistic potential of earning 30% of gross earnings, or $59,285 based upon projected gross revenues. 10-6 Springfield Oaks Equestrian Center Five Year Financial Plan Notes With and Without Winter Storage GROSS REVENUE The original financial plan included winter storage. The revised plan has excluded winter storage revenue. In an effort to off -set the loss of winter storage revenue, several changes have been made to the revised plan. The original plan included five shows in the first full year of operation. The revised plan has been increased to ten shows. This is possible because the equestrian community is now fully aware of our efforts to provide a horse show facility. Several clubs have approached us indicating their desire to book shows at Springfield Oaks as soon as the facility is ready. In addition, it appears that our first full year of operation will be 2008, giving us additional time to market the facility. The original plan projected twenty shows per year beginning in the second year of operation. The revised plan has increased the number of shows from twenty to twen - seven shows per year. Four of the additional shows are possible because they will not conflict with winter storage requirements in October and April of each year. The original plan did not allow for horse shows the first two weeks in April and the last two weeks in October as the facilities were to be occupied by Recreational Vehicles. The remaining three additional shows reflect the actual number of weekends available in the show season. The original projections simply used four shows a month for May, June, August and September, one show in April and October and two shows in July. Again, with the interest that has been expressed by the equestrian community coupled with the success the other equestrian facilities are experiencing, we are confident that we can book 27 shows per year after our first year of operation. The Ingham County Fairgrounds in Mason has no open dates for their enclosed arena for the next three years. The Midland County Fairgrounds has no open dates this year. The Shiawassee Fairgrounds has one open weekend this year due to a cancellation. The revised plan fee schedule for the first three years of operation remains the same as in the original plan. After the Springfield Oaks Equestrian Center has established itself as a premier facility the rates will increase across the board by 3.5% . 10-7 We also believe that we are conservative on the number of stalls that will be used for each show. Our forecast assumes 200 stalls per show will be rented. Ingham, Midland and Shiawassee counties all have over 400 stalls available. TOTAL DIRECT EXPENSES All expenses have increased in the financial plan without winter storage. This is primarily due to the increase in expenses associated with adding seven shows. This original plan assumes two maintenance workers for 40 hours per week for 20 weeks per year at a salary of 12.00 per hour and two part time staff during the shows for 16 hours per week at 12.00 per hour. The revised plan has expanded these hours to support 27 weeks per year. These individuals would be responsible for grading and watering the arenas, cleaning and stocking the bathrooms and trash removal during the shows. After the show, these workers will clean stalls and remove manure as well as prepare the facilities for the next show. In addition, the revised plan provides for salary increases of 3.5% per year that were not included in the original proposal. The utilities expense is increased in the revised plan to reflect the increase in the number of shows from 20 to 27. The insurance also reflects an increase based upon the increase in the number of shows. Equipment, maintenance and marketing/advertising expenses will not change based upon the increase in the number of shows. 10-8 SUMMARY The Springfield Oaks Equestrian Center remains a very attractive revenue generator even without winter storage. Forecasted Gross revenue with winter storage is $224,917. Gross revenue without winter storage is projected at $197,615. A difference of $27,302. OCPR will earn $59,285 per year from the Equestrian Center without winter storage. Earnings for OCPR with winter storage were projected at $67,475. A difference of $8,190 per year. (OW Revenue Sharing Plan The financial plan without winter RV storage shows gross annual revenue of $69,000 beginning in 2008 and growing to $197,615 annually five years later in 2012. OCPR will earn a percentage of the Gross Annual Revenue with a minimum guaranteed amount. OCPR will receive whichever amount is greater. After the first year of operation, OCPR will receive a minimum payment of $6,900 with the more realistic potential of earning 20% of gross earnings, or $13,800 based upon projected gross revenues. After the second year of operation, OCPR will receive a minimum payment of $19,170 with the more realistic potential of earning 25% of gross earnings, or $47,925 based upon projected gross revenues. After the third year of operation, OCPR will receive a minimum payment of $28,755 with the more realistic potential of earning 30% of gross earnings, or $57,510 based upon projected gross revenues. After the fourth year of operation and for each year following, OCPR will receive a minimum payment of $29,642 with the more realistic potential of earning 30% of gross earnings, or $59,285 based upon projected gross revenues. 10-10 Springfield Oaks Equestrian Center Financial Plan Without Winter Storage Income Year 1 Year 2 Year 3 Year 4 Year 5 Arena Fees $10,000 $27,000 $27,000 $27,950 $27,950 Stall Fees 40,000 108,000 108,000 111,780 111,780 Camping Fees 15,000 40,500 40,500 41,115 41,115 Vendor Fees 2,000 5,400 5,400 5,590 5,590 Stall Bedding 2,000 10,800 10,800 11,180 11,180 RV Storage GROSS REVENUE $69,000 $191,700 $191,700 $197,615 $197,615 OCPR - % OF GROSS REVENUE 20% 25% 30% 30% 30% OCPR REVENUE AMOUNT $13,800 $47,925 $57,510 $59,285 $59,285 ITEM #11 4-H FAIR ASSOCIATION AMENDMENTS 3 AND 4 SPRINGFIELD OAKS ACTIVITY CENTER The attached are proposed amendments to the Professional Services Contract between the Oakland County Parks and Recreation Commission and the Oakland County 4H Fair Association. These proposed amendments have been prepared by Oakland County Corporation Counsel. The two amendments are as follows: • Amendment #3: Construction of Building "E" at Springfield Oaks • Amendment #4: Electrical Upgrade for the Ellis and Oaks Barns at Springfield Oaks Staff is requesting approval of these two amendments. Representatives from Oakland County 4H Fair Association will be present to answer any questions you may have. AMENDMENT 3 TO 4II FAIR ASSOCIATION CONTRACT This "Amendment 3" to the Professional Services Contract (PSC) entered into on November 5, 2003, between Oakland County Parks andRecreation Commission (Commission) and the Oakland County 4H Fair Association (Contractor); a non-profit organization, amends Section 4. SCOPE OF CONTRACTOR'S SERVICES to require the Contractor to perform the additional services and requirements as listed below in conformance with the PSC and the requirements of this "Amendment 3". Nothing in this Amendment 3" shall modify any other provisions or change any of the requirements of the PSC dated as above unless specifically mentioned herein. SECTION 4. SCOPE OF CONTRACTOR SERVICES 4.15. CONSTRUCTION OF BUILDING "E" AT SPSRINGFIELD OAKS COUNTY PARK 4.15.1 At the sole expense of Contractor, and with no expense to the County or Commission, Contractor agrees to construct and install the building shell and the concrete floor (except in the area designated for future bathrooms) for building "B" as described in the Springfield Oaks Master Plan. A description of building "E" is attached hereto as Exhibit "A." 4.15.2 Contractor agrees to work with and comply with the requirements set forth by the Oakland County Parks and Recreation Design and Development staff (Staff), including the type and quality of the materials used in constructing Building "E." 4.15.3 Contractor agrees to provide all labor and materials, and to obtain and pay for all construction permits as required by law. 4.15.4 Contractor will be responsible for management of the work -site, which includes responsibility for safety on the site, and control and coordination of persons involved in the construction process. Contractor agrees to provide the County/Commission with any additional insurance not required in the PSC, that County deems necessary to cover the type of activities contemplated by this "Amendment 3". 4.15..5 Contractor will be responsible for clean-up of the site when construction is completed and for returning the site to the condition it was in prior to beginning construction. This means all debris generated by the dismantling and removal process will be cleaned -up and taken from the site. 4.15.6 Contractor agrees to remain inside the area designated by Staff for the construction process. 4.15.7 The building will be completed in accordance with Commission requirements, which will include painting, sealing, and roofing to Commission' specifications. Contractor will have 11-2 input into the specifications prior to their being adopted by the Commission. Contractor will be responsible for storing and protecting the building materials during the construction process. Contractor can store such materials at a location specified by Staff. 4.15.8 From time to time, the Commission will have a representative on site to review the progress and the manner in which Contractor is conducting the work. The Commission representative will not be responsible for site supervision or for supervising the work to be performed by Contractor. However, should the Commission's representative determine that the Contractor is not complying with the terms and conditions of this "Amendment 3" the Commission's representative has the authority to stop all work until the Commission determines that Contractor can resume the work in accordance with this "Amendment I" 4.15.9 Contractor agrees to comply with all applicable state, federal, and local laws pertaining to the construction of Building "E." 4.15.10 Contractor shall begin construction within two (2) weeks of signing this "Amendment 3" and have Building "E" finished by August 1, 2006, and have received at least a temporary Certificate of Occupancy. 4.15.11 Within ninety (90) days of completion of the requirements under this "Amendment 3" the Contractor will, if requested by Commission, provide Commission with an accounting of all expenses necessary to complete the requirements of this "Amendment 3". With the satisfaction of the requirements under this "Amendment 3", this "Amendment 3" shall be terminated. FOR THE CONTRACTOR: DATE: appeared in person before me this day and executed this Contract on behalf of Contractor and acknowledged to me under oath that he has taken all actions and secured any and all necessary approvals and authorizations and has the requisite authority from Contractor to fully and completely obligate and bind Contractor to the terms and conditions of this Contract and any and all other documents incorporated by reference, and also acknowledged to me under oath of having been provided with copies and having read and reviewed all Contract documents including all documents incorporated by reference. Subscribed and sworn to before me on this day of , 2006 11-3 My Commission Expires: Acting in the County of FOR THE COMMISSION: Notary Public, State of Michigan, County. DATE: Pecky Lewis, Jr., Chairperson Oakland County Parks and Recreation Commission FOR THE COUNTY: DATE: Joseph Hylla, Manager Oakland County Purchasing Department DATE: 11-4 AMENDMENT 4 TO 4H FAIR ASSOCIATION CONTRACT This "Amendment 4" to the Professional Services Contract (PSC) entered into on November 5, 2003, between Oakland County Parks and Recreation Commission (Commission) and the Oakland County 4H Fair Association (Contractor),' a non-profit organization, amends Section 4. SCOPE OF CONTRACTOR'S SERVICES to require the Contractor to perform the additional services and requirements as listed below in conformance with the PSC and the requirements of this "Amendment 4". Nothing in this Amendment 4" shall modify any other provisions or change any of the requirements of the PSC dated as above unless specifically mentioned herein. SECTION 4. SCOPE OF CONTRACTOR SERVICES 4.16. PROVISION OF ELECTRICAL UPGRADE FOR TIE ELLIS AND OAKS BARNS AT SPRINGFIELD OAKS COUNTY PARK 4.16.1 Contractor agrees, at no cost to the Commission or County and at the direction of the Commission's Recreation Design and Development staff (Staff), to procure bids for the materials needed to upgrade the electrical service to the Ellis and Oaks Barn at Springfield Oaks County Park (upgrade), pursuant to the design criteria and quality specifications attached as Exhibit "A". 4.16.2 Contractor agrees, at the direction of Staff to arrange for the purchase of the materials from the successful bidder(s) and arrange for the delivery and storage of the materials prior to or during the course of the Upgrade the work with and comply with the requirements set forth by the Oakland County Parks and including the type and quality of the materials used in this upgrade of electrical service. 4.16.3 Contractor agrees to provide all labor for and to complete the Upgrade, and to obtain and pay for all construction permits as required by law. Contractor will only use electricians that are currently licensed by the IBEW. 4.16.4 Contractors agrees to be responsible for and to reimburse the Commission for any cost(s) (whether for material, labor, or other cost whatsoever) associated with the Upgrade that exceed the amount of $28,500.00, the amount budgeted by the Commission for this project in the 2006 Capital Improvement Budget. Contractor will reimburse the Commission for any such costs by or before December 31, 2006. 4.16.5 Contractor will be responsible for management of the work -site, which includes responsibility for safety on the site, and control and coordination of persons involved in the Upgrade process. Contractor agrees to provide the County/Commission with any additional 11-5 insurance not required in the PSC, that County/Commission deems necessary to cover the type of activities contemplated by this "Amendment 4". Contractor agrees to require any sub -contractors or electricians to carry the types of insurance and in the amounts as required by County/Commission. 4.16.6 Contractor will be responsible for clean-up of the site when the Upgrade is completed and for returning the site to the condition it was in prior to beginning the Upgrade. This means all debris generated by the Upgrade process will be cleaned -up and taken from the site. 4.16.7 Contractor agrees to remain inside the area designated by Staff for the Upgrade process. 4.16.8 Contractor will be responsible for storing and protecting the materials to be used during the Upgrade process. Contractor can store such materials at a location specified by Staff. 4.16.9 From time to time, the Commission will have a representative on site to review the progress and the manner in which Contractor is conducting the work. The Commission representative will not be responsible for site supervision or for supervising the work to be performed by Contractor. However, should the Commission's representative determine that the Contractor is not complying with the terms and conditions of this "Amendment 4" the Commission's representative has the authority to stop all work until the Commission determines that Contractor can resume the work in accordance with this "Amendment 4." 4.16.10 Contractor agrees to comply with all applicable state, federal, and local laws pertaining to the electrical Upgrade. 4.16.101 Contractor shall begin the Upgrade within two (2) weeks of signing this "Amendment "4" and have the upgrade finished and working by finished by August 1, 2006. 4.16.12 Within ninety (90) days of completion of the requirements under this "Amendment 4" the Contractor will, if requested by Commission, provide Commission with an accounting of all expenses necessary to complete the requirements of this "Amendment 4". With the satisfaction of the requirements under this "Amendment 4", this "Amendment 4" shall be terminated. FOR THE CONTRACTOR: DATE: appeared in person before me this day and executed this Contract on behalf of Contractor and acknowledged to me under oath that he has taken all actions and secured 11-6 any and all necessary approvals and authorizations and has the requisite authority from Contractor to fully and completely obligate and bind Contractor to the terms and conditions of this Contract and any and all other documents incorporated by reference, and also acknowledged to me under oath of having been provided with copies and having read and reviewed all Contract documents including all documents incorporated by reference. Subscribed and sworn to before me on this day of , 2006 State of Michigan, County. My Commission Expires: Acting in the County of FOR THE COMMISSION: BY: DATE: Pecky Lewis, Jr., Chairperson Oakland County Parks and Recreation Commission FOR THE COUNTY: B Y : DATE: --------------------- Joseph Hylla, Manager Oakland County Purchasing Department DATE: Notary Public, 11-7 ITEM #12 HB 5976 As directed by the Parks Commission at the May 3 meeting, attached is a proposed resolution prepared for your approval in opposition to HB 5976. 12-1 RESOLUTION WHEREAS, the Oakland County Parks and Recreation Commission was established in 1966 to develop and maintain parklands, and to promote recreational opportunities for the residents of Oakland County; and WHEREAS, those opportunities include camping, swimming, boating, fishing, hiking, golfing, and cross-country skiing; and WHEREAS, the voters/residents of Oakland County have consistently, for 40 years, endorsed the Parks Commission's role through the support of a'/ -mill tax; and WHEREAS, fees and charges for programs and facilities assist in the ability of the Parks Commission to offset the operational costs of providing limited revenue -producing facilities, such as pristine natural areas, interpretive centers, and trails; and WHEREAS, passage of HB 5976 could have an adverse effect on the current offerings of the parks system, which contradicts what the residents of Oakland County have requested. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission oppose HB 5976. Moved by Seconded by Date: June 7, 2006 12-2 ITEM #13 Bid Items: A. Boardwalk B — Lumber and Hardware Materials — Independence Oaks B. Electrical Upgrade Materials — Springfield Oaks 4-H Fair Association C. Golf Cars — Glen Oaks Golf Course D. Contract Amendment — Springfield Oaks Golf Course BOARDWALK B — LUMBER & HARDWARE MATERIALS INDEPENDENCE OAKS Oakland County Parks and Recreation has received a Michigan Natural Resources Trust Fund Development Grant to build approximately 1,100-foot boardwalk, with a bridge over the Clinton River, to connect Camp Wilderness (Organizational Youth Campground) to the beach and other park recreational facilities. The boardwalk, along with approximately 5,000 feet of asphalt trail, will also complete a 2.1-mile improved surface trail loop through the park. The 8' wide boardwalk and bridge foundation will be installed and constructed by Parks' Technical Support Department over the next year, which will require the purchase of lumber and hardware. It is estimated that the lumber and hardware for the entire project is approximately $60,000. Since this project is expected to be accomplished over the next year, staff has divided the material purchases into three parts, Boardwalk A, B & C. (Please refer to Figure B). Staff is reviewing bids received on June 1, 2006 for the purchase of lumber and hardware for Boardwalk B and will make a recommendation at the June 7, 2006 Commission Meeting. Boardwalk A materials were previously approved at the January 7, 2006 Commission meeting. The Adopted 2006 Capital Improvement Budget for this project is $365,000, with 60% of this budget to be reimbursed by the MNRTF Grant. 13A-1 13A-2 ELECTRICAL UPGRADE MATERIALS SPRINGFIELD OAKS 4-H FAIRGROUNDS Staff received four bids on May 23, 2006 for the electrical materials required to complete the necessary site electrical improvements. These improvements will supply power to the Ellis and Oaks Barn at Springfield Oaks. The 4-H Fair Association will be completing the installation of this improvement, contingent upon the Parks Commission's approval of the contract amendments. Staff and 4-H are currently reviewing the bids and will make a presentation at the June 7, 2006 meeting. The 2006 Capital Improvement Project budget has a remaining balance of $28,500. 13B-1 GOLF CARS GLEN OAKS GOLF COUSRE Last fall the Parks Commission approved the purchase of 76 golf cars from Club Car for the amount of $193,420. This purchase included the trade in of 76 five-year old golf cars. In the course of trading in these golf cars, the vendor made us aware that six (6) of the golf cars were six years old with batteries that were in poor shape. The vendor has invoiced us an extra $900 to compensate for the six cars that were one year older. Staff recommends Commission approval to pay Club Car this extra $900. 13C-1 CONTRACT AMENDMENT SPRINGFIELD OAKS GOLF COURSE Last year the Parks Commission entered into a contract with golf course architect Paul Albanese to complete construction plans for improvements at Springfield Oaks and Glen Oaks. This spring the construction bids for these improvements were way over budget, so staff was advised to scale down this project at Springfield. The golf course architect has quoted an extra fee of $1,750 to complete the work to revise the existing plans for possible re -bid or negotiation with the low bid contractor. Staff recommends Commission approval to increase the original contract amount with golf course architect Paul Albanese from $25,486 to $27,236. 13D-1 ITEM #14 EXECUTIVE OFFICER'S REPORT ---Samuel Farm: Attached for your information is a copy of a letter from Springfield Oaks General Manager L.C. Scramlin regarding the Samuel property, along with a copy of my letter to the Samuel family informing them of the decision on the grant prioritization for the proposed land acquisitions. ---Adaptive Recreation Update: Attached for your information is an update on the adaptive recreation programs with which we are involved, along with a line up of the upcoming summer programs. ---State Parkland: Also attached is a copy of an editorial published in the May 24 edition of The Oakland Press regarding the state-owned land in Commerce Township. Staff is continuing to work with the DNR, Commerce Township, and local community groups. ---Michigan Natural Resources Trust Fund Board Special Committee: The MNRTF Board is re-evaluating how communities that receive grant monies address the residents with economic needs. Administrator — Parks and Recreation Operations Sue Wells is serving on the state-wide committee and will be bringing back information and recommendations to the Commission. ---Memorial Day Weekend Update: It was a record Memorial Day Weekend for the Parks system. The special Appreciation Day rate of $5, along with the record high temperatures, filled both waterparks to capacity. Red Oaks Waterpark had almost 5,000 visitors, and Waterford Oaks Waterpark had approximately 3,400. Both campgrounds, too, were full for the long holiday weekend. ---Springfield Oaks Activity Center Air Conditioner: The air conditioner unit at the Springfield Oaks Activity Center broke down over the weekend. Details on repairs/replacement will be presented to the Commission as soon as they are available. ---Waterford Oaks Court Games Area Master Plan: Details on the proposed Waterford Oaks Court Games Area master plan will be presented at the July 19 Commission meeting. ---NACPRO Special Recognitions: Enclosed for your information are special Awards of Recognition from the National Association of County Parks and Recreation Officials. Parks staff had submitted award nominations in three different categories; we did not win, but NACPRO recognized their efforts with these recognitions. They are for the Ellis Barn Restoration for Class IV Facility, the Trail Advisory Council for Outstanding Support Organization, and Michael Barks for Outstanding Volunteer. 14-1 ---Legal Opinions: Also enclosed for your information are legal opinions from Oakland County Assistant Corporation Counsel John Ross for the following subjects as requested by the Parks Commission and staff: • Errant golf shots leaving park property • Determination of conflict of interest for Parks Commissioner to sit as a director on the Oakland County 4H Fair Association • Liability for elimination of lifeguards at park beaches and for posting ice conditions on lakes in county parks ---Reminder: • Next meeting is July 19, and it is the FY 2007 budget work session. Lunch will be provided; the budget session will be a working lunch. • Legislative Breakfast is at Glen Oaks Golf Course on Friday, June 16. • Commissioners tour will be on Wednesday, June 21. • National Recreation and Park Association Annual Congress to be held in Seattle, Washington from October 10 — 14, 2006. Please be sure to let Karen now ASAP if you are planning to attend. 14-2 T � fy�i4 v� �' r a . County �t f % Fair a� P.O. Box 365 ®avisburg MI, 48350 May 17, 2006 Oakland County Parks & Recreation Dan Stencil 2800 Watkins Lake Road Waterford, MI 483 Dear Dan: The fairboard wanted me to drop you a note to reconfirm the importance of the Samuel's property to S.O.A.C. I have informed them of the other property at Independence that as you stated is a higher priority than the Samuel's property and the reasons why. We understand all of this, but you can imagine we are not happy about the decision to make the Bushman Project the number one priority and the Samuels Project second. ,We .hope,that both projects can more forward and that any needed actions on either parcel be undertaken with out delay. We also feel very strong that the Samuels family needs to have all the facts told to them directly if it hasn't been done already. Good communication is the only way to keep everyone happy and help assure that the Samuels family will want to sell to the county when the time comes. Again if you know of any way we can help please let us know. Thanks for all your work on this project. Let's hope that both pieces of property can become part of Oakland County Parks very soon. Sincerely, L. . Scramlin General Manager �AR�(S & RLA O COUNTY a j REATION COMM. 2006 14-3 Vice Chairm_ )i DavidV derVeen Hugh D.CraMord Mr. and Mrs. Ronald Samuel 7620 Ormond Road Davisburg, MI 48350 Dear Mr. and Mrs. Samuel: For over 30 years, the Oakland County Parks and Recreation Commission has had a 188- acre, highly sensitive natural area adjacent to Independence Oaks County Park identified as an acquisition target. In 1999, the Parks Commission submitted a grant request for this parcel to the Michigan Natural Resources Trust Fund and was granted $2 million for this acquisition. During the negotiation process, the owner's wife, who was born on the property and held in the family since 1940, notified staff she was not ready — for sentimental reasons — to sell the property. In late April of this year, staff was contacted by the family, who have now expressed their readiness to sell the property. As a result, the Parks Commission has approved the submission of a grant application for this acquisition, in addition to the application submitted earlier this year for the acquisition of your farm. The Michigan Department of Natural Resources Grant Section requires that, if multiple land acquisition grant applications are submitted by one agency, the requests are required to be prioritized. Therefore, we are informing you of our intention to list your property as our second priority. There is still the possibility of having both projects approved, based upon the Trust Fund's project evaluation/scoring. Please contact me at 248.858.4944 if you have any questions on this process. Sincerely, Daniel Stencil, Executive Officer Oakland County Parks and Recreation Commission DJS: kk cc: Joseph P. Figa, Jr., Chief of Design and Development LC Scramlin, General Manager, Springfield Oaks Activity Center Collin Walls, Supervisor, Charter Township of Springfield fission is to provide rn: ! .^-r ; ,, I; �, Fi-�*4d lec-rn r T ~: i Y:�es that enhance quality of life: Adaptive Recreation Update Programs for Individuals with Physical Impairments BlazeSports America Oakland County Parks joins 48 other communities across the United States. This year, we were selected with 6 other communities from over 30 applications to be affiliated with BlazeSports America. We were selected for our positive track record of providing programs for individuals with physical disabilities. The program partners are National Recreation and Park Association, the National Alliance of Youth Sports and the United States Tennis Association and works collaboratively with U. S. Paralympics in the delivery of the programs. The affiliation with BlazeSports will enable us to increase our programs and the number of individuals that we reach within the disabled community — programs that will become BlazeSports: Junior Adaptive Sports Camp - We will be hosting at Oakland University on July 14, 15 and 16 a camp for children ages 7 - 12 with cognitive and/or physical disabilities. The camp will focus on our current sports programs and will be an overnight weekend camp. Parents and children have been requesting this type of program; we are anticipating 100 campers and 75 volunteers. In cooperation with this camp, there will be an adaptive sports Expo that is open to anyone with a disability or individuals who want to learn more about disabled sports. There will be 18 different disabled sports group attending. Wright and Filippis are sponsoring the Camp and Expo for $12,000. Golf Lesson/Leagues This program is for people with physical disabilities or are recovering from a stroke or hip/knee replacement. Therapist and volunteers, along with golf pros, will assist people with disabilities to learn the game or to get back in the game. Lesson is available at Beech Wood Community Center, and golf play is available at Red Oaks County Golf Course. Outing This year will be the loth year for our Warren Orlick Inclusive Golf Outing on July 28, 2006 at White Lake Oaks. This unique tournament pairs abled-bodied golfers with golfers with disabilities. Carl's Golfland, Bloomfield Hills, sponsors our golf program. Over the past 10 years, they have donated $29,000 to our adaptive program. Tennis - We have partnered with Southeastern Michigan Tennis Association to develop an adaptive tennis program based in Southfield. We will be cooperatively running lessons for wheelchair tennis and for tennis for individuals with cognitive impairments. Hershey Track and Field - On June 3, we hosted a regional competition to give children with physical disabilities the opportunity to participate in this national program. Currently, there are opportunities at the state games, but many of our families do not want to travel. We are working with other regionals to develop local games. Punt, Pass and Kick - On September 9, we will be hosting an adaptive punt, pass and kick program. Currently, children with disabilities are excluded from participating. We are working with MRPA to have the State Tournament at a Lions Game in 2007. 14-5 Wheelchair Football - In August, we have a w/c football clinic set up followed by a short season. Currently, no one in the state offers w/c football. Two of our volunteers have agreed to travel to Ohio to receive the training on running w/c footballs. Disabled Sports Team - In May, ten of our athletes traveled to Michigan State University to compete in the Victory Games. The 3-day competition provides an opportunity for children with disabilities to compete against other individuals that have the same disabilities. It is an opportunity for the individuals to excel in their sports, develop team -building skills and assist in raising their self-esteem. The team practices weekly through the school year. We have 5 more children that are interested in joining next year. Junior Wheelchair Basketball - Along with Southfield Parks and Recreation and Michigan Thunderbirds W/C Basketball Team, we sponsor a junior team. This year was our second year, and we finished 2"d in our regional and 4th in the United States. The program has grown enough that we will divide the team into two divisions for the 2006/2007 season. This summer, we are hosting one -day clinics to work on skill development. We will be hosting a regional competition in December. Programs for Individual with Cognitive Impairments Through discussion with caregivers and parents, and because of national trends, we are looking at enhancing our program to provide programs that promote health and fitness. We are offering: walking, tennis, volleyball and softball. We have a summer line of socials in Waterford, Madison Heights, Clawson, Novi and Clarkston. Programs for Seniors Softball - This year we have 18 teams that are on our three divisions. The teams are divided by age/skill level. The following communities are participating: Troy, Oak Park, Birmingham, West Bloomfield, Oxford, Lake Orion, Southfield, Clarkston and Waterford. The season runs from May - August. Senior Day at Independence - One -day special event (August 23) at Independence Oaks with Big Chief Chorus providing the entertainment at the amphitheater, followed by lunch and afternoon activities. 14-6 Summer Line Up For individuals with Cognitive Disabilities Name Date TGIT Thursday, June 22 Thursday, July 20 Thursday, August 17 Summer Picnic Tuesday, July 11 Manresa Bowling Saturday, July 29 Summer Social Thursday, August 3 Wheelchair Daze Saturday, August 5 Tennis - Adult Mondays, June 12-July 24 Location Waterford Oaks - Lookout Lodge Waterford Oaks - Lookout Lodge Waterford Oaks - Lookout Lodge Red Oaks Waterpark Novi Bowl Clawson City Park Independence Oaks Southfield - Beechwood For individuals with Physical Disabilities Warren Orlick Golf W/C Tennis Ages 6 - 18 Hershey Track & Field Regional T Punt, Pass & Kick Regional Disabled Sports Team Clinics and socials Jr. W/C Basketball Clinic W/C Football Handcycle Clinics Friday, July 28 Mondays, June 12-July 24 Saturday, June 2 Saturday, September 9 Dates vary for summer Wednesday, August 12 Fall 2006 Varies White Lake Oaks Southfield - Beechwood Southfield Southfield Waterford Southfield Site to be determined Addison Oaks Programs for all people with Disabilities (Includes: Rehabilitation - strokes, hip and knee replacements) Golf - Lesson Golf - Course Play RiverWalk Walk the Lazy River Junior Adaptive Sports Camp (ages 7 - 18 only) 4-H Fair Mondays, May 8-July 31 Tuesday, June 13-August 29 Monday - Thursday July 17 - 27 9:10 am Aug 1 - 10 7:15 pm Friday July 14 - 16 Thursday, July 27 Southfield - Beechwood Red Oaks - Madison Hgts Red Oaks - Madison Hgts Oakland University, Rochester Springfield Oaks 14-7 RD i KEVIN HAEZEBROECK President & Publisher COMMUNITY `: i v -s 248-745-4501 kevin.haezebroedc�oakpress.com MEMBER GARRY'J. GILBERT Executive Editor NtlL J MUNR(� Editor ROOpYA ESHMAWI 145=4605 garrygilbert@oakpress.wm 745-0620 neil.munro�oakpresscoin 2006.Term x -SUSAN BELNIAK HOOD Managing Editor N J, kH-CUSUMANO 'Senior Editor TO Y 745-4604 susan.hood@oakpress.com 745�4606 Iohn,cirsumanogoakpress.com JOHN L. GRUBBA; . - ROGER WINGELAAR Assistant Mana in Editor SANDRA GROVES! .Human Resources Direo_ for 2005 Term "L Milford e-r 7454618 r6gerMngelaar®oekpress.com 745.4782 sandia..groves@oakpress.Corn A,Journat,RYyl!egiis��terGompany Newspaper 'li 3 - i rn�E e • Jou t� - iEl JORIAL- J 1 on1n erce Tovwnsthip} clad ^ r • i Aced for sh Wd b e p p r "_ - "here shouldn't be allthis hand levels will drop the ball and.the proper wringing, and confusion over the ty will simply be added ;to the sea of..: , fate of undeveloped state-owned subdivisions land in Commerce Township. The fact is that the DNR shouldn't be The Michigan. Department of , trying to maximize its:financial gain;", , . Natural Resources says the land from land,that, while undeveloped, > `,. >, j doesn't fit in its park plans, so the 570 already is publicly;owned and function- .I .'acres are for sale. Oakland. County, or ing as a de facto park: Estimates'have eventhe Huron -Clinton Metro parks, been that marketing the property as ought to grab the property. It's never parkland could drop the price by more that simple, of course. than half. —The DNR has it valued at $14.5 mil- In that event, Oakland Cnnnt�es honon the basis of private, not public, Parks �n ? Rpnr na��nn TIoP�— a is development. Commerce Township interested in developing a parkin its can't afford that, nor can Oakland southwest geographic quadrant County.: If anyone drops the ball here; at will .` The.publicly expressed fear among be the state of Michigan m pricing the ; . area residents is that government at all . 'land for development,. not recreation.. 14-8 -, --- - r- %- 0 F c��y e,,v ,11. s -gar 1 COl-V 10 ee�eat V aria- I -IC) e 203C"SN C a alaa V--e- �,p06 �1 � C�iair of V15 VLel �1o,,�� co? �� oval Also d park As "Poo - Nil 0 ", Michael A.-Pasteris 2006 NACPRO Awards Chair OwimErOm This certificate is awarded to Advisory ry Council Oakland . County parks and Recreation 2006 NACPRO r I' Outstanding Support Organization T#*T A r.PR0 National Association of County Park and Recreation Officials An Affiliate of the National Association of Counties and the National Recreation and Park Association m This certificate is awarded to Michael Barks 0 If "W4* 1Vlichad A. Pasteris 2006 NACPRO Awards Chair Oakland County Parks and Recreation .- 2006 NACPR4 outstanding W�"W Volunteer Award NACPRO National Association Officials County park and Recreation and the National Recreation and park Assooc anon OAKLAND COUNTY CORPORATION COUNSEL To: Pecky Lewis Ralph Richards Cc: Dan Stencil From: John Ross 4 File: 2004-0318 Date: May 9, 2005 Re: Liability for Errant Golf Balls MEMO PRIVILEGED AND CONFIDENTIAL ATTORNEY CLIENT COMMUNICATION ISSUE Parks and Recreation executive staff have requested an opinion from this office on the following question: Please render an opinion relative to the County's liability for errant golf shots leaving the County property resulting in damage to private property or bodily injury of neighbors: i.e., broken, windows, dented siding to vehicles or overall fear of personal safety." As I understand the genesis of this request, there are several parcels of private property at Red Oaks and other Commission golf courses that regularly and consistently receive errant golf shots. It is my understanding that several properties might receive as many as 15-20 errant shots per week. Some parcels might receive most of their errant shots during the weekend when play is more intense. One concern in regards to Red Oaks course is that the redesign of the course may be contributing to these golf shots leaving the golf course. From my review of Michigan Law, it is my opinion that neither the Commission nor the Commission members are liable for injuries to property or person because of errant golf shots. However, property owners might be able to recover against the Commission under the theory of Inverse Condemnation. This is the taking of private property by governmental intrusion without compensation. These conclusions are based upon the following analysis: ANALYSIS Under Michigan law, Governmental Immunity has two major components. The first is immunity for governmental entities, and the second is immunity for the employees, officers, volunteers, etc. of the governmental entities. 14-12 I Pursuant to Michigan Compiled Law 691.1407(1), the entity know as the Oakland County Parks and Recreation Commission is exempt from liability for injury to persons or property if it is engaged in the performance of a governmental function. MCL 691.1407(1) states: "Except as otherwise provided in this act, a governmental agency is immune from tort liability, if the governmental agency is engaged in the exercise or discharge of a governmental function. Except as otherwise provided in this act, this act does not modify or restrict the immunity of the state from tort liability as it existed before July 1, 1965, which immunity is affirmed." Pursuant to MCL 46.358 and MCL 123.51, the County of Oakland, through its Parks and Recreation Commission, can operate parks and promote recreational activities such as golf courses. Arguably, these statutes are sufficient to bring the "governmental function" of operating recreational facilities under the protection of the governmental immunity statute for purposes of protection from tort Liability. Until the recent case of Pohutski v Allen Park, 465 Mich 675 (2002), there was one exception to general tort immunity for governmental entities, and that was the exception for the tort of trespass -nuisance. Pohutski, supra, abolished that last remaining exception. Currently, governmental units are not subject to general tort liability. They do however, remain liable for defects in their buildings and for negligent operation of motor vehicles. While the governmental immunity statute insulates governmental agencies from general tort liability, it does not completely insulate individual Commissioners or Commission staff from tort liability. MCL 691.1407(2) states as follows: Except as otherwise provided in this section, and without regard to the discretionary or ministerial nature of the conduct in question, each officer and employee of a governmental agency, each volunteer acting on behalf of a governmental agency, and each member of a board, council, commission, or statutorily created task force of a governmental agency is immune from tort liability for an injury to a person or damage to property caused by the officer, employee, or member while in the course of employment or service or caused by the volunteer while acting on behalf of a governmental agency if all of the following are met: (a) The officer, employee, member, or volunteer is acting or reasonably believes he or she is acting within the scope of his or her authority. (b) The governmental agency is engaged in the exercise or discharge of a governmental function. (c) The officer's, employee's, member's, or volunteer's conduct does not amount to gross negligence that is the proximate cause of the injury or damage. As used in this subdivision, "gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results. 14-13 In the year 2000, the Michigan Supreme Court decided the case of Robinson v City ofDetroit, 462 Mich 439 (2000). In that case, the Michigan Supreme Court strictly construed the phrase "the proximate cause" as it appears in § (c) of MCL 691.1407. The Court determined that the phrase "the proximate cause" meant that the proximate cause had to be "the one most immediate efficient and direct cause preceding an injury." Supra at 459. This decision significantly changed the law as it applied to governmental employees and governmental officials as you will understand from the short analysis of Robinson below. In Robinson, Detroit Police Officers were engaged in a high-speed chase during which the persons being chased struck innocent bystanders. The innocent bystanders sued the City and the individual police officers. They claimed that the officers used excessive speed in the chase (gross negligence) and therefore their injuries were caused in part by the high-speed chase and in part by being struck by the persons being chased. The Michigan Supreme Court ruled that the high-speed chase was not "the" proximate cause of their injuries. The Court determined that "the" proximate cause of their injuries was being struck by the persons being chased. This was a reversal of Michigan law. The same analysis can be applied to errant golf shots. "The" proximate cause of any injury would be the golf shot and not the fact that the Commission operates a golf course, even one with certain holes at which golf shots frequently go astray. In the situation before the Commission, several golf holes receive an inordinate number of errant shots. This creates a potentially dangerous situation for both persons and property. Unlike Robinson, in which the police were performing their functions in the heat of the moment, the Commission has the time and opportunity to examine the potentially dangerous situation. Depending upon whether or not the Commission determines that there is a likelihood of injury, the Commission can take the steps it deems appropriate. Choosing to ignore a potential dangerous situation might not put the Commission (and the theory of Governmental Immunity) in the best light should some unfortunate accident occur in the future. That said, the Commission and the Commissioners have no current legal responsibility in tort to remedy the errant golf ball situation on Commission golf courses. The liability for such injuries would fall upon the golfer who hit the errant shot. However, if the Commission chooses to review this situation, then it is my understanding that Commission staff is prepared to offer alternative proposals for remedying or lessening any potential harm. INVERSE CONDEMNATION The one legal theory that might allow private property owners to recover compensation from the Commission for errant golf balls is the theory of Inverse Condemnation. This is the taking of private property by governmental intrusion without compensation. 14-14 Inverse condemnation can be either a total taking of a property or, a partial taking that reduces the value or the usefulness of the property. The Parks and Recreation Commission could be liable for the taking of private property if the number of errant golf shots of intrusion reduces the ability of the property owners to enjoy their property, or impacts the economic value of their property. Cases that deal with inverse condemnation are very fact specific. In deciding these cases, the Court will look at elements such as the frequency of the intrusion; the permanency of the intrusion; and, the loss in economic value caused by the intrusion. The following is what various courts has stated about inverse condemnation: 1) It is well settled in Michigan law that a "taking" of private property for public use may occur without absolute conversion of the property in question. It includes as well "[cases] where the value is destroyed by the action of the government, or serious injury is inflicted to the property itself, or exclusion of the owner from its enjoyment, or from any of the appurtenances thereto. In either of these cases it is a taking within the meaning of the provision of the Constitution." Heinrich v City of Detroit, 90 Mich App 692 (1979). 2) In those cases finding a taking, the courts examined both the intensity and form of the accompanying publicity and the deliberateness of specific action directed at a particular plaintiff s property by the city to reduce its value. Heinrich, supra, at 698. 3) As for the plaintiff's burden of proof in inverse condemnation actions, we would agree with the opinion in Muskegon v De Vries, supra, insofar as it holds that the plaintiff has the burden of proving causation. However, a plaintiff may satisfy this burden by proving that the government's actions were a substantial cause of the decline of his property's value. It also appears that the plaintiff must establish the government abused its legitimate powers in affirmative actions directly aimed at the plaintiff's property. Heinrich, supra, at 700. 4) An inverse condemnation suit is one instituted by a private property owner whose property, while not formally taken for public use, has been damaged by a public improvement undertaking or other public activity. Merkur Steel Supply, Inc. v City of Detroit, 2004 Mich App. LEXIS 672 citing In re Acquisition of Land -Virginia Park, 121 Mich App 153 (1982). 5) However, no exact formula exists concerning a de facto taking; instead, the form, intensity and the deliberateness of the governmental actions toward the injured party's property must be examined. Merkur, supra at 672. How a court would rule on the present set of facts is purely speculative. Certainly, the Commission is not without defenses to claims of inverse condemnation. One defense would be that there is no direct action by the Commission aimed at any parcel of property. (See item 3 above). Since it is not the Commission that is hitting the golf balls there is no action on the part of the Commission that results in direct injury to the property. 4 14-15 Another defense would be that there is no deliberate action on the part of the Commission to intrude onto private property. The Commission is not directing that golf balls be hit or aimed at private property. As the Michigan Court of Appeals stated in Virginia Park, supra: "Since no exact formula exists concerning a de facto taking the form, intensity, and deliberateness of the governmental actions toward the injured parties property must be examined". Infrequent intrusion of errant golf balls onto private property would not constitute an inverse condemnation or taking. However, consistent intrusion might. Uncompensated physical intrusions by government onto private property are frowned upon. As the Michigan Supreme Court has said: Hence this court has long held that "the right of exclusion or the right of complete possession and enjoyment is one of the essential elements of property and land." Pearlman v. State of Michigan, et al, 446 Mich 177 (1994). Likewise, in the case of Loretto v Telapromter Manhattan CA TV Corp. et al, 258 U.S. 419 (1982) the United States Supreme Court said: "At the same time we have long considered physical intrusion by government to be a property restriction of an unusually serious character for purposes of the takings clause." Loretto at pg. 426. I conclude this opinion with one final thought: Persistent intrusion of golf balls onto private property, with no remedial action and a deleterious result, could lead to or encourage changes to the statutory language on Governmental Immunity. Currently the statutory language on immunity and the case law interpreting it is favorable to government. This has not always been the case in Michigan and elsewhere. In fact, many States give governmental entities much less protection from tort liability than Michigan does. The Commission might want to consider this aspect when addressing the problem. Responsible action can go a long way to preserving Governmental Immunity in its present form. I trust the foregoing answers your inquiry. J:\CorpCnsl\TempFile\lnumber\2004\2004-0300 thru 2004-0399\2004-0318 Liability For Errant Golf Balls RE -Damage to Private Property - Personal Injury\Final Lewis memo.doc 14-16 COAKL .;OUNTY M I C H I G A N DEPARTMENT OF CORPORATION COUNSEL L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE Judith K. Cunningham, Director (248) 858-0553 John Ross (248) 858-0558 PRIVILEGED AND CONFIDENTIAL ATTORNEY CLIENT COMMUNICATION May 22, 2006 Pecky Lewis, Chairperson Oakland County Parks and Recreation Commission 2800 Watkins Lake Rd Building 97 West Waterford, MI 48328 RE: Conflict of Interest in having a Commission members sit on the 4-H Board of Directors Our File No: 2003-0891 Dear Mr. Lewis: You have asked this office for an opinion on the following question: Is it a conflict of interest for a member of the Oakland County Parks and Recreation Commission to sit as a Director on the Oakland County 4-H Fair Association, a non- profit organization. The controlling statute in this regard is entitled, Standards of Conduct for Public Officers and Employees, MCL 15.341 et seg, and in particular MCL 15.342 (6). This statute states: "Except as provided in Section 2A, a public officer or employee shall not engage in or accept employment or render services for a private or public interest when that employment or service is incompatible or in conflict with the discharge of the officer or employee's official duties or when that employment may tend to impair his or her independence of judgment or action in the performance of official duties." In Section 15.341(c) "Public Officer" is defined as ... "an elected or appointed official of this state or a political subdivision of this state." Members of the Commission, as appointees of a political subdivision, qualify as Public Officials under the standards of conduct statute. While the standards of conduct statute carves out certain exceptions to MCL 15.342(6), none of the exceptions apply to the situation at hand. 14-17 West Wing Extension Bldg. 14 East ! 1200 North Telegraph Road ! Pontiac, Michigan 48341-0419 ! (248) 858-0550 ! Fax (248) 858-1003 Pecky Lewis Chairperson Oakland County Parks and Recreation Commission November 3, 2003 Page 2 In addition, the Non -Profit Corporation Act (MCL 450.2501 et sec)., requires that a director or officer of a non-profit organization, "... shall discharge the duties of that position in good faith and with the degree of diligence, care, and skill which an ordinarily prudent person would exercise under similar circumstances in a like position." While the requirements of a director of a non-profit organization are not as strict as the requirements of a director of a for -profit organization, none -the - less, the statutory dictates stated above create a fiduciary obligation on the part of a director or officer. Given the current relationship between the Oakland County 4-H Fair Association and the Oakland County Parks and Recreation Commission, it would be difficult if not impossible to ask a Commission member sitting as a director of the non-profit to only think of the welfare of the nonprofit and not the Commission. For the foregoing reasons, it is my opinion that having a Commission member sit on the Board of the Oakland County 4-H Fair Association would create an irreconcilable conflict of interest in violation of MCL 15.342(6). JR/dsb Very truly yours, OAKLAND COUNTY CORPORATION COUNSEL Jo oss Senior Assistant Corporation Counsel 14-18 West Wing Extension Bldg. 14 East ! 1200 North Telegraph Road ! Pontiac, Michigan 48341-0419 ! (248) 858-0550 ! Fax (248) 858-1003 OAKLAND COUNTY CORPORATION COUNSEL To: Pecky Lewis, Chairperson Dan Stencil, Exec i Officer From: John Ross Date: May 16, 2006 MEMO PRIVILEGED AND CONFIDENTIAL ATTORNEY CLIENT COMMUNICATION Re: Liability for Elimination of Lifeguards at Park Beaches and for Posting Ice Conditions on Lakes in County Parks ISSUE You have asked this office two questions on potential liability for certain aspects of park operations. The first question concerns the potential liability to the Park and Recreation Commission (Commission) for partially or totally eliminating lifeguards at beach facilities and opting for "Swim at your own Risk" designations or banning swimming completely. In conjunction with your request you have provided several scenarios that vary the circumstances under which you may or may not provide lifeguards. I will address your scenarios after my analysis of the law. Your second question concerns the potential liability of the Commission for posting ice conditions on lakes in the park system. Since the analysis of these questions involves the same legal principles they will be answered together. ANALYSIS Tort liability of a governmental agency is governed by MCL 691.1407: (1) Except as otherwise provided in this act, a governmental agency is immune from tort liability if the governmental agency is engaged in the exercise of discharge of a governmental function. 14-19 An agency is immune from tort liability if it meets the two requirements set forth in the statute. The first requirement is that there must be a governmental agency, and secondly the agency must be discharging a governmental function. The Parks and Recreation Commission (Commission) satisfies the first prong of the test because it is an agency of the County, and was created pursuant to statutory authorization. [MCL 46.351(3)] The Commission satisfies the second prong of the test because the immunity statute and the Michigan Supreme Court defines "governmental function" as follows: "A governmental function is an activity that is expressly or impliedly mandated or authorized by constitution, statute, local charter or ordinance, or other law." Maskery v University of Michigan Board of Regents, 468 Mich. 609, at 613-614. [MCL 691.1401(0] Since the Commission operates parks pursuant to statutory authorization, it is my opinion that the Commission would be immune from liability for incidents that occur as a result of unguarded or unposted lakes. I found no statutory requirements for lifeguards at beaches or for posting of ice conditions that would alter this conclusion. However, once Commission employees such as lifeguards become involved in an activity, the Commission/County might become liable for the action/inaction of the employee if the employee performs the job in a "grossly negligent" manner and the proximate cause of injury was "the one most immediate, efficient, and direct cause preceding an injury." Robinson v City of Detroit, 462 Mich. 439, at 459. (2000) [MCL 691.1407(2)] (Please see my opinion on errant golf balls dated May 9, 2005). Responsibility for employees' liability could be imposed on the Commission by Oakland County Board of Commissioners Resolutions 85339 and 86124. These resolutions require indemnification of County employees for judgments against them in the performance of their duties. The immunity of the Commission itself does not change. Therefore, leaving a lake unguarded imposes no direct liability on the Commission. Likewise, leaving a frozen lake unattended or un-posted imposes no liability on the Commission. Whether there is a sign that says "Lake Open" or "Lake Closed" there is no liability to the Commission if someone drowns in the lake. An argument could be made that a Commission employee has a duty to have an offending person removed from a closed lake. Still, even if the person drowned there was no direct action on the part of the employee that would be the immediate cause of the injury. On the other hand, liability might attach if an employee was grossly negligent in posting an ice warning sign and someone was injured. With these general principals in mind, I will address the specific scenarios that you raised in your request for an opinion on unguarded lakes. The first scenario is: "Could we have guarded beaches at one facility and "Swim at your own risk" or "No swimming" at another day use facility?" 14-20 The answer to this question is yes. The immunity of the Commission for tort liability does not change. Tort liability might follow from the actions/inactions of the lifeguards. Your next scenario is: "Could we have lifeguard beaches at designated times (weekends, holidays, and for day camps by request reservation) and "Swim at your Own Risk" at designated times Monday through Friday as non -guarded times?" The answer to this question again is yes. Again, liability might attach as a result of the actions Your final scenario is as follows: "Please evaluate the option of having lifeguard -certified seasonal park rangers working as general park maintenance and providing general observation of the beach facilities." Your request in this regard is unclear. Do you intend to utilize these personnel to watch over the beaches at all times, or will they just to have the ability to intercede in an emergency and provide lifeguard assistance? If you could clarify how you intend to use these persons I could better address the potential for liability to the Commission. Additionally, while my research disclosed no statutes that require the Commission to post lifeguards at beaches, or assess ice conditions on frozen lakes, I did find other statutory requirements of which the Commission needs to be aware. For instance, Rule 325.2198(5) of the Michigan Administrative code requires that government owned swimming pools must have lifeguards on duty at all times that the pools are open. MCL 333.12542 imposes the following requirements on public beaches generally: The owner or person in charge of a public bathing beach shall provide and maintain suitable and adequate safety and rescue equipment and suitable and adequate means of communication with outside sources of assistance, which shall be available and accessible at the public bathing beach when it is open to bathers. MCL 324.80198b imposes additional requirements for public beaches: (1) The owner or person in charge of a bathing beach maintained primarily for public use shall not knowingly permit a person to bathe or swim from the bathing beach unless buoys outlining a safe bathing or swimming area are established in accordance with section 80159. (2) A person who is bathing or swimming from a bathing beach maintained primarily for public use shall not bathe or swim in waters that are within 100 feet beyond the buoyed bathing or swimming area. This subsection does not apply to persons swimming from the adjacent privately owned beaches that are not open to the general public. 14-21 Even though these statutes impose requirements for the operation of public beaches, violation or non-compliance with these statutes does not, under current case law, impose tort liability on a governmental entity. The fact that an agency is not in compliance with a regulatory statute does not change the fact that the agency is performing a "governmental function" and is immune from tort liability. Richardson v County of Jackson, 432 Mich. 377 (1988). My research also disclosed that pursuant to current case law the theory of "attractive nuisance" does not apply to governmental agencies in the performance of their statutorily authorized or mandated function. Summers v City of Detroit, 206 Mich. App 46 (1994). In fact, pursuant to the case of Pohutski, et al v_ City of Allen Park, et al, 465 Mich 675 at page 689 (2002), the only exceptions to the broad grant of immunity are found in the immunity statute itself. MCL 691.1401 et seq. CONCLUSION Clearly the Commission is immune from tort liability for persons injured in incidents involving lakes, or icy conditions during the winter. The only way liability can attach for such incidents is if employee involvement enters the picture and only if the employee is "grossly negligent" and the gross negligence is the one most direct cause preceding an injury. I trust the foregoing answers your inquiries. 14-22