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HomeMy WebLinkAboutAgendas/Packets - 2009.12.02 - 401642800 Watkins Lake Road • Bldg 97W • Waterford, MI 48328-1917 248.858.0906 • 1.888.00PARKS • www.Destination0akland.com �f�mo'& I CO TY PA November 24, 2009 Oakland County Parks and Recreation Commission Oakland County, Michigan Commissioners: A meeting has been called of the Oakland County Parks and Recreation Commission as follows: PLACE .............................Oakland County Parks and Recreation Commission Administration Building 2800 Watkins Lake Rd Waterford, MI 48328 TIME .............................. Wednesday, December 2, 2009 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, ,,'CDf4�7�� PeckY D. Lewis, Jr. Chairman Richard Skarritt Daniel J. Stencil Vice Chairman Executive Officer J. David VanderVeen Secretary Tim Burns Gerald A. Fisher Next Meeting: Wednesday, Jan 6, 2010 at Oakland County Parks and Recreation Robert Kostin Christine Long Commission Administration Building John P. McCulloch Charles Palmer r -"n Scott .'el J. Stencil Executive Officer D:\$Data\My documents\COMMISSION\a endaltr.doc 0 ur mission is to provide recreational, leisure andlearningexperiences that enhance quality of life. Oakland County Parks any. zcreation Commission Meeting 2800 Watkins Lake Road Waterford, MI 48328 December 2, 2009 Agenda Action Required Presenter/Phone # 1. Call Meeting to Order 9:00 a.m. P. Lewis/248.646.5917 Pledge of Allegiance 2. Roll Call 3. Public Comments 4. Commission Meeting Minutes from November 4, 2009 Approval S. Kici/248.858.4603 5. Internal Service & Department Funds Payment Register ending 9/30/09 (FM 12, FY 09); Oak Management Inc. Credit for Services Rendered Register for July, August, September (FM 10, 11 & 12, FY 09); Payment Register ending 9/30/09 (FM 12, FY 09) Approval S. Cox/248.858.4612 6. Combined Statement of Operations for month ending 9/30/09 (FM 12, FY 09) Approval S. Cox 7. Capital Improvement Program (CIP) Budget Report as of 9/30/09 Approval S. Cox 8. Activity Report for November (FM 2, FY 10) Informational L. Gee/248.343.3165 J. Dunleavy/248.858.4647 9. Staff Introduction-Recreation/Trails Planner Informational J. Noyes/248.858.4624 10. Presentation: 2009 Staff Recognition, Projects and Accomplishments Informational S. Mackey/248.431.1268 11. Presentation: Information Technology Recognition Informational D. Stencil/248.858.4944 12. Fiscal Year 2009 Year End Reports Approval S. Cox 13. Upper Bushman Land Acquisition - Resolution Approval D. Stencil 14. Revision of Ballot Language Resolution Approval S. Mackey 15. Oak Management Lease Clarification Approval D. Stencil 16. Oakland County Sheriff s Office Contract — Resolution Approval P. Castonia 17. Lifeguard Application Fee — Resolution Approval S. Wells/248.858.4634 18.201 ,.. creation Stimulus Program 19.2010 OCPRC Meeting Calendar 20. Staff Updates: A CIp/Major Maintenance ement and Planning B. Natural Resources Manag 21. Executive Officer's Repo 22.Old Business 23. New Business 24. Adjourn inistration Office. t meeting will be January 6, 2010 at the Adm The nex T. Fields .Approval D. Stencil .,pproval M. Donnellonl248.858.4623 Informational J. Noyes D. Stencil Informational OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING November 4, 2009 Chairman Lewis called the meeting to order at 9:13 a.m. in the clubhouse at Red Oaks Golf Course. COMMISSION MEMBERS PRESENT: Chairman Pecky D. Lewis, Jr., Vice Chairman Richard Skarritt, Secretary J. David VanderVeen, Tim Burns, Gerald Fisher, Robert Kostin, Christine Long, John McCulloch, Charles Palmer, John Scott ALSO PRESENT: Parks and Recreation Oakland County Fiscal Services Oakland County Facilities Management Oakland County Corporation Counsel Oakland County Information Technology North Oakland Headwaters Land Conservancy Highland Equestrian Conservancy Headwaters Trails, Inc. PUBLIC COMMENTS: There were no public comments. APPROVAL OF MINUTES: Daniel Stencil, Executive Officer Sue Wells, Manager — Parks & Rec. Operations Jim Dunleavy, Chief -Parks Maint. & Ops. North Larry Gee, Chief -Parks Maint. & Ops. South Mike Donnellon, Chief -Parks Fac., Maint. & Dev. Terry Fields, Chief -Recreation Programs & Services Darlene Rowley, Supervisor, Golf Operations Karen Kohn, Supervisor -Administrative Services Jon Noyes, Supervisor -Planning Phil Castonia, Business Development Representative Melissa Prowse, Business Development Representative Stephanie Mackey, Business Development Representative Mary Zednik, Public Communications Assistant Zach Crane, GIS CAD Tech Sheila Cox, Capital Improvement Coordinator Mike Hughson, Property Management Specialist Jody Hall, Assistant Corporation Counsel Dawn Siegel, Supervisor Katie Anderson, Executive Director Sharon Greene, President Bob Hoffman, Chairman Sue Julian, President Moved by Mr. Palmer, supported by Mr. Burns to approve the minutes of the regular meeting of October 7, 2009, as written. AYES: Burns, Fisher, Lewis, McCulloch, Palmer, Scott, Skarritt, VanderVeen (8) NAYS: (0) Motion carried on a voice vote. ACTIVITY REPORT: The Activity Report for the month of October, 2009 was accepted as filed. QUARTERLY UPDATE — INFORMATION TECHNOLOGY: Phil Castonia, Business Development Representative, and Dawn Siegel, Supervisor II with Information Technology, presented a quarterly update on the Information Technology Roadmap Master Plan. 4-1 (Commission Meeting, November 4, 2009) PROPOSED BALLOT LANGUAGE — 2010 MILLAGE RENEWAL RESOLUTION: Moved by Mr. VanderVeen, supported by Mr. Scott to adopt the following resolution, as amended, in support of the Proposed Ballot Language for the 2010 Millage Renewal for the August 3, 2010 election process, to be forwarded to the Oakland County Board of Commissioners for authorization and approval: WHEREAS, the one -quarter voted millage for the Oakland County Parks and Recreation areas in Oakland County will expire after the year 2011; and WHEREAS, the mission of the Oakland County Parks and Recreation Commission is to "deliver quality parks, recreation, facilities, programs, services and maintenance through a dedicated professional Park Commission and staff that listen to the needs of citizens, create innovative parks, recreation facilities and programs and increase the quality of life for the residents of Oakland County;" and WHEREAS, in a 2008 county -wide survey, citizens were very supportive of steps the Oakland County Parks and Recreation Commission were taking including: fix-up/repair older park buildings/shelters/playgrounds, purchase land to preserve open space and protect the environment, and purchase land to develop walking and biking trails; and WHEREAS, continued millage funding will be necessary in order to meet the goals of the mission and the needs of the citizens; and WHEREAS, Oakland County Corporation Counsel has reviewed and approved the proposed ballot language. NOW THEREFORE BE IT RESOLVED, the Oakland County Parks and Recreation Commission hereby recommends the Oakland County Board of Commissioners approve the following question be placed on the ballot at the August 3, 2010 Primary Election for the continuation of the millage at the current rate of 0.2415 mill for an additional ten (10) years for the purpose of operating, maintaining, improving and acquiring parks and recreation areas and facilities in Oakland County: The Oakland County Parks and Recreation Commission was created in 1966 pursuant to Public Act 261 of 1965. Since 1967, there has been a separately dedicated parks and recreation millage. The current millage will expire on December 31, 2011. Accordingly, shall the current millage of .2415 mills, for the purpose of operating, maintaining, improving and acquiring parks and recreation areas and facilities in Oakland County, Michigan, be renewed for a period of ten (10) years from 2012 to 2021? The .2415 mills is equal to $0.2415 per $1,000.00 of taxable value. The millage, if renewed, will generate approximately <insert $ amount based on 2010 values > in 2012. Revenue from this millage will be disbursed only to the County of Oakland to be used solely for the purpose of funding the Oakland County Parks and Recreation Commission. This renewal is a continuation of the previous increase of the constitutional tax limitation on the total amount of general ad valorem taxes which may be imposed each year for all purposes upon taxable property in Oakland County, Michigan as set forth in Section 6, Article 9 of the Michigan Constitution. 4-2 (Commission Meeting, November 4, 2009) AYES: Burns, Fisher, Kostin, Lewis, Long, McCulloch, Palmer, Scott, Skarritt, VanderVeen (10) NAYS: (0) Motion carried on a voice vote. RESIDENTIAL/PROPERTY LEASE RESOLUTIONS: Moved by Mr. McCulloch, supported by Mr. Kostin to adopt the following two resolutions in support of the lease agreements for five residential leases with Patrick Ogg, Brian Ratledge, Kathy Renaud, Ila Rowland, Adam Vogel and Ryan Ernst; and one property lease to Steven Ernst; to be forwarded to the Oakland County Board of Commissioners for authorization and approval: WHEREAS, the Oakland County Parks and Recreation Commission currently leases the following residential properties within the Oakland County Parks system: • Patrick Ogg, 9489 Sashabaw Road, Clarkston, MI 48348 • Brian Ratledge, 1540 Orchard Street, White Lake, MI 48386 • Kathy Renaud, 30500 Thirteen Mile Road, Farmington Hills, MI 48334 • Ila Rowland, 2866 Watkins Lake Road, Waterford, MI 48328 • Adam Vogel & Ryan Ernst, 1580 Scott Lake Road, Waterford, MI 48328; and WHEREAS, the leases provide a source of revenue, which assists in meeting the Oakland County Parks and Recreation Commission's goal of creating a fiscally sustainable parks system; and WHEREAS, the current leases are for a five year term; and WHEREAS, this effort ties into the Oakland County Parks and Recreation Commission's strategic plan to standardize business practices and enable staff to operate more efficiently; and WHEREAS, these lease agreements have been developed by Oakland County Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission hereby requests the Oakland County Board of Commissioners authorize and approve the lease agreements for its residential properties. BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission hereby requests the Board of Commissioners direct its Chairperson or designee to execute said lease agreements on behalf of the County of Oakland. -and- WHEREAS, the Oakland County Parks and Recreation Commission currently leases properties within the Oakland County Parks system; and WHEREAS, the leases provide a source of revenue, which assists in meeting the Oakland County Parks and Recreation Commission's goal of creating a fiscally sustainable parks system; and WHEREAS, this lease agreement encompasses a barn and a 10' x 50' parcel of land directly north of the barn located at 1580 Scott Lake Road in Waterford Township; and WHEREAS, the barn and land will be leased by Steven Ernst for personal gardening 4-3 (Commission Meeting, November 4, 2009) purposes; and WHEREAS, this lease agreement will be for one five-year term commencing January 1, 2010; and WHEREAS, this effort ties into the Oakland County Parks and Recreation Commission's strategic plan to standardize business practices and enable staff to operate more efficiently; and WHEREAS, this lease agreement has been developed by Oakland County Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission hereby requests the Oakland County Board of Commissioners authorize and approve the lease agreement with Steven Ernst fora barn and 10' x 50' parcel of land directly north of the barn located at 1580 Scott Lake Road in Waterford Township. BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission hereby requests the Board of Commissioners direct its Chairperson or designee to execute said lease agreement on behalf of the County of Oakland. AYES: Burns, Fisher, Kostin, Lewis, Long, McCulloch, Palmer, Scott, Skarritt, VanderVeen (10) NAYS: (0) Motion carried on a voice vote. SPRINGFIELD OAKS UTILITY EASEMENT FOR WATER TOWER RESOLUTION: Moved by Mr. Skarritt, supported by Mrs. Long to adopt the following resolution in support of the utility access to the Springfield Oaks water tower easement requests, as amended, to A T & T Corporation; New Par, a Delaware Partnership d/b/a Verizon Wireless, LLC; and the Detroit Edison Company; to be forwarded to the Oakland County Board of Commissioners for authorization and approval: WHEREAS, the County of Oakland is the owner of Springfield Oaks County Park located in the Township of Springfield; and WHEREAS, three utility companies —AT&T Corporation; New Par, a Delaware Partnership d/b/a Verizon Wireless, LLC; and the Detroit Edison Company —have requested that the County of Oakland grant a 12-ft. wide easement with each company in the same location for the limited purpose of installing and maintaining underground electric utility line facilities and related appurtenances; and WHEREAS, the Oakland County Parks staff and the three utility companies have agreed upon a route for the said underground electric service; and WHEREAS, the easement will help Oakland County Parks and Recreation Commission to meet objective 2.9 of the Strategic Plan to "Establish a Partnership Policy that enhances relationships with schools, cities, villages and townships, private businesses, nonprofit organizations and other governmental agencies;" and WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the granting of the easement. 4-4 (Commission Meeting, November 4, 2009) NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission hereby requests the Oakland County Board of Commissioners authorize and grant the attached easements for underground electric service and related appurtenances at Springfield Oaks County Park to AT&T Corporation; New Par, a Delaware Partnership d/b/a Verizon Wireless, LLC; and the Detroit Edison Company for the sum of one dollar each. BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission hereby requests the Board of Commissioners direct its Chairperson or designee to execute the attached easements for underground electric service and related appurtenances. AYES: Burns, Fisher, Kostin, Lewis, Long, McCulloch, Palmer, Scott, Skarritt, VanderVeen (10) NAYS: (0) Motion carried on a voice vote. OAKLAND COUNTY PARKS BOARDWALK PROGRAM VIDEO PRESENTATION: Staff presented a video documenting the process and importance of the in-house boardwalk construction at Independence Oaks. The video explains the ecological significance of both the construction process and the wetland habitats to which the boardwalks provide access. This video was made possible through a trade of service with Fox Sports Network -Detroit and the Faith Church of Waterford. CLOSED SESSION: Moved by Mr. Fisher, supported by Mr. Skarritt to adjourn to Closed Session for the purpose of discussing proposed land acquisitions. ROLL CALL VOTE: AYES: Burns, Fisher, Kostin, Lewis, Long, McCulloch, Palmer, Scott, Skarritt, VanderVeen (10) NAYS: (0) A sufficient majority having voted, the motion carried. The Chair declared the meeting closed at 10:05 a.m. The meeting resumed in open session at 11:35 a.m. HIGHLAND EQUESTRIAN CONSERVANCY PURCHASE AGREEMENT RESOLUTION: Moved by Mr. Skarritt, supported by Mrs. Long to adopt the following resolution in support of the Purchase Agreement with Highland Equestrian Conservancy for the purchase of approximately four acres of land located in Highland Township, in the amount of $10,000, to be forwarded to the Oakland County Board of Commissioners for authorization and approval: WHEREAS, the Oakland County Parks and Recreation Commission and the Department of Facilities Management, with the assistance of Oakland County Corporation Counsel, and the authorization of the Oakland County Planning and Building Committee, have negotiated the terms and conditions of the attached Purchase Agreement with the Highland Equestrian Conservancy, for the purchase of approximately four acres of land located in Highland Township; and WHEREAS, the Oakland County Parks and Recreation Commission has budgeted 4-5 (Commission Meeting, November 4, 2009) sufficient funds from its land acquisition fund to complete the purchase of said property; and WHEREAS, the Oakland County Parks master plan strategy 1.6.1 states "Through the Green Infrastructure Planning process, identify lands that promote ecological and recreational connectivity;" and WHEREAS, pursuant to the terms and conditions of said Purchase Agreement, the County of Oakland shall pay Highland Equestrian Conservancy the sum of $10,000 via a cash sale for the purchase of said property subject to the County performing its required due diligence investigation of the subject property; and WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Purchase Agreement and recommend its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission hereby recommends the Oakland County Board of Commissioners approves and accepts the terms and conditions of the attached Purchase Agreement between the County of Oakland as purchaser and Highland Equestrian Conservancy, seller for a cash sale purchase. BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission hereby recommends the County of Oakland Board of Commissioners directs its Chairperson or his designee to execute the attached Purchase Agreement and all other related documents between the County of Oakland and Highland Equestrian Conservancy, which may be required to complete the purchase of said property. AYES: Burns, Fisher, Kostin, Lewis, Long, McCulloch, Palmer, Scott, Skarritt, (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 information was noted: --The Waterford Cruisers held their groundbreaking ceremony on Thursday, October29 with more than 1,000 in attendance. Oakland County Parks participated as a partner by providing some of our mobile units and stage. The first baseball game will be held on July 16, 2010. --Staff will be meeting with the Road Commission for Oakland County to discuss opportunities to develop trail crossings on county roads. --Staff is meeting with the Oakland County Sheriff's Office — Marine Division, to discuss storage solutions for their marine equipment at our park sites. --Staff is meeting with Oakland County Facilities, Maintenance and Operations — Engineering group, to discuss project management opportunities. They are currently assisting OCP with the Glen Oaks roof project, which is now 75% complete. OLD BUSINESS: None. 4-6 (Commission Meeting, November 4, 2009) NEW BUSINESS: None. The meeting adjourned to the park tour at 11:42 a.m. The next Commission meeting will be at 9:00 a.m. on Wednesday, December 2, 2009, at Waterford Oaks — Administration Office. J. David VanderVeen, Secretary Suzanne L.., Kici, Recording Secretary 4-7 OAKLAND COUNTY PARKS AND RECREATION COMMISSION PAYMENT APPROVAL SUMMARY FOR MEETING OF: December 2, 2009 *INTERNAL SERVICE FUNDS JOURNAL VOUCHER REGISTER: September (FM12, 2009) 1,408,426.30 *OAK MANAGEMENT INC. CREDIT FOR SERVICES RENDERED REGISTER: July, August & September (FM10,11 &12, 2009) *PAYMENT REGISTER: Voucher Report Period, September (FM12, 2009) TOTAL 3,222.00 1,195,772.26 $2,607,420.56 *BACKUP INFORMATION IS AVAILABLE FOR REVIEW. 5-1 Ln N Oakland County Parks and Recreation Commission Oak Management, Inc. Credit for Services Rendered Register Jul., Aug. & Sep., 2009 Source Park/Budget Center Purpose Amount JE74215 Lyon Oaks Golf Course Nine & Dine Program - June $ 108.00 JE75100 Lyon Oaks Golf Course Nine & Dine Program - July 36.00 JE75874 White Lake Oaks Golf Course Junior Tournament Lunches - 8/7/2009 310.00 JE76536 Lyon Oaks Golf Course Nine & Dine Program - August 135.00 JE76536 Lyon Oaks Golf Course 96/96 Program - August 462.00 JE78122 Lyon Oaks Golf Course Senior Tournament Lunches - 9/15/2009 528.00 JE78388 Lyon Oaks Golf Course Nine & Dine Program - September 90.00 JE78388 Lyon Oaks Golf Course 96/96 Program - September 308.00 JE79070 Addison Oaks Conference Center Bottled Water (well water temporarily shut off) 1,245.00 $ 3,222.00 OAKLAND COUNTY PARKS AND RECREATION COMMISSION COMBINED STATEMENT OF OPERATIONS FM 12 FY 2009 (FOR MONTH ENDING 9130109) 2009 YEAR TO (OVER), % OF REVENUE BUDGET DATE UNDER BUDGET BUDGET ADMINISTRATIVE SERVICES: Millage Tax $15,031,000.00 $15,128,619.91 ($97,619.91) 100.6% Other 309,300.00 650,667.81 (341,367.81) 210.4% GLEN OAKS GOLF COURSE 1,083,600.00 1,039,908.36 43,691.64 96.0% LYON OAKS GOLF COURSE 1,234,500.00 1,185,045.68 49,454.32 96.0% RED OAKS GOLF COURSE 55,960.00 24,195.04 31,764.96 43.2% SPRINGFIELD OAKS GOLF COURSE 854,467.00 769,170.24 85,296,76 90.0% WHITE LAKE OAKS GOLF COURSE 923,250.00 839,794.96 83,455.04 91.0% INDEPENDENCE OAKS NATURE CENTER 42,400.00 28,167.07 14,232.93 66.4% ADDISON OAKS 418,890.00 458,233.97 (39,343.97) 109.4% ADDISON OAKS CONFERENCE CENTER 135,000.00 125,773.56 9,226.44 93.2% GROVELAND OAKS 697,400.00 687,617.66 9,782.34 98.6% HIGHLAND OAKS 1,700.00 1.346.29 353.71 79.2% INDEPENDENCE OAKS 328,100.00 262,389.08 65,710.92 80.0% LYON OAKS 70,000.00 89,013.54 (19,013.54) 127.2% ORION OAKS 106,000.00 122,665.96 (16,665.96) 115.7% ROSE OAKS 1,700.00 1,727.39 (27.39) 101.6% SPRINGFIELD OAKS ACTIVITY CENTER/PARK 17,100.00 27,622.26 (10,522.26) 161.5% WATERFORD OAKS ACTIVITY CENTER/PARK 42,744.00 38,571.66 4,172.34 90.2% RECREATION PROGRAMS & SERVICES 27,400.00 12,560.00 14,840.00 45.8% CATALPA OAKS 6,000.00 6,246.00 (246.00) 104.1% MOBILE RECREATION & SPECIAL EVENTS 349,150.00 288,197.33 60,952.67 82.5% RED OAKS WATERPARK 839,500.00 901,153.96 (61,653.96) 107.3% WATERFORD OAKS BMX COMPLEX 17,500.00 18,722.00 (1,222,00) 107.0% WATERFORD OAKS TOBOGGAN COMPLEX 121,400.00 114,619.01 6,780.99 94.4% WATERFORD OAKS WATERPARK 815,600.00 719,648.09 95,951.91 88.2% TOTAL REVENUE $23,529,661.00 $23,541,676.83 (12,015.83) 100.1% OPERATING EXPENSES ADMINISTRATIVE SERVICES $5,261,583.00 $3,966,648.82 $1,294,934.18 75.4% FISCAL SERVICES ADMINISTRATION 109,851.00 98,195.67 11,655.33 89.4% FISCAL SERVICES PARKS & REC 269,648.00 236,164.99 33,483.01 87.6% GLEN OAKS GOLF COURSE 1,237,389.00 1,148,838.17 88,550.83 92.8% LYON OAKS GOLF COURSE 2,046,029.00 1,808,614.37 237,414.63 88.4% RED OAKS GOLF COURSE 494,678.00 394,980.67 99,697.33 79.8% SPRINGFIELD OAKS GOLF COURSE 991,882.00 757,282.11 234,599.89 76.3% WHITE LAKE OAKS GOLF COURSE 1,032,517.00 910,296.83 122,220.17 88.2% INDEPENDENCE OAKS NATURE CENTER 446,119.00 393,077.92 53,041.08 88.1% ADDISON OAKS 1,601,600.00 1,407,917.20 193,682.80 87.9% ADDISON OAKS CONFERENCE CENTER 289,587.00 183,890.71 105,696.29 63.5% GROVELAND OAKS 1,747,041.00 1,221,451.38 525,589.62 69.9% HIGHLAND OAKS 71,312.00 36,867.75 34,444.25 51.7% INDEPENDENCE OAKS 1,282,466.00 1,169,655.17 112,810.83 91.2% LYON OAKS 407,185.00 311,408.17 95,776.83 76.5% ORION OAKS 166,099.00 146,031.20 20,067.80 87.9% ROSE OAKS 55,164.00 39,870.26 15,293.74 72.3% SPRINGFIELD OAKS ACTIVITY CENTER/PARK 398,922.00 344,798.92 54,123.08 86.4% WATERFORD OAKS ACTIVITY CENTER/PARK 572,728.00 460,001.58 112,726.42 80.3% RECREATION PROGRAMS & SERVICES 685,642.00 579,090.97 106,551.03 84.5% CATALPA OAKS 68,328.00 22,093.07 46,234.93 32.3% MOBILE RECREATION & SPECIAL EVENTS 639,586.00 649,109,54 (9,523.54) 101.5% RED OAKS WATERPARK 1,596,588.00 1,245,961.28 350,626.72 78.0% WATERFORD OAKS BMX COMPLEX 53,538.00 53,629.27 (91.27) 100.2% WATERFORD OAKS TOBOGGAN COMPLEX 368,981,00 338,317.67 30,663.33 91.7% WATERFORD OAKS WATERPARK 1,202,095.00 1,037,019.41 165,075.59 86.3% FACILITIES & MAINTENANCE 1,504,086.00 1,264,974.08 239,111.92 84.1% CONTINGENCY/INTERNAL SERVICE CHARGES* 1,490.00 0.00 1,490.00 N/A $24,602,134.00 $20,226,187.18 4,375,946.82 82.2% REVENUE OVER/(UNDER) EXPENSES ($1,072,473.00) $3,315,489.65 ($4,387,962.65) 2009 2008 2007 2006 ACTUAL REVENUE TO DATE: 100.1% 103.8% 102.4% 102.9% BUDGET BALANCE: -0.1% -3.8% -2.4% -2.9% ACTUAL EXPENSE TO DATE: 82.2% 85.5% 88.4% 93.8% BUDGET BALANCE: 17.8% 14.5% 11.6% 6.2% *CONTINGENCY YTD FIGURE: INTERNAL SERVICE FUNDS PAYMENTS IN TRANSIT. (Page 1 of 3) 6-1 OAKLAND COUNTY PARKS AND RECREATION COMMISSION COMBINED STATEMENT OF OPERATIONS FM 12, FY 2009 (FOR MONTH ENDING 9/30/09) CONTINGENCY: BUDGET AMENDMENTS $98,510 to Springfield Oaks Golf Course -MDEQ Refined Petroleum Fund Reimbursement (OCPRC-Dec./Posted Mar.) $25,000 to Administrative Services -Building Maintenance (OCPRC-Sept./Posted Sept.) $25,000 to Administrative Services -Contracted Services (OCPRC-Sept./Posted Sept.) $440,300 to Administrative Services- IT Development (OCPRC-Sept./Posted Sept.) $201,300 to Administrative Services- IT Tech Operations (OCPRC-Sept./Posted Sept.) $64,000 to Springfield Oaks Golf Course -Grounds Maintenance (OCPRC-Sept./Posted Sept.) $36,000 to Addison Oaks Conference Center- Building Maintenance (OCPRC-Sept./Posted Sept.) $7,400 to Waterford Oaks BMX Complex - Part-time Salaries (OCPRC-Sept./Posted Sept.) $470 to Waterford Oaks BMX Complex - Overtime (OCPRC-Sept./Posted Sept.) $530 to Waterford Oaks BMX Complex - Fringe Benefits (OCPRC-Sept./Posted Sept.) CONTINGENCY: PENDING OTHER: BUDGET AMENDMENTS Salaries & Fringe Benefits Adjustments between budget units because of department reorganization (OCPRC-Oct./Posted Nov.) $43,207 Contibutions Operating Revenue and $141,717 Grounds Maintenance Expense increase for Springfield Oaks Golf Course - MDEQ Refined Petroleum Fund Reimbursement (OCPRC-Dec./Posted Mar.) Phase II Salaries & Fringe Benefits Adjustments between budget units because of department reorganization (OCPRC-Sept./Posted Sept.) OTHER: PENDING (Page 2 of 3) 6-2 OAKLAND COUNTY PARKS AND RECREATION COMMISSION COMBINED STATEMENT OF OPERATIONS REVENUE AND EXPENSE COMPARISON FM 12, FY 2009 (FOR MONTH ENDING 9/30/09) YEAR TO DATE YEAR TO DATE REVENUE OVER PARK REVENUE EXPENSE (UNDER)EXP. ADMINISTRATIVE SERVICES: ADMINISTRATIVE SERVICES (Inc. Tax Revenue) FISCAL SERVICES ADMINISTRATION FISCAL SERVICES PARKS & REC ADMINISTRATIVE SERVICES SUB -TOTAL GOLF: GLEN OAKS GOLF COURSE LYON OAKS GOLF COURSE RED OAKS GOLF COURSE SPRINGFIELD OAKS GOLF COURSE WHITE LAKE OAKS GOLF COURSE GOLF SUB -TOTAL NATURE: INDEPENDENCE OAKS NATURE CENTER NATURE SUB -TOTAL PARKS: ADDISON OAKS ADDISON OAKS CONFERENCE CENTER GROVELAND OAKS HIGHLAND OAKS INDEPENDENCE OAKS LYON OAKS ORION OAKS ROSE OAKS SPRINGFIELD OAKS ACTIVITY CENTER/PARK WATERFORD OAKS ACTIVITY CENTER/PARK PARKS SUB -TOTAL RECREATION: RECREATION PROGRAMS & SERVICES CATALPA OAKS MOBILE RECREATION & SPECIAL EVENTS RED OAKS WATERPARK WATERFORD OAKS BMX COMPLEX WATERFORD OAKS TOBOGGAN COMPLEX WATERFORD OAKS WATERPARK RECREATION SUB -TOTAL FACILITIES & MAINTENANCE: FACILITIES & MAINTENANCE FACILITIES & MAINTENANCE SUB -TOTAL CONTINGENCY/INTERNAL SERVICE CHARGES* TOTAL $15,779,287.72 0.00 0.00 15,779,287.72 1,039,908.36 1,185,045.68 24,195.04 769,170.24 839,794.96 3,858,114.28 28,167.07 28.167.07 458,233.97 125,773.56 687,617.66 1,346.29 262,389.08 89,013.54 122,665.96 1,727.39 27,622.26 38,571.66 1,814,961.37 12,560.00 6,246.00 288,197.33 901,153.96 18,722.00 114,619.01 719,648.09 2,061,146.39 $3,966,648.82 98,195.67 236,164.99 4,301,009.48 1,148,838.17 1,808,614.37 394,980.67 757,282.11 910,296.83 5,020,012.15 393,077.92 393,077.92 1,407,917.20 183,890.71 1,221,451.38 36,867.75 1,169,655.17 311,408.17 146,031.20 39,870.26 344,798.92 460,001.58 5,321,892.34 579,090.97 22,093.07 649,109.54 1,245,961.28 53,629.27 338,317.67 1,037,019.41 3,925,221.21 $11,812,638.90 (98,195.67) (236,164.99) 11,478,278.24 (108,929.81) (623,568.69) (370,785.63) 11,888.13 (70,501.87) (1,161,897.87) (364,910.85) (364,910.85) (949,683.23) (58,117.15) (533,833.72) (35,521.46) (907,266.09) (222,394.63) (23,365.24) (38,142.87) (317,176.66) (421,429,92) (3,506,930.97) (566,530.97) (15,847.07) (360, 912.21) (344,807.32) (34,907.27) (223,698.66) (317,371.32) (1,864,074.82) 0.00 1,264,974.08 (1,264,974.08) 0.00 1,264,974.08 (1,264,974.08) 0.00 $23,541,676.83 0.00 $20,226,187.18 *CONTINGENCY YTD FIGURE: INTERNAL SERVICE FUNDS PAYMENTS IN TRANSIT. 0.00 $3,315,489.65 (Page 3 of 3) 6-3 Oakland County Parks and Recreation Commission Capital Improvement Program (C.I.P.) Budget Report FM 12 FY2009 As of 9/30/09 Summary Total for All Parks/Facilities Estimated 2008 2009 Net New Estimated Contract(s) Amount Contract(s) Awd., Pre & Enc. Project Park/Facility Project Cost Adiustment Adjustment Adiustment Proiect Cost Paid Retainer Balance * Balance Future Acquisition & Imp. 8,356,000.00 0.00 (6,750,000.00) (6,750,000.00) 1,606,000.00 0.00 0.00 0.00 1,606,000,00 Stabilization Fund** 0.00 0.00 6,750,000.00 6,750,000.00 6,750,000.00 0.00 0.00 0.00 6,750,000.00 Addison Oaks (A) 2,145,000.00 0.00 (25,000.00) (25,000.00) 2,120,000.00 (18.80) 0.00 0.00 2,119,981.20 Catalpa Oaks 805,000.00 0.00 0.00 0.00 805,000.00 Glen Oaks (12,054.72) 0.00 0.00 792,945.28 0.00 0.00 0.00 0.00 0.00 Groveland Oaks 180,000.00 0.00 (17,361.47) (17,361.47) 162,638.53 0.00 0.00 0.00 (59,781.52) 0.00 0.00 0.00 102,857.01 Highland Oaks 0.00 0.00 437,000.00 437,000.00 437,000.00 Independence Oaks (B) 4,670,000.00 (424,170.34) 0.00 0.00 12,829.66 0.00 0.00 0.00 4,670,000.00 Lyon Oaks 466,000.00 0.00 2,193.21 2,193.21 468,193.21 (30,288.97) 0.00 0.00 (219,647.82) 0.00 0.00 4,639,711.03 Orion Oaks 85,000.00 0.00 1,702.27 1,702.27 86,702.27 (37,267.27) 0.00 0.00 248,545.39 49,435.00 Red Oaks 887.000.00 0.00 119,144.00 119,144.00 1,006,144.00 Rose Oaks (343,860.34) 0.00 0.00 662,283.66 613,256.00 0.00 (6,676.40) (6,676.40) 606,579.60 Springfield Oaks (C) 1,401,000.00 0.00 (935,729.62) (935,729.62) 465,270.38 (216,579.60) 0.00 0.00 (116,508.35) 0.00 390,000.00 Waterford Oaks (D) 3,785,000.00 170,226.00 243,879.94 414,105.94 4,199,105.94 0.00 (3,525,860.52) 0.00 0.00 348,762.03 673,245.42 White Lake Oaks 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Contingency 1,213,764.02 (170,226.00) 180,848.07 10,622.07 1,224,386.09 v 0.00 0.00 0.00 1,224,386,09 _I r Capital Improvement Projects Grand Total $24,607,020.02 $0.00 $0.00 $0.00 $24,607,020.02 ($4,986,038.25) $0.00 $0.00 $19,620,981,77 (A) State Grant $844,800 (B) State Grant $1,900,000 (C) O.C. Fair Board Donations $126,000 (D) State Grants $440,000 Grand Total of (possible) grants and donations included in Estimated Project Cost = $3,310,800 Dollar Column Explanation:( Estimated Proiect Cost is the sum of the current year's Budget columns "Project Cost Estimate" figure, the "Adjusted to Project Cost" figure, "Project and the "Proposed New Projects" figure for the projects still open a (any Balance" funds for projects closed to fixed assets at the end of the prior fiscal year have been added to the contingency), 2008 Adjustment is the net of any adjustments made from/to contingency and individual projects in June - September of the prior fiscal year (the current fiscal year's perpetual budget started with figures as of 5131). 2009 Adjustment is the net of any adjustments made from/to contingency and individual projects during the current fiscal year. Net Adjustment is the sum of "2008 Adjustment" and "2009 Adjustment" figures. - New Estimated Project Cost is the sum of "Estimated Project Cost", "2008 Adjustment" and "2009 Adjustment" (or "Net Adjustment') figures. Amount Paid is the cost of the project expensed as of the report date. This amount includes the "Contracts Retainer" dollars. Contract(s) Retainer is the amount of retainage withheld from a contract payment and may be in an interest bearing account set-up via the O.C. Treasurer's office. The amount is not part of the "Project Balance" -2 calculation because it is already included in the "Amount Paid" figure. Contract(s) Awd., Pre & Enc. Balance is the sum of the Pre -encumbered and Encumbered dollars for the contracts that have been awarded and for outstanding Requisitions and Purchase Orders. w„ Project Balance is the amount of available dollars remaining on a project that have not been paid or encumbered. (` * Pre -Encumbered &Encumbered charges are N/A at this time, figures are based on large contracts. r ** The Stabilization Fund designates/earmarks approximately 25% of the current fiscal year's Operating Budget to ensure a stable cash flow for October, November December. Collections I( ..._. the future fiscal year's obligations/payments for the months of and on the future fiscal year's property tax revenue do not begin until after the property tax is levied in the future month of December. W Item #8 November Activity Report Due to the end of the month being Monday, November 30, copies of the activity report will be distributed at the meeting. 8-1 ACTIVITY REPORT November 2009 (FM2, FY2010) COUNTYPARKS ADDISON OAKS PARK Campers 0 0 N/A 6,292 5,800 -7.8% Day Use (*) 0 0 N/A 2,262 1,729 -23.6% Day Campers 0 0 NIA 0 0 N/A *ADDISON OAKS CONFERENCE CENTER 3,756 3,054 -18.7% 7,423 5,859 -21.1% CATALPA OAKS PARK Day Use 2,110 '� #VALUE! 10,764 #VALUE! #VALUE! GROVELAND OAKS PARK Campers 0 0 N/A 0 0 N/A Day Use 0 0 N/A 0 0 N/A Day Campers 0 0 N/A 0 0 N/A HIGHLAND OAKS PARK Day Use 278 785 182.4% 704 1,650 134.3% INDEPENDENCE OAKS PARK Day Use 5,387 15,347 184.9% 28,071 30,387 8.3% Day Campers 0 0 N/A 0 0 N/A Overnight Youth Group Campers 9 195 2066.7% 9 381 4133.3% a LYON OAKS Day Use 938 913 -2.7% 2,252 2,115 -6.1% Dog Park 5,317 5,180 -2.6% 10,574 9,988 -5.5% ORION OAKS PARK Day Use 1,350 672 -50.2% 5,256 3,665 -30.3% Dog Park 5,571 8,480 52.2% 7,941 13,185 66.0% RED OAKS PARK Dog Park 0 0 N/A 0 0 N/A ROSE OAKS PARK Day Use 471 1,198 154.2% 942 2,192 132.6% SPRINGFIELD OAKS ACTIVITY CENTER Day Use 150 145 -3.3% 850 1,070 25.9% 4-H Fair 0 0 N/A 0 0 N/A *Banquet Facilities 1,351 817 -39.5% 7,342 4,168 -43.2% WATERFORD OAKS Activity Center - non banquet 481 90 -81.3% 1,121 665 -40.7% *Banquet Facilities - Activity Center 210 524 149.5% 620 1,182 90.6% Day Use 838 621 -25.9% 1,946 1,038 -46.7% TOTAL CAMPERS 0 0 N/A 6,292 5,800 -7.8% TOTAL DAY USE 11,522 19,681 70.8% 53,047 #VALUER #VALUE! TOTAL DAY CAMPERS 0 0 N/A 0 0 NIA TOTAL OVERNIGHT YOUTH GROUP CAMPERS 9 195 2066.7% 9 381 4133.3% TOTAL DOG PARK 10,888 13,660 25.5% 18,515 23,173 25.2% TOTAL 4-H FAIR 0 0 NIA 0 0 NIA TOTAL ACTIVITY CENTER -NON BANQUET 481 90 -81.3% 1,121 665 -40.7% *Not included in program totals -only in combined totals. In-house events are counted in facility totals. 1 of 4 12/2/2009 ACTIVITY REPORT OAKLAND November 2009 (FM2, FY2010) COUNTY PARKS GLEN OAKS Rounds Played - 9 Holes 474 1,099 131.9% 1,673 2,479 48.2% Rounds Played - 18 Holes 231 401 73.6% 860 887 3.1% Rounds Played - 18 Hole Equivalent 468 951 103.1 % 1,697 2,127 25.3% *Banquet Facilities 5,786 3,984 -31.1% 8,662 7,150 -17.5% **Grill Room (**Not included in totals) 106 129 21.7% 675 526 -22.1 % LYON OAKS Rounds Played - 9 Holes 122 195 59.8% 279 283 1.4% Rounds Played - 18 Holes 288 1,026 256.3% 1,799 1,768 1.7% Rounds Played - 18 Hole Equivalent 349 1,124 221.9% 1,939 1,910 -1.5% Driving range 82 176 114.6% 826 633 23.4% *Banquet Facilities 1,967 2,164 10.0% 3,978 3,670 -7.7% **Grill Room (**Not included in totals) 117 850 626.5% 2,583 3,247 25.7% RED OAKS Rounds Played - 9 Holes (Closed 09 Season) 411 0 -100.0% 1,523 0 -100.0% SPRINGFIELD OAKS Rounds Played - 9 Holes 241 637 164.3% 747 1,044 39.8% Rounds Played- 18 Holes 330 692 109.7% 1,680 1,715 2.1% Rounds Played - 18 Hole Equivalent 451 1,011 124.3% 2,054 2,237 8.9% **Grill Room (**Not included in totals) 145 145 0.0% 1,029 670 -34.9% WHITE LAKE OAKS Rounds Played - 9 Holes 318 1,066 235.2% 1,397 2,171 55.4% Rounds Played - 18 Holes 240 506 110.8% 774 995 28.6% Rounds Played - 18 Hole Equivalent 399 1,039 160.4% 1,473 2,081 41.3% *Banquet Facilities 1,454 1,310 -9.9% 2,969 2,910 -2.0% **Grill Room (**Not included in totals) 225 0 -100.0% 1,005 373 -62.9% TOTAL ROUNDS PLAYED - 9 HOLES 1,566 2,997 91.4% 5,619 5,977 6.4% TOTAL ROUNDS PLAYED - 18 HOLES 1,089 ' 2,625 141.0% 5,113 5,365 4.9% TOTAL ROUNDS PLAYED - 18 HOLE EQUIV. 11872 4,124 120.3% 7,923 8,354 5.4% TOTAL DRIVING RANGE 82 176 114.6% 826 633 -23.4% *Not included in program totals -only in combined totals. In-house events are counted in facility totals. 2 of 4 12/2/2009 ACTIVITY REPORT OZAKLAND November 2009 (FM2, FY2010) COUNTY PARKS MOBILE RECREATION Bleachers 0 0 N/A 3 8 166.7% Inflatables 300 0 -100.0% 3,205 2,400 -25.1 % Bus 720 810 12.5% 2,070 1,845 -10.9% Climbing Wall/Tower 0 0 N/A 1,100 900 -18.2% Dunk Tank 0 0 N/A 0 0 N/A Inline Skate Mobile/Hockey Mobile 0 0 N/A 0 0 N/A Puppet 0 0 N/A 340 850 150.0% Show Mobile 4 4 0.0% 14 18 28.6% Adventure Sport Mobile 200 0 -100.0% 360 160 -55.6% Tents 0 0 N/A 11 0 -100.0% Camps 0 0 N/A 0 0 N/A Miscellaneous 0 0 N/A 0 1 N/A WATERFORD OAKS BMX 0 0 N/A 0 0 N/A WATERFORD OAKS COURT GAMES COMPLEX 204 -100.0% 408 304 -25.5% WATERFORD OAKS FRIDGE 0 0 N/A 0 0 N/A WATERFORD OAKS LOOKOUT LODGE 210 320 52.4% 675 495 -26.7% WATERFORD OAKS WATERPARK 0 0 N/A 0 0 N/A RED OAKS WATERPARK 0 0 N/A 0 0 N/A THERAPEUTIC EVENTS 391 99 -74.7% 1,100 597 -45.7% SENIOR EVENTS 0 0 N/A 0 0 N/A TOTAL MOBILE RECREATION VISITS 1,224 814 -33.5% 7,103 6,182 -13.0% TOTAL FACILITIES AND SPECIAL EVENTS 805 419 -48.0% 2,183 1,396 -36.1% *Not included in program totals -only in combined totals. In-house events are counted in facility totals. 3 of 4 12/2/2009 ACTIVITY REPORT November 2009 (FM2, FY2010) ENVIRONMENTAL PROGRAM - INDEPENDENCE OAKS Nature Center Outreach Visits **Trail Usage (**Not included in totals) ENVIRONMENTAL PROGRAM - LYON OAKS Nature Center Outreach Visits **Trail Usage (**Not included in totals) TOTAL NATURE CENTERS TOTAL OUTREACH VISITS COMBINED TOTALS ' DAY USE PARKS GOLF COURSES RECREATION, FACILITIES AND SPECIAL EVENTS NATURE INTERPRETIVE SERVICES BANQUET FACILITIES GRAND TOTALS * Awaiting November Numbers for Catalpa 1,104 1,399 26.7% 2,875 2,749 -4.4% 273 491 79.9% 1,623 562 -65.4% 7,379 11,018 49.3% 16,406 19,603 19.5% 246 167 -32.1 % 609 527 -13.5% 0 0 N/A 172 0 -100.0% 1,147 1,104 -3.7% 2,371 2,228 -6.0% 1,350 1,566 16.0% 3,484: 3,276 .6.0% 273 491 79.9% 1,795 562 -68.7% 22,900 33,626 46.8% 78,984 #VALUE! #VALUE! 2,737 5,798 111.8%, 11,558 11,975 3.6% 2,029 1,233 -39.2% 9,286 7,578 -18.4% 1,623 2,057 26.7% 5,279 3,838 -27.3% 14,524 11,853 -18.4% 30,994 24,939 -19.5% 43,813 54,567 24.5% 136,101 #VALUEI #VALUEI *Not included in program totals -only in combined totals. In-house events are counted in facility totals. 4 of 4 12/2/2009 Item #9 Staff Introduction Stephanie Marchbanks has filled the Recreation and Trails Planner position. Stephanie will be assisting the Planning and Natural Resources units. 9-1 Item #10 Presentation 2009 Staff Recognition, Projects and Accomplishments Staff will present a report detailing employee recognition which highlights individual accomplishments, organizational awards, and projects completed in FY2009. This presentation was used as the meeting opener for the Annual Business Meeting held on November 5, 2009. 10-1 Item #11 Presentation Executive Officer Stencil will present an award to representatives from Information Technology for their assistance with the new Destination Oakland website. ITEM # 12 FISCAL YEAR 2009 YEAR END FINANCIAL REPORT Attached is the Oakland County Parks and Recreation Commission's Fiscal Year 2009 Year End Financial Report for your review and approval. The report shows the Commission is in sound financial condition. The net worth of the Commission as of September 30, 2009 is $94,235,355. The Operating Revenue budget to actual had an unfavorable variance of $(471,937) (-5.79%) and the Operating Expense budget to actual had a favorable variance of $5,286,308 (+20.76%) resulting in a Net Operating Income budget to actual favorable variance of $4,814,372. The Non -Operating Revenue and Non -Operating Expense budget to actual netted to a favorable variance of $483,965 (+3.15%). The Total Net Income was $5,298,337. The explanation of significant variances is shown on the attached report. The Total Net Assets of $94,235,355 includes Capital Assets, net of accumulated depreciation and related debt, of $68,801,787 and Unrestricted Net Assets of $25,433,568. Included in the Unrestricted Net Assets is the earmarked Stabilization Fund in the amount of $6,750,000, Most of the Unrestricted Net Assets remaining balance of $18,683,568 was already included in the Fiscal Year 2010 Capital Improvement Budget as a funding source. The difference will be incorporated into the Fiscal Year 2011 Capital Improvement Budget. Please contact Sheila Cox, 248-858-4612, if you have any questions. 12-1 Run by: 13231 Operating revenues Antenna Site Management Commission Contracts Commission Food Services Deck Tennis Entrance Fees Gen Admission Entrance Fees Swimming Class Fees Camping Fees Day Use Fees Driving Range Greens Fees Interest on Delinquent Taxes Miscellaneous Reimb Contracts Rent House Rental Equipment Rental Facilities Rental Golf Carts Rental Units or Events Sales Pro Shop Special and Sanctioned Races Special Contracts Water Feature Ride Weekly Races Cash Overages Prior Years Revenue Refund Prior Years Expenditure Sale of Equipment Total operating revenue: Operating expenses Salaries Fringe benefits County of Oakland Parks and Recreation Fund Statement of Revenues, Expenses, and Changes in Net Assets For the Year Ended September 30, 2009 2009 Amended Percent of Budget Revenue Allotment 21,600.00 0.26% 21,600.00 1,450.00 0.02% 1,450.00 687,760.00 8.44% 687,760.00 7,700.00 0.09% 7,700.00 1,570,000.00 19.26% 1,570,000.00 25,000.00 0.31% 25,000.00 805,100.00 9.88% 805,100.00 646,000.00 7.92% 646,000.00 68,000.00 0.83% 68,000.00 2,720,000.00 33.37% 2,720,000.00 (3,000.00) -0.04% (3,000.00) 22,350.00 0.27% 22,350.00 0.00 0.00% 0.00 41,594.00 0.51% 41,594.00 104,350.00 1.28% 104,350.00 133,350.00 1.64% 133,350.00 654,000.00 8.02% 654,000.00 255,750.00 3.14% 255,750.00 134,200.00 1.65% 134,200.00 7,700.00 0.09% 7,700.00 212,300.00 2.60% 212,300.00 27,500.00 0.34% 27,500.00 8,750.00 0.11% 8,750.00 0.00 0.00% 0.00 0.00 0.00% 0.00 0.00 0.00% 0.00 0.00 0.00% 0.00 8,151,454.00 100.00% 8,151,454.00 Year to Date Favorable Percent of (Unfavorable) Actual Revenue Variance 21,600.00 0.28% 0.00 1,260.40 0.02% (189.60) 590,171.73 7.69% (97,588.27) 6,179.23 0.08% (1,520.77) 1,532,880.25 19.96% (37,119.75) 22,727.00 0.30% (2,273.00) 810,531.95 10.55% 5,431.95 619,213.00 8.06% (26,787.00) 71,257.20 0.93% 3,257.20 2,486,669.66 32.38% (233,330.34) (4,021.21) -0.05% (1,021.21) 12,290.04 0.16% (10,059.96) 11,779.46 0.15% 11,779.46 30,675.00 0.40% (10,919.00) 109,281.98 1.42% 4,931.98 111,633.50 1.45% (21,716.50) 686,192.00 8.94% 32,192.00 236,352.63 3.08% (19,397.37) 130,045.16 1.69% (4,154.84) 3,425.00 0.04% (4,275.00) 144,163.30 1.88% (68,136.70) 23,251.00 0.30% (4,249.00) 5,162.00 0.07% (3,588.00) 80.98 0.00% 80.98 2,051.08 0.03% 2,051.08 8,619.65 0.11% 8,619.65 6,045.27 0.08% 6,045.27 7,679,517.26 100.00% (471,936.74) 8,542,074.00 104.79% 8,542,074.00 7,757,645.05 101.02% 784,428.95 2,608,529.00 32.00% 2,608,529.00 2,473,902.31 32.21% 134,626.69 Contractual services Adj Prior Years Exp 0.00 0.00% 0.00 31,541.25 0.41% (31,541.25) Adj Prior Years Revenue 0.00 0.00% 0.00 955.37 0.01% (955.37) Appraisal Fees 1,000.00 0.01% 1,000.00 1,000.00 0.01% 0.00 Bank Charges 6,340.00 0.08% 6,340.00 5,186.78 0.07% 1,153.22 Building Maintenance Charges 1,066,466.00 13.08% 1,086,466.00 622,887.86 8.11% 443,578.14 Cash Shortage 0.00 0.00% 0.00 888.22 0.01% (888.22) Charge Card Fee 66,340.00 0.81% 66,340.00 54,734.64 0.71% 11,805.36 Contingency 1,490.00 0.02% 1,490.00 0.00 0.00% 1,490.00 Contracted Services 248,400.00 3.05% 248,400.00 183,517.92 2.39% 64,882.08 Custodial Services 34,360.00 0.42% 34,360.00 30,240.00 0.39% 4,120.00 Design Fees 15,000.00 0.18% 15,000.00 0.00 0.00% 15,000.00 Electrical Service 820,500.00 10.07% 820,500.00 558,181.41 7.27% 262,318.59 Equipment Maintenance 498,290.00 6.11% 498,290.00 432,920.09 5.64% 65,369.91 Equipment Rental 25,100.00 0.31% 25,100.00 11,304.31 0.15% 13,795.69 Fees - Per Diems 4,200.00 0.05% 4,200.00 2,108.25 0.03% 2,091.75 Garbage and Rubbish Disposal 40,150.00 0.49% 40,150.00 33,031.14 0.43% 7,118.86 Grounds Maintenance 1,816,142.00 22.28% 1,816,142.00 1,210,003.87 15.76% 606,138.13 Indirect Costs 552,600.00 6.78% 552,600.00 466,212.00 6.07% 86,388.00 Insurance 1,000.00 0.01% 1,000.00 628.00 0.01% 372.00 Laundry and Cleaning 16,885.00 0.21% 16,885.00 12,882.33 0.17% 4,002.67 Logos Trademarks Intellect Prp 0.00 0.00% 0.00 3,793.74 0.05% (3,793.74) Mail Handling -Postage Svc 250.00 0.00% 250.00 1,485.78 0.02% (1,235.78) Membership Dues 16,960.00 0.21% 16,960.00 10,702.70 0.14% 6,257.30 Miscellaneous 95,385.00 1.17% 95,385.00 58,115.00 0.76% 37,270.00 Natural Gas 466,109.00 5.72% 466,109.00 319,025.57 4.15% 147,083.43 Paying Agents Fee Contractual 300.00 0.00% 300.00 170.15 0.00% 129.85 Periodicals Books Publ Sub 6,315.00 0.08% 6,315.00 2,292.22 0.03% 4,022.78 Personal Mileage 19,775.00 0.24% 19,775.00 10,677.44 0.14% 9,097.56 Public Information 189,000.00 2.32% 189,000.00 92,301.58 1.20% 96,698.42 Refund Prior Years Revenue 0.00 0.00% 0.00 122.00 0.00% (122.00) Rental Property Maintenance 7,500.00 0.09% 7,500.00 5,090.36 0.07% 2,409.64 Security Expense 723,900.00 8.88% 723,900.00 648,625.54 8.45% 75,274.46 Software Support Maintenance 22,130.00 0.27% 22,130.00 47,475.99 0.62% (25,345.99) 12-2 Run by: 13231 Training Transfer to Reserve Travel and Conference Travel Employee Taxable Meals Twp and City Treas Bonds Water and Sewage Charges Total contractual services Commodities Expendable Equipment FA Proprietary Equipment Exp Housekeeping and Janitor Exp Maintenance Supplies Merchandise Office Supplies Postage -Standard Mailing Recreation Supplies Small Tools Special Event Supplies Uniforms Total commodities Depreciation Depreciation Park Improvements Depreciation Buildings Depreciation Computer Equip Depreciation Equipment Depreciation Vehicles Total depreciation Internal services Convenience Copier Drain Equipment Info Tech Development Info Tech Operations Insurance Fund Mail Room Maintenance Department Charges Motor Pool Fuel Charges Motor Pool Print Shop Radio Communications Telephone Communications Total internal services Total operating expense Operating income (loss) Nonoperating revenues (expenses) Property Taxes Special Assessments Federal Grants State Grants Income from investments Interest expense Contributions Paying agent fees Issuance of debt Capital Contributions Gain on Exchange of Assets Capital Improvement Program Total nonoperating revenues (expenses) Income (loss) before transfer Transfers in Transfers out Change in net assets ai net assets - beginning Total net assets - ending County of Oakland Parks and Recreation Fund Statement of Revenues, Expenses, and Changes in Net Assets For the Year Ended September 30, 2009 2009 Amended Percent of Budget Revenue Allotment 29,840.00 0.37% 29,840.00 550,000.00 6.75% 550,000.00 80,830.00 0.99% 80,830.00 0.00 0.00% 0.00 3,000.00 0.04% 3,000.00 184,482.00 2.26% 184,482.00 7,610,039.00 93.36% 7,610,039.00 177,430.00 2.18% 177,430.00 360,374.00 4.42% 360,374.00 62,750.00 0.77% 62,750.00 5,200.00 0.06% 5,200.00 106,500.00 1.31% 106,500.00 102,080.00 1.25% 102,080.00 300.00 0.00% 300.00 136,300.00 1.67% 136,300.00 133,955.00 1.64% 133,955.00 160,450.00 1.97% 160,450.00 68,738.00 0.84% 68,738.00 1,314,077.00 16.12% 1,314,077.00 2,306,200.00 28.29% 2,306,200.00 712,800.00 8.74% 712,800.00 0.00 0.00% 0.00 402,500.00 4.94% 402,500.00 95,500.00 1.17% 95,500.00 3,517,000.00 43.15% 3,517,000.00 4,000.00 0.05% 4,000.00 13,350.00 0.16% 13,350.00 445,300.00 5.46% 445,300.00 384,980.00 4.72% 384,980.00 242,200.00 2.97% 242,200.00 18,900.00 0.23% 18,900.00 31,357.00 0.38% 31,357.00 0.00 0.00% 0.00 515,200.00 6.32% 515,200.00 46,900.00 0.58% 46,900.00 10,600.00 0.13% 10,600.00 163,568.00 2.01% 163,568.00 1,876,355.00 23.02% 1,876,355.00 25,468,074.00 312.44% 25,468,074.00 (17,316,620.00) -212.44% (17,316,620.00) 15,031,000.00 184.40% 15,031,000.00 0.00 0.00% 0.00 0.00 0.00% 0.00 0.00 0.00% 0.00 300,000.00 3.68% 300,000.00 (33,700.00) -0.41% (33,700.00) 43,707.00 0.54% 43,707.00 0.00 0.00% 0.00 0.00 0.00% 0.00 0.00 0.00% 0.00 3,500.00 0.04% 3,500.00 (1,534,153.00) -18.82% (1,534,153.00) 13,810,354.00 169.42% 13,810,354.00 (3,506,266.00) -43.01% (3,506,266.00) 0.00 0.00% 0.00 (10,734.00) -0.13% (10,734.00) (3,517,000.00) -43.15% (3,517,000.00) Year to Date Favorable Percent of (Unfavorable) Actual Revenue Variance 21,878.17 0.28% 7,961.83 0.00 0.00% 550,000.00 36,289.35 0.47% 44,540.65 223.68 0.00% (223.68) 2,584.58 0.03% 415.42 152,158.65 1.98% 32,323.35 5,071,235.94 66.04% 2,538,803.06 68,538.13 0.89% 108,891.87 0.00 0.00% 360,374.00 57,317.41 0.75% 5,432.59 2,606.51 0.03% 2,593.49 92,683.64 1.21% 13,816.36 77,564.71 1.01% 24,515.29 10,091.60 0.13% (9,791.60) 114,917.80 1.50% 21,382.20 58,294.30 0.76% 75,660.70 111,792.69 1.46% 48,657.31 50,086.59 0.65% 18,651.41 643,893.38 8.38% 670,183.62 1,847,275.85 24.05% 458,924.15 636,888.46 8.29% 75,911.54 2,281.00 0.03% (2,281.00) 326,396.62 4.25% 76,103.48 62,662.21 0.82% 32,837.79 2,875,504.04 37.44% 641,495.96 5,117.98 0.07% (1,117.98) 7,927.43 0.10% 5,422.57 255,491.60 3.33% 189,808.40 282,422.65 3.68% 102,557.35 200,892.81 2.62% 41,307.19 15,616.38 0.20% 3,283.62 26,827.90 0.35% 4,529.10 78,516.04 1.02% (78,516.04) 293,203.54 3.82% 221,996.46 43,617.61 0.57% 3,282.39 330.80 0.00% 10,269.20 149,620.22 1.95% 13,947.78 1,359,584.96 17.70% 516,770.04 20,181,765.68 262.80% 5,286,308.32 (12,502,248.42) -162.80% 4,814,371.58 15,128,619.91 197.00% 97,619.91 0.00 0.00% 0.00 0.00 0.00% 0.00 0.00 0.00% 0.00 648,213.66 8.44% 348,213.66 (33,687.50) -0.44% (12.50) 52,751.87 0.69% 9,044.87 0.00 0.00% 0.00 0.00 0.00% 0.00 0.00 0.00% 0.00 32,574.13 0.42% 29,074.13 0.00 0.00% 1,534,153.00 15,828,472.07 206.11% 2,018,118.07 3,326,223.85 43.31% 6,832,489.65 0.00 0.00% 0.00 (10,734.00) -0.14% 0.00 3,315,489.65 43.17% 6,832,489.65 90,919,865.26 94,235,354.91 12-3 OAKLAND COUNTY PARKS & RECREATION COMMISSION (50800) OPERATING REVENUE OPERATING EXPENSE NET OPERATING INCOME (LOSS) NON -OPERATING REVENUE (EXPENSE) COUNTY OF OAKLAND FY 2009 YEAR END REPORT ENTERPRISE FUND PARKS & RECREATION ADOPTED AMENDED FY 2009 VARIANCE BUDGET BUDGET ACTUAL FAV/(UNFAV) PERCENT $ 8,151,454.00 $ 8,151,454.00 $ 7,679,517.26 $ (471,936.74) $ 25,435,601.00 $ 25,468,074.00 $ 20,181,765.68 $ 5,286,308.32 $ (17,284,147.00) $ (17,316,620.00) $ (12,502,248.42) $ 4,814,371.58 $ 15,301,300.00 $ 15,344,507.00 $ 15,828,472.07 $ 483,965.07 EXPLANATION OF SIGNIFICANT VARIANCES -5.79% Unfavorable revenue from Greens Fees ($233,330), Food Service Commission ($97,588), Special Contracts/Events ($68,137), Waterpark Entrance Fees ($37,120), Day Use Fees ($26,787), Rental Facilities ($21,716), and Mobile Rental Units or Events ($19,397) are partially offset by favorable Golf Carts Rental of $32,192. 20.76% Favorable Personnel $919,056; Transfer to Reserve $550,000; Building Maintenance $443,578; Contracted Services $64,882; Electrical Service $262,319; Equipment Maintenance $65,370; Grounds Maintenance $606,138; Indirect Costs $86,388; Natural Gas $147,083; Public Information $96,698; Security Expense $75,274; Travel $44,541; Water and Sewage Charges $32,323; Equipment Purchases $469,266; Small Tools $75,661; Special Events $48,657; Depreciation $641,496; and various Internal Services $516,770. 27.80% 3.15% Favorable revenue for Property Taxes $97,620 and Income from Investments $348,214 are due to conservative revenue budget practices, Gain on Exchange of Assets $29,074; Contributions $9,045; and Interest Expense $12. TOTAL INCOME BEFORE TRANSFERS $ (1,982,847.00) $ (1,972,113.00) $ 3,326,223.65 $ 5,298,336.65 268.66% TRANSFERS IN $ - $ - $ - $ - 0.00% TRANSFERS OUT $ - $ (10,734.00) $ (10,734.00) $ 0.00% For OC Facilities Engineering Services CAPITAL IMPROVEMENT PROGRAM $ (1,534,153.00) $ (1,534,153.00) $ - $ 1,534,153.00 100.00% Funds available for FY2009 (IT Master Plan) and FY2010 Capital Program. TOTAL NET INCOME (LOSS)- $ (3,517,000.00) $ (3,517,000.00) $ 3,315,489.65 $ 6,832,489.65 TOTAL NET ASSETS - BEGINNING $ 90,919,865.26 TOTAL NET ASSETS - ENDING $94,235,354.91 "Please note: In the Adopted/Amended Budget this is the "Planned Use of Balance" Revenue line item and is equal to the non -cash depreciation included in the operating expense. It will provide cash funds for the FY2010 Capital Program. 11 /23/2009 ITEM # 13 Project Summary: Upper Bushman Lake Land Acquisition Oakland County Parks and Recreation Commission December 2, 2009 Summary of Property ■ 186 acres ■ Northeast of Independence Oaks ■ 3 residential structures ■ 31-acre lake completely within boundary ■ MNFI Priority 1 Natural Area ■ Zoned R-1 R Rural Residential (3 ac. minimum building sites) ■ 42 buildable acres Intended uses by OCPR ■ Natural area preservation - County Green Infrastructure plan - designated priority area for conservation - 700 acres of contiguous wetland habitat - Hardwood conifer swamp (1 of 30 occurrences in the state) ■ Trail Connectivity -with Independence Oaks and beyond ■ Outdoor Adventure Programs - Heritage Sports opportunities ■ Passive recreation - hiking, skiing, boating, fishing, etc. Partners The following is a list of partners assisting OCPRC in acquiring the Upper Bushman property; including their organizational goals and actions they have agreed to take to bring the acquisition to fruition. PARTNER may• • 79 i tW -• GOAL To preserve the wetland habitat and water quality of the Clinton River headwaters. Conserve, restore and manage wetlands and associated habitats both for waterfowl and for the benefit of all wildlife and people. ACTION Acquire conservation easements on 7 parcels of land surrounding the connection between Independence Oaks and the Upper Bushman property. Help secure a private donor to help acquire the Upper Bushman property. Donate 3-acre Isley property to OCPRC for watershed access/stewardship. 13-Y PARTNER GOAL ACTION MEMMEM Previous cost breakdown: To support recreational, educational and welfare programs, and to preserve natural areas, open space and historic buildings in areas having special natural beauty or significance. Provide recreational access to transmission corridors. Sell property to OCPRC for continued conservation and stewardship as recreational land. Currently reviewing a grant application from Duck's Unlimited to donate $105,000 towards the acquisition of the Upper Bushman property. Will consider providing an easement access for trail connectivity. Sell at $2.836 million, donation of an additional '/2 acre parcel and equipment. $2,975,000 Asking Price on November 4, 2009 -1,740,000 OCPR 58% of 3.0 million (discussed purchase amount) - 945,000 DNR 42% of $2.25 million (state certified fmv) $ 290,000 GAP Additional Resources to close gap: $ 105,000 Pending funding from Carls Foundation - application submitted by Ducks Unlimited on November 13, 2009. Funding decision by January 31, 2010. 16,000 Cash contribution from North Oakland Headwaters Land Conservancy 18,000 Income from Mr. Arnold's 6-month Lease 12,000 Income from two existing rental properties 139,000 Mr. Arnold; reduction in purchase price $ 290,000 New purchase price: $2,836,000 OCPR contribution: $1,740,000 617o Contributions from other sources: $1,096,000 397o 13-2 PR09-017 RESOLUTION UPPER BUSHMAN PURCHASE AGREEMENT WHEREAS, upon recommendation of the Oakland County Parks and Recreation Commission, the Oakland County Board of Commissioners accepted the first grant from the Michigan Department of Natural Resources (DNR) for the acquisition of property in Independence Township for the expansion of Independence Oaks County Park through the adoption of Miscellaneous Resolution #08009; and WHEREAS, pursuant to the authorization of the Oakland County Planning and Building Committee, the Oakland County Parks and Recreation Commission and the Department of Facilities Management, with the assistance of Oakland County Corporation Counsel, have negotiated the terms and conditions of the attached Purchase Agreement with Craig Arnold and Maria Barrett Arnold for the purchase of approximately 186 acres of land located in Independence Township; and WHEREAS, the Oakland County Parks and Recreation Commission has budgeted sufficient funds from its land acquisition fund to complete the purchase of said property; and WHEREAS, the Oakland County Parks master plan strategy 1.1 states "Implement a strategic land acquisition and land management transfer strategy that recognizes the value of parkland in urban areas, while also acquiring land in others areas of the county to complement other local government efforts;" and WHEREAS, pursuant to the terms and conditions of said Purchase Agreement and in accordance with Michigan Natural Resources Trust Fund Agreement No. TF06-199, the County of Oakland shall pay Craig Arnold and Maria Barrett Arnold the sum of $2,836,000.00 via a cash sale for the purchase of said property, subject to the County performing its required due diligence investigation of the subject property; and WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Purchase Agreement and recommend its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission hereby recommends the Oakland County Board of Commissioners approves and accepts the terms and conditions of the attached Purchase Agreement between the County of Oakland as purchaser and Craig Arnold and Maria Barrett Arnold, seller for a cash sale purchase. BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission hereby recommends the County of Oakland Board of Commissioners directs its Chairperson or his designee to execute the attached Purchase Agreement and all other related documents between the County of Oakland and Craig Arnold and Maria Barrett Arnold, which may be required to complete the purchase of said property. Moved by _ Supported by Date: 13-3 PURCHASE AGREEMENT Project Number: TF06-199 THIS PURCHASE AGREEMENT (hereinafter "Agreement") made and entered into this day of , by and between Craig Arnold and Maria Barrett Arnold, husband and wife, 10275 Sashabaw Road, Clarkston, MI 48348 (hereinafter "Seller") and the COUNTY OF OAKLAND, a Michigan Municipal and Constitutional Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341 (hereinafter "Purchaser"), for the purchase of all right(s), title and interest inclusive of all mineral rights and mineral royalty interest in the real property located in the Township of Independence, County of Oakland, State of Michigan (hereinafter the "Premises") and not the four residential dwellings and other structures located on the Premises. The Parties agree to the following terms and conditions. This Agreement includes and fully incorporates the following Exhibits: Exhibit A: Legal Description of the Premises Exhibit B: Description of the residential dwellings, structures and other personal property to be gifted to the Purchaser by the Seller Exhibit C: Legal Description of the land to be gifted to the Purchaser by Craig Arnold PURCHASE PRICE/CONSIDERATION. 1.1 Subject to the adjustments and prorations provided for in this Agreement, the purchase price of the Premises shall be Two Million and Eight Hundred and Thirty - Six Thousand Dollars and no/cents ($2,836,000.00) payable as follows: 1.2 Earnest Money Deposit. Upon execution of this Agreement by both Parties, Purchaser will tender to the Seller One Hundred Thousand Dollars ($100,000.00) which the Seller acknowledges as an earnest money deposit ("deposit") and as good and sufficient consideration for accepting this Agreement. Said deposit shall be held by Philip R. Seaver Title Insurance Company, 42651 Woodward Ave., Bloomfield Hills, Michigan 48304, (the "Title Company") in an interest bearing account. The deposit and the interest accrued shall be applied toward the purchase price at the time of closing or be disbursed to the Seller or the Purchaser in accordance with the terms of this Agreement. 1.3 Payment of Balance of Purchase Price. This is a cash sale. At the time of closing, after applying the deposit plus any accrued interest to the purchase price, the balance of the purchase price minus any costs adjusted at closing will be tendered to the Seller by the Purchaser or wired by the Purchaser to the Seller's bank- (or to title company), at the Seller's option. Arnold Purchase Agreement Draft 112309 13-4 1.4 The Seller, under a separate agreement shall be responsible for and pay any broker or finder fee in connection with this transaction. 1.5 The Oakland County Board of Commissioners shall have sixty (60) days from the date of Seller's acceptance of this Agreement, to accept this Agreement on behalf of the Purchaser. If the Oakland County Board of Commissioners does not accept this Agreement, then it shall be null and void and the deposit and interest shall be returned to the Purchaser. 1.6 The Seller hereby acknowledges that funds from the Michigan Natural Resources Trust Fund (MNRTF) will provide partial funding for the purchase of the Premises. The Parties shall follow all rules and regulations associated with the MNRTF. 2. TITLE CONVEYED. 2.1 Form of Conveyance. At Closing, the Seller shall grant and convey legal title to the Premises to the Purchaser pursuant to a warranty deed inclusive of all mineral rights and mineral royalty interest and excluding the four residential dwellings and other structures located on the Premises, subject only to: (1) the lien of taxes on the Premises not yet due and payable; and (2) the easements and covenants, conditions and restrictions of record as shown on the title commitment accepted by the Purchaser. 2.2 Upon and after execution of this Agreement, the Seller shall not lease, assign, or grant a security interest or other lien that would encumber the Premises after closing. The Seller warrants that any assignment, security interest or other lien that would encumber the Premises after closing shall be satisfied out of the consideration transferred at the time of closing. 3. TITLE INSURANCE. 3.1 The Purchaser, at its expense, will procure a commitment for an ALTA owner's form of title insurance policy, a copy of which will be delivered to the Seller. 3.2 The title insurance policy will be marked up as of closing and be effective and certified through the date of recording of the title documents, in an amount not less than the purchase price, certified to a date later than the acceptance hereof, and guaranteeing fee simple absolute title in an insurable and marketable condition. 3.3 The Seller agrees to execute a standard form Owner's Affidavit at closing to assist in the Purchaser's efforts to obtain coverage without standard exceptions. In addition to the representations and warranties contained in said Owner's Affidavit, the Seller agrees to execute an affidavit indicating the following: (1) the Seller is not on notice, 2 Arnold Purchase Agreement Draft 112309 13-5 whether actual or anticipated notice, of any pending claims against the Seller that would affect the sale of the Premises. (2) there are no court orders prohibiting the sale of the Premises. 4. TITLE OBJECTIONS. 4.1. The Purchaser shall have twenty (20) days after receipt of the title insurance policy to object to the condition of the title, based upon the written opinion of the Purchaser's attorney that the title is not marketable. Upon written notice to the Seller that, in the opinion of the Purchaser's attorney, the title is defective, the Seller shall have thirty (30) days from the date the Seller is notified of the particular defect(s) claimed, to do either of the following: (1) remedy the defects or (2) obtain at the seller's cost and expense a substitute commitment for title insurance, insuring in a manner satisfactory to the Purchaser, the Purchaser's title against the claimed defects. If the Seller fails to remedy the defects or obtain a substitute commitment for title insurance within said period, the Purchaser may do any of the following at its sole option: (1) waive the claimed title defects and close subj ect to same, (2) defer the closing until such time as the claimed defect(s) can be remedied, if such defects can be remedied in a reasonable time, or (3) terminate this Agreement. 5. DUE DILIGENCE INVESTIGATIONS. 5.1 The Purchaser will have ninety (90) days after approval and acceptance of this offer by the Oakland County Board of Commissioners (hereinafter "Board"), to conduct the due diligence property investigations as set forth in this Section. 5.2 Survey. The Purchaser shall, at its expense, obtain an ALTA/ACSM boundary survey of the Premises. The Purchaser shall have fifteen (15) days from the receipt of the survey to determine if the survey matches the Premises as described in Exhibit A. If in the written opinion of the Purchaser's attorney, the survey does not match the Premises as described in Exhibit A, then upon written notice, the Seller shall have thirty (30) days from the date the Seller is notified of the particular defect(s), to remedy the defects. If the Seller fails to or cannot remedy the defects, the Purchaser may do any of the following, at its sole option: (1) waive the defects and close subject to same, (2) defer the closing until such time as the defect(s) can be remedied, or (3) terminate this Agreement. 5.3 Phase I Environmental Assessment. 5.3.1 The Purchaser shall at its expense obtain a Phase I Environmental Assessment ("Phase I") performed consistent with applicable ASTM standards. If the Phase 1 discloses no environmental concerns, then the Parties will proceed to closing pursuant to Section 6. 3 Arnold Purchase Agreement Draft 112309 13-6 5.3.2 If the Phase 1 reveals any contamination that would cause the Premises to be a Facility under Part 201 of the Michigan Natural Resources Environmental Protection Act (MCL 324.20101et. seq.) (hereinafter Part 201), then the Purchaser may do any of the following, at its sole option: (1) terminate this Agreement and receive back its deposit and any accrued interest or (2) commission a Phase II Environmental Assessment ("Phase II"). The Purchaser shall notify the Seller within fifteen (15) days after receipt of the Phase I if it elects to terminate this Agreement for environmental reasons or perform a Phase II. 5.3.3 If the Phase II discloses that the Premises are a Facility the Purchaser, at its option, may elect to perform a Baseline Environmental Assessment (BEA). The Purchaser shall have an additional one hundred and eighty (180) days from the time it elects to perform a BEA to submit the BEA together with a Due Care Plan to the Michigan Department of Environmental Quality (hereinafter MDEQ) for a liability determination pursuant to Sections 20126 and 20129a of the Natural Resources and Environmental Protection Act. 5.3.4 If the Purchaser receives an exemption of liability from the MDEQ and MDEQ accepts the Purchaser's proposed use of the Premises, then the Parties will proceed to closing in accordance with Section 6. 5.3.5 If the Purchaser does not receive an exemption of liability from the MDEQ, or if MDEQ requires response activities to be performed, then the Purchaser may do any of the following, at its sole option: (1) terminate this Agreement and receive back its deposit and any accrued interest or (2) proceed to closing pursuant to Section 6. 5.4 The Purchaser may perform any other investigations that the Purchaser, in its sole discretion, shall deem appropriate. 5.5 Nothing in this Agreement will prohibit the Parties from modifying or extending the date for closing if such changes are necessary based upon environmental issues revealed by the due diligence investigations contained in this Section. Such modification or extension must be agreed to in a written addendum to this Agreement signed by both Parties. 5.6 If after the completion of the due diligence property investigations or while such investigations are on -going, the Purchaser, in its sole discretion, gives written notice to the Seller that it is not satisfied with the condition of the Premises, as evidenced by the due diligence investigations, then the Purchaser shall be entitled to the return of its deposit and any accrued interest thereon and may terminate this Agreement. 4 Arnold Purchase Agreement Draft 112309 13-7 5.7 Due Diligence Contingency. This Agreement is contingent upon the due diligence investigations and requirements set forth in this Section. 6. CLOSING, AND CLOSING DOCUMENTS. 6.1 If this offer is accepted by the Seller and the Oakland County Board of Commissioners, pursuant to Section 1.5, and if the Seller can convey title and comply with all of contingencies set forth in this Agreement, then the Purchaser agrees to complete the sale on or before March 31, 2010. 6.2 The closing shall be held at the offices of a Title Company of the Purchaser's choosing or any other mutually convenient location agreed upon by the Parties. The Purchaser or the Title Company, will prepare the necessary documents for signatures, if the Purchaser so elects. 6.3 The Purchaser, at least five (5) days prior to closing, shall submit to the Seller all closing documents required by the Purchaser. 6.4 The Seller will sign and deliver, at closing, a statutory form Warranty Deed conveying fee simple absolute title to the Premises inclusive of all minerals rights and royalties and excluding the residential dwellings and other structures located on the Premises in the condition required by this Agreement. At closing, the Seller will sign and deliver a Non -Foreign Persons Affidavit. At least five (5) days prior to closing, the Seller shall submit these documents to the Purchaser for review and approval. 6.5 At closing, the Seller shall sign and deliver a document gifting and transferring all interest and title to the four residential dwellings, structures and other personal property located on the Premises which are specifically described in Exhibit B. At closing and as a gift to the Purchaser, the Seller, specifically Craig Arnold, shall sign and deliver a statutory form Warranty Deed conveying fee simple absolute title to another parcel of land specifically described in Exhibit C. At least five (5) days prior to closing, the Seller shall submit these documents to the Purchaser for review and approval. 6.6 The Seller will pay any costs or fees required to remove or satisfy outstanding mortgages or other liens on the Premises. 6.7 The Purchaser will pay for the recording of the Warranty Deed, any notary fees, and the property transfer tax (revenue stamps). 5 Arnold Purchase Agreement Draft 112309 13-8 6.8 At the closing, the Seller will sign an Affidavit of No Liens on the Title Company's standard form, sufficient to permit the Title Company to delete the standard Schedule B exceptions. 6.9 At the closing, the Seller will sign a Certificate of Accuracy, regarding the Representations made by the Seller in Section 12. 6.10 The Seller and the Purchaser will sign and/or prepare any other documents necessary to complete the sale and transfer of the Premises. 6.11 The Seller will provide to the Purchaser an accounting of all rents and fees, if any, that pertain to the Premises and were paid to the Seller for periods that extend beyond the date of closing. Those rents that are for periods that extend beyond the date of closing shall be prorated back to the date of the closing and the Seller shall tender to the Purchaser a cashiers check in the amount of those prorated rents, as well as for any other adjustments or charges as reflected by the closing statement. 6.12 Current property taxes shall be prorated on the due date basis of the taxing authority, on the basis of a three -hundred sixty-five (365) day year; the Seller being responsible for taxes up to and including the date of closing. 7. POSSESSION. The Purchaser shall have possession of the Premises on the date the closing is complete. Subsequent to the closing, the Seller may occupy a residential dwelling of the Premises commonly known as 10275 Sashabaw Road, Clarkston, Michigan 48348 for six (6) months from the date the closing is complete. The occupancy by Seller shall be governed by the terms and conditions contained in a separate Lease executed by the Parties at closing. RIGHT OF ENTRY AND ACCESS. While this Agreement is in effect, the Purchaser and its employees and agents shall have the right to enter and access the Premises at reasonable times, with reasonable notice to the Seller, for the purpose of surveying, testing, environmental impact studies, site planning, and other such work as the Purchaser deems necessary or desirable to determine the Premises' suitability for the conduct of the Purchaser's business. However, in the event that this sale does not take place, then the Purchaser, at its own expense, shall restore the Premises to substantially the same condition that existed on the date this Agreement was executed, to the extent such restoration is necessary due to the Purchaser's actions. 9. DEFAULT OF SELLER. In the event the Seller shall default in the performance of its obligations herein, the Purchaser, in addition to other remedies provided by law, may in its sole discretion, elect to proceed under either Section 9.1 or 9.2, but not both 6 Arnold Purchase Agreement Draft 112309 13-9 9.1 The Purchaser may specifically enforce this Agreement and require specific performance of this Agreement by judicial decree; or 9.2 The Purchaser may demand a refund of the entire deposit plus accrued interest and terminate this Agreement. 10. DEFAULT OF PURCHASER. In the event the Purchaser shall materially default in the performance of its obligations herein, the Seller may, in its sole discretion, elect to proceed under either Section 10.1 or 10.2, but not both 10.1 The Seller may specifically enforce this Agreement and require specific performance of this Agreement by judicial decree; or 10.2 The Seller may declare that the Purchaser has forfeited all rights hereunder and retain the deposit and interest as liquidated damages. The retention of the deposit and interest by the Seller shall cancel this Agreement and be in full and final satisfaction of any and all claims that the Seller may bring against the Purchaser. 11. RISK OF LOSS. No risk of loss shall pass to the Purchaser prior to closing. Except as otherwise provided in this Agreement, the Purchaser acknowledges the following: (1) the Seller has made no representations or warranties with respect to the Premises; (2) the inspection rights set forth in this Agreement are sufficient to enable the Purchaser to inspect the Premises to determine if they are satisfactory to the Purchaser. 12. WARRANTIES BY THE SELLER. The Seller warrants to the Purchaser and shall certify to the Purchaser upon the execution of this Agreement the following: 12.1 The Seller has full authority to enter into and perform this Agreement, without breaching or defaulting on any obligation or commitment that the Seller has to any third parties and shall, upon request, provide the Purchaser with any necessary resolutions, waivers and consents or other documents that verify the Seller has the requisite authority. 12.2 The Seller is the fee simple owner of the Premises and will discharge any liens prior to closing. 12.3 To the Seller's knowledge, the legal description set forth in Exhibit A is an accurate description of the Premises and does not include any adjacent or contiguous land owned by the Seller or any third party. 7 Arnold Purchase Agreement Draft 112309 13-10 12.4 To the Seller's knowledge, there are no leases, rights of first refusal, contracts, or other agreements of any kind with respect to the Premises, which would impair the Purchaser's right to receive fee title absolute. 12.5 To the Seller's knowledge, there are no lawsuits, actions, or proceedings pending or threatened by any party, including governmental authorities or agencies, against or involving the Premises which would affect the Seller's ability to convey the Premises. 12.6 The Seller has no notice or knowledge of any of the following: 12.6.1 any planned or commenced public improvements that might result in special assessments or otherwise directly and materially affect the Premises; 12.6.2 any government agency or court order requiring corrections of any existing conditions; 12.6.3 any request by an insurer or a mortgagee of the Premises requiring correction of any existing conditions. 12.7 The Seller has not used the Premises for the purpose of disposing, refining, generating, manufacturing, producing, storing, handling, treating, transferring, processing or transporting Hazardous Materials. 12.8 As used in this Agreement, the term "Hazardous Materials" shall mean any hazardous or toxic substances, wastes or materials, or flammable explosives, including, without limitation, those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Hazardous Materials Transportation Act, as amended, the Resource Conservation and Recovery Act, Parts 20, 211 and 213 of the Natural Resources Environmental Protection Act, and all rules, regulations and policies promulgated thereto (collectively, the "Environmental Laws"). 13. WARRANTIES BY THE PURCHASER. The Purchaser warrants the following to the Seller: 13.1 The Purchaser is a Michigan Municipal and Constitutional Corporation. 13.2 The Purchaser has full authority and funding to enter into and perform this Agreement and shall, upon request, provide the Seller with the pertinent resolution. 14. SURVIVAL OF THE WARRANTIES. The warranties of the Parties contained in this Agreement shall survive for two (2) years after closing. 8 Arnold Purchase Agreement Draft 112309 13-11 15. LIABILITY. The Seller shall be liable for and defend any and all alleged losses, claims, suits, causes of action, litigation, or other demands for damages of any kind, pertaining to the Premises prior to closing, except those losses, claims, suits, causes of action, litigation, or other demands for damages, arising solely out of the acts of the Purchaser or the Purchaser's agent(s) while performing any surveys or due diligence inspections of the Premises prior to the closing. The Seller shall be responsible for paying any and all judgments, damages awarded, costs and expenses (including attorney fees and court costs) and any other liabilities that result from any such alleged losses, claims, suits, causes of action, litigation, or other demands for damages of any kind pertaining to the Premises prior to the closing, except as noted above in this Section. 16. CONDEMNATION/EMINENT DOMAIN. In the event that all or any portion of the Premises shall be taken by the exercise of eminent domain or condemnation proceedings prior to closing, the Purchaser may, at its option, terminate this Agreement by giving written notice to the Seller. If the Purchaser elects to terminate this Agreement as a result of a condemnation proceeding or exercise of eminent domain, then the deposit paid by the Purchaser and any accrued interest shall be returned to the Purchaser. In the event of such a termination, this Agreement shall be null and void and the parties shall have no further rights or obligations under this Agreement. If the Purchaser does not elect to terminate this Agreement in the event of the exercise of eminent domain or condemnation, the Purchaser shall accept title to the Premises without any reduction of the purchase price and the Seller shall assign to the Purchaser at closing all of Seller's right, title, and interest in and to any resulting condemnation award. 17. NOTICE. Any notice, request, demand, consent, approval or other communication given hereunder shall be in writing and shall be sent by registered or certified mail, return receipt requested, addressed to the other Party at its address as set forth below: Seller: Craig Arnold 700 Tower Drive, Suite 220 Troy, Michigan 48098 248-620-1500 Purchaser: Michael Hughson County of Oakland Department of Facilities Management 1 Public Works Dr. Waterford, Michigan 48328 248-858-5380 Any Party may change its address for notice by providing notice as required by this Section. Any notice by either Party shall be sufficient if signed on behalf of said Party by any elected or appointed official thereof. 9 Arnold Purchase Agreement Draft 112309 13-12 18. TIME OF THE ESSENCE. Time is of the essence for this Agreement. 19. COMPLIANCE WITH LAWS. The Parties shall comply with all federal, state, and local laws, statutes, ordinances, and regulations, applicable to their activities under this Agreement. 20. NO IMPLIED WAIVER. Absent a written waiver, no act, failure to act, or delay to act by a Party to pursue or enforce any right or remedy under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 21. SEVERABILITY. If a court of competent jurisdiction finds a term, condition, or provision of this Agreement to be illegal or invalid, then the term, condition, or provision shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force and effect. 22. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning and shall not be interpreted to limit or modify any substantive provisions of this Agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 23. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, rescissions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. 24. GOVERNING LAWS/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any claim arising under or related to this Agreement shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Divisic., as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. The choice of forum set forth above shall not be deemed to preclude the enforcement of any judgment obtained in such forum or taking action under this Agreement to enforce such judgment in any appropriate jurisdiction. 10 Arnold Purchase Agreement Draft 112309 13-13 25. ENTIRE AGREEMENT. This document represents the entire agreement and understanding between the Parties. This Agreement supersedes all other prior oral or written understandings, communications, agreements or contracts between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning and not construed strictly for or against any Party. IN WITNES S WHEREOF, the parties have executed this Agreement as of the dates indicated below. WITNESSED BY: Michael D. Hughson Date: PURCHASER: County of Oakland a Michigan Municipal And Constitutional Corporation By: Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners 11 Arnold Purchase Agreement Draft 112309 13-14 Seller's Acceptance WITNESSED BY: SELLER(S): Craig Arnold Maria Barrett Arnold The foregoing instrument was acknowledged before me in Oakland County, Michigan on this day of by Craig Arnold and Maria Barrett Arnold, husband and wife. , Notary -Public Oakland County, Michigan acting in Oakland County, Michigan. My Commission expires: 12 Arnold Purchase Agreement Draft 112309 13-15 Exhibit A Legal Descriptions of Upper Bushman Lake Parcels Part of North 1/2 of Section 3, Town 4 North, Range 9 East, Township of Independence, Oakland County, Michigan, Being more particularly described as: Beginning at the Northeast corner of said Section 3; thence S 02°34'58" E, 1,602.15 feet along the East line of said Section 3 (Sashabaw Road, 33' half -width); thence N 32°35'18 W, 323.88 feet; thence N 46°19'58" W, 735.04 feet; thence S 18018'15" W, 221.34 feet; thence S 46°19'58" E, 616.12 feet; thence S32°35'18" E, 646.12 feet to a point on the East line of Section 3; thence S 02°34'58" E, 504.47 feet along said East line (Sashabaw Road); thence S 87°25'02" W, 33.00 feet to appoint on the West right of way line of Sashabaw Road; thence the following two courses along said Westerly right of way line: (1) Along a non -tangent curve to the right, 475.95 feet, said curve having a radius of 377.27 feet, a central angle of 72°16'58", and a long chord bearing S 33°33'31" W, 445.01 feet, and (2) S 69°42'00" W, 368.80 feet; thence S 20018'00" E, 33.00 feet to a point on the North line of "Supervisor's Plat No. 11" as recorded in Liber 115, Page 38 and 39, Oakland County Records; thence the following three courses along said North line of "Supervisor's Plat No. 11"; (1) S 69°42'00" W, 692.95 feet along the centerline of Sashabaw Road as Platted in " Supervisor's Plat No. 1 I". and (2) continuing along said centerline along a tangent curve to the left, 422.28 feet, said curve having a radius of 948.88 feet, a central angle of 25'30' 15" and a long chord bearing S 56°56'52" W, 418.90 feet to a point on the East-West 1/2 line as monumented and Platted in said "Supervisor's Plat No. I I", and (3) S 87° 16' 14" W, 987.23 feet to the center of Section 3; thence the following two courses along the East and Northeast line s of "Equestrian Lake Village" as recorded in Liber 158, Pages 8 through 13, Oakland County Records: (1) N 02°32' 17" W 3,451.83 feet to the North'/4 corner of Section 3; thence N 87°47'00" E, 935.50 feet along said North line (Oak Hill Road, 33' half -width); thence S 47°18'25" E, 543.80 feet; thence S 46019'58" E, 293.24 feet; thence N 27°03'08" E, 208.72 feet; thence 46°19'58" W, 236.26 feet; thence N 47" 18'25" W, 344.87 feet to a point on the North line of said Section 3; thence the following two courses along said North line (Oak Hill Road): (1) N 87°47'00" E, 1,324.97 feet to the Southeast corner of Section 34 of T5N, R9E, and (2) N 87°30'27" E, 98.67 feet to the point of beginning containing 185.7174 acres. Subject to the rights of the public in Oak Hill and Sashabaw Roads. Subject to the rights of the public and riparian owners in and existing with respect to Upper Bushman Lake 10275 Sashabaw Road. Tax Item No. 08-03-201-007. 5511 Oak Hill Road. Tax Item No. 08-03-201- 006. Descriptions taken from Giffels-Webster Engineers, Inc. Survey dated 1/16/08 Mhl 1 /2/09 13-16 EXHIBIT B Description of the Residential Dwellings, Structures and Personal Property to be Gifted from the Sellers to the Purchaser within an Effective Date of January 4, 2010 Address of Real Estate Gifted: 15511 Oakhill Road, Clarkston, Oakland County Single family residential with 1 Bedroom on first level and a large loft bedroom on the second level. Living Room, Dining Room, Kitchen, Mud Room, First Floor Bathroom, Full Unfinished Basement with Laundry facilities. Approximate Square Footage 768 Personal Property Gifted Refrigerator with Freezer Gas Stove Microwave Unit Washer Dryer Water Softener Window Air Conditioning Unit Wall to Wall Carpeting Central Station Alarm Satellite Dish Address of Real Estate Gifted: 19965 Sashabaw, Clarkston, Oakland County Single Family Residence with 5 Bedrooms, 2 Baths, Country Kitchen, Separate Dining Room, Living Room, Computer Room, and Large Second Story Bonus Room with picture window facing the lake, Custom Wood Deck with Seating - 750sgft, Unfinished Basement with large storage areas, First Floor Laundry, two separate structures adjacent to the Main House to be used for storage. Approximate Square Footage 2764 Personal Property Gifted Refrigerator with Freezer Electric Stove Washer Dryer Carpeting 2009Installation Existing Wall to Wall Carpeting Water Softener Central Station Alarm System Gas Fireplace & Mantle 2 Shower Enclosures Laundry Tub 1 of 2 13-17 Address of Real Estate Gifted; 10275 Sashabaw, Clarkston, Oakland Count Single Family Residence with 5 Bedrooms (Master Bedroom Vaulted Ceiling with ensuite), with Kohler Whirl Pool Tub, 4 full baths and 1/2 bath, Powder Room, Large Kitchen -Solarium facing the lake, Separate Dining Room, Living Room, Family Room with Entertainment Bar and Refrigerator, Cherry Panel Library, Skylight, Partial Finished Basement, attached Two Car Garage with In -Law Suite above, detached Three Car Garage, 1500 sgft of Redwood Decking facing the lake, Generator Unit enclosed in Separate Housin . Approximate Square Footage 4349 Personal Property Gifted Refrigerator Kitchen Refri erator Famil Room Jennalre Range Dishwasher Garage Disposal Washer Dryer Water Softener Custom Carpeting Microwave Unit Central Station Alarm System (Fire/Smoke/Police with motion sensors Custom Light Fixtures Built in Bar and Entertainment Unit Antique French Commode with wash basin 1500 sqft of Custom Redwood Decking facing the Lake Generator Unit enclosed in separate housing Guest/In-Law Suite with Kitchen Stove Built in Flat Top Burners Sink Refrigerator Customer Cabinetry Address of Real Estate Gifted; I Guest Cottage on 10275 Sashabaw Property Oakland County Loft Bedroom, 4 Skylights, Open Spiral Metal Staircase, Large Living Room Area built in Cabinets with Refrigerator and Sink, Microwave, One Bath Room with Shower, Mud Room, separate Propane Gas Heating Plant. Approximate Square Footage 1368 Personal Property Gifted Refrigerator Propane Gas Heating Plant Spiral Metal Staircase Microwave Custom Ceiling Fan Miscellaneous Gifted Property Tractor with Plow Attachments Limb Chipper and Scrapper Unit Riding Lawn Mower New Garage Door Openers Systems 4 Miscellaneous Lawn Tools & Supplies Gifted Accessory Buildings Generator House 550 s ft Detached Three Car Garage 1008 sq ft 2of2 13-18 Exhibit C Legal Descriptions of Upper Bushman Lake Parcels Northwest Triangular Parcel Owned by Craig Arnold Part of the Northwest 1/4 of Section 3, Town 4 North, Range 9 East, Township of Independence, Oakland County, Michigan, Described as: Beginning at a point S 02°32' 17" E, 1,368.59 feet from the North 1/4 corner of said Section 3; thence continuing S 02°32'17" E, 146.38 feet; thence N 51°43'39" W, 224.61 feet; thence N 87°36'05" E, 170.00 feet to beginning. Containing .2856 acres. Descriptions taken from Giffels-Webster Engineers, Inc. Survey dated l/16/08 Mh 11 /2/09 13-19 Item #14 Resolution Proposed Ballot Language — 2010 Millage Renewal Attached is the resolution containing the proposed ballot language for the 2010 millage renewal election. Staff is requesting Commission approval of this resolution which will then be forwarded to the Oakland County Board of Commissioners for the August 3, 2010 election process. The current revenue projection provided by Oakland County Management and Budget for the .2415 mill is $10,900,000 for 2012. It is recommended by Oakland County Management and Budget and Parks staff that this projection be updated with 2010 values when available from the Equalization department in April 2010. 14-1 PR09-015 RESOLUTION 2010 MILLAGE RENEWAL BALLOT QUESTION WHEREAS, the one -quarter voted millage for the Oakland County Parks and Recreation Commission will expire December 31, 2011; and WHEREAS, the mission of the Oakland County Parks and Recreation Commission is to "deliver quality parks, recreation, facilities, programs, services and maintenance through a dedicated professional Park Commission and staff that listen to the needs of citizens, create innovative parks, recreation facilities and programs and increase the quality of life for the residents of Oakland County;" and WHEREAS, in a 2008 county -wide survey, the citizens were very supportive of the actions of the Oakland County Parks and Recreation Commission including: the repair of older park buildings, shelters, and playgrounds, the purchase of land to preserve open space and protect the environment, and the purchase of land to develop walking and biking trails; and WHEREAS, in the same county -wide survey, the majority of respondents indicated that they would vote in favor of renewing the dedicated millage; and WHEREAS, continued millage funding will be necessary in order to meet the mission of the Oakland County Parks and Recreation Commission and the needs and requests of the citizens of Oakland County; and WHEREAS, Oakland County. Corporation Counsel has reviewed and approved the proposed ballot language. NOW THEREFORE BE IT RESOLVED, the Oakland County Parks and Recreation Commission hereby recommends that the Oakland County Board of Commissioners approve the following ballot question be placed on the ballot at the August 3, 2010 Primary Election, and should the August 3, 2010 question not receive approval, the November 2, 2010 General Election for the continuation of the millage at the current rate of 0.2415 mill for an additional ten (10) years for the purpose of operating, maintaining, improving and acquiring parks and recreation areas and facilities in Oakland County: The Oakland County Parks and Recreation Commission was created in 1966 pursuant to Public Act 261 of 1965. Since 1967, there 14-2 has been a separately dedicated parks and recreation millage. The current millage will expire on December 31, 2011. Accordingly, shall the current millage of .2415 mills, for the purpose of operating, maintaining, improving and acquiring parks and recreation areas and facilities in Oakland County, Michigan, be renewed for a period of ten (10) years from 2012 to 2021? The .2415 mills is equal to $0.2415 per $1,000.00 of taxable value. The millage, if renewed, will generate approximately <insert $ amount based on 2010 values > in 2012. Revenue from this millage will be disbursed only to the County of Oakland to be used solely for the purpose of funding the Oakland County Parks and Recreation Commission. This renewal is a continuation of the previous increase of the constitutional tax limitation on the total amount of general ad valorem taxes which may be imposed each year for all purposes upon taxable property in Oakland County, Michigan as set forth in Section 6, Article 9 of the Michigan Constitution. Moved by Supported by Date 14-3 Item #15 Lease Clarification Oak Management Audit Sub -Committee As directed by the Commission at its October 7, 2009 meeting, the attached Lease Clarification was submitted to Corporation Counsel for review. The only change noted was the document name; revising it from "Memorandum of Understanding" to "Lease Clarification." Staff is requesting approval of the Lease Clarification as a clarification to the current lease between Oakland County Parks and Recreation Commission and Oak Management Corporation. 15-1 2800 Watkins Lake Road , Bldg 97W • Waterford, MI 48328-1917 248.858.0906 - 1.888.0CPARKS November 6, 2009 Lease Clarification The following is a lease clarification by and between Oak Management, Corp., 1480 W. Romeo Road, Leonard, MI 48367, and Oakland County Parks and Recreation Commission, 2800 Watkins Lake Road, Waterford, MI 48328-1917. Subject: 2009 Oak Management Audit Final recommendations from the 2009 Oak Management audit are as follows: Recommendation #1a: Deposits forfeited by customers should be counted as revenue. Resolution: Oak Management will pay revenue on deposits from any forfeit date beginning with January 1, 2010. Recommendation #1 b: Coat check, valet, and linen fees should be counted as revenue. Resolution: Considering that there is a long history of interpreting the contract in this manner for these particular items, the status quo will be maintained and the definition of revenue in the lease for these three items only —coat check, valet, and linen fees —will be treated as "pass -through" services that are excluded from revenue. No other services, whether provided directly by Oak Management or not, will be treated in this manner, i.e., all other payments for goods and services provided or arranged by Oak Management will be included in revenue for purposes of calculating the percentage Pecky D. Lewis, Jr. paid to Oakland County Parks. chain„ai`, Richard Skarritt Vice Choim an J. David Vanderveen These resolutions are approved for clarification purposes of the lease between Oak Secretary Management, Inc. and the Oakland County Parks and Recreation Commission. Tirn Burns Gerald A. Fisher Robert Kosdn Christine Long John P. NAcculloch Charles Palmer Scott Daniel J. Stencil Executive Omcer Pecky D. Lewis, Jr., Chairman Oakland County Parks and Recreation Date: Janet Lekas, Chief Financial Officer Oak Management, Corp. Date: ,i ur mission is to provide recreational, leiSUre al - id learning experiences that enhance quality of life. Item #16 Oakland County Sheriff's Office Law Enforcement Services Contract The contract for law enforcement services with the Oakland County Sheriff's Office is due for renewal. This is a one-year contract for services provided for Park Patrol. Staff is requesting approval to renew the contract for 2010. 16-1 OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES 2010 This OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES (hereafterthe "CONTRACT") is made and entered into between the Oakland County Sheriff (hereafter the "SHERIFF") and the Oakland County Parks and Recreation Commission (hereafter the "COMMISSION"). 1. The Sheriff agrees to provide professional Law Enforcement Services in those County - owned parks under the control and supervision of COMMISSION. Law Enforcement Services, for all purposes under this CONTRACT, shall mean the enforcement of state statutes, County ordinances, and valid COMMISSION rules for the protection of persons and property, including the writing of tickets. To perform all of the Law Enforcement Services contemplated under this CONTRACT, the SHERIFF agrees to assign SHERIFF's Deputies in the Numbers and Ranks described below and supply all necessary equipment, communication devices, and other tools and supplies required by any SHERIFF's Deputy in order to perform such Law Enforcement Services. 2. The COMMISSION agrees to reimburse and pay the SHERIFF (via journal entry or check payable to: "County of Oakland") for the Law Enforcement Services of the One (1) Sergeant and Two (2) Deputy I's at the applicable Monthly Rate, shown in the Table below, for each month or pro- rated portion of any month provided under this CONTRACT. For the each of the ten (10) Park Deputy's and each of the twenty-five (25) Mounted Deputy's Law Enforcement Services, the COMMISSION agrees to reimburse and pay the SHERIFF, as above, for each Hour of each Park Deputy's and Mounted Deputy's Law Enforcement Services provided under this CONTRACT at the Hourl Rates shown below. For any Sheriff s Deputy Law Enforcement Services beyond the normal work day or work week, where any such Services were provided or paid for by the SHERIFF on an overtime basis, the COMMISSION agrees to pay the SHERIFF, as above, at the applicable hourly Overtime Rate(s) for each Rank(s) shown below. Rates for Services in Calendar Year 2010 Monthly Rate for each Sergeant and Deputy I's $26,691 Hourly Rate for each PTNE Deputy II $18.49 Hourly Rate for each PTNE Deputy 1 $16.16 Hourly Rate for each PTNE Mounted Deputy 1 $16.16 Hourly Overtime Rate(s) Sergeant $75.91 Deputy 1 $49.11 PTNE Deputy II $27.73 OAKLAND COUNTY PARKS AND RECREATION C,C?l'. P01,3SION CONTRACT FOR SHERIFF LAW ENFORCENIENT SERVICES 2010 PTNE Deputy 1 $24.24 Mounted Deputy $24.24 3. The assignment of any and all Deputies, the hours of work, the control and supervision of all the Deputies, the standards of performance, the discipline of any and all Deputies, and all other matters incident to the performance of any Law Enforcement Services by any SHERIFF's Deputy in any County park under this CONTRACT shall, at all times, remain with the SHERIFF. The standards of performance of Deputies assigned to County parks, however, shall not be lower than that furnished other jurisdictions in Oakland County. 4. Any Law Enforcement Services beyond the scope of this CONTRACT may be made available upon request to the SHERIFF. Any additional Law Enforcement Services are to be paid at the Overtime Rates shown above or, if performed by a Park Deputy on a non -overtime basis, then at the Regular Hourly Rate shown above. 5. If, for any reason, the COMMISSION determines that the above Number of SHERIFF's Deputy Law Enforcement Services are not required for any particular scheduled shift or day, it shall communicate its request for a reduction in services to the SHERIFF who shall adjust Deputy schedules accordingly. The COMMISSION shall, nevertheless, be liable to reimburse the County for any costs incurred by County in paying any Deputy any minimum call -in time or overtime hour(s) guaranteed under any applicable union or employment contract as a result of any such schedule change. 6. Either Party can cancel this CONTRACT by delivering written notice to the other party fifteen (15) days prior to the proposed cancellation date contained in this notice. 7. This CONTRACT will be effective January 1, 2010, and shall remain effective continuously until it terminates on December 31, 2010. This CONTRACT shall supercede any and all prior understandings or contracts between the Parties for any SHERIFF's Deputy Law Enforcement Services. This CONTRACT encompasses the entire and complete agreement between the Parties for any SHERIFF's Deputy Law Enforcement Services. 8. The SHERIFF reserves to himself all rights and obligations relating to the provision of any and all police and/or governmental Law Enforcement Services. This CONTRACT does not, and is not intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the SHERIFF orthe COMMISSION. 9. For and in consideration of the mutual promises, acknowledgments, representations, and agreements set forth in this CONTRACT, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COMMISSION and the SHERIFF hereby agree and promise to be bound by the terrns and provisions of this CONTRACT. O101cLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF P_t0VV ENFORCEMENT ME N T SERVICES 2010 _age-2cif3 16-3 IN WITNESS WHEREOF, PECKY D. LEWIS, JR., Chairperson, OAKLAND COUNTY PARKS AND RECREATION COMMISSION, hereby acknowledges that he has been authorized by a resolution of the COUNTY Commissioners to execute this Contract on behalf of the OAKLAND COUNTY PARKS AND RECREATION COMMISSION and hereby accepts and binds OAKLAND COUNTY PARKS AND RECREATION COMMISSION to the terms and conditions of this CONTRACT on this day of 12009. WITNESS: am OAKLAND COUNTY PARKS AND RECREATION COMMISSION 0 PECKY D. LEWIS, JR., Chairperson, Oakland County Parks and Recreation Commission IN WITNESS WHEREOF, MICHAEL J. BOUCHARD, in his official capacity as the Oakland County Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the Office of the Oakland County Sheriff to the terms and conditions of this CONTRACT on this day of )2009. WITNESS: SHERIFF, COUNTY OF OAKLAND, a Michigan Constitutional Officer MICHAEL J. BOUCHARD, Sheriff, County of Oakland OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAW EN ORoCEMENT SERVICES 2010 Page - 3 of 3 16-4 Fixed Rates: Salary and Fringes Sergeant(1-position) Deputy I (2-positions) sub -total Operatina Charges Transportation Deputy Supplies Uniform cost Liability Insurance sub -total Total full time rate Operating expenses for PTNE Deputy Supplies Uniforms Total Per month Charge Variable Rates Park Deputy II per hour Park Deputy I per hour Mounted Deputy per hour Sergeant overtime rate Deputy I overtime rate Park Deputy fi overtime rate Park Deputy I overtime rate Mounted Deputy overtime rate Estimated Total Annual Rate Fixed Estimated Park Deputy II hours Estimated Park Deputy I hours Esimated Mounted Deputy hours estimated Overtime total estimated costs to Parks Law Enforcement Patrol Services Parks and Recreation 2010 rates 2009 2010 % inc. $ 117,231 $ 119,314 $ 161,310 $ 162,484 $ 278,541 $ 281,798 1.17% $ 31,320 $ 29,520 $ 1,179 $ 1,179 $ 1,419 $ 1,398 $ 5,346 $ 1,785 $ 39,264 $ 33,882 $ 317,805 $ 315,680 $ 2,463 $ 2,463 $ 2,260 $ 2,146 $ 4,723 $ 4,609 $ 322,528 $ 320,289 $ 26,877 $ 26,691 2009 2010 $ 18.95 $ 18.49 $ 16.57 $ 16.16 $ 16.57 $ 16.16 $ 71.48 $ 75.91 $ 47.44 $ 49.11 $ 28.42 $ 27.73 $ 24.85 $ 24.24 $ 24.85 $ 24.24 $ 322,528 $ 320,289 6,000 $ 113,700 $ 110,940 3,000 $ 49,710 $ 48,480 2,000 $ 33,140 $ 32,320 $ 10,000 $ 10,000 $ 529,078 $ 522,029 -13.71% -0.67% 2.41 % 0.69% 0.69% -2.43% -2.47% -2.47% -1.33% 16-5 MISCELLANEOUS RESOLUTION BY: Public Services Committee, Jeff Potter, Chairperson IN RE: Sheriff's Office -Law Enforcement Services for Parks & Recreation Commission for 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Office to enter into contractual agreements for the purpose of Law Enforcement Services; and WHEREAS the Sheriff's Office and Parks & Recreation Commission currently have a contract for Law Enforcement Services; and WHEREAS the current contract will expire on December 31, 2009; and WHEREAS the Parks & Recreation Commission has requested that the contract be continued for the next year; and WHEREAS these rates are consistent with the rates as established by this board for the local units of government; and WHEREAS Corporation Counsel and Management & Budget have reviewed the attached contract and rates. NOW THEREFORE BE IT RESOLVED that the Oakland County Sheriff's Office is hereby authorized to enter into a contract for Law Enforcement Services with the Parks & Recreation Commission for 2010 at the rates provided in the attached contract. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE 16-6 Item #17 Lifeguard Applicant Fee Proposal Traditionally Oakland County Parks and Recreation (OCPR) has trained and certified its lifeguards as mandated by state law. OCPR hires approximately 130 lifeguards each summer between the two waterparks and three beaches; approximately 150 applicants attend training. Three years ago the lifeguard program mandated that every lifeguard must have a training manual. OCPR kept one manual on hand at each park for every lifeguard. Lifeguards were able to check out manuals as needed. Lifeguard manuals are currently $31.95 each, plus shipping. In order to have lifeguard manuals on hand for training, OCPR has to pre -buy books for all applicants attending training. Currently, each lifeguard hired is provided a manual, and it is his/her responsibility to maintain/keep track of it. In an effort to help meet the goal of building and managing a sustainable park system (8.1.4.1 of the Strategic Plan), staff is requesting approval to charge all applicants a $35 materials fee to cover the cost of the lifeguard manual. The book would be theirs to keep regardless if they quit, dropped out of training, are let go, etc. This will result in an annual savings of $3,300 for the park system and assist in making our training program more fiscally sustainable. Once an applicant purchases a manual, they will not need to pay for another one. The $35 materials fee would be collected at the first day of training when applicants currently receive materials needed for the training. Staff is requesting Commission's adoption of the attached resolution supporting approval of the lifeguard applicant materials fee. 17-1 PR09-018 RESOLUTION WHEREAS, the Oakland County Parks and Recreation Commission hires approximately 130 lifeguards each summer; and WHEREAS, the Oakland County Parks and Recreation Commission trains and certifies all lifeguard applicants before hiring; and WHEREAS, the lifeguard training mandates that every lifeguard must have their own copy of a training manual; and WHEREAS, in order to help meet the Oakland County Parks and Recreation Commission's goal to build and manage a sustainable park system (8.1.4.1 of the Parks Commission's adopted Strategic Master Plan), Parks staff recommends all lifeguard applicants who register to attend lifeguard training be charged a $35 materials fee to cover the cost of the lifeguard manual. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission recommends the Oakland County Board of Commissioners authorize and approve a $35 materials fee for all lifeguard applicants who register to attend lifeguard training. Moved by: Supported by: Date: 17-2 Item #18 2010 Recreation Stimulus Program Proposal The goal of the Recreation Stimulus Program (RSP) is to provide recreational opportunities and experiences to cities, villages and townships; community parks and recreation departments; schools; downtown development authorities (DDA); non-profit organizations; and areas void of recreation opportunities. The RSP program is an element of the park system's evolving Strategic Master Plan to serve all areas and citizens of the County of Oakland and to create community through people, parks, and programs. The RSP program will be marketed to the designated groups in all 61 cities, villages, and townships in Oakland County. Oakland County Parks will offer outreach programs, bus transportation, day camp and program scholarships, and community and recreation collaborations as part of the program. The requested funds for the 2010 Recreation Stimulus Program are projected to be allocated as follows: a $30,000 — Outreach Programs including mobile units, GO Adventures and nature education a $20,000 — Bus Transportation to Lewis E. Wint Nature Center, Waterford or Red Oaks Waterpark, designated Oakland County Parks, Golf Courses, or any Oakland County day -use park a $10,000 — Day Camp & Program Scholarships for youth assistance campers and individuals with disabilities $20,000 — Community Collaborations with cities, villages, townships and DDAs to support community events and festivals a $20,000 - Recreation Collaborations with struggling parks and recreation departments The Recreation Stimulus Program will provide over 100,000 residents and visitors, who otherwise may not have this opportunity, the ability to enjoy quality recreation activities in their community and within our parks. Staff is requesting Commission approval to continue to support the RSP program and grant the funds to the Recreation Programs and Services Department in the amount of $100, 000. 18-1 Item #19 Oakland County Parks and Recreation Commission 2010 Master Calendar Staff is requesting approval of the proposed Oakland County Parks and Recreation Commission 2010 Master Calendar. OAKLAND COUNTY PARKS AND RECREATION COMMISSION 2010 MASTER CALENDAR DAY DATE FUNCTION WEDNESDAY JANUARY 6 REGULAR COMMISSION MTG — OFFICER ELECTION TUES - FRI FEBRUARY 2-5 MRPA ANN. CONF/TRADE SHOW; GRAND RAPIDS WEDNESDAY FEBRUARY 3 REGULAR COMMISSION MEETING WEDNESDAY MARCH 3 REGULAR COMMISSION MEETING — GLEN OAKS SAT - WED. MARCH 6-10 NACo LEGISLATIVE CONFERENCE; WASHINGTON, DC TUES - FRI MARCH 16-19 NRPA LEGISLATIVE FORUM, WASHINGTON, DC MON.-WED. MARCH 29-31 MAC LEGISLATIVE CONFERENCE; LANSING CENTER WEDNESDAY APRIL 14 REGULAR COMMISSION MEETING FRIDAY APRIL 16 RECOGNITION LUNCHEON WEDNESDAY APRIL 21 BUDGET PRESENTATION WORK SESSION WEDNESDAY MAY 5 REGULAR COMMISSION MEETING WEDNESDAY JUNE 2 REGULAR COMMISSION MEETING (ADOPT 2010 BUDGET) — WATERFORD OAKS TOUR MON. — WED. JUNE 28-30 SPECIAL PARK DISTRICTS FORUM; CHARLESTON, SC WEDNESDAY JULY 7 REGULAR COMMISSION MEETING FRI - WED. JULY 16-20 NACo ANNUAL CONFERENCE; RENO, NEVADA TUESDAY AUGUST 3 ELECTION DAY — PARKS MILLAGE ON BALLOT WEDNESDAY AUGUST 4 REGULAR COMMISSION MEETING — GROVELAND OAKS SUN - TUES AUGUST 15-17 MAC SUMMER CONFERENCE; GRAND RAPIDS WEDNESDAY SEPTEMBER 1 REGULAR COMMISSION MEETING WEDNESDAY OCTOBER 6 REGULAR COMMISSION MEETING — LYON OAKS TUES - SAT OCTOBER 25-29 NRPA CONGRESS, MINNEAPOLIS, MN WEDNESDAY NOVEMBER 3 REGULAR COMMISSION MEETING WEDNESDAY DECEMBER 1 REGULAR COMMISSION MEETING REVISED November 20, 2009 2010 PRELIMINARY MASTER CALENDAR.doc 19-2 Item #20-A Staff Report CIP/Major Maintenance Mike Donnellon, Chief of Facilities, Maintenance and Development, will present a brief update on the CIP/Major Maintenance schedule. 20-A Item #20-B Staff Report Natural Resources Management and Planning Brittany Bird, Natural Resources Planner, will present a brief update on the Natural Resources Management and Planning units. 2O i Item #21 Executive Officer's Report A. Attached for your review is the memo issued to staff with the distribution of the 2010 Annual Motor Vehicle Permits. B. Attached for your review is Executive Officer Stencil's letter responding to the request from the Centers for Disease Control to participate on the Leadership Team which will oversee efforts, through the Oakland County Health Division's initiative, to assist with the prevention of chronic diseases, C. The following staff members were elected to the Michigan Recreation and Park Association's Board of Directors for the 2010 Term: • Sue Wells, President Elect • Jim Dunleavy, Vice President Elect • Dan Stencil, Great Lake Regional Representative D. Attached for your review is the letter from the Charter Township of Springfield thanking the Commission and staff for recent programs and partnerships. E. Attached for your review is an article titled "Reinventing Aquatics" where Executive Officer Stencil states the need to adhere to a business approach to be the most efficient and effective when managing aquatic facilities. F. As directed at the September 2, 2009 meeting staff requested Corporation Counsel's assistance to determine tax implications for leased residential properties. Please see the attached response from Jody Hall, Assistant Corporation Counsel. G. Attached for your review are the upcoming events for the month of December, 2009. 21-1 From the desk of... To: Oakland County Parks Staff Date: November 5, 2009 Re: Annual Vehicle Permit Thank you for your efforts to make 2009 a successful year for our parks system despite the economic climate and challenges of unprecedented change. Your individual contributions support the success of our mission: "to deliver quality parks, recreation, facilities, programs, services and maintenance through a dedicated professional Park Commission and staff that listens to the needs of citizens, creates innovative parks, recreation facilities and programs and energizes the community for the value of living in Oakland County." Along with my personal gratitude, you will find a 2010 Oakland County Parks Annual Vehicle Permit enclosed in this memo. This permit is provided to you in accordance with the Oakland County Parks and Recreation Commission Parks Access Permit Policy which went into effect on June 3, 2009. The propose of this policy was to provide Commissioners and full-time Parks staff with access to the facilities that they manage. We hope you will affix this permit to your personal vehicle and go experience our wonderful parks and facilities. You can expect to see many new exciting features and amenities in the 2010 season, including updated restroom facilities at Groveland, the totally accessible playground in Waterford, and a 3-acre dog park at Red Oaks. Additionally, 2010 will be an especially important year for our future as we ask the voters of Oakland County to vote on a renewal of our current .2415 millage on August 3, 2010. We hope you continue to become familiar with the facilities, programs and events provided by our department so that you can share information with your family, friends and neighbors. 91 -7 Pecky D. Lewis, Jr. Chairman Richard Skar itt Vice Chairmar J. Davi ' nderVeen Tim Burns Gerald A. Fisher Robert Kostin Christine Long John P. McCulloch 1-1,7irles Palmer i Scott Daniel J. Stencil Executive Officer 2800 Watkins LaI,,- Road ° BIck¢ 9i Vv Vriaier or , MH 48 i28- 1917 248.858.0906 s 1.888.01--PAP,K Pf,,, ' _. -4 _ . November 3, 2009 CPPW Grant Evaluation Team Centers for Disease Control and Prevention 2920 Brandywine Road, MS E-09 Atlanta GA 30341 Dear CPPW Grant Evaluation Team, As a future member of the Oakland County CPPW Leadership Team, I am pleased to support the Oakland County Health Division's application for the CDC RFA-DP09- 912ARRA09 grant, Communities Putting Pr•el,ention to YT"ork (US Department of Health and Human Services, Centers for Disease Control and Prevention, American Recovery and Reinvestment Act of 2009). I understand that the purpose of this project is to support intensive community approaches to chronic disease prevention and control by increasing levels of physical activity, improved nutrition, decreased overweight/obesity prevalence, decreased smoking prevalence/initiation and decreased exposure to secondhand smoke. I understand as a member of the Leadership Team I will help to oversee the strategic direction of project activities, be responsible for enacting policies related to evidence - based strategies, governance for the Community Coalition(s) and participate in project - related local and national meetings. I support the Oakland County Health Division in their effort to prevent chronic diseases such as diabetes and heart disease in Oakland County through this CPPW initiative. If I can be of any further assistance, please feel free to call me at 248.858.4944 or stencild@oalcgov.com. Sincerely, Daniel J. S encil Executivid Officer DJS:slk � li'i>>>�E)r, i' ter pic%Vi tr• i e, i Charter Township of Springfield Clerk's Office (248) 846-6510 General Offices (248) 634-3111 Fax Number (248) 634-2316 November 12, 2009 Oakland County Parks & Recreation Commission 2800 Watkins Lake Road Waterford, MI 48328 Dear Commissioners, The Board of Trustees of Springfield Township wishes to express our sincere thanks to die Oakland County Parks and Recreation Commission for the successful beautification effort at Rotary Park. We appreciate that our concerns for the park were met with an enthusiastic response from Parks and Recreation —from Jon Noyes and the exceptional staff in planning, to Mike Donnellon and the facilities crew. Truly this project was a complete community effort supported by Oakland County Parks and Recreation staff and volunteers, Springfield residents, Township staff, members of the Township Board and Planning Commission and the Springfield Garden Club. The entire effort was well planned and organized and the "Fall Into Flowers" beautification day was marked with a friendly atmosphere and cooperative spirit. Further we offer our thanks for the invitation to join the Ellis Barn Festival this year. With the strong partnership between our combined parks and recreation staff, the Davisburg Heritage Festival was established. The plan to combine the events emerged from our planning efforts at Rotary Park and we have great hope that this festival will continue as an annual community building event. We look forward to additional opportunities to partner with Oakland County Parks and Recreation in the months ahead. Sincerely, Nlike'yrout, Supervisor Laura Moreau, Clerk 12000 Davisburg Road P.O. Box 1038 • Davisburg, Michigan 48350 21-4 l Jamie L. Dubre, Treasurer Dave Hop er, rustee �iw�ltic.� V Dennis Vallad, Trustee ' Azle Judy Hensler,1I Estee X' - lzry Roger Lamont, Trustee CC: Dan Stencil, Executive Officer, Oakland County Parks & Recreation Jon Noyes, Planning Supervisor, Oakland County Parks & Recreation Mike Donnellon, Chief of Park Facilities, Oakland County Parks & Recreation Jennifer Tucker, Director, Springfield Township Parks & Recreation Aquatics International - Reinventing Aquatics - October 2009 Page 1 of 6 h 3nleyw�rsc•:1 __ AQUATICS VIRTUAL CONFERENCE: e• HreuNwf 1;.nnwi Reinventing Aquatics_wa.,�`'' Subscribe I f Home I Classifieds I Directory I Archives I Education I Events Doorway to Opportunity BoasU n" the bottom Hirm has becoffie orrwpav aUve forr the suvvoVal 0f @IIq Iaur c operators also muss an pmtrran trends, cdleMgn oUmavcnU o ns and prr By Kendra Kozen I October 2009 i These days, when Clay Shuck thinks about next year's operating budget, he almost feels as if he's waiting for the results of a biopsy: Will he live or die? He's got good reason to fear. This season money was so tight, Shuck had to reduce hours at all four outdoor aquatics facilities and cut a key staff position. But he may look back on 2009 as a fiscal dream. Next year, his city will be looking at a nightmarish $23 million shortfall, meaning even deeper cuts. "It really feels like we're on a roller coaster ride and we don't know when it's going to stop," says Shuck, facility coordinator at Colorado Springs (Colo.) Parks, Recreation and Cultural Services. "There will definitely be some impact to the services that we offer the citizens of Colorado Springs, but we're striving to do what's best for our patrons and keep planning for the future." For Shuck and many other aquatic operators, that future is murky at best. As the economy all but ground to halt, aquatics has been left in the lurch. A generous $8 billion in federal stimulus money is available for public works, schools and parks, but aquatics projects were left out fact, the bill specifically forbids money to be used on swimming pools. In At the same time, the first -ever federal pool and spa safety law took effect. The Virginia Graeme Baker Pool and Spa Safety Act mandates new anti -entrapment drain covers and standards for public facilities. The law could not have come at a worse time because it forced facilities, many already teetering on the financial brink, to invest thousands in compliance. Many older facilities with existing hydraulic issues had even higher compliance costs, sometimes $100,000 or more. Faced with deciding whether to keep police on the street or roads passable, community leaders are throwing in the aquatics towel. For years, many facilities have been the equivalent of a dirty little budgetary secret: They cost more to operate than they make. The red can run one-half million dollars a year or more. As the nation's stock of approximately 300,000 public pools continues to age, that number has only grown due to increased maintenance and equipment problems in these aging pools. REL • Dc Boo! for t mak patr POSE • Fa Five succ ® Ca Gen don( • Pri A cl( strai PREA Shai Inte httn://www.aauaticsintl.com/2009/oct/0910 op21-6 portunity.html 11/19/2009 Aquatics International - Reinventing Aquatics - October 2009 Page 2 of 6 Something had to give, and this summer in cities around the nation it did. Pools shut down. Finding out how many is an exercise in frustration because aquatics facilities are largely local entities and no central organization keeps track of such happenings. But anecdotally, the impact was undeniable. Almost daily throughout the summer, news stories announced closures of pools and aquatics facilities that could no longer afford to operate. The list included the city of Worcester, Mass., which closed all eight of its municipal pools; the New York State Parks Department, which cut back swimming hours at numerous state parks, closed a number of pools and beaches and shortened the season at others; the Georgia Department of Natural Resources, which closed 11 state park pools; and the city of Parma, Ohio, which shut down one of its four pools. Other cities, such as Philadelphia, were forced to hold fund-raisers to open pools. Still other facilities around the nation cut staffs and/or reduced services and hours. In case you missed it, there's a message in all this carnage — the same message that makes Clay Shuck and many others like him feel so uneasy: Aquatics facilities must reinvent themselves or they will die. "The pressure to become self-sustaining has become acute," says Ken Ballard, founding partner of Ballard*King & Associates, based in Highlands Ranch, Colo. "If you can't cover the costs of operating, you're really at risk." Motivating factors What's behind the need for a change in the status quo? Industry professionals point to a number of factors, but ultimately it all comes down to tradition. Aquatics facilities long have been allowed to sustain losses, perhaps based simply on old conventions and a "that's the way we've always done it" mentality. In an autumn 2008 survey of approximately 615 Aquatics International readers, one-third reported operating their aquatics facilities with annual losses. In Rushford, Minn., administrators estimate that the pool loses approximately $20,000 annually. According to local media, the nearby city of St. Charles loses around $30,000 a year, and in Winona, Minn., the Bob Welch Aquatic Center reportedly runs an annual deficit of around $80,000. "Yes, it's costing us some money. But we know that upfront, and so we keep the pool open and let the youth and the adults enjoy it," explains Windy Block, city administrator for Rushford. Unfortunately for many communities, once -small losses have ballooned over the years. Pools require more planning and maintenance than a ball field or gymnasium, and many communities simply weren't prepared for the costs, notes industry veteran Mick Nelson, facilities development director of USA Swimming, based in Colorado Springs, Colo. "Chemicals, utilities, insurance and a few other necessities have increased way over that 3 percent [inflation rate]," Nelson says. "Also, many facilities never planned for capital repairs every three to five years, such as chemical feeders, pool heaters or pool refinishing." Compounding those challenges has been the growth of competition — fancy new waterparks, amusement parks, fitness clubs and parks have all upped the recreation ante. Lynn Ledford is a partner in Cal Elite Kids, a private sports center operation in Rancho Santa Margarita, Calif., that offers everything from swimming to dance classes. A former attorney, she notes that when she first started, the concept of charging children for recreation often drew criticism. But today privately operated facilities such as hers are setting the gold standard for the industry. Thanks to the advent of the private waterpark market, there's an ever-expanding host of exciting water slides and interactive products designed to dazzle patrons who, as a rule, are savvy to what's out there. More than any other time in history, today's public demands more than just a water -filled hole in the ground. "The expectation level from users has changed," Ballard observes. To that end, a strong, family - focused recreation component is essential to draw today's crowds. 21-7 Aquatics International - Reinventing Aquatics - October 2009 Page 3 of 6 "Most aquatic users are recreational users, and recreational use is the key to generating revenue to help cover operating costs," says Mark Hatchel, the Irving, Texas -based vice president and senior project manager of Kimley-Horn and Associates. When Spokane Valley, Wash., opened its three aquatics centers last summer, each featured a brand- new, recreation -focused amenity (a lazy river at Terrace View pool, a water slide at Park Road pool and a zero -depth entry leisure pool at Valley Mission pool) to enhance the existing facilities. "Basically, with three'40-year-old bathtubs' there wasn't a lot that would attract kids when you look at the trends and all the slides and bells and whistles that are available now," says Mike Stone, parks director. "This is our attempt to move closer to that." However, operators can no longer rely on recreational use alone. Circa 1984, it might have been as easy as "build a water slide and they will come," says Claude Rogers, aquatic planner/designer at Water Technology in Beaver Dam, Wis. But that's no longer the case. Growing interest in aquatic therapy and water fitness has brought new populations to the pool. With the expanded needs of the user group, modern facilities can no longer rely on recreation alone to bring in the crowds. Today it's important to offer options to serve all potential user groups. What it boils down to is this: Operators must respond to the needs and desires of the population, Hatchel suggests. The business of aquatics They also need to think about facilities in a whole new way. Experts say that means coming up with new cost-cutting measures and revenue -generation strategies. It also means thinking of the facility more as a business and less as a charity. Ballard says his firm is seeing more and more new projects being planned from the beginning with the expectation that they will be financially sustainable. For existing facilities, he's noted an uptick in the number of requests for operational audits. "The public dollars are shrinking, but the expectation is there to maintain programming. So there's a challenge to find a way to continue services," Stone adds. How can operators meet that challenge? It might seem like a no-brainer to simply raise prices to cover escalating costs, but given the expenses involved in running an aquatics facility, Stone says that's not a solid solution on its own. To generate a profit, or at least cover operating expenses, operators in many communities would be forced to raise user fees so high that no one would be willing to pay. And lower -income patrons would be shut out, defeating the mandate that a public pool be accessible to all. Thus it comes down to efficiency and a retooling of standard operating procedures to generate increased revenues and reduce expenses. "From an operational standpoint, it has to be run more like a business," Rogers says. "Managers have to be able to cut costs." As executive officer for Oakland County (Mich.) Parks and Recreation, Dan Stencil knows all about the need to become more efficient. His county is one of the wealthiest in the nation, but in the last fiscal year, its parks and recreation department recorded a $100,000 deficit. Small figures, maybe, but large enough to set off warning bells. Stencil says the agency had to undergo a major shift in operations in an effort to balance the books. "It's about being accountable to our taxpayers and government leaders, and doing it in the most efficient, effective way possible," he says. "The whole foundation is the business approach." Starting last year, Stencil and his team refocused their priorities and began a major overhaul of the organization from the ground up. There's a streamlined organizational chart, and a new focus on Oakland County's two enviable waterparks that's expected to bring the agency's budget into line this year. oDAWLtv.html Aquatics International - Reinventing Aquatics -October 2009 Page 4 of 6 Money matters A big part of any budget overhaul includes pricing. That may be difficult to accept because the idea of a community recreation facility is to provide opportunities that are affordable to everyone. But rather than wholesale price hikes, experts say pool operators need to consider overall pricing structure. That means rethinking old pricing models, says Sue Nelson, aquatic program specialist at USA Swimming. Instead of charging based on comparative pricing, where fees are based on what the pool down the street charges, or traditional pricing — "the price is $XX because this is what we've always charged" — she suggests a different approach. Nelson advises operators to emulate the public golf course model, in which users pay a membership fee along with additional charges for specific programs and services. Rates for a particular service or program should be determined based on how much that program or service costs to run. Operators need to know the total budget of their operation for the entire center, then develop a breakdown of how much each program needs to bring in to contribute its portion of expenses. Another way to generate more revenue is by boosting attendance. Experts say even in high -traffic facilities it's possible to draw in new users with creative programming. Stencil and his team are beginning to consider new programming options, such as water safety days and aquatic fitness. But that's only a start. Creative programming is all about attracting those niche populations. These might include swim team parents or local extreme athletes. Also keep in mind that baby boomers are aging so there's a growing number of seniors, and a growing body of research supports the benefits of aquatic therapy for the sick or disabled. Those groups represent important demographics that could benefit from aquatics — and that means new programming opportunities which could generate needed income, says industry veteran Tom Saldarelli, chief operating officer of RehaMed International in Homestead, Fla. To provide the widest mix of programming opportunities, Mick Nelson recommends that all new facilities include at least three separate bodies of water designed for various nonrecreational uses such as swim lessons, aquatic therapy, lap swimming, competition and aquatic fitness classes. Operators with existing facilities that have only one pool still can target several diverse markets with careful planning, Nelson adds. He suggests creating a compromise with a water temperature of 84 degrees Fahrenheit. That should allow for the relative comfort of patrons of all ages in a range of programs. And don't forget about deck space. When there's no more room in the water, some imaginative operators have begun planning programs that utilize deck space. For example, a 60- or 90-minute class that combines dryland stretching or yoga with water aerobics could potentially overlap a 30- minute toddler swim lesson or the tail end of an aquatic therapy session. The key to offering that kind of total aquatic programming is highly trained staff certified to perform multiple roles and responsibilities, Sue Nelson says. "All ages and stages can use the pool, but staff must be qualified," she says. "Now there's much more training needed, such as risk management and health aspects." The customer comes first One thing any operator can do to help increase patron usage is to focus on the user experience. That means understanding patrons, providing the services and amenities they want, and implementing proactive marketing and customer service. "In the past, we always just assumed we knew what they wanted," says Sue Wells, Oakland County Parks and Recreation's manager of parks and recreation. But that's changed. Now the agency is working to become much more proactive when it comes to potential users. It has begun gathering public opinion and is soliciting the public's involvement in long-term planning for the Aquatics International - Reinventing Aquatics - October 2009 Page 5 of 6 waterparks. Wells says the agency also has created a patron e-mail list and is utilizing it for things such as surveys. Given the competition, serious marketing and advertising efforts are critical, says Judith Leblein Josephs, founder/president of Judith Leblein Josephs Enterprises in Wayne, N.J. That's why Oakland County Parks and Recreation created a new marketing position. The new staff member will be expected to handle advertising, promotions and public relations efforts. Nowadays, with information available at the click of a mouse, there are a number of avenues to make the public aware of what's available — and operators should be utilizing all of them, Leblein Josephs notes. For tried-and-true advertising such as printed fliers and brochures, perhaps the most important factor is location: Get the material in front of the eyes that will respond. For example, consider posting notices along the walking trail in your community park. People on the trail are already users of local municipal recreation and also are likely to have at least a minimal interest in fitness. Fortunately, new media — Web sites, e-mail blasts, mobile marketing and social media — can be ideal for marketing on a shoestring. "Selective e-mail blasts that are short, sweet and timed properly before an event or membership drive [offer] the best bang for the buck," Leblein Josephs says. Also, Web sites and online registration tools should be kept current, and operators might consider adding blogs, photo slide shows, videos and the like. Often the best marketing tool is old-fashioned word of mouth. The best way to get people talking is by tapping into what they want and creating a fun experience. A younger demographic seeking aquatic fitness, for example, might respond to programs and messages keyed to the latest movies or video games. Perhaps the one thing patrons want to see more than anything else these days is a high -quality staff. That means paying attention to customer service basics such as greeting regular patrons by name, and making employee training and education a priority. Sue Nelson says a knowledgeable staff is one of the top things people look for when evaluating a program. She adds that cross -training can help to ease programming expenses — one staff member may be able to instruct more than one type of program — and highlighting the training may help operators justify price increases to consumers. Back to black The bottom line, Rogers says, is that "operators need to develop well-rounded facilities, or a system of well-rounded facilities, that offer high -quality programming and state-of-the-art recreational attractions with provisions to renovate, or grow and expand to stay vibrant and prosperous in the community." The changes at Stencil's agency are expected to right the balance sheets this year, but if making changes that streamline the operation isn't enough, it may be time to consider a partnership approach. Indeed, given the desire for larger, more all-inclusive facilities, Ballard says more operators are moving toward joint aquatics projects. Today's partnerships are varied and may include organizations from hospitals and day spas to local unions or real estate agents. "Think of a business that thrives on your opposite schedule and see if that partnership can work, such as a 'rainy day' discount in the local theater for your members showing a membership card," Leblein Josephs says. "In turn, you might get advertising on the big screen and movie passes as rewards for lifeguards." In the end, whatever combination of strategies it may take to get there, it appears operators who are financially solvent stand a good chance of remaining a vibrant part of their communities. "We've seen that facilities that can break even or come out ahead have done well in spite of the economic downturn," says Scot Hunsaker, chief operating officer of St. Louis -based Counsilman- Hunsaker. "The longer people take to react to change, the more difficulties they're likely to face in the future." AT -)AA inirv_html From: Hall, Jody [mailto:halljs@oakgov.com] Sent: Wednesday, November 18, 2009 4:16 PM To: 'Stencil, Dan'; 'Phil Castonia' Subject: Tax Implications for Residential Leases on Park Property Good Afternoon Dan and Phil — You had requested assistance with the "tax implications there may be regarding leased residential properties on Oakland County property." Specifically, the issue to be addressed is whether leasing of residential properties located on Oakland County Park property would cause the property in question to be placed back on the tax roles. The General Property Tax Act provides that if the assessor's office finds that tax exempt property is not being used for the tax exempt purposes, then the property shall be placed back on the tax rolls. MCL 211.191. It is my opinion that leasing of the residential properties, in this specific situation, to individuals does not cause the property to be used for non -tax exempt purposes. My conclusion is based on the following facts: (1) the leases contain language that require the tenants to perform certain duties for the parks; and (2) the residential properties would still have to be maintained or torn down if there were no tenants, i.e., still costs to Parks and Recreation. This conclusion was also supposed by the Equalization Department. Please let me know if you have any further questions on this issue. At this time, there is nothing left for Corporation Counsel to do, so I will be closing the file. Jody @ Jody S.Hall, Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3`d Floor Pontiac, MI 48341 Phone Number: (248) 858-0555 Fax Number: (248) 858-1003 E-mail: hallis(d)oakciov.com PRIVILEGED AND CONFIDENTIAL —ATTORNEY CLIENT COMMUNICATION This e-mail is intended only for those persons to whom it is specifically addressed. It is confidential and is protected by the attorney -client privilege and work product doctrine. This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in anyway. Individuals are advised that any dissemination, reproduction or unauthorized review of this information by persons other than those listed above may constitute a waiver of this privilege and is therefore prohibited. If you have received this message in error, please notify the sender immediately. If you have any questions, please contact the Department of Corporation Counsel at (248) 858-0550. Thank you for your cooperation. UPCOMING EVENTS — DECEMBER 2009 Lewis E. Wint Nature Center — Independence Oaks December 5 Birding in Winter — Natural Resources Education December 12 Volunteer Recognition and Holiday Meeting December 25 Holiday — Nature Center Closed — Appreciation Day — Free day use entry Adaptive Recreation December 2 Junior wheelchair basketball, Southfield December 4 Adult recreational wheelchair basketball, Troy December 9 Junior wheelchair basketball, Southfield December 9 Jingle Bell Ball — social for individuals w/disabilities, Waterford December 11 Adult recreational wheelchair basketball, Troy December 11 Holiday Dance for individuals w/disabilities, Southfield December 14 Light tour, snack, entertainment; Southfield, Ferndale December 15 Light tour, snack, entertainment, Clawson December 16 Light tour, snack, entertainment; Beverly Hills, Waterford December 16 Junior wheelchair basketball, Southfield December 17 Light tour, snack, entertainment; Madison Heights December 18 Adult recreational wheelchair basketball, Troy December 29 Almost New Year Social for individuals w/disabilities (dinner & activities) Royal Oak December 30 Almost New Year Social for individuals w/disabilities (dinner & activities) Waterford 9] -1?