Loading...
HomeMy WebLinkAboutAgendas/Packets - 2023.04.04 - 40438OAKLAND COUNTY PARKS AND RECREATION COMMISSION Regular Monthly Meeting Agenda Parks Commission Room - 2800 Watkins Lake Rd, Waterford 48328 Tuesday, April 4, 2023 @ 2:00 pm Gary McGillivray, Chairperson Call Meeting to Order Roll Call Pledge of Allegiance Approval of Agenda Approval of Minutes - March 1 & March 13, 2023 Regular Meeting and March 13, 2023 Closed Session Public Comment PRE SENTATIONS/RECOGNITIONS: ACTION PRESENTER(S) A Staff Introduction - Zach Zuchowicz Informational B Staff Introduction - Tyler Slater Informational C Staff Introduction - Lindsey Scupholm Informational D Staff Introduction - Sean Zera Informational E Oakland County Sustainability Office - Julie Lyon -Bricker Informational COMMUNICATIONS/REPORTS: F Dog Park Study REGULAR AGENDA: 1 Springfield/Lyon Cart Path Replacement 2 Springfield Livestock Barn Fan Project 3 2023 OCPR Rules and Regulations 4 Mill Pond Dam Agreement - First Amendment 5 Farmers Market Update & Request to Negotiate/ED&I 6 Royal Oak Township License Agreement - ARPA 7 Hazel Park License Agreement - ARPA UNFINISHED BUSINESS: NEW & MISCELLANEOUS BUSINESS: 8 Director's Report ACTION Informational ACTION Approval Approval & Fwd to BOC Approval & Fwd to BOC Approval & Fwd to BOC Approval & Fwd to ED&I Committee Approval & Fwd to BOC Approval & Fwd to BOC ACTION ACTION Informational ANNOUNCEMENTS ADJOURNMENT TO: May 3, 2023 at 2:00 p.m. or to the Call of the Chair Public Access Information Chris Ward / 858-4944 Sarah Cook-Maylen / 343-1353 Sarah Cook-Maylen / 343-1353 Sarah Cook-Maylen / 343-1353 Sarah Cook-Maylen / 343-1353 PRESENTER(S) Donna Folland/Tom Hughes PRESENTER(S) Zachary Crane / 240-1079 Zachary Crane / 240-1079 Tom Hughes / 343-1011 Melissa Prowse / 249-2801 Melissa Prowse / 249-2801 Chris Ward / 858-4944 Chris Ward / 858-4944 PRESENTER(S) PRESENTER(S) Chris Ward / 858-4944 If you require special accommodations because of a disability, please contact the Parks & Recreation Department at (248) 858-0906, Ext. 9, at least three (3) business days in advance of the meeting. View Recorded Meetines Here: I View Agenda Packets/Minutes Here: httos://www.voutube.com/Dlavlist?list=PLKv6lUWH41JEASENDEwihoPSueR6nFVXD httos://www.oaUov.com/parks/getinvolved/Panes/Parks-Commision.asDx RETURN TO AGENDA OAKLAND COUNTY PARKS AND RECREATION COMMISSION 2800 WATKINS LAKE ROAD, WATERFORD, MICHIGAN 48328 Telephone: (248) 858-0906 J. David VanderVeen REGULAR MEETING Vice Chairman Gary R. McGillivray, Chairman Ebony Bagley Secretary March 1, 2023 Christine Long Amanda Herzog Andrea LaFontaine Jim Nash Nancy Quarles Yolanda Smith Charles Lance Stokes Chairman McGillivray called the meeting of the Oakland County Parks and Recreation Commission to order at 2:04 p.m. in the Parks Commission Room. COMMISSION MEMBERS PRESENT: Gary R. McGillivray, J. David VanderVeen, Ebony Bagley, Christine Long, Amanda Herzog, Andrea LaFontaine, Jim Nash, Yolanda Smith Charles, Lance Stokes COMMISSION MEMBERS ABSENT WITH NOTICE: Nancy Quarles OTHERS PRESENT: PARKS AND RECREATION CORPORATION COUNSEL FACILITIES MANAGEMENT SIX RIVERS LAND CONSERVANCY PUBLIC APPROVAL OF AGENDA Chris Ward, Director Jim Dunleavy, Manager -Operations Melissa Prowse, Manager -Planning & Development Sarah Cook-Maylen, Chief -Environmental Sustainability & Planning Zach Crane, Supervisor -Parks Engineering & Development Tom Hughes, Chief -Park Operations & Maint. — North District Erik Koppin, Chief -Park Operations & Maint. — South District Brandy Sotke-Boyd, Chief -Recreation Programs & Services Aaron Stepp, Chief -Business Operations Desiree Stanfield, Supervisor -Marketing & Communications Donna Folland, Supervisor -Planning Patrick Caniff, Education and Outreach Specialist Eric Diesing, Natural Resources Program Coordinator Jami Monte, Staff Assistant Simon Rivers, Associate Planner Jess Whatley, Associate Planner Shannon Kenny, Technical Office Specialist Jody Hall, Transactional Attorney Paul Zachos, Property Management Specialist Chris Bunch, Executive Director Mary Bogush Brendan Nolan Diane Turner Larry Turner Chairman McGillivray proposed to amend the agenda as follows: 1. Insert "Farmers Market Modernization & Improvement Project" as Item 5 under the Regular Agenda; 2. Reletter Item 5, Director's Report, as Item 6 under New & Miscellaneous Business; 3. Reletter Item 6, Executive Committee Update, as Item 7 under New & Miscellaneous Business. March 1, 2023 Page 2 Long moved to approve the agenda, as amended. Seconded by Smith Charles. Motion carried on a voice vote. APPROVAL OF MINUTES VanderVeen moved to approve the minutes of February 1, 2023, as presented. Seconded by Long. Motion carried on a voice vote. PUBLIC COMMENT None. PRESENTATIONS/RECOGNITIONS A. Staff Introduction — Erik Koppin Mr. Dunleavy introduced Erik Koppin as the new Chief of Park Operations and Maintenance for the South District. B. Staff Introduction — Jess Whatley Ms. Folland introduced Jess Whatley as a new Associate Planner. C. Staff Introduction — Simon Rivers Ms. Folland introduced Simon Rivers as a new Associate Planner. D. Staff Introduction — Patrick Caniff Ms. Cook-Maylen introduced Patrick Caniff as a new Education and Outreach Specialist. E. Staff Introduction — Eric Diesinq, Ms. Cook-Maylen introduced Eric Diesing as a new Natural Resources Program Coordinator. F. Natural Resources and Sustainabilitv Report Ms. Cook-Maylen provided an update on natural resources management and sustainability in Oakland County Parks. PUBLIC HEARING G. Michigan Natural Resources Trust Fund Grant Application — Turtle Woods Acquisition Chairman McGillivray opened the Public Hearing at 2:34 p.m. and Ms. Prowse provided an overview of the grant application for the Turtle Woods acquisition. Chairman McGillivray opened the floor for public comment. The following persons addressed the Commission during public comment: 1. Chris Bunch stated that he is thrilled to partner with Oakland County Parks for this acquisition and that it has been a longtime coming. Many Troy residents have expressed their gratitude for this property being protected and he is very hopeful that the grant application will go through. 2. Larry Turner is a longtime resident of Troy and owns a home is in the Robertson development. He is very excited about this acquisition and conserving the rustic area, but has a concern with the amount of traffic this could bring in. March 1, 2023 Page 3 3. Mary Bogush was a longtime resident of Troy and now lives in Royal Oak. She expressed concern for the impact on the turtle and aquatic species due to tree removal and an increase of impervious surfaces for a parking lot. She would like more negotiations with Evanswood Church for the use of the west end of their parking lot. 4. Brendan Nolan is a resident of Troy and expressed his support for the acquisition. He is interested in seeking alternative options in case the grant funding is not awarded, such as federal funding or the natural species protection act to protect unique, natural remnants that may be there. 5. Chairman McGillivray stated that this property is located within his County Commission district and the residents have expressed their support for the acquisition. 6. Commissioner Nash provided assurance that our goal is to make the development as green as possible, keeping it rustic, being aware of the natural resources and protecting the natural balance. Terry Guirey sent a letter to the Parks Commission expressing concern over people leaving behind garbage and using bikes, go carts and snowmobiles on the site. He requests that the Commission not acquire Turtle Woods and leave it as is. There being no further public comment, Chairman McGillivray closed the Public Hearing at 3:09 p.m. COMMUNICATIONS/REPORTS H. Parks Environmental Sustainabilitv Committee Report Ms. Cook-Maylen provided a brief review of the Parks Environmental Sustainability Committee Report. REGULAR AGENDA ITEMS 1. Fees and Charges — 2023 Waterpark Fees and 2024 Campqround Fees Nash moved to approve the Fees and Charges — 2023 Waterpark Fees and 2024 Campground Fees, as presented. Seconded by Smith Charles. Motion carried unanimously on a roll call vote. 2. Reauest to Sell Alcohol — Drew's Home of Clarkston VanderVeen moved to approve the Request to Sell Alcohol — Drew's Home of Clarkston, as presented. Seconded by Herzog. Motion carried unanimously on a roll call vote. 3. Holly Oaks Armed Forces Dav Event — Veterans Fees Bagley moved to approve the Holly Oaks Armed Forces Day Event — Veterans Fees, as presented. Seconded by Stokes. Motion carried unanimously on a roll call vote. 4. Michiaan Natural Resources Trust Fund Grant Aaalication — Turtle Woods Acauisition VanderVeen moved to approve the Michigan Natural Resources Trust Fund Grant Application — Turtle Woods Acquisition, as presented. Seconded by Nash. Motion carried unanimously on a roll call vote. March 1, 2023 Page 4 5. Farmers Market Modernization & Improvement Proiect Director Ward provided an overview of potential options for the modernization and improvements to the Farmers Market. Discussion was had. UNFINISHED BUSINESS None. NEW & MISCELLANEOUS BUSINESS 6. Director's Report Director Ward provided an overview of his report. 7. Executive Committee Update Chairman McGillivray provided an update from the Executive Committee meeting that was held on February 21, 2023. ANNOUNCEMENTS/ADJOURNMENT Chairman McGillivray announced that the Budget Study Session has been moved to the May 3rd Regular meeting, with a backup date of May 171n, if needed. Chairman McGillivray reminded the Commissioners that registration is required for the County Executive's State of the County Address on March 14tn At 4:06 p.m., there being no further business to come before the Commission, the meeting was adjourned to April 4, 2023, or to the Call of the Chair. Ebony Bagley, OCPRC Secretary Jami Monte, Recording Secretary NOTE: The foregoing minutes are subject to Commission approval. RETURN TO AGENDA OAKLAND COUNTY PARKS AND RECREATION COMMISSION 2800 WATKINS LAKE ROAD, WATERFORD, MICHIGAN 48328 Telephone: (248) 858-0906 J. David VanderVeen SPECIAL MEETING Vice Chairman Gary R. McGillivray, Chairman Ebony Bagley Secretary March 13, 2023 Christine Long Amanda Herzog Andrea LaFontaine Jim Nash Nancy Quarles Yolanda Smith Charles Lance Stokes Vice Chairman VanderVeen called the meeting of the Oakland County Parks and Recreation Commission to order at 1:10 p.m. in the Parks Commission Room. COMMISSION MEMBERS PRESENT: J. David VanderVeen, Ebony Bagley, Christine Long, Amanda Herzog, Jim Nash, Nancy Quarles, Yolanda Smith Charles, Lance Stokes COMMISSION MEMBERS ABSENT WITH NOTICE: Gary R. McGillivray, Andrea LaFontaine OTHERS PRESENT: PARKS AND RECREATION CORPORATION COUNSEL TREASURER'S OFFICE CITY OF PONTIAC CONNEKTIV COMPANIES, LLC APPROVAL OF AGENDA Gary R. McGillivray, OCPRC Chairman (Non -voting capacity due to remote participation via Microsoft Teams) Melissa Prowse, Manager -Planning & Development Jim Dunleavy, Manager -Operations Zach Crane, Supervisor -Parks Engineering & Development Erik Koppin, Chief -Park Operations & Maint. — South District Donna Folland, Supervisor -Planning Jami Monte, Staff Assistant Jody Hall, Transactional Attorney Robert Wittenberg, Treasurer Jill Robinson, Property Specialist Tim Greimel, Mayor Khalfani Stephens, Deputy Mayor Dennis Griffin, Developer Long moved to approve the agenda, as presented. Seconded by Nash. Motion carried on a voice vote with Quarles absent. PUBLIC COMMENT None. PRESENTATIONS/RECOGNITIONS None. COMMUNICATIONS/REPORTS None. March 13, 2023 Page 2 REGULAR AGENDA ITEMS 1. CLOSED SESSION pursuant to MCL 15.268(d) — Farmers Market Discussion Smith Charles moved that the Oakland County Parks and Recreation Commission go into Closed Session for the purposes of discussion to consider the purchase or lease of real property. Seconded by Bagley. Motion carried unanimously on a roll call vote with Quarles absent. The Commission went into Closed Session at 1:13 p.m. The Commission reconvened in Open Session at 2:21 p.m. Discussion was had regarding the timeline for deciding on the Farmers Market improvements. UNFINISHED BUSINESS None. NEW & MISCELLANEOUS BUSINESS None. ANNOUNCEMENTS/ADJOURNMENT At 2:31 p.m., there being no further business to come before the Commission, the meeting was adjourned to April 4, 2023, or to the Call of the Chair. Ebony Bagley, OCPRC Secretary Jami Monte, Recording Secretary NOTE: The foregoing minutes are subject to Commission approval. RETURN TO AGENDA Oakland County Parks and Recreation Commission Agenda Item Memo Agenda #: F Department: Planning and Resource Development, Park Operations From: Donna Folland, Supervisor — Planning and Resource Development Tom Hughes — Chief Park Operations Subject: OCPR Dog Park Study - Information INTRODUCTION AND HISTORY Purpose of Dog Park Study OCPR has three dog parks: Orion Oaks (established in 2000); Lyon Oaks (2002); and Red Oaks (2010). This dog park study is part of an overall objective to periodically review the design and operation of a facility type within the Oakland County Parks system — in a manner that is informed by public engagement and recreational trends and is guided by the vision and values established by the Parks Commission. This study is a continuation of the research and evaluation conducted by an ad hoc Dog Park Work Group comprising Park Operations and Planning staff over the past several months. The last major survey of dog park users and research into dog park best practices and trends was done in 2016. This study will be followed up with recommendations to the Parks Commission for actions and improvements that will enhance the quality of the park experience for all visitors and advance the Core Values of OCPR. Questions and Issues to Address at OCPR Dog Parks • Core Vaues: Need to evaluate all dog park design and practices (current and proposed) related to OCPR Core Values ■ Accessibility Evaluation: Inconsistent design of 3 dog parks with varying levels of accessibility ■ Entry and Fees: Current management of both park and dog park entry through vehicle permit fees and evaluation of alternate methods for dog parks and parks ■ Doa Park Visitor Counts: Vehicle counts are merged for dog parks and parks which prevents accurate estimates for dog park visitor counts/trends; also problem with nonfunction vehicle counters; we are researching alternative methods to count visitors ■ Doa Park Cost Recovery Calculation: Fiscal data is merged for dog parks and parks which prevents accurate assessment of dog park cost recovery (these budget center programs will be split beginning FY2024) ■ Doa Incidents: There is a lack of clear data in tracking dog incidents; and there is the perception of increased frequency of dog incidents (not verified by data) ■ Doa Run Amenities: There is a lack of amenities within dog runs and a need for consistent amenities across 3 dog parks; provision of shade and water needs to be consistent across 3 dog parks — this was a top priority in 2016 surveys ■ Doa Licensina.: Difficulty in identifying licensed/non-licensed dogs and limiting access to licensed dogs; this could be resolved with alternative entry method and by partnering with OC Animal Shelter to support/encourage licensing ■ Trainina.: Dog behavior training for staff and patrons may help with management of dog incidents ■ Programs and Events: Currently little or no programs offered at dog parks; this was a low priority in 2016 survey but should be revisited with new study Next Steps and Timeline ■ Mav, June, and Julv: o Continue research into dog park best practices and evaluation of new practices. o Conduct dog park survey with random sampling intercept method administered by volunteers using both paper and pencil surveys and online surveys via QR code. Survey responses limited to users in each dog park and one IP address. ■ August: o Review results of survey with focus groups consisting of users of all three dog parks and ask targeted questions/discussions. Summarize responses. o Develop recommendations for OCPR dog parks ■ September: Present study results and recommendations to the Parks Commission. RETURN TO AGENDA Oakland County Parks and Recreation Commission Agenda Item Memo Agenda #: Department: Development & Engineering From: Zach Crane, Supervisor of Parks Engineering & Development Subject: Springfield/Lyon Cart Path Replacement PROJECT CATEGORIES Approval Type: Conceptual Approval ✓ Construction Approval General Approval Project Type: ✓ Capital Improvement Maintenance Enhancement EXECUTIVE SUMMARY Scope Lyon Oaks —Addressing cart path holes # 1,2,3,6,7,8,9,18 a. Pulverize, grade and shape HMA i. 12,562 LF (2.4 miles) b. Additional cart path LF proposed in FY24 budget c. Total of 38,000 LF of cart path (7.2 miles) d. Restoration/Soil Erosion Sediment Control measures Springfield Oaks — Addressing cart path holes # 3,6,7,10,11,12,13,14,15,16,17,18 b. Pulverize, grade and shape HMA i. 9300 LF (1.76 miles) c. New HMA cart path sections i. 2000 LF (0.38 miles) d. Additional cart path LF proposed in FY24 budget e. Total of 18696 LF of cart path (3.54 miles) f. Restoration/Soil Erosion Sediment Control measures 1. Need Cart paths require annual pavement maintenance repair work. The entire Cart path systems at both locations are at a critical point where annual placement maintenance repair work is not adequality addressing the asphalt issues. This project provides a large-scale investment at one time to limit golfer's disturbance during play. Lyon Oaks Golf Course cart paths were part of the original park development 2001. No large-scale investment has ever been made into either pathway system. Benefits of cart paths on golf courses include the following; a. Provide golfers using a cart with access to the course; protect the course from concentrated cart traffic. b. Minimize maintenance costs for fixing damaged areas due to golf cart traffic. c. Carts paths are especially important during periods of unfavorable weather when cart traffic would likely result in damage to the course. d. Cart Paths can act as a guide around a course — improves pace of play and golfers' satisfaction. e. Accommodate maintenance/emergency vehicles. Page 2 2. Review and approval history Date Description 9/2022 Approval — CIP Asset Management Plan 3. Funding a. Current FY2023 budgeted amount: i. LYG Golf Cart Paths Replacement $475,000 ii. SPG Golf Cart Paths Replacement $475,000 (1) Total Funding $950,000 b. Recommended total amount: i. Design/Engineering ii. Giffels-Webster Engineers $22,300 iii. Construction Award (1) Base Bid #1 (LYG) $444,460 (2) Base Bid #2 (SPG) $439,994 a. Award total $884,454 (3) 10% Construction Contingency $88,000 iv. Total Project Cost Recommendation: $994,754 (1) Amount available in the CIP plan $44,754 $44,754 funds available within the approved FY23 CIP to fund approved total project cost. ATTACHMENTS 1. Attachment A — Planning Review 2. Attachment B — Park Map STAFF RECOMMENDATION Staff recommends approval of a contract to True North Asphalt (Madison Heights, MI), in the amount of $884,454 for construction services for the Golf course cart path replacement project at Lyon and Springfield Oaks Golf Course, with a total project cost of $994,754. MOTION Move to approve a contract to True North Asphalt (Madison Heights, MI), in the amount of $884,454 for construction services for the Golf course cart path replacement project at Lyon and Springfield oaks Golf Course, with a total project cost of $994,754. Contents Project Identification and Management..................................................................................................................................2 StaffRecommendation............................................................................................................................................................2 ProjectDescription..................................................................................................................................................................2 ❑X Current Conditions and Project Need.........................................................................................................................2 ❑X Project Scope..............................................................................................................................................................2 ❑X Proposed Schedule and Funding.................................................................................................................................2 ❑X Alternatives.................................................................................................................................................................3 FacilityEvaluation....................................................................................................................................................................3 ❑X 5-Year Park Statistics...................................................................................................................................................3 ❑X Park Action Plan..........................................................................................................................................................3 ❑X Community Needs Assessment..................................................................................................................................3 ProjectEvaluation....................................................................................................................................................................4 ❑X Core Values Rating......................................................................................................................................................4 ❑X Core Values Rating Comments...................................................................................................................................4 ❑X Facility Impact Evaluation...........................................................................................................................................5 ProjectImplementation Plans.................................................................................................................................................5 ❑X Natural Resources Management................................................................................................................................5 ❑X ADA Compliance and Universal Access.......................................................................................................................6 ❑X Public Engagement — Not applicable..........................................................................................................................6 ❑X Communications and Marketing................................................................................................................................6 ❑X Recreation Programming — Not applicable.................................................................................................................6 Compliance and Permitting Reviews.......................................................................................................................................6 ❑X Environmental Regulations.........................................................................................................................................6 ❑X Grant Compliance.......................................................................................................................................................7 ❑X Other Property Restrictions........................................................................................................................................7 References...............................................................................................................................................................................7 Update: March 29, 2023 Project Identification and Management Park: Lyon Oaks and Springfield Oaks golf courses Budget center: LYG, SPG Asset name: Cart Path Project Name: Cart Path Replacement Project ID: 2123, 2125 Proiect Manager: Zach Crane, cranez@oakgov.com Planning Review coordinated bv: Simon Rivers, riverss@oakeov.com ; Donna Folland, follandd@oakeov.com Contributors: Jess Whatley, Sarah Cook-Maylen Date Created: 3/3/2023 Date of Last Update: 3/29/2023 Staff Recommendation Staff recommends proceeding with the design/engineering/bidding award to lowest qualified vendor for the Lyon and Springfield Oaks Cart Path Improvements (see 4/4/2023 Commission agenda item). Project Description ❑X Current Conditions and Project Need The Lyon Oaks golf course has the original asphalt cart paths that were developed in 2001. The Springfield Oaks golf course cart paths were last improved in 2001. Cart paths require annual pavement maintenance and repair work, including patching and crack filing. This project will replace a component of the asset that has reached the end of its life cycle. According to the American Society of Golf Course Architects, asphalt cart paths can be expected to last 5-10 years or longer assuming on -going maintenance beginning 1-2 years after installation (ASGCA). The cart path systems at Lyon Oaks and Springfield Oaks are at critical points in which annual placement/maintenance repair work are not adequately addressing the issues. This project provides large-scale investment at one time to limit golfer disturbance during play. ❑X Project Scope Scope of work for 2023 projects Lyon Oaks: Pulverize, grade, and shape hot mix asphalt (HMA) to address 12,562 LF of cart path (2.4 miles). Springfield Oaks: Pulverize, grade, and shape HMA to address cart paths at holes # 3, 6, 7, 10, 11, 12, 13, 14, 15, 16, 17, and 18 (see 4/4/2023 Commission agenda item). Add new cart path sections at Hole # 3, 6, 7, 11, 12, and 16. ® Proposed Schedule and Funding Funding for this project was budgeted in FY2023. Additional funding will be requested in FY2024. The projects will be started in 2023 and completed in 2024. Lyon Oaks: There is an additional 11,500 LF (2.2 miles) in the budget for FY24. The total cart path for Lyon Oaks is 38,000 LF (7.2 miles). Update: March 29, 2023 Springfield Oaks: The budget for FY24 contains additional funding for cart path replacement. The amount is to be determined. (OCPR, 2022) ® Alternatives ❑ No alternatives were considered. ❑X The following alternatives were considered: Pervious pavement and/or pavers were discussed; however, traditional paving was selected for this project. Pervious pavement would be more expensive, difficult to maintain, and would not significantly increase environmental sustainability and natural resources stewardship. ❑ Alternatives Study is attached. Facility Evaluation ❑X 5-Year Park Statistics Lyon Oaks Golf Course Target 2018 2019 2020 2021 2022 Cost Recovery 100% 107% 120% 102% 139% 116% Estimated Annual Visitors NA 32,140 35,658 24,698 40,718 28,180 Springfield Oaks Golf Course Cost Recovery 100% 84% 86% 78% 119% 117% Estimated Annual Visitors NA 27,568 28,248 23,687 29,472 27,778 ❑X Park Action Plan [Provide brief/summarized narrative from Rec Plan/ Park Action Plan or other section] Lyon Oaks. Lyon Oaks County Park is a 1,041-acre park in southwestern Oakland County in Lyon Township and the City of Wixom and opened in 2002. Lyon Oaks marks the first park in the system that was created for both day -use and a golf course. The challenging Arthur Hills -designed 18-hole golf course on 230 acres features an "up north" feel with wide fairways, wetlands, and ponds. A practice facility includes driving range, target greens and sand traps. The 2023 Lyon Oaks Park Action Plan recommends engaging a designer to update the golf course master plan to adapt to new information, adjust to trends, and plot the future of the golf course and driving range. Springfield Oaks. Springfield Oaks County Park is a 333-acre park located in the northwest quarter of Oakland County in Davisburg. Springfield Oaks is home to the historic Ellis Barn and annual Oakland County Fair. Across the street from the Activity Center and Ellis Barn lies Oakland County Parks and Recreation's first golf course. Springfield Oaks is a scenic 18- hole, par 71 course. The front nine is open and hilly, and the back nine is tighter, with more trees and water. The 2023 Springfield Oaks Park Action Plan recommends reconfiguring the golf course starting area to improve flow and safety, constructing boardwalks, and replacing golf course cart paths as needed. (OCPR, 1/26/2023) ❑X Community Needs Assessment [Provide brief/summarized narrative from Community Needs Assessment] (ETC, 2022) Update: March 29, 2023 According to the Community Needs Assessment of 2022, 13% of surveyed households have visited Springfield Oaks in the past 12 months, while 12% of surveyed households have visited Lyon Oaks in the past 12 months. Both Springfield and Lyon are in the bottom half of usage rates among Oakland County Parks. Additionally, 20% of Community Needs Assessment respondents have a need for 18-hole golf courses, 18% have a need for 9-hole golf courses, and 16% have a need for golf driving ranges. In other words, nearly 100,000 households in Oakland County have a need for 18-hole golf courses, more than 93,000 have a need for 9-hole golf courses, and more than 80,000 have need for golf driving ranges. 18-hole golf courses ranked 9th out of 40 parks and recreation facitilies most imprortant to households, as well as 71h in most often used facility. Furthermore, according to the Priority Investment Rating of parks and recreation facilities, 18- hole golf courses and golf driving ranges are medium priorities for investment, while 9-hole golf courses are a low priority. Generally, the needs of golf course users are being well met in Oakland County. Project Evaluation ❑X Core Values Rating Select only one rating per core value for impacts or changes to the existing conditions of the facility. Score 2 Project will significantly advance core Criteria value Diversity, equity, and inclusion ❑ Environmental sustainability and stewardship ❑ Health and wellness ❑ Fiscal responsibility and organizational excellence ❑ 1 0 -1 Project will have minimal Project will Project will positive have no negatively impact on impact on impact core core value core value value ❑ ❑X ❑ ❑ ❑X ❑ ❑ ❑X ❑ ❑X ❑ ❑ ❑X Core Values Rating Comments Provide comments on each core value rating and why it was selected. For projects with -1 rating, provide justification to do project or recommendations for not implementing. Diversity, equity, and inclusion: No impact. Previously paved paths are being re -paved. This will maintain, not increase, accessibility and inclusion. Environmental sustainabilitv and natural resources stewardship: No impact. Currently, the paths are paved with impervious materials. There is a discussion of using pervious pavement in the replacement of the cart paths. Pervious pavement would be more expensive, difficult to maintain, and would not significantly increase environmental sustainability and natural resources stewardship. Health and wellness: No impact. Fiscal responsibility and organizational excellence: Minimal positive impact. The negative impacts from construction will be minimized by scheduling, which will be structured to limit interference of play. Additionally, this project is time efficient and cost effective, as two parks will receive improvements through one RFP/contract. Update: March 29, 2023 ❑X Facility Impact Evaluation Checklist: (supply additional information for each checked item) ❑ New Asset: The project will create a new asset. NA ❑ Facility Enhancement: The project will enhance an existing asset. NA ❑ Structural Integrity: The project will stabilize the structure of an existing asset. NA ❑ Preventative Maintenance: The project will maintain an existing asset and prevent the accumulation of deferred maintenance. NA ❑X Life Cvcle Replacement: The project will replace a component of the asset that has reached the end of its life cycle. According to the American Society of Golf Course Architects, asphalt cart paths can be expected to last 5- 10 years or longer assuming on -going maintenance beginning 1-2 years after installation. (ASGCA) ■ The original cart paths at Lyon Oaks are 21 years old. They were constructed with the golf course in 2001. Cart path extensions added in 2008. (OCPR/FS, 2021) ■ Springfield Oaks cart paths that were in place when the park was acquired in 1966 are over 50 years old. They were improved in 1993, 1998, and 2001— the latest improvements to the cart paths was 22 years ago. Cart path extensions were added in 2006 and 2008. (OCPR/FS, 2021) ■ There has been extensive maintenance on the cart path systems at Lyon Oaks and Springfield Oaks; however, they are now at critical points in which annual placement/maintenance repair work are not adequately addressing the issues. ❑X Deferred Maintenance: The project will resolve deferred maintenance. Cart paths have been maintained and repaired on a regular basis. However, major maintenance and replacement of the asphalt cart paths has been deferred for several years. ❑ Health and Safetv: The project will resolve a situation that is a potential hazard to the health and safety of the public or park staff. NA ❑ Compliance: The project is required to comply with regulatory requirements or grant agreement requirements. NA ❑ Historical SiF-nificance: The project impacts an asset that is considered historically significant. NA [If checked, attach historical significance evaluation report]. Project Implementation Plans 0 Natural Resources Management Details: 0 Wildlife emergence: This project should utilize Eastern Massasauga Rattlesnake BMPs. ❑X Tree or plant materials removal: Trees or shrubs should not be trimmed or removed as part of this project. 0 Tree disease (e.g. oak wilt): Trees and shrubs should not be removed as part of this project. ❑X Invasive species: No invasive species should be impacted as part of this project, all equipment used on site should be decontaminated between site locations (moving off -site to on -site). 0 Equipment staging: Equipment should be staged on existing cart paths or golf areas, no natural areas should be used for staging. 0 Topsoil and seeding: Any topsoil should be free from invasive species and seed installed outside of current golf areas should be native. ❑ Long-term maintenance: NA ❑ Other: NA Update: March 29, 2023 0 ADA Compliance and Universal Access Details: 0 U.S. Access Board Guidelines: The guidelines for cart paths: "Providing an accessible route that complies with the [Americans with Disability Act Accessibility Guidelines] may be impractical throughout a golf course for several reasons. First, the route of play for a golfer is dependent on where the ball lands and is therefore unpredictable. "Second, requiring an accessible route throughout a course could alter the slopes within some courses and alter the nature of the sport by eliminating some of the challenge of the game. Therefore, a golf car passage may be substituted for an accessible route within the boundary of a golf course. A golf car passage is a continuous passage on which a motorized golf car can operate. While a golf car passage must be usable by golf cars, it does not necessarily need to have a prepared surface and may be part of a golf car path." (U.S. Access Board) Golf carts are provided with greens fees at Lyon Oaks and for an additional rental fee at Springfield Oaks. Adaptive single rider carts are available. Contact the course 72 hours prior to tee time to arrange cart availability. 0 Universal Access recommendations: "Ensure that golf courses are flexible enough to accommodate all users, including visitors of different ages, sizes and abilities, small and large groups, participants, and observers" (SUNY, 2003). Further evaluation of OCPR golf courses is needed in order to provide recommendations on advancing universal access. ❑ ADA Transition Plan date: NA ❑ Actions required by ADA Transition Plan: Lyon Oaks and Springfield Oaks cart paths have not been reviewed. 0 Public Engagement — Not applicable 0 Communications and Marketing Summary: Project manager to work with communications/operations staff to alert golfers to construction timeline and prevent hazards. 0 Recreation Programming —Not applicable Compliance and Permitting Reviews 0 Environmental Regulations Details: Compliance with the following environmental regulations and permits is required (check all that apply): 0 US Fish and Wildlife Service (USFWS) Eastern Massasauga Rattlesnake Implementation Plan (EMRIP) compliance: No USFWS or DNR compliance is necessary if the existing footprint is utilized for the project. EMR BM Ps should be implemented for these projects. 0 Michigan Department of Environment, Great Lakes and Energy (EGLE) wetland regulations: These projects should apply for SESC permits and may require EGLE permits. ❑ Road Commission of Oakland County (RCOC) right of way permitting: NA Update: March 29, 2023 0 Oakland County Water Resources Commission (WRC) soil erosion and sedimentation control (SESC) permitting: SESC permits should be obtained for this project. 0 Grant Compliance ❑ There are no grant agreements related to this asset 0 Proposed project complies with grant agreements: Update to existing cart paths does not impact outdoor recreation purpose of existing grant agreements. ❑ Further review with granting agencies is required. Not applicable. 0 Other Property Restrictions ❑ There are no known property restrictions or encumbrances related to this asset 0 Proposed project complies with documented property restrictions or encumbrances. Update to existing cart paths does not impact outdoor recreation purpose of existing easements or restrictions. Conservation easement at Lyon that does not affect this project. ❑ Communication with easement holder or other entity is required. Provide details and cite documents and language. References ASGCA. (n.d.). Life Cycle Chart. Brookfield WI: American Society of Golf Course Architects. Retrieved 03 24, 2023, from https://asgca.org/wp-content/uploads/2021/03/asgca-life-cycle= _final.pdf ETC. (2022). Oakland County Parks and Recreation Community Needs Assessment Survey. Waterford MI: Oakland County Parks and Recreation Commission. Retrieved from https://www.oakgov.com/parks/getinvolved/Documents/OCPR.RecPlan2O23.AppendixA.CommAssess.ETC.pdf National Disability Authority. (2020). What is Universal Design - The 7 Principles. Retrieved from Centre for Excellence in Universal Design: https://universaIdesign.ie/what-is-universal-design/the-7-principles/ OCPR. (1/26/2023). 5-Year Parks and Recreation Master Plan 2023-2027. Waterford MI: Oakland County Parks and Recreation Commission. Retrieved from https://www.oakgov.com/parks/getinvolved/Documents/OCPR.RecPIan20232027.Adopted.pdf OCPR. (2022). Approved FY2023 Capital Improvement Program. Waterford MI: Oakland County Parks and Recreation Commission. Retrieved from https://www.oakgov.com/parks/getinvolved/Documents/OCPR.CIP.2023.pdf OCPR/FS. (2021). Fixed Asset Report. Waterford MI: Oakland County Parks and Recreation - Fiscal Services. SUNY. (2003). The NYC Guidebook to Accessibility and Universal Design. Buffalo NY: Center for Inclusive Design & Environmental Access, University at Buffalo, State University of New York. Retrieved 03 24, 2023, from https://www.nyc.gov/htmI/ddc/downloads/pdf/udny/udny2.pdf U.S. Access Board. (n.d.). Chapter 10 - Golf Courses. Retrieved 03 24, 2023, from https://www.access- board.gov/ada/guides/chapter-10-golf-courses/ Update: March 29, 2023 v) a� a� 0 L Q Cz n L Cz U U) CM Cz 0 U) n Cz U U) ca O 0 CD M co N U N 0 i Q 06 0 U Cz O M co t9 0 0 co CD LEGEND OJO 00.000.000.00.0.00.00440000.004 � � � 0 250' 500' SCALE: 1" = 250' gi ff le I s,., 0. Webster Engineers Surveyors Planners Landscape Architects 1025 East Maple Road Suite 100 Birmingham, MI 48009 p (248) 852-3100 f (313) 962-5068 www.giffelswebster.com Executive: J.R.W. Manager: J.R.W. Designer: J.P.K. Quality Control: J.R.W. Know what's below. Call before you dig. DATE: ISSUE: 02/08/23 ISSUED FOR BIDDING Developed For: OAKLAND COUNTY PARKS & REC 2800 WATKINS LAKE ROAD WATERFORD, MI 48328 OVERALL LAYOUT LYON OAKS GOLF COURSE CART PATH IMPROVEMENTS LYON TOWNSHIP OAKLAND COUNTY MICHIGAN Date: 01.31.23 Scale: AS SHOWN Sheet: 3 of 11 Project: 16834.70 Copyright © 2023 Giffels Webster. No reproduction shall be made without the prior written consent of Giffels Webster. v� a� E a� 0 ca n ca U (D Cz 0 Cn Cz n Cz U U) ca O a) 4— .Q M co N U N 0 i Q 06 0 U Cz O M t9 0 0 co Cfl V\ NO 6 LEGEND NEW PAVING REPAVING a 0 150' 300' SCALE: 1' = 150' giffels Webster Engineers Surveyors Planners Landscape Architects 1025 East Maple Road Suite 100 Birmingham, MI 48009 p (248) 852-3100 f (313) 962-5068 www.giffelswebster.com Executive: J.R.W. Manager: J.R.W. Designer: J.P.K. Quality Control: J.R.W. Know what's below. Call before you dig. DATE: ISSUE: Developed For: OAKLAND COUNTY PARKS & REC 2800 WATKINS LAKE ROAD WATERFORD, MI 48328 OVERALL LAYOUT SPRINGFIELD OAKS GOLF COURSE CART PATH IMPROVEMENTS SPRINGFIELD TOWNSHIP OAKLAND COUNTY MICHIGAN Date: 02.01.23 Scale: AS SHOWN Sheet: 3 of 13 Project: 16834.69 Copyright © 2023 Giffels Webster. No reproduction shall be made without the prior written consent of Giffels Webster. RETURN TO AGENDA Oakland County Parks and Recreation Commission Agenda Item Memo Agenda #: 2 Department: Engineering & Development From: Zach Crane, Supervisor of Engineering and Development Subject: Springfield Livestock Barn Fan Project INTRODUCTION AND HISTORY The Oakland County Fair Association has requested Installation of two (2) high efficiency ceiling fans inside livestock barn at Springfield Oaks County Park. The Oakland County Fair Board will pay for all costs associated with the project including any permit and licenses. The approximate total value of the project is $15,905. Staff has reviewed this proposed plan and find no issues. The project will become part of the County facility and be incorporated into the OCPRC Asset Management Plan for future maintenance. ATTACHMENTS 1. 5th Amendment (4-H Fair Assn) 2. Exhibit A STAFF RECOMMENDATION Staff recommends approving the attached amendment to the Oakland County Fair Board agreement and forwarding to Oakland County Board of Commissioners for approval. MOTION Move to approve the attached amendment to the Oakland County Fair Board agreement and forward to Oakland County Board of Commissioners for approval. FIFTH AMENDMENT TO THE AGREEMENT BETWEEN OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND OAKLAND COUNTY 4-11 FAIR ASSOCIATION This Fifth Amendment (5th Amendment) is entered on April 4' 2023, between the County of Oakland, by and through its statutory agent the Oakland County Parks and Recreation Commission ("OCPRC'), located at 2800 Watkins Lake Road, Waterford, MI 48328 and the Oakland County 4-H Fair Association ("Association"), located at 12451 Andersonville Road, Davisburg, MI 48350. BACKGROUND A. The Parties entered into an Agreement on January 1, 2017 that provided for the following: (1) lease of the Springfield Oaks Administrative Building/Building E; (2) Cooperative Fair Agreement; (3) license for indoor vehicle/boat storage; and (4) license for use of Springfield Oaks Activity Center Kitchen (hereinafter " Original Agreement"). B. The Parties have entered into three amendments: (1) the 1st Amendment on May 25, 2017 for the re -paving of certain grounds at the Springfield Oaks Activity Center; (2) the 2nd Amendment on April 19, 2018 to assist with the costs and labor associated the Springfield Oaks Activity Center water quality project, which included the following: (a) drilling of a new well; (b) electrical work to operate the new well; and (c) construction of a new well house; (3) the 3rd Amendment on December 18, 2020 for improvements to the heating, ventilation, and air conditioning system for the Springfield Oaks Activity Center; and (4) the 0 Amendment on May 20, 2022 for repair and improvements to the George M. Hager Memorial Garden on the grounds of Springfield Oaks County Park. C. The Original Agreement, 1st Amendment, 2nd Amendment, 3rd Amendment, 0 Amendment, and 5th Amendment shall be collectively referred to as the "Agreement." D. The Association and OCPRC desire to install ceiling fans inside Livestock Barn (hereinafter "Project"). E. The Association has offered to pay for all costs associated with the Project including any permits and licenses, with an approximate total value of fifteen thousand nine hundred and five dollars ($15,905). F. In consideration of the mutual covenants and benefits contained herein, the Parties agree as follows: 5th AMENDMENT §1. Background. All statements contained in the "Background" are incorporated into the 5th Amendment. §2. Description of Project. The Project shall consist of the following work: 2.1. The installation of ceiling fans inside Livestock Barn as set forth in Exhibit A to this 5th Amendment. Exhibit A is incorporated into this 5th Amendment. Pagel of 2 5th Amendment Final Version 2.2. Once installed, the Project shall become the property of OCPRC. §3. Project Responsibilities. 3.1. The Association shall perform all work associated with the Project. 3.2. The Association shall have all Project plans approved by OCPRC Staff before work is started. 3.3. The Association shall pay for all costs associated with the Project. There shall be no costs to OCPRC for this Project. 3.4. The project will become part of the county facility and incorporated into OCPRC asset management plan for future maintenance. §4. Continuation of Agreement Terms and Conditions. All other terms and conditions of the Agreement shall continue with full force and effect, except as modified herein. §5. Entire Agreement. The Original Agreement and the 1", 2nd, P, 41n, and 5t' Amendments constitute the entire agreement and understanding between OCPRC and Association and supersede all other prior oral or written understandings, communications, or agreements between OCPRC and Association. THE COUNTY OF OAKLAND: David T. Woodward, Chairperson, Date Oakland County Board of Commissioners THE OAKLAND COUNTY 4-H FAIR ASSOCIATION: By: Date Page 2 of 2 5�h Amendment Final Version Date of Estimate: 1 /1 1 /23 Project: Livestock Barn Fans Bill to Name: Oakland County Fairgrounds Bill to: Ship to Name: Ship to: Customer Pickup Contact Name: Ryan Hart Contact Phone: 248-431-4582 Contact E-Mail: rhart@oakfair.gov GENERAL INFORMATION: Salesperson: Sean Sullivan Phone: 586.806.5107 E-Mail: ssullivan@skybladefans.com Fax: 586.806.5109 COMMENTS: Price does not include taxes, shipping, or installation unless otherwise noted. SkyBlade installs! Please ask your sales person for details! PAYMENT TERMS: Payment due before release. 2 LIDD-1236-512-1 1273.6M Fan. 11 OV (108-132 VAC) @ 50-60Hz-1 Ph 2 Single Yoke-DD Manual, Direct Drive Single -Fan Control, (1) 100ft of Wire Supplied 1 FCI Level 2 Factory Certified Installation -Mechanical & Electrical (see FCI L2 forscope) 2 Warranty Bronze-DD Direct Drive Bronze Level Warranty Option Install price includes off road manlift Additional shipping services, limited access, construction sites, residential sites, reconsignments & accessorials are not included in our freight quotes and will be billed separately. Before signing this document, verify that the content you are signing is correct. Billing/Shipping address ❑ Quantity & Models ❑ Correct Voltages ❑ Payment Terms Accepted by: Date: Please printname By signing this quote, you acknowledge that you have carefully read and confirm its accuracy. Signature: $7,888.00 $464.00 $7,640.00 Free w/ level 2! Subtotal $15,992.00 Tax Shipping: $ - TOTAL $ 15,992.00 Date of Estimate: 1 /1 1 /23 Ship to Name: Project: Livestock Barn Fans Ship to: Customer Pickup Bill to Name: Oakland County Fairgrounds Bill to: Contact Name: Ryan Hart Contact Phone: 248-431-4582 Contact E-Mail: rhart@oakfair.gov GENERAL INFORMATION: Salesperson: Sean Sullivan Phone: 586.806.5107 E-Mail: ssullivan@skybladefans.com Fax: 586.806.5109 COMMENTS: Price does not include taxes, shipping, or installation unless otherwise noted. SkyBlade installs! Please ask your sales person for details! PAYMENT TERMS: Payment due before release. 2 TBP-1236-812-1 12'/3.6M Fan. 1 15V (108-132 VAC) @ 50-601­1z, 1 Phase 2 Single Yoke-DD Manual, Direct Drive Single -Fan Control, (1) 100ft of Wire Supplied 1 FCI Level 2 Factory Certified Installation - Mechanical & Electrical (see FCI L2 for scope) 2 Warranty Bronze-DD Direct Drive Bronze Level Warranty Option Install price includes off road manlift Additional shipping services, limited access, construction sites, residential sites, reconsignments & accessorials are not included in our freight quotes and will be billed separately. Before signing this document, verify that the content you are signing is correct. Billing/Shipping address ❑ Quantity & Models Correct Voltages ❑ Payment Terms Accepted by: Date: Please print name By signing this quote, you acknowledge that you have carefully read and confirm its accuracy. Signature: $7,801.00 $464.00 $7,640.00 Free w/ level 21 Subtotal $15,905.00 Tax $0.00 Shipping: $ - TOTAL $ 15,905.00 24501 Hoover Road, Warren, MI 48089 USA 1 586,806.5107 www.skybiodefons.com 4t EXHIBIT A Customer: Oakland County Fairgrounds Project Name: Livestock Barn Fans GEARBOX FANS Contact: Sean Sullivan E-Mail: ssullivan@skybladefans.com Phone: 586.806.5107 Fax: 586.806.5109 DIRECT DRIVE FANS y.r STOL SERIES FANTOM SERIES PREMIER 6-BLADE PREMIER 6-BLADE �,__-.�y ••r I - D3 SERIES ECONOMIC 3-BLADE EPPLER SERIES ECONOMIC 5-BLADE { TURBOPROP SERIES PREMIER 8-BLADES ST3 SERIES ECONOMIC 3-BLADE SHOP PROP SERIES ECONOMIC 5-BLADE _ MADE 'NUS►A MINI PROP SERIES ECONOMIC 3-BLADE , - �J' J EXHIBIT A sKYaLADE - Co. TYPICAL APPLICATIONS Warehouses Aviation Manufacturing Facilities Fitness Centers • Compliments existing systems • Reduce condensation, corrosion and mold • Save 20 to 30% on energy costs • Quiet operation Assembly Halls Auto Service Facilities Agricultural Facilities Wineries/Breweries • Reduces AC usage • Evaporative cooling • Increases employee comfort and productivity • Alternative to air conditioning Custom match your application with any color using the RAL Color Spectrum. WHY CHOOSE THE PROP SERIES? F PROP Series premier HVLS fans are perfect ; for smaller spaces such as patios, restaurants, breweries, gyms, etc. Choose from 3, 5, or 8 I l! blade models. The direct drive system allows this family of fans to operate incredibly quiet. Feel confident with a standard limited five-year motor warranty and lifetime on blades and hub. Controller options from single to complete building integration are available. 71 24501 Hoover Road, Warren, MI 48089 USA 1 586.806.5107 rwvw.Wbladefons.com EXHIBIT A DESTRATIFICATION • Reduce energy costs up to 30% by minimizing the temperature differential from the ceiling to the floor • Eliminate hot/cold layers • Maintains comfort levels throughout building • Improved employee comfort • Noise produced when operating is close to that of an average library • Less run time on existing HVAC units SEMINARS & PRESENTATIONS • Online WebEx training seminars and presentations are available. • Factory presentations are available. • Please contact SkyBlade Fan Company to schedule an appointment. STANDARD TERMS r PERCEIVED r f j TO BE Id to )SIP COOLER COOLING • Create constant airflow to reduce perceived temperatures by 10 to 15°F • Maintains comfort levels throughout the building • Improved employee comfort • More energy efficient than average small high speed fans with much higher air volumes • Can reduce energy bills by up to 30% when paired with an existing cooling system • Minimizes humidity and condensation CERTIFICATIONS &- 0 C E 0- Intertek • ETL Certification with US and Canada. • Certification of Europe. • C-Tick Compliance of Electrical Equipment. Meets EMC Standards. • Standard UL 507: Electric Fans. • Standard CSA C22.2 #113: Fans and Ventilators. • Patent pending on STOL Series: Hub. Blades, and Wingtips. Pricing is valid for 30 days from date of quotation. Quoted shipping and handling charges are estimated. Buyer is required to notify SkyBlade Fans individual site requirements at time of quote as it may change freight estimate. It shipping instructions are not specified, skyBlode's standard shipping practices are to ship pre -pay and add the most economical option for all shipments. The purchaser must ensure that product specifications match field installation requirements. Product recommendations are based on the specifications communicated to the company. SkyBlade will not be held accounlable for any inaccuracies or oversights between what is communicated and what is field required. The purchaser assumes liability for oil costs of returning or exchanging products that did not meet field requirements. Factor/ quotations are provided as a complimentary service. Please double check all quantities, model numbers and pricing for accuracy. Any deviations from standard product types and/or quantities will be deemed add -on items and will be priced separately. Custom orders are non-refundable. Customers approved for term credit may make scheduled payments via check. money order, wire transfer or ACH without additional fees. Credit card payments will be subject to a processing fee. Customer must thoroughly inspect shipment for any damaged, and/or missing items. Claims must be submitted to SkyBlade Fan Company within 48 hours of delivery. Otherwise, any damaged or missing Freight will be considered their property and a claim cannot be filed. Although unlikely mechanical resonance is a possibility in all HVtS tans. In such case, the SkyBlade factory can be contacted for reprogramming procedures. 24501 Hoover Road, Warren, MI 48089 USA 1 586.1106.5107 wvwv.skyhladefans.com RETURN TO AGENDA Oakland County Parks and Recreation Commission Agenda Item Memo Agenda #: 3 Department: Administration From: Thomas J. Hughes, Chief of Park Operations and Maintenance — North District Subject: 2023 OCPR Rules and Regulations INTRODUCTION AND HISTORY Oakland County Parks and Recreation staff annually review the park rules and regulations. Recommendations for changes are based on input from staff on reoccurring issues that have an impact on the park experience, the safety of guests, and the safety of park staff. Park staff have worked with Corporation Council to revise the current General Information & Regulations for 2023. Revisions have been made to the following sections: Section 3. Use/Reservation Commission Property Section 6. Camping Section 7. Boating Section 13. Personal Conduct Section 14. Metal Detectors Section 36. Consumption and Sale of Alcoholic Beverages Additionally, the Commission's Authorized Agent has been changed from Commission Executive Officer to Commission Director in the Rules & Regulations for 2023. ATTACHMENTS 1. 2023 Rules and Regulations — Redlined 2. 2023 Rules and Regulations — Clean STAFF RECOMMENDATION Staff recommends the Commission approve the revisions to the Rules and Regulations and forward to the Oakland County Board of Commissioners for final approval. MOTION Move to approve the revisions to the 2023 Oakland County Parks and Recreation Rules and Regulations and forward to the Oakland County Board of Commissioners for final approval. Oakland County Parks and Recreation Rules and Regulations OaklandCountyParks.com Page 1 2022 20,' Park Rules Contents Page Section 1. HOURS 3 Section 2. FEES AND CHARGES 3 Section 3. USE/RESERVATION OF COMMISSION PROPERTY 3 Section 4. EMERGENCY POWERS 3 Section 5. SWIMMING, BATHING AND WADING 4 Section 6. CAMPING 4-7 Section 7. BOATING 7-8 Section 8. MOTOR -DRIVEN VEHICLES 8 Section 9. OPERATION OF OFF -ROAD VEHICLES (ORV) 8-10 Section 10. PARKING IN PROHIBITED AREAS 10 Section 11. OPERATION OF BICYCLES 11 Section 12. SKATING, COASTING AND SKIING 11 Section 13. PERSONAL CONDUCT 11-12 Section 14. METAL DETECTORS 12 Section 15. USE OF LOUDSPEAKER/EXCESSIVE NOISE 12 Section 16. PUBLIC EXHIBITION 12 Section 17. HUNTING, FISHING AND TRAPPING 12-13 Section 18. DESTRUCTION OF PLANT LIFE AND NATURAL SURROUNDINGS 13-14 Section 19. LITTERING AND POLLUTION OF PROPERTY OR WATERS 14 Section 20. FIRES 14 Section 21. DESTRUCTION OF BUILDINGS, MARKERS, MONUMENTS, AND OTHER PROPERTIES 14 Section 22. CONTRABAND 14 Section 23. FIREARMS 14 Section 24. FIREWORKS 15 Section 25. PEDDLING AND SOLICITING 15 Section 26. ANIMALS AND BIRDS 15-16 Section 27. UNMANNED AIRCRAFTS, HOT AIR BALLOONS, AIRPLANES AND PARACHUTES 17 Section 28. UNLAWFUL OBSTRUCTION 17 Section 29. HINDERING EMPLOYEES 17 Section 30. RESISTING COMMISSIONRARK EMPLOYEES 17 Section 31. IMPERSONATING COMMISIONPARK EMPLOYEES 17 Section 32. FINES AND IMPRISONMENT 17 Section 33. SPECIAL USE AREAS 17 Section 34. FREE SPEECH 17-18 Section 35. PHOTOGRAPHY, VIDEO, AND AUDIO RECORDING 18 Section 36. CONSUMPTION AND SALE OF ALCOHOLIC BEVERAGES 18-19 Definitions 20 INDIVIDUALS WITH DISABILITIES: No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of Oakland County Parks, or be subjected to discrimination by Oakland County Parks and Recreation. Pursuant to Public Act 261 of 1965, MCL 46.351 et, seq., of fho o hrp oPts of fho cf,fo of Michigan of 1965 as amended, the Oakland County Parks and Recreation Commission hpr�^ fh promulgates and publishes the following rules for use, protection, regulation and control efaN of its services, facilities and parks, recreation, conservation, education, historic, and -scenic areas, and -preserves, and parkways. Page 2 2022 20,' Park Rules IMPORTANT -- VIOLATIONS OF ANY OF THE PARK RULES MAY BE CAUSE FOR REMOVAL FROM THE COMMISSION PROPERTY AND PARK. WITH NO REFUND OR RAIN CHECK. PREVIOUS PARK RULE VIOLATIONS MAY IMPACT A PERSON'S ABILITY TO RESERVE/RENT COMMISSION PROPERTY IN THE FUTURE. VIOLATORS MAY ALSO BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES. SEE SECTION 13. Section 1. HOURS No person shall remain on Commission Property between 30 minutes after sunset and 7 a.m., except at designated areas or as approved by the Commission Director. Provided however, that upon applisatien to thommiooian-or ito outharize`t agent sand fours may be exteR d No person shall enter Commission Property that is closed to the public. Section 2. FEES AND CHARGES No person or entity shall use any Commission Property for which a fee/charge has been established by the Commission without payment of such fee or charge, unless approved by the Commission or other written agreement or permit. If an Annual Park Permit is required for entry on Commission Property, the Annual pPark pPermits must be permanently affixed to a vehicle windshield; and each vehicle is required to have a separate pPermit. Section 3. USE/RESERVATION OF COMMISSION PROPERTY 1. Persons or entities may reserve, for exclusive use, Commission Property open to the public. Application to reserve Commission Property for exclusive use, e.g., to hold special events, tournaments, or races, shall be made upon forms furnished by the Commission. Persons reserving Commission Property will he expeGted t^shall sign a Permit/Agreement provided by the Commission. Permits/ greements for mere than se�iven-dayc muff be approved by the Commicv. Permits/Agreements fer seven days v,3o mr.`, he approved by the emmissien Exer�i �ti„e nffinor, pursuant to Sommicrr✓enl i' 2. In the event more applications to reserve Commission Property are received than space available, such applicants shall be considered in the chronological order received. 3. Users of reserved Commission Property shall comply with all Rules and policies of the Commission relating to use and conduct on Commission Property. 4. Persons reserving Commission Property may not erect or construct anything above, across or beneath Commission Property without prior approval from the Commission Director authorizing such erection or construction. 5. Notwithstanding any of the provisions hereof, the Commission may, upon written application, grant specific permits/agreements for special uses when, in the opinion of the Commission, special consideration is warranted. Section 4. EMERGENCY POWERS Nothing in these Rules shall: 1. Prohibit or hinder duly authorized agents of the Commission or any peace officers from performing their official duties; or Page 3 2022 2023 Park Rules 2. Prohibit the Commission or GeMM;SS;^n orepert Park Supervisors from establishing emergency Rules required to protect the health, welfare, and safety of park Persons on Commission Property, protect Commission Property, and maintain order. Page 4 2-022 2023 Park Rules Section 5. SWIMMING, BATHING AND WADING 1. No person shall: a. Swim, bathe, wade, or scuba dive in any of the watercourses, lakes, ponds, or sloughs located within or upon Commission Property, except at such times and places as may be provided or designated for such purpose. Persons must abide by posted swim Rules; b. Carry any glass container on any beach or in the water adjacent thereto; or c. Use any flotation devices, inflatable or otherwise, in any watercourses, lakes, ponds, or sloughs on Commission Property, except in specifically designated areas where posted. 2. General Waterpark Rules a. Glass containers are prohibited inside the waterparks. b. Lifejackets, tubes, chairs, tables, shaded areas, and charcoal grills are provided on a first come, first -served basis. Tubes must remain in the pool area and may not be taken to picnic areas. Chairs and tables may be used by waterpark patrons who are present in the waterparks. Chairs and tables may not be held for anticipated patrons. c. Outside inflatables, chairs, umbrellas, tents, and/or grills are prohibited except that waterpark patrons may bring in hand-held umbrellas used for sun protection and personal flotation devices, approved by the United States Coast Guard with the stamped seal. d. Balls and/or Frisbees are not permitted inside the waterparks. e. Only personal radios are allowed in the waterpark and may only be listened to via headphones. Playing a stereo/radio with speakers is not allowed. f. Swim attire worn by waterpark patrons must comply with all local and state laws, rules, and regulations. g. Waterpark patrons must follow all other waterpark posted Rules and procedures. (A full listing of waterpark Rules may be found online at Oakland CountyParks.com.) Section 6. CAMPING GENERAL CAMPING 1. Registration. Upon arrival at a campgroundpa-rk, the nark pa person shall register for and/or be checked in on a campsite. 2. Reservable Campsites. On a reservation campsite, a reservation may be made for up to 30 consecutive nights, and reservations are allowed up to 11 months (335 calendar days) in advance of the arrival date. 3. Walk -In Campsites. Walk-in campsites are available on a "first -come, first -served" basis. a. Registration. For a walk-in campsite, a park patranPerson may register or renew for up to 30 consecutive nights. b. Renewals. For a walk-in campsite, a park patro-RPerson may request renewal of their campsite by the due -out time on the day their registration expires. Once a campsite is vacated the site will become available for rent. Page 5 2-022 2023 Park Rules 4. Camper Vehicle Pass. Every vehicle registered at a campground must display the a camper vehicle pass on the driver's side of the windshield while the vehicle is on On the parkCommission Property. There is a limit of two vehicles per campsite. 5. Assignment of Sites. All Earnpers Persons are assigned to a campsite. Camosite&te changes must be approved by CommissionPa_k Staff. 6. Parking of Trailers. The tongue of the camping trailer hitch must face the road. This allows for quick removal in case of an emergency or to prevent "boxing in" trailers. All camping units must be backed in unless they are parked within an authorized group camping area or in pull -through sites. 7. Occupancy of Campsite a. Each campsite is limited to immediate family members of the park patronPerson reserving the campsite or up to four unrelated persons ages 18 years or older. b. Any child under age 18 must be accompanied by a parent or legal guardian. Children shall not be left unattended. c. Only one camping trailer and one tent OR only two tents and no trailer will be permitted per campsite. d. Campers Persons shall not do any of the following: (1) allow other persons to use their campsite; (2) transfer campsite permits or camper vehicle passes and equipment to other persons or vehicles; or (3) mow or perform other landscaping services at a campsite. e. Outdoor toilets and outdoor showers are prohibited. f. Portable fire pits are prohibited. 8. Visitors/Non-Campers. All non -campers must pay the day -use entrance fee per vehicle. Vehicles will be parked in the day -use lot or designated parking areas. No non -campers will be allowed in the campground between 10 p.m. and 8 a.m. 9. Domestic Animals. Domestic animals are permitted at the campgrounds, but must be kept indoors (inside a tent or camper) or on a six-foot leash. a. Animals may not be left unattended (even if kept inside a tent or camper) and are not allowed at or near cabins or yurts. b. Owners or caretakers must pick up all animal waste/droppings. c. All other rules regarding animals contained in Section 26 must be followed. 10. Quiet Hours. Quiet hours are observed at all campgrounds from 11 p.m. to 7 a.m. No power generators shall be operated between11 p.m.-7 a.m. Trails, playgrounds, and other day -use areas close at sunset. 11. Water Outlets. Water outlets are available to obtain water for use at campsites only. Washing of vehicles/campers, clothes, animals, or your person at these outlets is prohibited. No hose shall be permanently attached to any water outlet. 12. Hose Splitters. Hose splitters are not allowed to be attached to any water spigot or hose per the Oakland County Health Department. 13. Back Flow Nozzles. Back flow nozzles shall not be removed from any water spigot or hose per Oakland County Health Department. 14. Wastewater. All grey/wastewater must be disposed of at the designated dump station(s) per the Oakland County Health Department Sanitary Code Section 4.1, which states: "Under no conditions shall Sanitary Sewage from any structure be deposited upon the surface of the ground, into roadside ditches, watercourses, Page 6 2-022 2023 Park Rules inland lakes, or into any closed drain other than a Sanitary Sewer." Page 7 2022 20,' Park Rules 15. Portable Waste Tanks. Portable tanks may only be connected to a camping unit while in the process of emptying onboard holding tanks. A Personcamper be present and in view of portable tanks during the emptying process. 16. System Leaks. Camping Units with grey/wastewater leaks must be repaired immediately or be removed from Commission Property until the leak has been fixed. 17. Golf Carts. Golf carts are prohibited for use in campgrounds, including the campground roads and pathways. Persons with disabilities may use golf carts only if needed as a mobilitv aid and the qolf cart is used only by or for such persons. See Section 8: Motor -Driven Vehicles for additional information and rules. 18. Electric/Motorized Toys. Dark visit„rsA Person may utilize electric driven devices such as scooters, hoverboards, and Power Wheels on their registered campsite and pathways. No such devices are to be operated on park roads. Electric motor bikes must adhere to rules in Sections 8 and 11. 19. Bird Feeders. Park „isit„rsA Person may not feed birds or other wildlife at any time. This includes bird feeders attached to or around recreational vehiclesRvs and trailers at campgrounds. 20.Off-Road Vehicles (ORV). Off Road Vehicles are prohibited from operating within the Campgrounds per MCL:324.81122. Only street -licensed registered vehicles may operate on campground roads. 21. Clotheslines. Clotheslines must be removed at sundown. At no time shall a clothesline be attached to any electrical or lot posts, trees, fences, etc. 22.Trash/Cleanliness of Campsite. Trash shall be placed in provided dumpsters. Campsites shall be kept clean at all times. On -site trash pickup is not offered at any campsites (including full hook-up, water and electric, and group areas). 23. Large Electrical Appliances. RefrigeFatem and other - Large electrical appliances, includinq but not limited to refrigerators, freezers, and stfoves are not permitted outside trailers or recreational vehicles. 24. Firewood. Firewood may be purchased at campgrounds, based on availability. PersonsCampers may bring their own firewood if it is free from pests. Campers Persons may not pickup wood from Commission Property to burn. {SSee Section 18 for more details). 241-25. Condition of Campsite Upon Leavinq. Campsites must be cleaned before leavinq and left in the same condition as found. CABIN & YURT RENTAL 1. Smoking or using any vapor -producing product, such as an e-cigarette or similar device, is not allowed in any cabin or yurt. 2. Cooking is not permitted inside cabins or yurts. 3. Gas or electric portable heaters are not allowed inside or around the -cabins or yurts. 4. Cabins and yurts must be cleaned before leaving and left in the same condition as found. 5. No tents are allowed at cabins or yurts. 6. Occupancy is limited to the capacity of each cabin or yurt as specified by the Commission staff. 7. All Garnpers-Persons must follow all other camping Rules contained in this sSection. 8. Except for service animals, no animals are allowed at or in cabins or yurts. Page 8 2-022 2023 Park Rules ORGANIZED CLUB/GROUP CAMPING 1. A group or organization will be assigned to designated group areas only through advance reservations. 2. Groups of Gampers-Persons may be required to share a pavilion with other groups or organizations in the same area. 3. All Gampers-Persons must follow all other camping Rules contained in this section. YOUTH ORGANIZATION CAMP 1. A youth organization camp is a group of youths ages 17 and younger, who are members of a legal entity/organization, camping with their adult (age 18 years or older) leaders. 2. Youth organization camp area must be reserved in advance. 3. Campers Persons will be placed in an organized campground area. Each group must have one adult leader for every five youths. 4. Independence Oaks County Park youth organization camp shall have tent camping only, unless a trailer or camper will be used as a first aid station or headquarters. 5. No trenching around tents. No ground fires are permitted except in designated fire circles. 6. All EampeFs-Persons must follow all other camping Rules contained in these rules and regulations. CONTINUOUS WALKING OR CRUISING IN OR NEAR CAMPGROUNDS It shall be unlawful to continuously walk or cruise in any motor -driven vehicle in, though, and around campgrounds for the purpose of attracting or distracting pPersons using campsites or for the purpose of using a boat ramp, beach building, or other camping facility, except registered GapPersons to a specific registered campsite. Section 7. BOATING 1. No person shall launch any boat, yacht, canoe, raft, paddle board or other watercraft from any Commission Property, except at such time or place as may be provided or designated for such purpose. 2. No watercraft shall be docked overnight on any boat docks on Commission Property. 3. All watercrafts shall comply with and be used in compliance with Public Act 451 of the P bInG AGts of the State of MinhigaR of 1994, as amended, and such regulations as may be adopted. 4. United States Coast Guard approved individual flotation jacket or vest must be properly worn by all occupants of a watercraft. beat. Air mattresses, inner tubes, and other flotation devices are prohibited, except in designated swimming areas. Belly boats and other specialty flotation equipment may be used. 5. No gasoline -powered watercrafts shall be launched from any Commission Property, unless approved by the Commission Director. Watercrafts powered by electric motors that are launched from Commission pPropertly shall not exceed 24-foot pounds of thrust/24-volt system. 6. To prevent the spread of aquatic nuisance species, when entering and exiting Commission waters, pPersons shall: (a) inspect their watercraft, trailers, motors, and Page 9 2-022 2023 Park Rules accessory equipment and remove any aquatic plants and animals and (b) remove all drain plugs and drain all water from bilges, ballast tanks, and live wells. Section 8. MOTOR -DRIVEN AND ELECTRIC VEHICLES 1. No person shall operate a motor-driven/electric vehicle of any kind or nature, including but not limited to any motor -driven sled, toboggan, snowmobile, bike, or all - terrain vehicle, on Commission Property, except on designated roads and parking areas. 2. No person shall operate off -road recreational vehicles on Commission Property, except on designated roads and parking areas. 3. No person shall operate a motor -driven vehicle on any park road at a speed exceeding 20 miles per hour or at any speed greater than that posted. 4. The driver of any vehicle shall yield the right-of-way to any person riding a horse on marked bridle paths where such bridle paths cross streets or roadways. 5. No person shall violate any provisions of Motor Vehicle Act 300 of the P bliG AGtS Of 4949, as amended. 6. Pursuant to the Americans with Disabilities Act of 1990 and its regulations, the Commission has authorized persons with mobility disabilities to use certain types of Other Power -Driven Mobility Devices (OPDMD) on park trails. To determine if any OPDMD is approved, visit Oakland CountyParks.com or call 1-888-OCPARKS. Section 9. OPERATION OF OFF -ROAD VEHICLES (ORV) 1. No person shall operate a motor -driven vehicle of any nature on off -road courses on Commission Property outside of the days and hours of operations approved by the Commission. For purposes of these Rules, any motor -driven vehicle of any nature driven on the off -road courses on Commission Property is referred to as a "vehicle" and Holly Oaks ORV Park, as part of Commission Property, is referred to as the "ORV Park." 2. A vehicle with four or more wheels must contain a seat and individual seat belt for each occupant of that vehicle. Those vehicles with automotive -type seating and fewer than four wheels shall be equipped with a seat belt for each occupant. Vehicle operators shall comply with the provisions of the Michigan child passenger safety law, MCL 257.710d, and all the following provisions: a. Seat belts shall be in use by all occupants while the vehicle is in operation. b. An approved automotive manufactured restraining device, such as a lap belt or three- or four -point harness, is an acceptable seat belt. c. Seat belts and restraining devices, other than factory installed, shall be secured by bolting to the vehicle floor, frame, or roll bar. d. Occupancy of any vehicle on which the operator straddles the seat, such as a motorcycle or an all -terrain vehicle (ATV), limited to the operator as the sole occupant, no seat belt will be required, except for those vehicles that permit passengers per the manufacturer design and specifications. 3. A vehicle requiring seat belts with an occupant(s) in the rear seat must be protected by a roll bar located immediately behind the occupant's seat as described in the following subsection 4, unless the rear seat occupants are wearing a safety helmet approved for automotive use (A.N.S.I. or equal). The operator or occupant of a Page 10 2-022 2023 Park Rules vehicle not required to meet seat belt specifications shall wear a safety helmet approved for automotive use (A.N.S.I. or equal) and protective eyewear. 4. A vehicle requiring seat belts must be equipped with an integral steel roof, roll bar located immediately behind the operator, or roll cage, capable of supporting the weight of the vehicle. The operator and occupants of a vehicle without a full front windshield shall wear protective eyewear. A vehicle equipped with a roll bar shall comply with all the following requirements: a. The roll bar shall be welded or bolted to the floor or frame of the vehicle. b. The roll bar shall be braced in such a manner as to prevent collapse. c. The roll bar shall have clearance above, behind, and outside each seated occupant in the vehicle. 5. A vehicle must submit to, and comply with, each of the following tests and no person shall operate a vehicle which fails to do so: a. All vehicles are required to have a muffler. Motorcycles, ATVs, and side -by -side vehicles must also have a spark arrestor. b. A maximum noise level of 94 dB(A), or the current EPA emissions limit, shall be met. The testing provisions of current SAE J 1287, June 93 standard for ATV and motorcycle vehicles and SAE J 1169, March 93 standard (as each standard may be updated from time -to -time) for all other vehicles shall be followed and all vehicles shall pass a stationary sound level test. The stationary sound level test shall be administered from a 0.5-meter (19.69 inches) distance at one-half the engine's maximum rated RPM and as further described by current testing provisions for the vehicle. c. Vehicles requiring seat belts must have a warning flag mounted and extending over the front -most portion of the vehicle. Vehicles not requiring seat belts shall mount the warning flag on the rear of the vehicle. Vehicle operators shall comply with the following requirements: i. The warning flag shall be mounted on a staff that is securely bolted, welded, or secured to the vehicle. The warning flag shall maintain a minimum 10-foot height at standstill and a minimum 8-foot height under motion. ii. The warning flag shall be mounted on the top -most end of the staff. The flag shall be rectangular, international orange in color, solid material, with a minimum length on the supporting side of five inches, and a minimum length on the base side of 10 inches. 6. It shall be unlawful to operate any vehicle at any time without possessing a valid unrestricted operator's or chauffeur's license, except as follows: a. A person at least 12 years of age with an off -road vehicle ("ORV") safety certificate issued by this state or another state or a province of Canada may operate either an ATV or motorcycle with direct visual supervision by an adult. The direct supervision shall not be impaired by distance and must allow the adult the ability to direct the youth's actions by verbal communications. Electronic amplification of verbal communications shall not be used. b. An adult shall not allow an unlicensed youth to operate an ORV. c. An ORV operator licensed under a level two graduated driver's license shall only operate under the provisions of that license. Page 11 2-022 2023 Park Rules 7. The operator of any type of vehicle must present an operator's or chauffeur's license or ORV safety training certificate upon the demand of any law enforcement officer or state or nark pers^Commission staff. 8. All Ppersons entering or using the ORV Park shall comply with all posted regulatory, directional signs and these Rules, and operate a vehicle in the directional pattern established and marked within the ORV Park. 9. No pPerson shall enter or use the ORV Park without obtaining and displaying a valid ORV Park vehicle entry permit and a Michigan ORV License and Trail Permit. 10. It shall be unlawful to drive or operate any vehicle at speeds exceeding posted speed limits or perform exhibition -type driving within the parking area or entrance road/ramp to the ORV Park. Exhibition -type driving means performing wheelies, spinning tires, cutting circles, jump starts, or other erratic, irresponsible or careless driving. 11. No Pperson shall possess or consume an alcoholic beverage at any time in the ORV Park, including parking lots. 12. No pPerson shall operate a remote -control car/vehicle in any area of the OVR Park, including parking lots except within the designated remote -control vehicle area. 13. No pPerson shall bring glass containers into the ORV Park. 14. It shall be unlawful to operate a vehicle after sunset without front -facing and rear - facing lights as well as brake lights. 15.All vehicles must enter the ORV Park trails under their own power. Trailering, towing, or otherwise transporting vehicles, except under their own power, past the funnel/gate into the ORV Park is prohibited. Trailers, tow trucks, or other means of transporting a vehicle are only allowed in the parking lots of the ORV Park, unless otherwise approved by the pPark sSupervisor, as determined in his or her sole discretion. Passengers shall not occupy any trailer or trailer/towed vehicle while the vehicle is being trailered or towed. 16. The Oakland County Parks and ReGreatienCom mission and the Michigan Department of Natural Resources are not responsible for towing of vehicles out of the ORV Park. Persons needing towing assistance shall make arrangements for such services. Section 10. PARKING IN PROHIBITED AREAS 1. It shall be unlawful for a vehicle operaterPerson to stop, stand, or park a vehicle in any place marked as a passenger or loading zone, other than for the expeditious loading or unloading of passengers or for the unloading, delivery, pick up, or loading of materials. 2. It shall be unlawful for a vehicle operaterPerson to stop, stand, or park a vehicle upon any roadway or in any parking area in such manner as to form an obstruction to traffic thereon. 3. It shall be unlawful for a vehicle operatorPerson to stop, stand or park a vehicle in any area not designated for such purposes. Page 12 2-022 2023 Park Rules Section 11. OPERATION OF BICYCLES 1. Bicycles shall be operated as closely to the right-hand side of the path, trail, or roadway, as conditions will permit, and not more than two bicycles shall be operated abreast. 2. It shall be unlawful for a bicyclist to carry any person upon the handlebar or frame of the bicycle. 3. Bicycles may be operated upon such paths, trails, or roadways as may be posted allowing such use; provided, however, no such use shall be allowed between sunset and 7 a.m. 4. Bicyclists must yield to slower moving trail traffic, such as equestrians and pedestrians. Bicyclists must also verbally announce their presence, with a statement such as, "Passing on your left!" before passing other trail users. 5. Class 2 and 3 e-bikes are not allowed on any trails within Commission Property. Pursuant to the Americans with Disabilities Act of 1990 and its regulations, the Commission has authorized persons with mobility disabilities to use certain types of Other Power -Driven Mobility Devices (OPDMD) on park trails. To determine if any particular OPDMD is approved, visit OaklandCountyParks.com or call 1-888- OCPARKS. Section 12. SKATING, COASTING AND SKIING 1. No pPerson shall use roller skates, in -line skates or skateboards within or upon Commission Property, except at such times and at such places as may be designated or maintained. 2. The skateboarding area at Groveland Oaks County Park is open to persons of all ages. Parents or guardians shall be in attendance and always supervise their children. NO food or beverages are allowed inside the fenced area. 3. Users must be always in control in the skateboarding area at Groveland Oaks. Uncontrolled skating activities that endanger others will result in ejection from the skateboarding area. NO bicycles are allowed inside the skateboarding area. This area is for skateboarding only. All other uses prohibited. 4. No Pperson shall, within or upon Commission Property, skate, sled, snowshoe, ski, or go upon any ice, except at such times and at such places as may be designated or maintained. 5. No Pperson shall, within or upon Commission Property, coast with hand sleds, bob sleds, carts, or other vehicles on wheels or runners except at such times and at such places as may be designated or maintained. Section 13. PERSONAL CONDUCT 1. It shall be unlawful for any pPerson to create a breach of the peace,-Gr to disturb the peace, or to be a disorderly person, as provided under state law, while in or on any Commission Property. 2. It shall be unlawful to conduct or to participate in any form of gambling, lottery, or game of chance upon Commission Property, except as permitted by state law and approved by the Commission. 3. It shall be unlawful for any Pperson to consume or smoke marijuana while in or on all Commission Property. Marijuana means all parts of the plant of the genus cannabis, Page 13 2-022 2023 Park Rules growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including marijuana concentrate and marijuana -infused products. 4. Smoking or the use of any vapor -producing product, such as an e-cigarette or similar device, is strictly prohibited in all buildings, facilities, beaches, waterparks, and playgrounds located on Commission Property. This prohibition shall extend a reasonable distance from said buildings, facilities, beaches, waterparks, and playgrounds. 5. It shall be unlawful for a pPerson to make any open or indecent exposure of their person or of another person on Commission Property, as provided under state law. 6. A Pperson who violates any Park Rule may be ejected from Commission Property, without a refund or rain check, by Dark nerseCommission staff. Previous park rule violations may impact a person's ability to reserve/rent commission property in the future. A Person who violates any Park Rule may be also subject to Civil and Criminal penalties, as provided by law. Section 14. METAL DETECTORS Metal detectors are allowed in the picnic and general park areas. With approval from the pPark sSupervisor, metal detectors are allowed in beach areas when the beach is closed to the public. Metal detectors are allowed at the campgrounds during the closed season. The use of metal detectors in the water will he dene by a grei in of deli inteers approved through th ommiDi- OR'S Chief of Operations and Mainte�Tne North or Sei th Dostrin+ Section 15. USE OF LOUDSPEAKER/EXCESSIVE NOISE Sound -amplifying equipment, loudspeakers, or public-address systems are prohibited on Commission Property, unless approved by the Commission Director or Park Supervisor. It is also prohibited to operate a motor vehicle, radio, television, large electrical appliance, refrigerator, or any device in a manner that produces excessive noise. Section 16. PUBLIC EXHIBITION No person shall exhibit any machine, display, or animal; perform any acrobatic exhibitions; carry on any performance; or do anything whatsoever on Commission Property that causes persons to congregate so as to interfere with the proper use of Commission Property by the general public or to obstruct the passage of vehicles or persons, without appreval from the ommicr�sRa permit/agreement. Section 17. HUNTING, FISHING AND TRAPPING No person shall catch, wound, kill, or attempt to catch, wound, or kill any animal, unless approved by the Commission or these Rules. No person shall steal any nest, lair, den, or burrow of any animal in or upon any Commission Property, unless approved by the Commission or these Rules. 1. Hunting. No person shall hunt any animal in or upon any Commission Property, unless approved by the Commission. a. Firearms Hunting. The use of firearms for hunting is prohibited unless approved Page 14 2022 2023 Park Rules by the Commission. All hunting will be in accordance with the laws of the State of Michigan and regulations promulgated by Michigan Department of Natural Page 15 2-022 2023 Park Rules Resources. All hunters must also abide by any additional Rules established by the Commission. b. Archery hunting. Archery hunting shall be in accordance with the laws of the State of Michigan and regulations promulgated by Michigan Department of Natural Resources. Archery hunting for white-tailed deer is permitted at Rose Oaks, Highland Oaks, Independence Oaks -North, Addison Oaks -East, Orion Oaks, and Lyon Oaks (Day -use area only) during Michigan Department of Natural Resources archery seasons for Oakland County. Any additional archery hunting opportunities will be approved by the Commission and posted on the OCPR website and within designated areas of specific parks. c. Safety zones. 450-FOOT SAFETY ZONES FOR RESIDENTIAL/COMMERCIAL AREAS ARE SIGNED AND STRICTLY ENFORCED ON COMMISSION PROPERTY. 2. Fishing. Fishing is permitted within or upon Commission Property in accordance with the laws of the State of Michigan and regulations promulgated by Michigan Department of Natural Resources in such areas designated for such purposes. Ice fishing is permitted on Commission Property, at your own risk. The Commission assumes no liability for injuries sustained while ice fishing. All shanties must comply with the laws of the State of Michigan and regulations promulgated by Michigan Department of Natural Resources. a. Upper Bushman Lake at Independence Oaks -North County Park has been designated as a Special Regulation Catch -and -Release -Only Fishery by the Michigan Department of Natural Resources (MDNR) Fisheries Division. 3. Trapping. Trapping of animals is not permitted on Commission Property, unless otherwise advertised by the Commission. All trapping will be in accordance with the laws of the State of Michigan and regulations promulgated by Michigan Department of Natural Resources. All trappers must also abide by any additional Rules established by the Commission. a. Beaver trapping occurs by invitation lottery only during nuisance conditions as determined by the Oakland County Parks and Recreation Natural Resources Management Team. 4. Cameras. Use of trail or game cameras is permitted only in areas open to archery hunting during hunting season for the purpose of observing wildlife for hunting. All cameras must be clearly marked with owner's name, address, and telephone number visible from the ground. Cameras cannot be affixed to trees or shrubs in any manner that causes damage per Section 18. Cameras may not be used for the purpose of general wildlife observation or observation of "'+p�Persons on Commission Property. Section 18. DESTRUCTION OF PLANT LIFE AND NATURAL SURROUNDINGS No erson shall: 1. Cut, remove, destroy, chip, blaze, box, girdle, trim, deface, injure, gather, or uproot, any tree, shrub, fern, forb, grass, rush, sedge, plant, or other natural material, whether alive or dead, on Commission Property, without the Commission's Director's approval. 2. Remove or cause to be removed any seeds, sod, soil humus, peat, boulders, firewood, gravel, or sand on or from Commission Property without the Commission Page 16 2022 20,' Park Rules Director's approval. Page 17 2-022 2023 Park Rules 3. Leave a designated trail or createblaze new trails on Commission Property without Commissionis Director's approval; or 4. Construct structures or other facilities with natural materials from Commission Property. Section 19. LITTERING AND POLLUTION OF PROPERTY OR WATERS It shall be unlawful: 1. To discard or deposit refuse of any kind or nature in or upon the Commission Property, except by placing said refuse in containers provided for such purpose; or 2. To throw, cast, lay, drop, or discharge into or leave on any Commission Property any substance, matter thing, liquid, or solid, which may or shall result in the pollution of Commission Property. Section 20. FIRES 1. No pPerson shall willfully set or cause to be set on fire any tree, woodland, brush land, grassland, or meadow upon any Commission Property, unless approved by the Commission. 2. No pPerson shall build any fire upon Commission Property, except within the fireplace, receptacles, or open spaces approved and designated by the Gemmissi„n for such purposes. 3. No Pperson shall drop, throw, or otherwise scatter lighted matches, burning cigars, cigarettes, tobacco, paper, or other flammable material within or upon any Commission Property, unless approved by +ho rommiCY'✓qn. 4. No pallets, treated wood, or other noxious materials are to be put in campfires. Section 21. DESTRUCTION OF BUILDINGS, MARKERS, MONUMENTS, AND OTHER PROPERTIES No Pperson shall upon Commission Property: 1. Willfully destroy, deface, alter, change, or remove any monument, stone marker, benchmark, stake, post, or blaze, marking or designating any boundary line, survey line, or reference point; 2. Cut breaks, mark upon, or otherwise injure damage any building, equipment, bridge, drain, wall, fountain, lamp post, fence, gate, hedge, or other structure; 3. Deface, destroy, or remove any placard, notice, or sign, whether permanent or temporary; or 4. Appropriate, excavate, fi u-redamage, or destroy any historic or prehistoric ruin or any object of antiquity, without the Commission's approval. Section 22. CONTRABAND All game animals, fowl, birds, fish, and other aquatic life hunted, killed, taken, destroyed, bought, sold, bartered, or had in possession, contrary to any of the provisions hereof, shall be declared to be contraband and shall be turned over to the Michigan Department of Natural Resources for disposal. Section 23. FIREARMS Page 18 2-022 2023 Park Rules The use, possession, and carrying of firearms on Commission Property shall be governed by federal, state, and local law. Page 19 2-022 2023 Park Rules Section 24. FIREWORKS No Pperson shall fire, discharge, or have in his or her possession any rocket, firecrackers, sparklers, torpedo, squib, floating sky lanterns, other fireworks, or any substance of an explosive or dangerous nature within or upon the Commission Property, unless approved by the Commission or itc authorized anon+Director through an agreement or permit. Any agreement/permit issued hereunder shall not relieve a person from obtaining the necessary permits as required by law from the local governing authority where the Park is located. Section 25. PEDDLING AND SOLICITING It shall be unlawful for any pPerson to peddle or solicit business of any nature whatsoever, to distribute handbills or other advertising material, or to post unauthorized signs on any Commission Property, unless approved by the Commission Director. Section 26. ANIMALS AND BIRDS 1. Prohibitions. It shall be unlawful for any persons while upon or within Commission Property to: a. Bring, drive, or lead any animal, including but not limited to horses and livestock onto Commission Property, except as otherwise provided by law, these Rules, or if approved by the Commission Director; b. Allow or bring a petting zoo on Commission Property, unless approved by the Commission Director; c. Ride a horse in a careless, negligent, or reckless manner so as to create a nuisance or to endanger property or other persons; d. Feed any wildlife; e. Cause any animal to run at large; f. Remove any animal from Commission Property, including but not limited to turtles, frogs, and mudpuppies; g. Torture, abuse, ill-treat, or neglect any animal; h. Dispose of, release, or set free any wild or domestic animal upon Commission Property unless approved by the Commission Director; i. Bring animals in beach areas, waterparks, county market, concession areas, waterways, or in cabins or yurts; or j. Leave pets unattended. 2. Snakes and Snake Bites. Snakes shall not be harmed, harassed, or killed. All snake bites must be reported immediately to 911. Snake bite victims must provide bite incident details to the Park Supervisor or Park Natural Resources Project Coordinator. 3. Service Animals. Notwithstanding any other Park -rRule, service animals are allowed in all areas of Commission Property, except, subject to and in accordance with state or federal laws, rules, and regulations. 4. Liability. Owners or caretakers of animals assume full responsibility for all animals brought onto Commission Property. Page 20 2-022 2023 Park Rules 5. Dogs. a. Persons may bring dogs on Commission Property if they are on a leash (not longer than six feet) or if they are confined to a tent or camping trailer (consistent with these rules), unless prohibited by posting or otherwise provided by these Rules. b. All dogs must have a current license. c. Owners or caretakers must clean up all dog droppings. d. Unruly dogs are prohibited on Commission Property. Unruly dogs are defined as dogs that are not controllable by their owners or caretakers, dogs which physically attack or bite another dog or human (when not provoked), or dogs which physically pin other dogs to the ground (when not provoked). e. All dog bites must be reported immediately to the Park Supervisor or an OakIand County Sheriff's Deputya law enforcement office, who will contact Oakland County Animal Shelter and Adoption Center. The dog must then be confined until the Oakland GO Rty Sheriff's Offm law enforcement officer or Commission staff^arU pees nr,oI arrive at the scene. 6. Dog Parks. The Commission may designate areas for the purpose of exercising dogs off leash. While in the dog park areas, all dogs and their owners or caretakers must obey all Park Rules, including: a. Dogs must be on leash when entering and exiting the dog park. Owners must always carry leash with them while in the dog park. b. Maximum of two dogs per patron. c. Dogs must have current license, up-to-date vaccinations, and respond to voice commands. d. Shock collars, metal pinch/choke collars or collars with metal links are not allowed in the dog park. e. No dogs under four months of age allowed in the dog park. f. Small dog area is for dogs 25 pounds or less. g. Owners or caretakers assume full responsibility for all dogs brought onto Commission Property. h. Dogs must be always accompanied and supervised by an adult (age 18 or older). Dogs must never be left unattended in the dog park. i. Children, ages 12 and under, must be accompanied and closely supervised by a parent or adult present inside the dog park, always. j. No food, human or animal, is allowed in the dog park. k. Dogs in heat may not enter the dog park. I. Owners or caretakers must clean up dog droppings; bags are provided on site. m. Lake Sixteen Dog Dock access at Orion Oaks is for dogs only. Lake Sixteen Boat Launch is not part of the Dog Park. n. Dogs are not allowed to dig in the dog park. Owner must fill in any holes. o. Toys, balls, bowls, or pools may not be brought to, or left at, the dog park. Page 21 2-022 2023 Park Rules Section 27. UNMANNED AIRCRAFTS, HOT AIR BALLOONS, AIRPLANES, AND PARACHUTES 1. No PPerson shall make any ascent in any hot air balloon, airplane or ultra -light, or any descent in or from any hot air balloon, airplane or parachute on any Commission Property unless approved by the Commission Director. 2. Any pPerson operating an unmanned aircraft or; remote -control aircraft shall do so in accordance with all federal and state laws and regulations. 3. Remote controlled cars, boats, or other vehicles shall only be operated in designated areas. Section 28. UNLAWFUL OBSTRUCTION No pPerson shall by force, threats, intimidations, unlawful fencing, enclosing or by other means, prevent or obstruct any person from entering, leaving, or making full use of any Commission Property. Section 29. HINDERING COMMISSION EMPLOYEES No pPerson shall interfere with, or in any manner hinder, any Commission employee or agent while performing their official duties. Section 30. RESISTING COMMISSIONPAR EMPLOYEES No pPerson shall interfere with any Commission employee in the discharge of their duties or fail or refuse to obey any lawful command of any park employee. Section 31. IMPERSONATING PARK COMMISSION EMPLOYEES No pPerson shall impersonate any Commission employee or agent for any reason whatsoever. Section 32. FINES AND IMPRISONMENT Except as otherwise provided by law, any !person violating these Park Rules and Regulations shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $100 and costs of prosecution or imprisoned in the Oakland County Jail for a period not exceeding 90 days, or both, for each offense. Section 33. SPECIAL USE AREAS Special use areas will have posted Commission rules and regulations specific to the area's use and users' conduct. Special use areas include but are not limited to: beaches; waterparks; bicycle motocross track; bicycle skills course; skateboard parks; dog parks; disc golf course; golf; miniature (putt -putt) golf; driving range; cross-country ski trails; playgrounds; mountain biking trails; and any other designated areas with their own specific rules and regulations. Section 34. FREE SPEECH 1. Parks are traditional public forums that citizens may use for the purpose of assembly, communicating thoughts, discussing public questions and protests. Peaceful assemblies, public demonstrations and other types of protests are permissible except where such activity will do the following: (a) disrupt scheduled Page 22 2-022 2023 Park Rules events at or on Commission Property, (b) create a hazard to Commission Property, (c) physically interfere with other park patrapr;Person's use of Commission Property; or (d) block traffic or block the path of others using Commission Property. 2. "Disrupt," as used above, does not include peacefully holding a protest sign at a public meeting or acting in a manner that does not prevent others from participating in a scheduled event at or on Commission Property, that does not create a hazard to the health, welfare, and safety of park patraras-sother Persons, or that does not destroy or damage Commission Property. 3. If a planned assembly or public demonstration on Commission Property can be reasonably anticipated to disrupt, create a hazard, physically interfere, or block traffic or the path of other patrons, as specified above in numbered paragraphs 1-4, organizers of such activities shall provide two business days' notice to the Commission Director. 4. Speech may not be restricted based on content or views expressed, except that the speakers may not: (a) louse fighting words, which are words by which their very utterance tends to incite an immediate breach of the peace; (b) Tthreaten to physically harm others; or (c) engage in obscene speech or conduct as that term is defined by MCL 752.362(5). 5. Organizers must also comply with all other governmental requirements, including these Rules and local ordinance, for conducting such assemblies or public demonstrations. Section 35. PHOTOGRAPHY, VIDEO, AND AUDIO RECORDING Persons may take still photographs or video or audio recordings on Commission Property without first obtaining a written permit/agreement frern the Gommiooiaa1 unless any of the following apply: 1. The photographs or recordings are being taken for the purpose of advertising a product or service. 2. The photographs or recordings involve professional or amateur casts, props, models, or crews, other than bona fide news media personnel covering a news event that cannot be covered at any other time or at any other location. 3. The project requires access to Commission Property that is closed or restricted to the public; and 4. The project carries substantial risk of damaging Commission Property, disrupting nark patrnnsother Persons, disrupting par-�Commission operations, or compromising public health and safety regulations already covered by law. Section 36. CONSUMPTION AND SALE OF ALCOHOLIC BEVERAGES Consumption of Alcoholic Beverages on Commission Property. Alcoholic beverages may be brought into and consumed on Commission Property by Park ems, subject to the following: a. IRd5v5duals Persons who bring and consume alcoholic beverages on Commission Property are responsible for their own actions "^^a„se of ^.,nc i gym. — al^„h^l,^ beverages -and must be in compliance with all laws and Park Rules. b. No pPerson under the age of 21 may consume or purchase alcoholic beverages on Commission Property. If any underage drinking is suspected, the Oakland Page 23 2022 2023 Park Rules County Sheriff's Office and/or the local police department will be immediately notified. c. No alcoholic beverages are permitted at dog parks, waterparks, waterpark parking lots,= and concession areas. d. Park patrsr-sPersons shall not bring alcoholic beverages to Park Commission golf courses (except for Red Oaks golf course), and Park Commission banquet facilities, including the parking lots for these areas, where a license from the Michigan Liquor Control Commission to sell alcoholic beverages is in place. e. Keg beer is not allowed at or on Commission Property, unless served by a caterer or entity approved in writing by the pPark sSupervisor. f. When a pPerson or entity reserves and uses Commission Property, the consumption of alcoholic beverages at such facility or property shall also be governed by the written agreement, which provides for the use of the Commission Property. 2. Sale of Alcoholic Beverages on Commission Property. The sale of alcoholic beverages within or on Commission Property is prohibited, subject to the following exceptions: a. At formally established concession armor banquet facilities operated by, or under contract with, the Commission. The contract with the Commission shall address all aspects of the sale of alcoholic beverages, including licenses, liability, and insurance. b. At events that meet all of the following requirements: i. A written request to sell Alcoholic Beveraqes on Commission Property is submitted to, reviewed bv, and approved by the Commission Director; andAn appli^a+i„n for s oh purpose R have beon c/ibmitted to and approved by the Gommiosqp,and ii. The applioant muc- be -The Person requesting to sell Alcoholic Beverages is an established non-profit, charitable entity which meets the following requirements: a. Has actively functioned in Oakland County for at least two years b. Is recognized as having provided substantial benefit in the interest of the public in Oakland County, and c. The Commission Director has determined in the exercise of its reasonable discretion, based on the available evidence, that the proceeds from the approved sale of alcohol will be used primarily to serve the interests of the public in Oakland County; and d. The applicant hoo 08^UFed liGeR ,,neA license from the Michigan Liquor Control Commission is secured and provided to Commission staff.aad hao provided written evidence „f S, Gh li^�re; and e. Thoant hoc ce^��QAII insurance for the event as required by the Oakland County Department of Risk Management has been provided to Commission staff; and f. The event will be short term; and g. The Person requesting to sell Alcoholic Beverages executed a permit/agreement .T4ie-evont is primarily eXpeGted to be atteR�lo,� byadultc, and any miReics expected te atte d will for the most park Page 24 20222023 Park Rules Page 25 2022 20,' Park Rules DEFINITIONS "Commission" shall mean the Oakland County Parks and Recreation Commission created pursuant to Section 1 of Public Act 261 of 1965, MCL 46.351.-or ito E)(8G Live Offi^or "Commission Director" shall mean the person appointed by the Oakland Countv Parks and Recreation Commission and confirmed by the Oakland County Board of Commissions pursuant to Section 15 of Public Act 261 of 1965, 46.365. "Commission Property" shall mean all lands, waters and property administered by or under the jurisdiction of the Oakland County Parks and Recreation Commission. "Person" or "persons" shall mean individuals, firms, corporations, or any group or gathering of individuals. "Resident" shall mean any individual who resides within the County of Oakland as confirmed by a government issued ID. "Rules" shall mean the rules and regulations adopted by the Oakland County Parks and Recreation Commission and approved by the Oakland Countv Board of Commissioners, applicable to all property administered by or under the jurisdiction of the said Commission and all amendments thereto. These rules and regulations are enforced in compliance with State of Mi^higaR Public Act 261 of 1965, MCL 46.351, et seq. "Camping" shall mean the overnight lodging or sleeping of person or persons in a tent, trailer —coach, vehicle camper, motor vehicle, or in any other conveyance erected, parked, or placed on the premises within any park or recreation area administered by the Oakland County Parks and Recreation Commission. "Alcoholic Beverages" refers to products of distillation of any fermented liquid whether rectified or diluted with water or other liquid, including beer, wine, and liquor, but does not mean ethyl or industrial alcohol, diluted or not, that has been denatured or otherwise rendered unfit for beverage purposes. (based on the definition contained in the Michigan Liquor Control Act, Act 58 of 1998; MCL 436.1105(1)) Page 26 2-022 2023 Park Rules Oakland County Parks and Recreation Rules and Regulations OaklandCountyParks.com Page 1 2023 Park Rules Contents Page Section 1. HOURS 3 Section 2. FEES AND CHARGES 3 Section 3. USE/RESERVATION OF COMMISSION PROPERTY 3 Section 4. EMERGENCY POWERS 3 Section 5. SWIMMING, BATHING AND WADING 4 Section 6. CAMPING 4-7 Section 7. BOATING 7-8 Section 8. MOTOR -DRIVEN VEHICLES 8 Section 9. OPERATION OF OFF -ROAD VEHICLES (ORV) 8-10 Section 10. PARKING IN PROHIBITED AREAS 10 Section 11. OPERATION OF BICYCLES 11 Section 12. SKATING, COASTING AND SKIING 11 Section 13. PERSONAL CONDUCT 11-12 Section 14. METAL DETECTORS 12 Section 15. USE OF LOUDSPEAKER/EXCESSIVE NOISE 12 Section 16. PUBLIC EXHIBITION 12 Section 17. HUNTING, FISHING AND TRAPPING 12-13 Section 18. DESTRUCTION OF PLANT LIFE AND NATURAL SURROUNDINGS 13-14 Section 19. LITTERING AND POLLUTION OF PROPERTY OR WATERS 14 Section 20. FIRES 14 Section 21. DESTRUCTION OF BUILDINGS, MARKERS, MONUMENTS, AND OTHER PROPERTIES 14 Section 22. CONTRABAND 14 Section 23. FIREARMS 14 Section 24. FIREWORKS 15 Section 25. PEDDLING AND SOLICITING 15 Section 26. ANIMALS AND BIRDS 15-16 Section 27. UNMANNED AIRCRAFTS, HOT AIR BALLOONS, AIRPLANES AND PARACHUTES 17 Section 28. UNLAWFUL OBSTRUCTION 17 Section 29. HINDERING EMPLOYEES 17 Section 30. RESISTING COMMISSION EMPLOYEES 17 Section 31. IMPERSONATING COMMISION EMPLOYEES 17 Section 32. FINES AND IMPRISONMENT 17 Section 33. SPECIAL USE AREAS 17 Section 34. FREE SPEECH 17-18 Section 35. PHOTOGRAPHY, VIDEO, AND AUDIO RECORDING 18 Section 36. CONSUMPTION AND SALE OF ALCOHOLIC BEVERAGES 18-19 Definitions 20 INDIVIDUALS WITH DISABILITIES: No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of Oakland County Parks, or be subjected to discrimination by Oakland County Parks and Recreation. Pursuant to Public Act 261 of 1965, MCL 46.351 et, seq., as amended, the Oakland County Parks and Recreation Commission promulgates and publishes the following rules for use, protection, regulation and control its services, facilities and parks, recreation, conservation, education, historic, scenic areas, preserves, and parkways. Page 2 2023 Park Rules IMPORTANT -- VIOLATIONS OF ANY OF THE PARK RULES MAY BE CAUSE FOR REMOVAL FROM THE COMMISSION PROPERTY WITH NO REFUND OR RAIN CHECK. PREVIOUS PARK RULE VIOLATIONS MAY IMPACT A PERSON'S ABILITY TO RESERVE/RENT COMMISSION PROPERTY IN THE FUTURE. VIOLATORS MAY ALSO BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES. SEE SECTION 13. Section 1. HOURS No person shall remain on Commission Property between 30 minutes after sunset and 7 a.m., except at designated areas or as approved by the Commission Director. No person shall enter Commission Property that is closed to the public. Section 2. FEES AND CHARGES No person or entity shall use any Commission Property for which a fee/charge has been established by the Commission without payment of such fee or charge, unless approved by the Commission or other written agreement or permit. If an Annual Park Permit is required for entry on Commission Property, the Annual Park Permit must be permanently affixed to a vehicle windshield and each vehicle is required to have a separate Permit. Section 3. USE/RESERVATION OF COMMISSION PROPERTY 1. Persons or entities may reserve, for exclusive use, Commission Property open to the public. Application to reserve Commission Property for exclusive use, e.g., to hold special events, tournaments, or races, shall be made upon forms furnished by the Commission. Persons reserving Commission Property shall sign a Permit/Agreement provided by the Commission. 2. In the event more applications to reserve Commission Property are received than space available, such applicants shall be considered in the chronological order received. 3. Users of reserved Commission Property shall comply with all Rules and policies of the Commission relating to use and conduct on Commission Property. 4. Persons reserving Commission Property may not erect or construct anything above, across or beneath Commission Property without prior approval from the Commission Director authorizing such erection or construction. 5. Notwithstanding any of the provisions hereof, the Commission may, upon written application, grant specific permits/agreements for special uses when, in the opinion of the Commission, special consideration is warranted. Section 4. EMERGENCY POWERS Nothing in these Rules shall: 1. Prohibit or hinder duly authorized agents of the Commission or any peace officers from performing their official duties; or 2. Prohibit the Commission or Park Supervisors from establishing emergency Rules required to protect the health, welfare, and safety of Persons on Commission Property, protect Commission Property, and maintain order. Page 3 2023 Park Rules Section 5. SWIMMING, BATHING AND WADING 1. No person shall: a. Swim, bathe, wade, or scuba dive in any of the watercourses, lakes, ponds, or sloughs located within or upon Commission Property, except at such times and places as may be provided or designated for such purpose. Persons must abide by posted swim Rules; b. Carry any glass container on any beach or in the water adjacent thereto; or c. Use any flotation devices, inflatable or otherwise, in any watercourses, lakes, ponds, or sloughs on Commission Property, except in specifically designated areas where posted. 2. General Waterpark Rules a. Glass containers are prohibited inside the waterparks. b. Lifejackets, tubes, chairs, tables, shaded areas, and charcoal grills are provided on a first come, first -served basis. Tubes must remain in the pool area and may not be taken to picnic areas. Chairs and tables may be used by waterpark patrons who are present in the waterparks. Chairs and tables may not be held for anticipated patrons. c. Outside inflatables, chairs, umbrellas, tents, and/or grills are prohibited except that waterpark patrons may bring in hand-held umbrellas used for sun protection and personal flotation devices, approved by the United States Coast Guard with the stamped seal. d. Balls and/or Frisbees are not permitted inside the waterparks. e. Only personal radios are allowed in the waterpark and may only be listened to via headphones. Playing a stereo/radio with speakers is not allowed. f. Swim attire worn by waterpark patrons must comply with all local and state laws, rules, and regulations. g. Waterpark patrons must follow all other waterpark posted Rules and procedures. (A full listing of waterpark Rules may be found online at OaklandCountyParks.com.) Section 6. CAMPING GENERAL CAMPING 1. Registration. Upon arrival at a campground, a person shall register for and/or be checked in on a campsite. 2. Reservable Campsites. On a reservation campsite, a reservation may be made for up to 30 consecutive nights, and reservations are allowed up to 11 months (335 calendar days) in advance of the arrival date. 3. Walk -In Campsites. Walk-in campsites are available on a "first -come, first -served" basis. a. Registration. For a walk-in campsite, a Person may register or renew for up to 30 consecutive nights. b. Renewals. For a walk-in campsite, a Person may request renewal of their campsite by the due -out time on the day their registration expires. Once a campsite is vacated the site will become available for rent. Page 4 2023 Park Rules 4. Camper Vehicle Pass. Every vehicle registered at a campground must display a camper vehicle pass on the driver's side of the windshield while the vehicle is on Commission Property. There is a limit of two vehicles per campsite. 5. Assignment of Sites. All Persons are assigned to a campsite. Campsite changes must be approved by Commission Staff. 6. Parking of Trailers. The tongue of the camping trailer hitch must face the road. This allows for quick removal in case of an emergency or to prevent "boxing in" trailers. All camping units must be backed in unless they are parked within an authorized group camping area or in pull -through sites. 7. Occupancy of Campsite a. Each campsite is limited to immediate family members of the Person reserving the campsite or up to four unrelated persons ages 18 years or older. b. Any child under age 18 must be accompanied by a parent or legal guardian. Children shall not be left unattended. c. Only one camping trailer and one tent OR only two tents and no trailer will be permitted per campsite. d. Persons shall not do any of the following: (1) allow other persons to use their campsite; (2) transfer campsite permits or camper vehicle passes and equipment to other persons or vehicles; or (3) mow or perform other landscaping services at a campsite. e. Outdoor toilets and outdoor showers are prohibited. f. Portable fire pits are prohibited. 8. Visitors/Non-Campers. All non -campers must pay the day -use entrance fee per vehicle. Vehicles will be parked in the day -use lot or designated parking areas. No non -campers will be allowed in the campground between 10 p.m. and 8 a.m. 9. Domestic Animals. Domestic animals are permitted at the campgrounds but must be kept indoors (inside a tent or camper) or on a six-foot leash. a. Animals may not be left unattended (even if kept inside a tent or camper) and are not allowed at or near cabins or yurts. b. Owners or caretakers must pick up all animal waste/droppings. c. All other rules regarding animals contained in Section 26 must be followed. 10. Quiet Hours. Quiet hours are observed at all campgrounds from 11 p.m. to 7 a.m. No power generators shall be operated between11 p.m.-7 a.m. Trails, playgrounds, and other day -use areas close at sunset. 11. Water Outlets. Water outlets are available to obtain water for use at campsites only. Washing of vehicles/campers, clothes, animals, or your person at these outlets is prohibited. No hose shall be permanently attached to any water outlet. 12. Hose Splitters. Hose splitters are not allowed to be attached to any water spigot or hose per the Oakland County Health Department. 13. Back Flow Nozzles. Back flow nozzles shall not be removed from any water spigot or hose per Oakland County Health Department. 14. Wastewater. All grey/wastewater must be disposed of at the designated dump station(s) per the Oakland County Health Department Sanitary Code Section 4.1, which states: "Under no conditions shall Sanitary Sewage from any structure be deposited upon the surface of the ground, into roadside ditches, watercourses, inland lakes, or into any closed drain other than a Sanitary Sewer." Page 5 2023 Park Rules 15. Portable Waste Tanks. Portable tanks may only be connected to a camping unit while in the process of emptying onboard holding tanks. A Person must be present and in view of portable tanks during the emptying process. 16. System Leaks. Camping Units with grey/wastewater leaks must be repaired immediately or be removed from Commission Property until the leak has been fixed. 17. Golf Carts. Golf carts are prohibited for use in campgrounds, including the campground roads and pathways. Persons with disabilities may use golf carts only if needed as a mobility aid and the golf cart is used only by or for such persons. See Section 8: Motor -Driven Vehicles for additional information and rules. 18. Electric/Motorized Toys. A Person may utilize electric driven devices such as scooters, hoverboards, and Power Wheels on their registered campsite and pathways. No such devices are to be operated on park roads. Electric motor bikes must adhere to rules in Sections 8 and 11. 19. Bird Feeders. A Person may not feed birds or other wildlife at any time. This includes bird feeders attached to or around recreational vehicles and trailers at campgrounds. 20.Off-Road Vehicles (ORV). Off Road Vehicles are prohibited from operating within the Campgrounds per MCL:324.81122. Only street -licensed registered vehicles may operate on campground roads. 21. Clotheslines. Clotheslines must be removed at sundown. At no time shall a clothesline be attached to any electrical or lot posts, trees, fences, etc. 22. Trash/Cleanliness of Campsite. Trash shall be placed in provided dumpsters. Campsites shall be kept clean at all times. On -site trash pickup is not offered at any campsites (including full hook-up, water and electric, and group areas). 23. Large Electrical Appliances. Large electrical appliances, including but not limited to refrigerators, freezers, and stoves are not permitted outside trailers or recreational vehicles. 24. Firewood. Firewood may be purchased at campgrounds, based on availability. Persons may bring their own firewood if it is free from pests. Persons may not pickup wood from Commission Property to burn. See Section 18 for more details. 25. Condition of Campsite Upon Leaving. Campsites must be cleaned before leaving and left in the same condition as found. CABIN & YURT RENTAL 1. Smoking or using any vapor -producing product, such as an e-cigarette or similar device, is not allowed in a cabin or yurt. 2. Cooking is not permitted inside cabins or yurts. 3. Gas or electric portable heaters are not allowed inside or around cabins or yurts. 4. Cabins and yurts must be cleaned before leaving and left in the same condition as found. 5. No tents are allowed at cabins or yurts. 6. Occupancy is limited to the capacity of each cabin or yurt as specified by the Commission staff. 7. All Persons must follow all other camping Rules contained in this Section. 8. Except for service animals, no animals are allowed at or in cabins or yurts. Page 6 2023 Park Rules ORGANIZED CLUB/GROUP CAMPING 1. A group or organization will be assigned to designated group areas only through advance reservations. 2. Groups of Persons may be required to share a pavilion with other groups or organizations in the same area. 3. All Persons must follow all other camping Rules contained in this section. YOUTH ORGANIZATION CAMP 1. A youth organization camp is a group of youths ages 17 and younger, who are members of a legal entity/organization, camping with their adult (age 18 years or older) leaders. 2. Youth organization camp area must be reserved in advance. 3. Persons will be placed in an organized campground area. Each group must have one adult leader for every five youths. 4. Independence Oaks County Park youth organization camp shall have tent camping only, unless a trailer or camper will be used as a first aid station or headquarters. 5. No trenching around tents. No ground fires are permitted except in designated fire circles. 6. All Persons must follow all other camping Rules contained in these rules and regulations. CONTINUOUS WALKING OR CRUISING IN OR NEAR CAMPGROUNDS It shall be unlawful to continuously walk or cruise in any motor -driven vehicle in, though, and around campgrounds for the purpose of attracting or distracting Persons using campsites or for the purpose of using a boat ramp, beach building, or other camping facility, except registered Persons to a specific registered campsite. Section 7. BOATING 1. No person shall launch any boat, yacht, canoe, raft, paddle board, or other watercraft from any Commission Property, except at such time or place as may be provided or designated for such purpose. 2. No watercraft shall be docked overnight on any boat docks on Commission Property. 3. All watercrafts shall comply with and be used in compliance with Public Act 451 of 1994, as amended, and such regulations as may be adopted. 4. United States Coast Guard approved individual flotation jacket or vest must be properly worn by all occupants of a watercraft. Air mattresses, inner tubes, and other flotation devices are prohibited, except in designated swimming areas. Belly boats and other specialty flotation equipment may be used. 5. No gasoline -powered watercrafts shall be launched from any Commission Property, unless approved by the Commission Director. Watercrafts powered by electric motors that are launched from Commission Property shall not exceed 24-foot pounds of thrust/24-volt system. 6. To prevent the spread of aquatic nuisance species, when entering and exiting Commission waters, Persons shall: (a) inspect their watercraft, trailers, motors, and Page 7 2023 Park Rules accessory equipment and remove any aquatic plants and animals and (b) remove all drain plugs and drain all water from bilges, ballast tanks, and live wells. Section 8. MOTOR -DRIVEN AND ELECTRIC VEHICLES 1. No person shall operate a motor-driven/electric vehicle of any kind or nature, including but not limited to any motor -driven sled, toboggan, snowmobile, bike, or all - terrain vehicle, on Commission Property, except on designated roads and parking areas. 2. No person shall operate off -road recreational vehicles on Commission Property, except on designated roads and parking areas. 3. No person shall operate a motor -driven vehicle on any park road at a speed exceeding 20 miles per hour or at any speed greater than that posted. 4. The driver of any vehicle shall yield the right-of-way to any person riding a horse on marked bridle paths where such bridle paths cross streets or roadways. 5. No person shall violate any provisions of Motor Vehicle Act 300 of, as amended. 6. Pursuant to the Americans with Disabilities Act of 1990 and its regulations, the Commission has authorized persons with mobility disabilities to use certain types of Other Power -Driven Mobility Devices (OPDMD) on park trails. To determine if any OPDMD is approved, visit Oakland CountyParks.com or call 1-888-OCPARKS. Section 9. OPERATION OF OFF -ROAD VEHICLES (ORV) 1. No person shall operate a motor -driven vehicle of any nature on off -road courses on Commission Property outside of the days and hours of operations approved by the Commission. For purposes of these Rules, any motor -driven vehicle of any nature driven on the off -road courses on Commission Property is referred to as a "vehicle" and Holly Oaks ORV Park, as part of Commission Property, is referred to as the "ORV Park." 2. A vehicle with four or more wheels must contain a seat and individual seat belt for each occupant of that vehicle. Those vehicles with automotive -type seating and fewer than four wheels shall be equipped with a seat belt for each occupant. Vehicle operators shall comply with the provisions of the Michigan child passenger safety law, MCL 257.710d, and all the following provisions: a. Seat belts shall be in use by all occupants while the vehicle is in operation. b. An approved automotive manufactured restraining device, such as a lap belt or three- or four -point harness, is an acceptable seat belt. c. Seat belts and restraining devices, other than factory installed, shall be secured by bolting to the vehicle floor, frame, or roll bar. d. Occupancy of any vehicle on which the operator straddles the seat, such as a motorcycle or an all -terrain vehicle (ATV), limited to the operator as the sole occupant, no seat belt will be required, except for those vehicles that permit passengers per the manufacturer design and specifications. 3. A vehicle requiring seat belts with an occupant(s) in the rear seat must be protected by a roll bar located immediately behind the occupant's seat as described in the following subsection 4, unless the rear seat occupants are wearing a safety helmet approved for automotive use (A.N.S.I. or equal). The operator or occupant of a Page 8 2023 Park Rules vehicle not required to meet seat belt specifications shall wear a safety helmet approved for automotive use (A.N.S.I. or equal) and protective eyewear. 4. A vehicle requiring seat belts must be equipped with an integral steel roof, roll bar located immediately behind the operator, or roll cage, capable of supporting the weight of the vehicle. The operator and occupants of a vehicle without a full front windshield shall wear protective eyewear. A vehicle equipped with a roll bar shall comply with all the following requirements: a. The roll bar shall be welded or bolted to the floor or frame of the vehicle. b. The roll bar shall be braced in such a manner as to prevent collapse. c. The roll bar shall have clearance above, behind, and outside each seated occupant in the vehicle. 5. A vehicle must submit to, and comply with, each of the following tests and no person shall operate a vehicle which fails to do so: a. All vehicles are required to have a muffler. Motorcycles, ATVs, and side -by -side vehicles must also have a spark arrestor. b. A maximum noise level of 94 dB(A), or the current EPA emissions limit, shall be met. The testing provisions of current SAE J 1287, June 93 standard for ATV and motorcycle vehicles and SAE J 1169, March 93 standard (as each standard may be updated from time -to -time) for all other vehicles shall be followed and all vehicles shall pass a stationary sound level test. The stationary sound level test shall be administered from a 0.5-meter (19.69 inches) distance at one-half the engine's maximum rated RPM and as further described by current testing provisions for the vehicle. c. Vehicles requiring seat belts must have a warning flag mounted and extending over the front -most portion of the vehicle. Vehicles not requiring seat belts shall mount the warning flag on the rear of the vehicle. Vehicle operators shall comply with the following requirements: i. The warning flag shall be mounted on a staff that is securely bolted, welded, or secured to the vehicle. The warning flag shall maintain a minimum 10-foot height at standstill and a minimum 8-foot height under motion. ii. The warning flag shall be mounted on the top -most end of the staff. The flag shall be rectangular, international orange in color, solid material, with a minimum length on the supporting side of five inches, and a minimum length on the base side of 10 inches. 6. It shall be unlawful to operate any vehicle at any time without possessing a valid unrestricted operator's or chauffeur's license, except as follows: a. A person at least 12 years of age with an off -road vehicle ("ORV") safety certificate issued by this state or another state or a province of Canada may operate either an ATV or motorcycle with direct visual supervision by an adult. The direct supervision shall not be impaired by distance and must allow the adult the ability to direct the youth's actions by verbal communications. Electronic amplification of verbal communications shall not be used. b. An adult shall not allow an unlicensed youth to operate an ORV. c. An ORV operator licensed under a level two graduated driver's license shall only operate under the provisions of that license. Page 9 2023 Park Rules 7. The operator of any type of vehicle must present an operator's or chauffeur's license or ORV safety training certificate upon the demand of any law enforcement officer or state or Commission staff. 8. All Persons entering or using the ORV Park shall comply with all posted regulatory, directional signs and these Rules, and operate a vehicle in the directional pattern established and marked within the ORV Park. 9. No Person shall enter or use the ORV Park without obtaining and displaying a valid ORV Park vehicle entry permit and a Michigan ORV License and Trail Permit. 10. It shall be unlawful to drive or operate any vehicle at speeds exceeding posted speed limits or perform exhibition -type driving within the parking area or entrance road/ramp to the ORV Park. Exhibition -type driving means performing wheelies, spinning tires, cutting circles, jump starts, or other erratic, irresponsible or careless driving. 11. No Person shall possess or consume an alcoholic beverage at any time in the ORV Park, including parking lots. 12. No Person shall operate a remote -control car/vehicle in any area of the OVR Park, including parking lots except within the designated remote -control vehicle area. 13. No Person shall bring glass containers into the ORV Park. 14. It shall be unlawful to operate a vehicle after sunset without front -facing and rear - facing lights as well as brake lights. 15.All vehicles must enter the ORV Park trails under their own power. Trailering, towing, or otherwise transporting vehicles, except under their own power, past the funnel/gate into the ORV Park is prohibited. Trailers, tow trucks, or other means of transporting a vehicle are only allowed in the parking lots of the ORV Park, unless otherwise approved by the Park Supervisor, as determined in his or her sole discretion. Passengers shall not occupy any trailer or trailer/towed vehicle while the vehicle is being trailered or towed. 16. The Commission and the Michigan Department of Natural Resources are not responsible for towing of vehicles out of the ORV Park. Persons needing towing assistance shall make arrangements for such services. Section 10. PARKING IN PROHIBITED AREAS 1. It shall be unlawful for a Person to stop, stand, or park a vehicle in any place marked as a passenger or loading zone, other than for the expeditious loading or unloading of passengers or for the unloading, delivery, pick up, or loading of materials. 2. It shall be unlawful for a Person to stop, stand, or park a vehicle upon any roadway or in any parking area in such manner as to form an obstruction to traffic thereon. 3. It shall be unlawful for a Person to stop, stand or park a vehicle in any area not designated for such purposes. Page 10 2023 Park Rules Section 11. OPERATION OF BICYCLES 1. Bicycles shall be operated as closely to the right-hand side of the path, trail, or roadway, as conditions will permit, and not more than two bicycles shall be operated abreast. 2. It shall be unlawful for a bicyclist to carry any person upon the handlebar or frame of the bicycle. 3. Bicycles may be operated upon such paths, trails, or roadways as may be posted allowing such use; provided, however, no such use shall be allowed between sunset and 7 a.m. 4. Bicyclists must yield to slower moving trail traffic, such as equestrians and pedestrians. Bicyclists must also verbally announce their presence, with a statement such as, "Passing on your left!" before passing other trail users. 5. Class 2 and 3 e-bikes are not allowed on any trails within Commission Property. Pursuant to the Americans with Disabilities Act of 1990 and its regulations, the Commission has authorized persons with mobility disabilities to use certain types of Other Power -Driven Mobility Devices (OPDMD) on park trails. To determine if any particular OPDMD is approved, visit OaklandCountyParks.com or call 1-888- OCPARKS. Section 12. SKATING, COASTING AND SKIING 1. No Person shall use roller skates, in -line skates or skateboards within or upon Commission Property, except at such times and at such places as may be designated or maintained. 2. The skateboarding area at Groveland Oaks County Park is open to persons of all ages. Parents or guardians shall be in attendance and always supervise their children. NO food or beverages are allowed inside the fenced area. 3. Users must be always in control in the skateboarding area at Groveland Oaks. Uncontrolled skating activities that endanger others will result in ejection from the skateboarding area. NO bicycles are allowed inside the skateboarding area. This area is for skateboarding only. All other uses prohibited. 4. No Person shall, within or upon Commission Property, skate, sled, snowshoe, ski, or go upon any ice, except at such times and at such places as may be designated or maintained. 5. No Person shall, within or upon Commission Property, coast with hand sleds, bob sleds, carts, or other vehicles on wheels or runners except at such times and at such places as may be designated or maintained. Section 13. PERSONAL CONDUCT 1. It shall be unlawful for any Person to create a breach of the peace, to disturb the peace, or to be a disorderly person, as provided under state law, while in or on any Commission Property. 2. It shall be unlawful to conduct or to participate in any form of gambling, lottery, or game of chance upon Commission Property, except as permitted by state law and approved by the Commission. 3. It shall be unlawful for any Person to consume or smoke marijuana while in or on all Commission Property. Marijuana means all parts of the plant of the genus cannabis, Page 11 2023 Park Rules growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including marijuana concentrate and marijuana -infused products. 4. Smoking or the use of any vapor -producing product, such as an e-cigarette or similar device, is strictly prohibited in all buildings, facilities, beaches, waterparks, and playgrounds located on Commission Property. This prohibition shall extend a reasonable distance from said buildings, facilities, beaches, waterparks, and playgrounds. 5. It shall be unlawful for a Person to make any open or indecent exposure of their person or of another person on Commission Property, as provided under state law. 6. A Person who violates any Park Rule may be ejected from Commission Property, without a refund or rain check, by Commission staff. Previous park rule violations may impact a person's ability to reserve/rent commission property in the future. A Person who violates any Park Rule may be also subject to Civil and Criminal penalties, as provided by law. Section 14. METAL DETECTORS Metal detectors are allowed in the picnic and general park areas. With approval from the Park Supervisor, metal detectors are allowed in beach areas when the beach is closed to the public. Metal detectors are allowed at the campgrounds during the closed season. Section 15. USE OF LOUDSPEAKER/EXCESSIVE NOISE Sound -amplifying equipment, loudspeakers, or public-address systems are prohibited on Commission Property, unless approved by the Commission Director or Park Supervisor. It is also prohibited to operate a motor vehicle, radio, television, large electrical appliance, refrigerator, or any device in a manner that produces excessive noise. Section 16. PUBLIC EXHIBITION No person shall exhibit any machine, display, or animal; perform any acrobatic exhibitions; carry on any performance; or do anything whatsoever on Commission Property that causes persons to congregate so as to interfere with the proper use of Commission Property by the general public or to obstruct the passage of vehicles or persons, without a permit/agreement. Section 17. HUNTING, FISHING AND TRAPPING No person shall catch, wound, kill, or attempt to catch, wound, or kill any animal, unless approved by the Commission or these Rules. No person shall steal any nest, lair, den, or burrow of any animal in or upon any Commission Property, unless approved by the Commission or these Rules. 1. Hunting. No person shall hunt any animal in or upon any Commission Property, unless approved by the Commission. a. Firearms Hunting. The use of firearms for hunting is prohibited unless approved by the Commission. All hunting will be in accordance with the laws of the State of Michigan and regulations promulgated by Michigan Department of Natural Page 12 2023 Park Rules Resources. All hunters must also abide by any additional Rules established by the Commission. b. Archery hunting. Archery hunting shall be in accordance with the laws of the State of Michigan and regulations promulgated by Michigan Department of Natural Resources. Archery hunting for white-tailed deer is permitted at Rose Oaks, Highland Oaks, Independence Oaks -North, Addison Oaks -East, Orion Oaks, and Lyon Oaks (Day -use area only) during Michigan Department of Natural Resources archery seasons for Oakland County. Any additional archery hunting opportunities will be approved by the Commission and posted on the OCPR website and within designated areas of specific parks. c. Safety zones. 450-FOOT SAFETY ZONES FOR RESIDENTIAL/COMMERCIAL AREAS ARE SIGNED AND STRICTLY ENFORCED ON COMMISSION PROPERTY. 2. Fishing. Fishing is permitted within or upon Commission Property in accordance with the laws of the State of Michigan and regulations promulgated by Michigan Department of Natural Resources in such areas designated for such purposes. Ice fishing is permitted on Commission Property, at your own risk. The Commission assumes no liability for injuries sustained while ice fishing. All shanties must comply with the laws of the State of Michigan and regulations promulgated by Michigan Department of Natural Resources. a. Upper Bushman Lake at Independence Oaks -North County Park has been designated as a Special Regulation Catch -and -Release -Only Fishery by the Michigan Department of Natural Resources (MDNR) Fisheries Division. 3. Trapping. Trapping of animals is not permitted on Commission Property, unless otherwise advertised by the Commission. All trapping will be in accordance with the laws of the State of Michigan and regulations promulgated by Michigan Department of Natural Resources. All trappers must also abide by any additional Rules established by the Commission. a. Beaver trapping occurs by invitation lottery only during nuisance conditions as determined by the Oakland County Parks and Recreation Natural Resources Management Team. 4. Cameras. Use of trail or game cameras is permitted only in areas open to archery hunting during hunting season for the purpose of observing wildlife for hunting. All cameras must be clearly marked with owner's name, address, and telephone number visible from the ground. Cameras cannot be affixed to trees or shrubs in any manner that causes damage per Section 18. Cameras may not be used for the purpose of general wildlife observation or observation of Persons on Commission Property. Section 18. DESTRUCTION OF PLANT LIFE AND NATURAL SURROUNDINGS No Person shall: 1. Cut, remove, destroy, chip, blaze, box, girdle, trim, deface, injure, gather, or uproot, any tree, shrub, fern, forb, grass, rush, sedge, plant, or other natural material, whether alive or dead, on Commission Property, without the Commission Director's approval. 2. Remove or cause to be removed any seeds, sod, soil humus, peat, boulders, firewood, gravel, or sand on or from Commission Property without Page 13 2023 Park Rules the Commission Director's approval.Leave a designated trail or create new trails on Commission Property without Commission Director's approval; or 3. Construct structures or other facilities with natural materials from Commission Property. Section 19. LITTERING AND POLLUTION OF PROPERTY OR WATERS It shall be unlawful: 1. To discard or deposit refuse of any kind or nature in or upon the Commission Property, except by placing said refuse in containers provided for such purpose; or 2. To throw, cast, lay, drop, or discharge into or leave on any Commission Property any substance, thing, liquid, or solid, which may or shall result in the pollution of Commission Property. Section 20. FIRES 1. No Person shall willfully set or cause to be set on fire any tree, woodland, brush land, grassland, or meadow upon any Commission Property, unless approved by the Commission. 2. No Person shall build any fire upon Commission Property, except within the fireplace, receptacles, or open spaces approved and designated for such purposes. 3. No Person shall drop, throw, or otherwise scatter lighted matches, burning cigars, cigarettes, tobacco, paper, or other flammable material within or upon any Commission Property. 4. No pallets, treated wood, or other noxious materials are to be put in campfires. Section 21. DESTRUCTION OF BUILDINGS, MARKERS, MONUMENTS, AND OTHER PROPERTIES No Person shall upon Commission Property: 1. Willfully destroy, deface, alter, change, or remove any monument, stone marker, benchmark, stake, post, or blaze, marking or designating any boundary line, survey line, or reference point; 2. Cut breaks, mark upon, or otherwise damage any building, equipment, bridge, drain, wall, fountain, lamp post, fence, gate, hedge, or other structure; 3. Deface, destroy, or remove any placard, notice, or sign, whether permanent or temporary; or 4. Appropriate, excavate, damage, or destroy any historic or prehistoric ruin or any object of antiquity, without the Commission's approval. Section 22. CONTRABAND All game animals, fowl, birds, fish, and other aquatic life hunted, killed, taken, destroyed, bought, sold, bartered, or had in possession, contrary to any of the provisions hereof, shall be declared to be contraband and shall be turned over to the Michigan Department of Natural Resources for disposal. Page 14 2023 Park Rules Section 23. FIREARMS The use, possession, and carrying of firearms on Commission Property shall be governed by federal, state, and local law. Section 24. FIREWORKS No Person shall fire, discharge, or have in his or her possession any rocket, firecrackers, sparklers, torpedo, squib, floating sky lanterns, other fireworks, or any substance of an explosive or dangerous nature within or upon the Commission Property, unless approved by the Commission Director through an agreement or permit. Any agreement/permit issued hereunder shall not relieve a person from obtaining the necessary permits as required by law from the local governing authority where the Park is located. Section 25. PEDDLING AND SOLICITING It shall be unlawful for any Person to peddle or solicit business of any nature whatsoever, to distribute handbills or other advertising material, or to post unauthorized signs on any Commission Property, unless approved by the Commission Director. Section 26. ANIMALS AND BIRDS 1. Prohibitions. It shall be unlawful for any persons while upon or within Commission Property to: a. Bring, drive, or lead any animal, including but not limited to horses and livestock onto Commission Property, except as otherwise provided by law, these Rules, or if approved by the Commission Director; b. Allow or bring a petting zoo on Commission Property, unless approved by the Commission Director; c. Ride a horse in a careless, negligent, or reckless manner so as to create a nuisance or to endanger property or other persons; d. Feed any wildlife; e. Cause any animal to run at large; f. Remove any animal from Commission Property, including but not limited to turtles, frogs, and mudpuppies; g. Torture, abuse, ill-treat, or neglect any animal; h. Dispose of, release, or set free any wild or domestic animal upon Commission Property unless approved by the Commission Director; i. Bring animals in beach areas, waterparks, county market, concession areas, waterways, or in cabins or yurts; or j. Leave pets unattended. 2. Snakes and Snake Bites. Snakes shall not be harmed, harassed, or killed. All snake bites must be reported immediately to 911. Snake bite victims must provide bite incident details to the Park Supervisor or Park Natural Resources Project Coordinator. 3. Service Animals. Notwithstanding any other Park Rule, service animals are allowed in all areas of Commission Property, except, subject to and in accordance with state or federal laws, rules, and regulations. 4. Liability. Owners or caretakers of animals assume full responsibility for all animals brought onto Commission Property. Page 15 2023 Park Rules 5. Dogs. a. Persons may bring dogs on Commission Property if they are on a leash (not longer than six feet) or if they are confined to a tent or camping trailer (consistent with these rules), unless prohibited by posting or otherwise provided by these Rules. b. All dogs must have a current license. c. Owners or caretakers must clean up all dog droppings. d. Unruly dogs are prohibited on Commission Property. Unruly dogs are defined as dogs that are not controllable by their owners or caretakers, dogs which physically attack or bite another dog or human (when not provoked), or dogs which physically pin other dogs to the ground (when not provoked). e. All dog bites must be reported immediately to the Park Supervisor or a law enforcement office, who will contact Oakland County Animal Shelter and Adoption Center. The dog must then be confined until the law enforcement officer or Commission staff arrive at the scene. 6. Dog Parks. The Commission may designate areas for the purpose of exercising dogs off leash. While in the dog park areas, all dogs and their owners or caretakers must obey all Park Rules, including: a. Dogs must be on leash when entering and exiting the dog park. Owners must always carry leash with them while in the dog park. b. Maximum of two dogs per patron. c. Dogs must have current license, up-to-date vaccinations, and respond to voice commands. d. Shock collars, metal pinch/choke collars or collars with metal links are not allowed in the dog park. e. No dogs under four months of age allowed in the dog park. f. Small dog area is for dogs 25 pounds or less. g. Owners or caretakers assume full responsibility for all dogs brought onto Commission Property. h. Dogs must be always accompanied and supervised by an adult (age 18 or older). Dogs must never be left unattended in the dog park. i. Children, ages 12 and under, must be accompanied and closely supervised by a parent or adult present inside the dog park, always. j. No food, human or animal, is allowed in the dog park. k. Dogs in heat may not enter the dog park. I. Owners or caretakers must clean up dog droppings; bags are provided on site. m. Lake Sixteen Dog Dock access at Orion Oaks is for dogs only. Lake Sixteen Boat Launch is not part of the Dog Park. n. Dogs are not allowed to dig in the dog park. Owner must fill in any holes. o. Toys, balls, bowls, or pools may not be brought to, or left at, the dog park. Page 16 2023 Park Rules Section 27. UNMANNED AIRCRAFTS, HOT AIR BALLOONS, AIRPLANES, AND PARACHUTES 1. No Person shall make any ascent in any hot air balloon, airplane or ultra -light, or any descent in or from any hot air balloon, airplane or parachute on any Commission Property unless approved by the Commission Director. 2. Any Person operating an unmanned aircraft or remote -control aircraft shall do so in accordance with all federal and state laws and regulations. 3. Remote controlled cars, boats, or other vehicles shall only be operated in designated areas. Section 28. UNLAWFUL OBSTRUCTION No Person shall by force, threats, intimidations, unlawful fencing, enclosing or by other means, prevent or obstruct any person from entering, leaving, or making full use of any Commission Property. Section 29. HINDERING COMMISSION EMPLOYEES No Person shall interfere with, or in any manner hinder, any Commission employee or agent while performing their official duties. Section 30. RESISTING COMMISSION EMPLOYEES No Person shall interfere with any Commission employee in the discharge of their duties or fail or refuse to obey any lawful command of any park employee. Section 31. IMPERSONATING COMMISSION EMPLOYEES No Person shall impersonate any Commission employee or agent for any reason whatsoever. Section 32. FINES AND IMPRISONMENT Except as otherwise provided by law, any Person violating these Park Rules and Regulations shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $100 and costs of prosecution or imprisoned in the Oakland County Jail for a period not exceeding 90 days, or both, for each offense. Section 33. SPECIAL USE AREAS Special use areas will have posted Commission rules and regulations specific to the area's use and users' conduct. Special use areas include but are not limited to: beaches; waterparks; bicycle motocross track; bicycle skills course; skateboard parks; dog parks; disc golf course; golf; miniature (putt -putt) golf; driving range; cross-country ski trails; playgrounds; mountain biking trails; and any other designated areas with their own specific rules and regulations. Section 34. FREE SPEECH 1. Parks are traditional public forums that citizens may use for the purpose of assembly, communicating thoughts, discussing public questions and protests. Peaceful assemblies, public demonstrations and other types of protests are permissible except where such activity will do the following: (a) disrupt scheduled Page 17 2023 Park Rules events at or on Commission Property, (b) create a hazard to Commission Property, (c) physically interfere with other Person's use of Commission Property; or (d) block traffic or block the path of others using Commission Property. 2. "Disrupt," as used above, does not include peacefully holding a protest sign at a public meeting or acting in a manner that does not prevent others from participating in a scheduled event at or on Commission Property, that does not create a hazard to the health, welfare, and safety of other Persons, or that does not destroy or damage Commission Property. 3. If a planned assembly or public demonstration on Commission Property can be reasonably anticipated to disrupt, create a hazard, physically interfere, or block traffic or the path of other patrons, as specified above in numbered paragraphs 1-4, organizers of such activities shall provide two business days' notice to the Commission Director. 4. Speech may not be restricted based on content or views expressed, except that the speakers may not: (a) use fighting words, which are words by which their very utterance tends to incite an immediate breach of the peace; (b) threaten to physically harm others; or (c) engage in obscene speech or conduct as that term is defined by MCL 752.362(5). 5. Organizers must also comply with all other governmental requirements, including these Rules and local ordinance, for conducting such assemblies or public demonstrations. Section 35. PHOTOGRAPHY, VIDEO, AND AUDIO RECORDING Persons may take still photographs or video or audio recordings on Commission Property without first obtaining a written permit/agreement, unless any of the following apply: 1. The photographs or recordings are being taken for the purpose of advertising a product or service. 2. The photographs or recordings involve professional or amateur casts, props, models, or crews, other than bona fide news media personnel covering a news event that cannot be covered at any other time or at any other location. 3. The project requires access to Commission Property that is closed or restricted to the public; and 4. The project carries substantial risk of damaging Commission Property, disrupting other Persons, disrupting Commission operations, or compromising public health and safety regulations already covered by law. Section 36. CONSUMPTION AND SALE OF ALCOHOLIC BEVERAGES Consumption of Alcoholic Beverages on Commission Property. Alcoholic beverages may be brought into and consumed on Commission Property, subject to the following: a. Persons who bring and consume alcoholic beverages on Commission Property are responsible for their own actions and must be in compliance with all laws and Park Rules. b. No Person under the age of 21 may consume or purchase alcoholic beverages on Commission Property. If any underage drinking is suspected, the Oakland Page 18 2023 Park Rules County Sheriff's Office and/or the local police department will be immediately notified. c. No alcoholic beverages are permitted at dog parks, waterparks, waterpark parking lots, and concession areas. d. Persons shall not bring alcoholic beverages to Commission golf courses (except for Red Oaks golf course), and Commission banquet facilities, including the parking lots for these areas, where a license from the Michigan Liquor Control Commission to sell alcoholic beverages is in place. e. Keg beer is not allowed at or on Commission Property, unless served by a caterer or entity approved in writing by the Park Supervisor. f. When a Person or entity reserves and uses Commission Property, the consumption of alcoholic beverages at such facility or property shall also be governed by the written agreement, which provides for the use of the Commission Property. 2. Sale of Alcoholic Beverages on Commission Property. The sale of alcoholic beverages within or on Commission Property is prohibited, subject to the following exceptions: a. At formally established concession or banquet facilities operated by, or under contract with, the Commission. The contract with the Commission shall address all aspects of the sale of alcoholic beverages, including licenses, liability, and insurance. b. At events that meet all of the following requirements: i. A written request to sell Alcoholic Beverages on Commission Property is submitted to, reviewed by, and approved by the Commission Director; and ii. The Person requesting to sell Alcoholic Beverages is an established non- profit, charitable entity which meets the following requirements: a. Has actively functioned in Oakland County for at least two years b. Is recognized as having provided substantial benefit in the interest of the public in Oakland County, and c. The Commission Director has determined in the exercise of its reasonable discretion, based on the available evidence, that the proceeds from the approved sale of alcohol will be used primarily to serve the interests of the public in Oakland County; and d. A license from the Michigan Liquor Control Commission is secured and provided to Commission staff.; and e. All insurance for the event as required by the Oakland County Department of Risk Management has been provided to Commission staff; and f. The event will be short term; and g. The Person requesting to sell Alcoholic Beverages executed a permit/agreement . Page 19 2023 Park Rules DEFINITIONS "Commission" shall mean the Oakland County Parks and Recreation Commission created pursuant to Section 1 of Public Act 261 of 1965, MCL 46.351.. "Commission Director" shall mean the person appointed by the Oakland County Parks and Recreation Commission and confirmed by the Oakland County Board of Commissions pursuant to Section 15 of Public Act 261 of 1965, 46.365. "Commission Property" shall mean all lands, waters and property administered by or under the jurisdiction of the Oakland County Parks and Recreation Commission. "Person" or "persons" shall mean individuals, firms, corporations, or any group or gathering of individuals. "Resident" shall mean any individual who resides within the County of Oakland as confirmed by a government issued ID. "Rules" shall mean the rules and regulations adopted by the Oakland County Parks and Recreation Commission and approved by the Oakland County Board of Commissioners, applicable to all property administered by or under the jurisdiction of the said Commission and all amendments thereto. These rules and regulations are enforced in compliance with Public Act 261 of 1965, MCL 46.351, et seq. "Camping" shall mean the overnight lodging or sleeping of person or persons in a tent, trailer —coach, vehicle camper, motor vehicle, or in any other conveyance erected, parked, or placed on the premises within any park or recreation area administered by the Oakland County Parks and Recreation Commission. "Alcoholic Beverages" refers to products of distillation of any fermented liquid whether rectified or diluted with water or other liquid, including beer, wine, and liquor, but does not mean ethyl or industrial alcohol, diluted or not, that has been denatured or otherwise rendered unfit for beverage purposes. (based on the definition contained in the Michigan Liquor Control Act, Act 58 of 1998; MCL 436.1105(1)) Page 20 2023 Park Rules RETURN TO AGENDA Oakland County Parks and Recreation Commission Agenda Item Memo Agenda #: 4 Department: Administration From: Melissa Prowse, Manager — Planning & Development Subject: Mill Pond Dam Agreement — First Amendment INTRODUCTION AND HISTORY In 2015, Oakland County Parks and Recreation entered into an interlocal agreement with Springfield Township for the maintenance and repair of the Mill Pond Dam in Davisburg. Both OCPR and Springfield Township have property along the Mill Pond Dam waterfront, and the agreement outlined a cost share for maintenance and repairs to be split 55% OCPR/45% Springfield Township based on the percentage of property owned on the dam. With the Mill Pond Dam Removal and Restoration project scheduled to be completed this year, staff (with Corporation Counsel) have created an amendment to the agreement outlining the removal of the dam and the restoration of the property. It indicates both parties' willingness to redraw the property lines once the project is complete, using the river as the new boundary between OCPR and Township property. The amendment also includes a provision for the entire agreement to expire when the project is complete and the new parcel boundaries are finalized. ATTACHMENTS 1. First Amendment to the Agreement for Mill Pond Dam Maintenance and Repair Between Oakland County and Charter Township of Springfield. STAFF RECOMMENDATION The staff recommends that the Parks Commission approve the First Amendment to the Agreement for Mill Pond Dam Maintenance and Repair Between Oakland County and the Charter Township of Springfield and forward the agreement to the Oakland County Board of Commissioners for approval. MOTION Move to approve the First Amendment to the Agreement for Mill Pond Dam Maintenance and Repair Between Oakland County and the Charter Township of Springfield and forward the agreement to the Oakland County Board of Commissioners for approval. FIRST AMENDMENT TO THE AGREEMENT FOR MILL POND DAM MAINTENANCE AND REPAIR BETWEEN OAKLAND COUNTY AND CHARTER TOWNSHIP OF SPRINGFIELD This First Amendment (1st Amendment) is entered on , between the County of Oakland, 1200 North Telegraph Road, Pontiac, Michigan 48341, by and through its statutory agent the Oakland County Parks and Recreation Commission ("OCPRC") and the Charter Township of Springfield, 12000 Davisburg Road, Davisburg, MI 48350 ("Township"). BACKGROUND A. The Parties entered into an Agreement on July 16, 2015 ("Original Agreement") to delineate the duties and responsibilities between the Parties with respect to service, maintenance, and repair of the Dam (as defined in the Original Agreement). The Original Agreement and this 1st Amendment shall be collectively referred to as the "Agreement." B. Based on previous studies and inspections indicating a need for significant investment into the Dam, in late 2018, OCPRC commissioned a feasibility study for a recommendation regarding whether to replace or remove the Dam. C. In July 2019, both OCPRC and the Township conceptually approved Dam removal and restoration of the real property adjacent to and surrounding the Dam ("Restoration"). D. Since July 2019, through a committee comprised of members from OCPRC and the Township and with the assistance of outside contractors, the following has been completed regarding Dam removal and Restoration: (1) preliminary design, (2) engineering, (3) grant writing, (4) public outreach, (5) conceptual design, and (6) selection of a contractor to perform Dam removal, Restoration, installation of a culvert, and roadway improvements . E. The Original Agreement does not address the Dam removal and Restoration. Thus, at this time, the Parties desire to amend the Original Agreement to include Dam removal and Restoration. F. In consideration of the mutual covenants and benefits contained herein, the Parties agree as follows: 1st AMENDMENT §1. Incorporation of Background Paragraph. All paragraphs contained in the "Background" Section of 1st Amendment are incorporated herein. §2. Removal of Dam and Restoration of the Surrounding Real Propertv. 2.1. The scope and the delineation of duties and responsibilities of the Original Agreement shall be expanded to include Dam removal, Restoration, installation of a culvert, and roadway improvements. Accordingly, all provisions of the Original Agreement where the phrase "service, maintenance, and repair of the Dam" is used, shall be amended to state: "service, maintenance, and repair of the Dam; Dam removal; restoration of the real property adjacent to and surrounding the Dam; installation of a culvert; and roadway improvements." Pagel of 3 1 st Amendment FINAL VERSION 2.2. The Parties acknowledge and agree that they collaborated and reached a consensus regarding the Dam removal and Restoration pursuant Section 3.2 of the Original Agreement. The scope and description of work for the Dam removal and Restoration is set forth in Oakland County Contract Number 010068 (Davisburg Dam —Removal MI). §3. Completion of Dam Removal and Restoration. Upon completion of the Dam removal and Restoration, as described in Oakland County Contract Number 010068 (Davisburg Dam —Removal MI), OCPRC shall retain a survey consultant to redraw the real property boundary lines consistent with the conceptual drawings contained in Attachment A. The survey shall also include an easement from the Township to OCPRC to allow OCPRC access to its property north of the railroad tracks. Attachment A is incorporated in this Amendment. The Parties shall convey the real property as depicted and described in the survey required by this Section pursuant to a warranty deed, vesting fee simple title in the other Party. The easement shall be conveyed pursuant to an easement agreement. §4. Township Contribution. The Parties acknowledge that certain funds consisting of funds allocated to the Township from the Road Commission for Oakland County's ("RCOC") Tri-Party Program, as well as other funds/services being provided by RCOC, shall be a part of the Township's required forty-five percent (45%) contribution as set forth in the Original Agreement §5. Termination. Neither Party may terminate this Agreement pursuant to Section 8 of the Original Agreement until all the deeds and easement agreement required by Section 3 of 15t Amendment are recorded. §6. Expiration of Agreement. This Agreement shall automatically expire, without further action of the Parties, on the date all the deeds and easement agreement required by Section 3 of 1st Amendment are recorded. The County shall also file an affidavit in the Oakland County Register of Deeds to nullify the affidavit recorded at Liber 46563, Page 797 in the Oakland County Register of Deeds. §7. Continuation of Agreement Terms and Conditions. All other terms and conditions of the Original Agreement shall continue with full force and effect, except as modified herein. §8. Entire Agreement. The Original Agreement and 1st Amendment constitute the entire agreement and understanding between OCPRC and the Township and supersede all other prior oral or written understandings, communications, or agreements between OCPRC and the Township. Page 2 of 3 1 st Amendment FINAL VERSION THE COUNTY OF OAKLAND: David T. Woodward, Chairperson, Oakland County Board of Commissioners THE CHARTER TOWNSHIP OF SPRINGFIELD: Page 3 of 3 1 st Amendment FINAL VERSION Date Date RETURN TO AGENDA Oakland County Parks and Recreation Commission Agenda Item Memo Agenda #: 5 Department: Administration From: Melissa Prowse, Manager — Planning & Development Subject: Farmers Market Update & Request to Negotiate/ED&I INTRODUCTION AND HISTORY Staff will provide an update to the Commission on the status of the HUD funding for the Oakland County Market Modernization and Improvement grant. If the Commission would like to continue to explore the option of moving the Farmer's Market to a location in Pontiac, staff will need direction to present the opportunity to the Economic Development & Infrastructure Committee of the Board of Commissioners in order to negotiate a potential lease or purchase of property. If the Commission is interested in further exploring the Pontiac option staff recommends engaging with a planning and/or market research firm to assist with a feasibility/market study of moving the market, as well as potential design services. A similar study was done for the Farmer's Market shortly after parks and recreation began operating the market. STAFF RECOMMENDATION The staff recommends that the Parks Commission direct staff to request authorization to negotiate the sale or lease of real property from the Economic Development & Infrastructure Committee of the Oakland County Board of Commissioners. MOTION Move to direct staff to request authorization to negotiate the sale or lease of real property from the Economic Development & Infrastructure Committee of the Oakland County Board of Commissioners. RETURN TO AGENDA Oakland County Parks and Recreation Commission Memo Agenda #: 6 Department: Administration From: Chris Ward, Director Subject: Royal Oak Township License Agreement - ARPA INTRODUCTION AND HISTORY The Board of Commissioners approved the Healthy Communities Park and Outdoor Recreation Infrastructure Investment Plan recommended by the Parks and Commission last fall. Under the provisions of the plan, funding was set aside to assist several local communities with priority park investments projects. Our staff worked with the leadership of the Charter Township of Royal Oak to select a project to utilize these funds to enhance recreational opportunities for local residents — construction of a new universally accessible play structure at Mack -Rowe Park. Royal Oak Township has requested that Oakland County Parks provide additional administrative, engineering and planning assistance to manage the completion of this project. Oakland County Parks will act as fiduciary and project manager on behalf of the Township and ensure compliance with the requirements of the American Rescue Plan Act. The Township will retain ownership and management responsibilities for the park and the upgraded facilities. Corporation Counsel has prepared the attached intergovernmental agreement to provide the legal framework and authorization for Oakland County Parks and Recreation to perform these duties on behalf of the Township and move forward with the project. Action of the Board of Commissioners is also needed to authorize the expenditure of appropriated Rescue Plan Act funds for community projects incorporated in the Healthy Communities Plan. The agreement will be forwarded to the Board of Commissioners for approval following execution by Royal Oak Township. MOTION Move to recommend to the Board of Commissioners approval of the attached License Agreement and Consent to Work for the Mack -Rowe Park Project with the Charter Township of Royal Oak. Move to recommend to the Board of Commissioners that Oakland County Parks and Recreation be authorized to expend an amount not to exceed $300,000 from funds appropriated for the Healthy Communities Healthy Communities Park and Outdoor Recreation Infrastructure Investment Plan to complete the Mack -Rowe Park Project described in Exhibit A of the Agreement. Healthy Communities Park and Outdoor Recreation Investment Plan Mack -Rowe Park Project - License Agreement and Consent to Work This Agreement is made between the County of Oakland, 1200 North Telegraph Road, Pontiac, MI 48341, the Oakland County Parks and Recreation Commission, 2800 Watkins Lake Road, Waterford, MI 48328 (hereinafter and collectively "OCPRC") and Charter Township of Royal Oak, 21131 Garden Lane, Ferndale, MI 48220 ("hereinafter "Public Body"). OCPRC and Public Body may be referred to individually as "Party" and jointly as "Parties." Introduction A. On March 11, 2021, the American Rescue Plan Act of 2021 (ARPA") was signed into law. Section 9901 of ARPA amended Title VI of the Social Security Act to add Section 603, establishing the Coronavirus Local Fiscal Recovery Fund ("LFRF"). Oakland County was allocated $244,270,949.00 in LFRF monies. B. The COVID-19 Pandemic and resulting mitigation measures highlighted the essential role that parks, trails, and natural spaces play in supporting mental and physical health. C. The United States Department of Treasury issued the Final Rule on April 1, 2022 and other guidance for qualified uses of LFRF monies. Those qualified uses include park improvements that serve residents and communities that were disproportionately impacted by the negative effects of the COVID-19 Pandemic. Oakland County has determined that the monies used to perform this Agreement fall within the "revenue loss" eligible use category (Expenditure Category 6.1) under ARPA. D. The revenue loss eligible use category provides recipients broad latitude to use funds for the provision of government services to the extent of reduction in revenue due to the pandemic. E. Accordingly, the Oakland County Board of Commissioners appropriated 15 million dollars of LFRF monies, in Miscellaneous Resolution #22-338, to fund and support the Healthy Communities Park and Outdoor Recreation Investment Plan ("Plan") created by OCPRC. F. The Plan is a comprehensive approach, using LFRF monies, to fund park improvements in areas most disproportionally impacted by the COVID 19 pandemic. G. Part of the Plan includes a one-time park improvement for the Public Body. In consideration of the mutual promises, obligations, representations, and assurance in this Agreement, the Parties agree to the following: Use of Property. 1.1. Property. The real property that may be accessed and used is described and depicted in Exhibit A (hereinafter "Property"). Exhibit A is incorporated into this Agreement. Page 1 of 6 LICENSE AGREEMENT AND CONSENT TO WORK 1.2. License/Access. OCPRC, including its officials, employees, volunteers, agents, and contractors (individually and collectively) are granted a license to access the Property and perform the work described in Exhibit A. The work described in Exhibit A is hereinafter referred to as "Work." 1.3. Fee. There shall be no fee charged by Public Body for access to and use of the Property. 2. Term of Agreement. The Term of this Agreement is set forth in Exhibit A. 3. Condition of Property. During this Agreement, OCRPC shall keep the Property in in a clean and safe condition and free of trash. Except for normal wear and tear and the Work performed, OCPRC's use of the Property shall not cause damage or waste to the Property. 4. Condition of Property upon end of Agreement. Except for normal wear and tear and the Work performed, at the expiration or termination of this Agreement, OCRPC shall leave the Property in a similar condition that OCPRC found it. 5. Compliance with Law & Permits/Licenses. 5.1. Compliance with Law. Public Body and its officials, employees, volunteers, agents, and contractors and OCPRC and its officials, employees, volunteers, agents, and contractors, shall comply with all applicable federal, state, and local laws, regulations, rules, ordinances, and the provisions of this Agreement. 5.2. Discrimination. Public Body and its officials, employees, volunteers, agents, and contractors and OCPRC and its officials, employees, volunteers, agents, and contractors, shall not discriminate against an employee or an applicant for employment in hiring, any terms and conditions of employment or matters related to employment regardless of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, genetic information, height, weight, disability, veteran status, familial status, marital status or any other reason, that is unrelated to the person's ability to perform the duties of a particular job or position, in accordance with applicable federal and state laws. 5.3. ARPA and LFRF Monies. The Parties acknowledge that the monies used by OCPRC to perform this Agreement have been appropriated and designated from Oakland County LFRF monies and that the monies used to perform this Agreement fall within the "revenue loss" eligible use category (Expenditure Category 6.1) under ARPA. 5.4. State & Federal Licenses/Permits/Approvals. Notwithstanding any other provision to the contrary, OCPRC is responsible for and shall obtain, at its sole expense, all state and federal licenses, permits, and other governmental approvals that are necessary for the Work on or around the Property. When requested by OCPRC, Public Body shall assist in the process of obtaining such licenses, permits, and other governmental approvals. Any costs incurred by Public Body in assisting OCPRC, under this subsection, shall be paid by OCPRC. Page 2 of 6 LICENSE AGREEMENT AND CONSENT TO WORK 5.5. Local Licenses/Permits/Approvals. Notwithstanding any other provision to the contrary, Public Body shall be responsible for and shall obtain, at its sole expense, all local licenses, permits, and other governmental approvals that are necessary for the Work on or around the Property. When requested by Public Body, OCPRC shall assist in the process of obtaining such licenses, permits, and other governmental approvals. Any costs incurred by OCPRC in assisting Public Body, under this subsection, shall be paid by Public Body. 6. Alterations, Additions, Changes to Property. Except for the Work performed pursuant to Exhibit A, OCPRC shall not make any alterations, additions, or changes to the Property, without the prior written approval of Public Body. 7. Property AS IS. OCPRC ACCEPTS THE PROPERTY "AS IS." OCPRC ACKNOWLEDGES THAT IT HAD THE OPPORTUNITY TO INSPECT THE PROPERTY AND EITHER INSPECTED THE PROPERTY OR CHOSE NOT TO INSPECT THE PROPERTY. 8. OCPRC Responsibilities. 8.1. Performance of Work. OCPRC or its officials, employees, volunteers, agents, and contractors shall perform the Work at no cost to Public Body. 8.2. Work Notice. OCPRC shall provide Public Body 24 hour written notice before commencement of the Work. 8.3. Completion of Work. Upon completion of the Work, OCPRC shall transfer the finished product/equipment resulting from the Work ("Resulting Product") and all available warranties associated therewith to the Public Body via a bill of sale, prepared by OCPRC, for one dollar ($1.00). 9. Public Bodv Responsibilities/Representations. 9.1. Property Ownership/Rights. Public Body represents and warrants the following to OCPRC: 9.1.1. Public Body owns the Property; 9.1.2. Public Body has the right to enter into this Agreement; and 9.1.3. OCRPC's entry and Work on the Property will not violate any other agreement or restrictions to which Public Body or the Property is subject to. 9.2. Request and Consent to Work. Public Body acknowledges that it requests the Work and consents to OCPRC or its officials, employees, volunteers, agents, and contractors performing the Work. 9.3. Assumption of Risks. Public Body assumes the risks associated with the Work performed by OCPRC and its officials, employees, volunteers, agents, and contractors. Page 3 of 6 LICENSE AGREEMENT AND CONSENT TO WORK 9.4. Maintenance and Repair of Resulting Product. Upon the execution of the bill of sale for the Resulting Product, Public Body, at its sole cost, shall maintain, operate and repair the Resulting Product fifteen (15) years. 9.5. Transfer of Ownership/Disposal of Resulting Product. Public Body shall not transfer ownership of or dispose of the Resulting Product fifteen (15) years, without OCRPC prior approval, except for disposal of the Resulting Product that has been destroyed or damaged, so as not to be safe for its intended use. 10. Liability/Assurances. 10.1. Waiver/Release. Public Body waives, releases, discharges, and covenants not to sue OCPRC and its officials, employees, volunteers, agents, and contractors for liability, damages, injuries, claims, or demands arising out of or in any way connected to the performance of this Agreement. 10.2. Hazardous Material/Waste. Except for the materials used in the Work, OCPRC and its officials, employees, volunteers, agents, and contractors shall not cause or allow any person or entity to discharge any hazardous material, waste, or debris on or around any the Property. 10.3. Reservation of Rights/Limitation of Liabilitv. In no event shall OCPRC be liable for any consequential, incidental, indirect, special, and punitive or other damages arising out of this Agreement. This Agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty, or immunity of either Party or their officials, employees, or volunteers. 11. Survival. Sections 9 and 10 and the duties, obligations, warranties, and representations contained herein shall survive the expiration or termination of this Agreement. 12. Termination 12.1. Termination for Failure to Obtain Licenses/Permits/Approvals. If either Party fails to obtain the required licenses, permits and other governmental approvals required to perform the Work, then either Party may terminate this Agreement upon fourteen (14) calendar days written notice to the other Party. If this Agreement is terminated pursuant to this Section, OCPRC's obligation to perform the Work shall cease. 12.2. Termination for Default. Either Party may terminate or cancel this Agreement, in whole or part, upon sixty (60) calendar days' notice to the other Party, if the Party materially breaches or defaults any duty or obligation contained herein and within such notice period has failed or has not reasonably attempted to cure the breach or default. The effective date of termination and the specific alleged breach/default shall be clearly stated in the notice. 13. No Interest in Propertv. OCPRC, by virtue of this Agreement, shall not have any title to or interest in the Property or any portion thereof. OCPRC has not, does not, and will not Page 4 of 6 LICENSE AGREEMENT AND CONSENT TO WORK claim any such title, interest, or any easement over the Property. This Agreement and/or any related affidavit or instrument shall not be recorded with the Oakland County Register of Deeds. 14. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. 15. Waiver. Waiver of any term or condition under this Agreement must be in writing. No written waiver, in one or more instances, shall be deemed or construed as a continuing waiver of any term or condition of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 16. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of any other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion, to determine which remedies are to be exercised and in which order. 17. Amendments. This Agreement cannot be modified unless reduced to writing and signed by both Parties. 18. Severability. If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms or conditions shall remain in full force and effect. 19. Governing Law. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. 20. Counterparts. This Agreement may be executed in one or more counterparts, including facsimile or electronic copies, each of which shall be deemed an original, but all of which shall together constitute one instrument. 21. Entire Agreement. This Agreement sets forth all covenants, promises, agreements, conditions, and understandings between the Parties concerning the use of the Property. There are no covenants, promises, agreements, conditions, or understandings, either oral or written, between the Parties other than are herein set forth. 22. Authorization. The Parties represent that the below signatories have the authority to execute and bind them to this Agreement. Page 5 of 6 LICENSE AGREEMENT AND CONSENT TO WORK APPROVED AND AUTHORIZED BY THE CHARTER TOWNSHIP OF ROYAL OAK: NAME: TITLE: DATE: SIGNATURE APPROVED AND AUTHORIZED BY OCPRC: NAME: TITLE: DATE: SIGNATURE APPROVED AND AUTHORIZED BY THE OAKLAND COUNTY BOARD OF COMMISSIONERS: NAME: TITLE: DATE: SIGNATURE Page 6of6 LICENSE AGREEMENT AND CONSENT TO WORK EXHIBIT A 1. Property Description: Mack -Rowe Memorial Park located north of Groveview Avenue, east of Reimanville Avenue, and west of Bethlawn Boulevard in the Charter Township of Royal Oak ("hereinafter "Park") a. Address: 21131 Garden Lane, Ferndale, MI 48220 b. PIN:25-33-328-023 2. Work Description: a. Description of "Work": OCPRC shall provide Park planning support, including public engagement. OCPRC shall perform the following at the Park: (1) removal of existing play equipment, (2) site preparation, and (3) installation of new play equipment, access routes associated with the new play equipment, and other amenities at the Park agreed to by the Parties. The value of materials and contracted work will not exceed three hundred thousand dollars ($300,000.00). b. Description of "Resulting Product/Equipment" to be Transferred to Public Body: ADA-compliant playground with associated access routes, amenities, and manufacturer's warranty for play equipment. 3. Term: The Agreement shall commence on May 1, 2023, and shall end on December 31, 2024 or on the date the Resulting Product/Equipment is transferred to the Public Body via a bill of sale, whichever date is first. RETURN TO AGENDA Oakland County Parks and Recreation Commission Memo Agenda #: 7 Department: Administration From: Chris Ward, Director Subject: Hazel Park License Agreement - ARPA INTRODUCTION AND HISTORY The Board of Commissioners approved the Healthy Communities Park and Outdoor Recreation Infrastructure Investment Plan recommended by the Parks and Commission last fall. Under the provisions of the plan, funding was set aside to assist several local communities with priority park investments projects. Our staff worked with the leadership of the City of Hazel Park to select a project to utilize these funds to enhance recreational opportunities for local residents — construction of a new universally accessible play structure and other improvements at Green Acres Park. Hazel Park has requested that Oakland County Parks provide additional administrative, engineering and planning assistance to manage the completion of this project. Oakland County Parks will act as fiduciary and project manager on behalf of the City and ensure compliance with the requirements of the American Rescue Plan Act. The City will retain ownership and management responsibilities for the park and the upgraded facilities. Corporation Counsel has prepared the attached intergovernmental agreement to provide the legal framework and authorization for Oakland County Parks and Recreation to perform these duties on behalf of the City and move forward with the project. Action of the Board of Commissioners is also needed to authorize the expenditure of appropriated Rescue Plan Act funds for community projects incorporated in the Healthy Communities Plan. The agreement will be forwarded to the Board of Commissioners for approval following execution by the City of Hazel Park. MOTION Move to recommend to the Board of Commissioners approval of the attached License Agreement and Consent to Work for the Green Acres Park Project with the City of Hazel Park. Move to recommend to the Board of Commissioners that Oakland County Parks and Recreation be authorized to expend an amount not to exceed $300,000 from funds appropriated for the Healthy Communities Healthy Communities Park and Outdoor Recreation Infrastructure Investment Plan to complete the Green Acres Park Project described in Exhibit A of the Agreement. Healthy Communities Park and Outdoor Recreation Investment Plan Green Acres Park Project - License Agreement and Consent to Work This Agreement is made between the County of Oakland, 1200 North Telegraph Road, Pontiac, MI 48341, the Oakland County Parks and Recreation Commission, 2800 Watkins Lake Road, Waterford, MI 48328 (hereinafter and collectively "OCPRC") and City of Hazel Park, 111 East Nine Mile Road, Hazel Park, MI 48030 ("hereinafter "Public Body"). OCPRC and Public Body may be referred to individually as "Party' and jointly as "Parties." Introduction A. On March 11, 2021, the American Rescue Plan Act of 2021 (ARPA") was signed into law. Section 9901 of ARPA amended Title VI of the Social Security Act to add Section 603, establishing the Coronavirus Local Fiscal Recovery Fund ("LFRF"). Oakland County was allocated $244,270,949.00 in LFRF monies. B. The COVID-19 Pandemic and resulting mitigation measures highlighted the essential role that parks, trails, and natural spaces play in supporting mental and physical health. C. The United States Department of Treasury issued the Final Rule on April 1, 2022 and other guidance for qualified uses of LFRF monies. Those qualified uses include park improvements that serve residents and communities that were disproportionately impacted by the negative effects of the COVID-19 Pandemic. Oakland County has determined that the monies used to perform this Agreement fall within the "revenue loss" eligible use category (Expenditure Category 6.1) under ARPA. D. The revenue loss eligible use category provides recipients broad latitude to use funds for the provision of government services to the extent of reduction in revenue due to the pandemic. E. Accordingly, the Oakland County Board of Commissioners appropriated 15 million dollars of LFRF monies, in Miscellaneous Resolution #22-338, to fund and support the Healthy Communities Park and Outdoor Recreation Investment Plan ("Plan") created by OCPRC. F. The Plan is a comprehensive approach, using LFRF monies, to fund park improvements in areas most disproportionally impacted by the COVID 19 pandemic. G. Part of the Plan includes a one-time park improvement for the Public Body. In consideration of the mutual promises, obligations, representations, and assurance in this Agreement, the Parties agree to the following: Use of Property. 1.1. Property. The real property that may be accessed and used is described and depicted in Exhibit A (hereinafter "Property'). Exhibit A is incorporated into this Agreement. Page 1 of 6 LICENSE AGREEMENT AND CONSENT TO WORK 1.2. License/Access. OCPRC, including its officials, employees, volunteers, agents, and contractors (individually and collectively) are granted a license to access the Property and perform the work described in Exhibit A. The work described in Exhibit A is hereinafter referred to as "Work." 1.3. Fee. There shall be no fee charged by Public Body for access to and use of the Property. 2. Term of Agreement. The Term of this Agreement is set forth in Exhibit A. 3. Condition of Property. During this Agreement, OCRPC shall keep the Property in in a clean and safe condition and free of trash. Except for normal wear and tear and the Work performed, OCPRC's use of the Property shall not cause damage or waste to the Property. 4. Condition of Property upon end of Agreement. Except for normal wear and tear and the Work performed, at the expiration or termination of this Agreement, OCRPC shall leave the Property in a similar condition that OCPRC found it. 5. Compliance with Law & Permits/Licenses. 5.1. Compliance with Law. Public Body and its officials, employees, volunteers, agents, and contractors and OCPRC and its officials, employees, volunteers, agents, and contractors, shall comply with all applicable federal, state, and local laws, regulations, rules, ordinances, and the provisions of this Agreement. 5.2. Discrimination. Public Body and its officials, employees, volunteers, agents, and contractors and OCPRC and its officials, employees, volunteers, agents, and contractors, shall not discriminate against an employee or an applicant for employment in hiring, any terms and conditions of employment or matters related to employment regardless of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, genetic information, height, weight, disability, veteran status, familial status, marital status or any other reason, that is unrelated to the person's ability to perform the duties of a particular job or position, in accordance with applicable federal and state laws. 5.3. ARPA and LFRF Monies. The Parties acknowledge that the monies used by OCPRC to perform this Agreement have been appropriated and designated from Oakland County LFRF monies and that the monies used to perform this Agreement fall within the "revenue loss" eligible use category (Expenditure Category 6.1) under ARPA. 5.4. State & Federal Licenses/Permits/Approvals. Notwithstanding any other provision to the contrary, OCPRC is responsible for and shall obtain, at its sole expense, all state and federal licenses, permits, and other governmental approvals that are necessary for the Work on or around the Property. When requested by OCPRC, Public Body shall assist in the process of obtaining such licenses, permits, and other governmental approvals. Any costs incurred by Public Body in assisting OCPRC, under this subsection, shall be paid by OCPRC. Page 2 of 6 LICENSE AGREEMENT AND CONSENT TO WORK 5.5. Local Licenses/Permits/Approvals. Notwithstanding any other provision to the contrary, Public Body shall be responsible for and shall obtain, at its sole expense, all local licenses, permits, and other governmental approvals that are necessary for the Work on or around the Property. When requested by Public Body, OCPRC shall assist in the process of obtaining such licenses, permits, and other governmental approvals. Any costs incurred by OCPRC in assisting Public Body, under this subsection, shall be paid by Public Body. 6. Alterations, Additions, Changes to Property. Except for the Work performed pursuant to Exhibit A, OCPRC shall not make any alterations, additions, or changes to the Property, without the prior written approval of Public Body. 7. Property AS IS. OCPRC ACCEPTS THE PROPERTY "AS IS." OCPRC ACKNOWLEDGES THAT IT HAD THE OPPORTUNITY TO INSPECT THE PROPERTY AND EITHER INSPECTED THE PROPERTY OR CHOSE NOT TO INSPECT THE PROPERTY. 8. OCPRC Responsibilities. 8.1. Performance of Work. OCPRC or its officials, employees, volunteers, agents, and contractors shall perform the Work at no cost to Public Body. 8.2. Work Notice. OCPRC shall provide Public Body 24 hour written notice before commencement of the Work. 8.3. Completion of Work. Upon completion of the Work, OCPRC shall transfer the finished product/equipment resulting from the Work ("Resulting Product") and all available warranties associated therewith to the Public Body via a bill of sale, prepared by OCPRC, for one dollar ($1.00). 9. Public Bodv Responsibilities/Representations. 9.1. Property Ownership/Rights. Public Body represents and warrants the following to OCPRC: 9.1.1. Public Body owns the Property; 9.1.2. Public Body has the right to enter into this Agreement; and 9.1.3. OCRPC's entry and Work on the Property will not violate any other agreement or restrictions to which Public Body or the Property is subject to. 9.2. Request and Consent to Work. Public Body acknowledges that it requests the Work and consents to OCPRC or its officials, employees, volunteers, agents, and contractors performing the Work. 9.3. Assumption of Risks. Public Body assumes the risks associated with the Work performed by OCPRC and its officials, employees, volunteers, agents, and contractors. Page 3 of 6 LICENSE AGREEMENT AND CONSENT TO WORK 9.4. Maintenance and Repair of Resulting Product. Upon the execution of the bill of sale for the Resulting Product, Public Body, at its sole cost, shall maintain, operate and repair the Resulting Product fifteen (15) years. 9.5. Transfer of Ownership/Disposal of Resulting Product. Public Body shall not transfer ownership of or dispose of the Resulting Product fifteen (15) years, without OCRPC prior approval, except for disposal of the Resulting Product that has been destroyed or damaged, so as not to be safe for its intended use. 10. Liability/Assurances. 10.1. Waiver/Release. Public Body waives, releases, discharges, and covenants not to sue OCPRC and its officials, employees, volunteers, agents, and contractors for liability, damages, injuries, claims, or demands arising out of or in any way connected to the performance of this Agreement. 10.2. Hazardous Material/Waste. Except for the materials used in the Work, OCPRC and its officials, employees, volunteers, agents, and contractors shall not cause or allow any person or entity to discharge any hazardous material, waste, or debris on or around any the Property. 10.3. Reservation of Rights/Limitation of Liabilitv. In no event shall OCPRC be liable for any consequential, incidental, indirect, special, and punitive or other damages arising out of this Agreement. This Agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty, or immunity of either Party or their officials, employees, or volunteers. 11. Survival. Sections 9 and 10 and the duties, obligations, warranties, and representations contained herein shall survive the expiration or termination of this Agreement. 12. Termination 12.1. Termination for Failure to Obtain Licenses/Permits/Approvals. If either Party fails to obtain the required licenses, permits and other governmental approvals required to perform the Work, then either Party may terminate this Agreement upon fourteen (14) calendar days written notice to the other Party. If this Agreement is terminated pursuant to this Section, OCPRC's obligation to perform the Work shall cease. 12.2. Termination for Default. Either Party may terminate or cancel this Agreement, in whole or part, upon sixty (60) calendar days' notice to the other Party, if the Party materially breaches or defaults any duty or obligation contained herein and within such notice period has failed or has not reasonably attempted to cure the breach or default. The effective date of termination and the specific alleged breach/default shall be clearly stated in the notice. 13. No Interest in Propertv. OCPRC, by virtue of this Agreement, shall not have any title to or interest in the Property or any portion thereof. OCPRC has not, does not, and will not Page 4 of 6 LICENSE AGREEMENT AND CONSENT TO WORK claim any such title, interest, or any easement over the Property. This Agreement and/or any related affidavit or instrument shall not be recorded with the Oakland County Register of Deeds. 14. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. 15. Waiver. Waiver of any term or condition under this Agreement must be in writing. No written waiver, in one or more instances, shall be deemed or construed as a continuing waiver of any term or condition of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 16. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of any other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion, to determine which remedies are to be exercised and in which order. 17. Amendments. This Agreement cannot be modified unless reduced to writing and signed by both Parties. 18. Severability. If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms or conditions shall remain in full force and effect. 19. Governing Law. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. 20. Counterparts. This Agreement may be executed in one or more counterparts, including facsimile or electronic copies, each of which shall be deemed an original, but all of which shall together constitute one instrument. 21. Entire Agreement. This Agreement sets forth all covenants, promises, agreements, conditions, and understandings between the Parties concerning the use of the Property. There are no covenants, promises, agreements, conditions, or understandings, either oral or written, between the Parties other than are herein set forth. 22. Authorization. The Parties represent that the below signatories have the authority to execute and bind them to this Agreement. Page 5 of 6 LICENSE AGREEMENT AND CONSENT TO WORK APPROVED AND AUTHORIZED BY THE CITY OF HAZEL PARK: NAME: TITLE: DATE: SIGNATURE APPROVED AND AUTHORIZED BY THE OAKLAND COUNTY PARKS AND RECREATION COMMISSION: NAME: TITLE: DATE: SIGNATURE APPROVED AND AUTHORIZED BY THE OAKLAND COUNTY BOARD OF COMMISSIONERS: NAME: TITLE: DATE: SIGNATURE Page 6of6 LICENSE AGREEMENT AND CONSENT TO WORK EXHIBIT A 1. Property Description: Green Acres City Park located north of Woodward Heights and east of Lennox Street in the City of Hazel Park ("hereinafter "Park") a. Address: 111 East Nine Mile Road, Hazel Park, MI 48030 b. PIN:25-26-251-003 2. Work Description: a. Description of "Work": OCPRC shall provide Park planning support, including public engagement and development of a min -park plan for parks under 5 acres that are owned by the Public Body within the City of Hazel Park. OCPRC shall perform the following at the Park: (1) removal of existing play equipment, (2) site preparation, and (3) installation of new play equipment, access routes associated with the new play equipment, and other amenities at the Park agreed to by the Parties. The value of materials and contracted work will not exceed four hundred thousand dollars ($400,000.00). b. Description of "Resulting Product/Equipment" to be Transferred to Public Body: ADA-compliant playground with associated access routes, amenities, and manufacturer's warranty for play equipment. Mini -park plan for parks under 5 acres that are owned by the Public Body within the City of Hazel Park. 3. Term: The Agreement shall commence on May 1, 2023, and shall end on December 31, 2024 or on the date the Resulting Product/Equipment is transferred to the Public Body via a bill of sale, whichever date is first. QAKLAND COUNTY PARKS GreatTe.krfor Great-Peop!e Memo To: Parks and Recreation Commission From: Chris Ward Date: March 30, 2023 Re: April Director's Report Spring/Summer Program and Facilitv Launch Schedule Golf Courses - April 15t Outdoor Archery - April 201h Campgrounds (Addison and Groveland Oaks) - April 281h Waterparks — June 101h (target date) REMINDER: Marshmallow Drop i5AIpril 71h (please arrive by am) RETURN TO AGENDA Restore in the Outdoors Days Several months ago, the Commission approved a new, extended calendar of special days (formerly called Appreciation Days) to reach a wider audience and amplify messaging on our core values. May 51h and 61h were designated in order to celebrate the health and wellness benefits of our park facilities and recreation programs. These dates correlate with National Fitness Day and the kickoff of Mental Health Awareness Month. A team of staff members have developed a game plan for this year's celebration with a theme of "Restore in the Outdoors". Planned activities (as of now) are: 2800 Watkins Lake Road, Waterford, MI 48328 248-858-0906 OaklanclCountyParks.com Saturday, May 6 — Independence Oaks 9 and 11 a.m. - Yoga 1 and 3 p.m. - Stretching and Kickboxing Saturday, May 6 — Red Oaks 9 and 11 a.m. - Bird watching/hike 1 and 3 p.m. - Guided meditation Sunday, May 7 — Lyon Oaks 9 and 11 a.m. - Bird hikes; loop by rookery 1 and 3 p.m. - Guided meditations Additional events may be possible if plans come together. A media campaign promoting "Restore in the Outdoors" will launch in the weeks leading up to the event. Returning Seasonal Position Incentives The new bonus program for returning seasonal workers has had a very positive impact on our recruitment efforts. More than 460 workers from previous seasons have committed to return to work for Oakland County Parks this year. This is a big step forward in rebuilding a stable and experienced workforce to support our facilities and programs. DEI Certification As mentioned in last month's report, we have welcomed a new talented member to our team, Zach Zuchowicz, filling the position of DEI Coordinator approved last year. On an interim basis, Zach has a working title of Health and Wellness Initiatives Coordinator while he pursues a professional certification in the DEI field. Zach will be participating in the Rutgers University Diversity, Equity & Inclusion Program for public and non-profit managers and is scheduled to complete this training on June 30. The certificate program includes four courses: building awareness; exploring race & racism; the connection between race, power, and privilege; and building a diverse, equitable and inclusive organization. Liquor License Change The amendment to our liquor license for the White Lake Oaks Clubhouse/Event Center has been approved by the Michigan Liquor Control Commission. This change will allow us to move forward with a new rental strategy that will allow individuals to select their own caterer. It is our hope that this new approach will maximize bookings of the facility while minimizing the risk of negative financial impacts to our operating budget. This model has worked well at our most popular rental facility, the Ellis Barn. Our staff are actively pursuing strategies to market the facility and generate bookings. We are awaiting final approval of a similar amendment by the Liquor Control Commission for the event center at Lyon Oaks. Kavak Rental Vending Machines Staffing shortages and revenue losses forced the reduction/closure of many of our boat rental concessions during the pandemic. Our staff have a found a creative solution to restore services with minimal financial risk to OCPR: a self-service kayak vending machine. We plan to pilot placing a machine at Independence Oaks this summer and if successful, will evaluate the potential of expanding to additional locations. 2023-2027 Five -Year Parks and Recreation Master Plan The 2023-2027 Five -Year Parks and Recreation Master Plan was approved by the Parks Commission and Board of Commissioners in January and submitted to the MDNR for review and approval on February 15t On March 301", we received the following notice from the DNR: The 5-year recreation plan for Oakland County has been approved until 1213112027. The grantee is eligible to submit a Michigan Natural Resources Trust Fund, Land and Water Conservation Fund and/or a Recreation Passport Grant application. Oakland County Parks and Recreation Upcoming Events — April 2023 Active Adults April 19 Fireside Chat - Virtual Adaptive April 7 Marshmallow Drop (Adaptive) — Catalpa Oaks April 20 Spring Vibes Social Archery 0) Independence Oaks April 20 Archery Range Opens April 27 Open Archery Begins Nature Education Fieldtrips & Birthday Parties April 4 Lilah's 8th Birthday Party — Red Oaks Nature Center April 14 Warren Woods Christian Schools — Red Oaks Nature Center April 15 Maggie's 5th Birthday Party — Red Oaks Nature Center April 16 Crosby's 6th Birthday Party — Wint Nature Center April 16 Julia's 5th Birthday Party — Red Oaks Nature Center April 21 Life Enrichment Academy Field Trip — Red Oaks Nature Center April 22 Burt's 6th Birthday Party — Wint Nature Center April 23 Henry's 4th Birthday Party — Red Oaks Nature Center April 26 Madison Heights Seniors Field Trip — Red Oaks Nature Center April 28 Primary Pod Homeschool Field Trip - Red Oaks Nature Center Homeschool Series April 13 Bird Migrations — Red Oaks Nature Center April 19 Bird Migrations — Wint Nature Center Public Interpretive Programs April 4 Starlab Outreach at Clarkston Schools — Wint Nature Center April 5 Starlab Outreach at Clarkston Schools — Wint Nature Center April 6 Starlab Outreach at Clarkston Schools — Wint Nature Center April 11 Starlab Outreach at Clarkston Schools — Wint Nature Center April 12 Starlab Outreach at Clarkston Schools — Wint Nature Center April 13 Starlab Outreach at Clarkston Schools — Wint Nature Center April 14 Starlab Outreach at Clarkston Schools — Wint Nature Center April 15 Orion Township Parks and Rec Outreach — Wint Nature Center April 20 West Bloomfield Earth Day Celebration Outreach — Red Oaks Nature Center April 29 MSU 4-H Discovery Fair Outreach — Wint Nature Center Scout Badge Days April 15 Tigers: Backyard Jungle Badge Day — Red Oaks Nature Center April 15 Wolves: Paws on the Path Badge Day — Wint Nature Center April 29 Bird Study Merit Badge Day — Red Oaks Nature Center April 29 Lions: Mountain Lion Badge Day — Wint Nature Center Oakland County Parks and Recreation Upcoming Events — April 2023 Oakland Countv Farmer's Market April 5 Gleaner's Food Distribution April 8 Cooking with edibleWOW April 19 Gleaner's Food Distribution Special Events April 7 The Great Marshmallow Drop Sprinqfield Oaks Every M, T, W, TH Pickleball - Activity Center Every T, W, TH Drop in Pickleball - Activity Center April 1-2 Vintage Craft Show — Activity Center April 14 Pickleball — Grand Hall April 15 Celebration of Life— Carousel Hall April 22 Drew's Home Fundraiser Concert — Activity Center April 28-29 Discovery Days & Family Campers — Activity Center Volunteer Events April 7 The Great Marshmallow Drop