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HomeMy WebLinkAbout03-12-24 PB Meeting MinutesCarmel/Clay Board of Parks and Recreation Tuesday, March 12, 2024, 6:00 p.m. John W. Hensel Government Center 10701 North College Avenue Carmel, Indiana 46280 Member(s) Present: Katie Browning, James Garretson, Joshua Kirsh (virtual), Jenn Kristunas, Linus Rude, Mark Westermeier, Lin Zheng Member(s) Absent: Jonathan Blake, Judith Hagan Others Present: Michael Klitzing, Department Director/CEO; Kurtis Baumgartner, Department Assistant Director/COO; Brian Bosma, Park Board Attorney Roll Call; Call to Order & Pledge of Allegiance Board Vice President Kristunas welcomed everyone to the meeting and asked Mr. Rude to call the role. Mr. Rude announced there was a quorum. Board Vice President Kristunas called the meeting to order at 6:05 p.m. followed by the Pledge of Allegiance. Mr. Garretson made a motion to add an agenda item to Old Business regarding the Board of Parks and Recreation’s lawsuit against the City of Carmel. The motion was seconded by Ms. Zheng. Mr. Rude took a roll-call vote due to the virtual attendee. (Note: A roll-call vote was used for action items during the meeting due to the virtual attendee.)  Browning – Yea  Garretson – Yea  Kirsh – Yea  Kristunas – Yea  Rude – Yea  Westermeier – Yea  Zheng – Yea The motion passed unanimously 7 – 0, and the above referenced subject was added under Old Business. Public Comments There were no public comments. Staff Reports Assistant Director Baumgartner noted to the Board that Staff Reports were included in the Park Board packet. He also pointed out CCPR recently had two staff members recognized for excellence in parks and recreation. First, Karen LaMere, one of the Department’s naturalists, was recognized by the Hamilton County Soil and Water Conservation District in February as an Outstanding Natural Resources Educator. She received this award for over 10 years of service teaching the Indiana Master Naturalist courses. Secondly, the Department Director, Michael Klitzing, was recognized by the Great Lakes Park Training Institute and received the Richard Lawson Award, presented to individuals who exemplify continued and significant contribution to the park and recreation profession within the Great Lakes region. Board Vice President Kristunas congratulated both individuals on behalf of the Board. DocuSign Envelope ID: 37F8C3D4-0757-459E-A39A-FB0E747FEBB5 Carmel/Clay Board of Parks and Recreation Tuesday, March 12, 2024 John W. Hensel Government Center Page 2 Finance Committee Ms. Zheng stated that the Finance Committee did not meet last month. Board Vice President Kristunas asked if there was an upcoming scheduled committee meeting. Assistant Director Baumgartner answered that a meeting would be scheduled closer to the budget season. Director Klitzing added that there may be an opportunity to discuss some of the more detailed financial items within the Comprehensive Master Plan. Minutes February 13, 2024 Park Board Meeting Mr. Rude made a motion to approve the minutes of the Park Board Meeting dated February 13, 2024, seconded by Mr. Garretson. Mr. Rude took a roll-call vote.  Browning – Yea  Garretson – Yea  Kirsh – Yea  Kristunas – Yea  Rude – Yea  Westermeier – Yea  Zheng – Yea The motion passed unanimously 7 – 0. Financial Reports Consolidated Financial Report for January 2024; CCPR P&L Statements for February 2024 Ms. Zheng made a motion to acknowledge receipt of the Consolidated Financial Report for January 2024 and to acknowledge receipt of the P&L Statements for February 2024, seconded by Ms. Browning. Mr. Rude took a roll-call vote.  Browning – Yea  Garretson – Yea  Kirsh – Yea  Kristunas – Yea  Rude – Yea  Westermeier – Yea  Zheng – Yea The motion passed unanimously 7 – 0. Claims Claim Sheet March 12, 2024; Clay Township Claim Sheet March 12, 2024; CCPR Payroll for February 9, 2024 and February 23, 2024 Ms. Zheng made a motion to approve the Claim Sheet dated March 12, 2024; and to approve the Clay Township Claim Sheet dated March 12, 2024; and to approve payroll wages and liabilities for payroll dates February 9, 2024 and February 23, 2024, seconded by Ms. Browning. Mr. Rude took a roll-call vote.  Browning – Yea  Garretson – Yea  Kirsh – Yea DocuSign Envelope ID: 37F8C3D4-0757-459E-A39A-FB0E747FEBB5 Carmel/Clay Board of Parks and Recreation Tuesday, March 12, 2024 John W. Hensel Government Center Page 3  Kristunas – Yea  Rude – Yea  Westermeier – Yea  Zheng – Yea The motion passed unanimously 7 – 0. Monetary Gifts, Grants, Partnerships, and Sponsorships for February 2024 Assistant Director Baumgartner reported two contributions were received in February totaling $1,100: two sponsorships from Centier Bank for $500 each, and one ($100) donation was made anonymously for staff appreciation. Mr. Kirsh made a motion to accept the items as presented, seconded by Mr. Rude. Mr. Rude took a roll-call vote.  Browning – Yea  Garretson – Yea  Kirsh – Yea  Kristunas – Yea  Rude – Yea  Westermeier – Yea  Zheng – Yea The motion passed unanimously 7 – 0. New Business Consideration of Entering into a Transportation Services Agreement with Avant Garde Transportation Assistant Director Baumgartner gave a brief overview of the need for transportation services for our summer camp program field trips. He further explained our previous vendor, SafePassage, has become unresponsive and thus a need to seek out a new transportation vendor. He explained the added amenities provided by Avant Garde’s fleet as well as the additional safety items they have in place. Mr. Garretson asked what type of busses the company uses, to which Assistant Director Baumgartner replied that they use the typical school bus style. Mr. Rude asked if the busses adhere to the State Police Inspection Protocols, to which Assistant Director Baumgartner replied that he does not know for certain but would assume so. Staff will follow up on that information. Mr. Garretson made a motion that the Park Board accept the proposal from Avant Garde Transportation for 2024 summer camp transportation and authorize the CCPR Director or Assistant Director to sign a Transportation Services Agreement in an amount not to exceed $181,545.00, and that the Board delegate to the Director and the Assistant Director the authority to execute any amendment to this agreement up to an amount not to exceed his purchasing authority. Adding that we ensure they conform to the State Police Inspection Protocols mentioned earlier. Motion was seconded by Mr. Browning. Mr. Rude took a roll-call vote.  Browning – Yea  Garretson – Yea  Kirsh – Yea  Kristunas – Yea  Rude – Yea DocuSign Envelope ID: 37F8C3D4-0757-459E-A39A-FB0E747FEBB5 Carmel/Clay Board of Parks and Recreation Tuesday, March 12, 2024 John W. Hensel Government Center Page 4  Westermeier – Yea  Zheng – Yea The motion was passed unanimously 7 – 0. Director Klitzing added that the Avant Garde website currently shows all transportation vehicles meet the State Police Inspection guidelines. Staff will validate. Old Business White River Greenway North Extension – Consideration of Amendment to Construction Manager Agreement with CTI Construction, LLC for Inspection Services Director Klitzing provided a summary of the need to amend the current agreement with CTI Construction to add Inspection Services on this project. CTI has provided inspection services and construction management through multiple park projects including the CTIP (Clay Township Impact Program) projects. Ms. Browning made a motion that the Park Board authorize the Director of Parks and Recreation, in coordination with legal counsel, to execute an amendment to the existing Construction Manager Agreement with CTI Construction, LLC in the amount of $327,000, seconded by Mr. Rude. Mr. Rude took a roll-call vote.  Browning – Yea  Garretson – Yea  Kirsh – Yea  Kristunas – Yea  Rude – Yea  Westermeier – Yea  Zheng – Yea The motion was passed unanimously 7 – 0. Board of Parks and Recreation Lawsuit against the City of Carmel Board Vice President Kristunas requested guidance from legal council on whether the Board should hear an update from legal first or allow Mr. Garretson to start with why he requested the agenda item to be added. Mr. Bosma decided to start with providing an update on the lawsuit for everyone to consider throughout their discussion. This update included the history and current status of the lawsuit. Mr. Westermeier asked for further explanation on the extensions granted to the City to help hold off further legal fees, to which Mr. Bosma explained the extensions have been more in the hopes that policy makers would come together to negotiate and come to mutual terms without formal mediation. Mr. Westermeier expressed that to his knowledge no such meetings or discussions have occurred, to which Mr. Bosma explained the current status of the ordinance drafted and in progress by the Common Council to help address the issues of where and how the Impact Fee program is managed moving forward. Mr. Garretson expressed his feelings toward trusting in the recently elected Common Council members who are known supporters of the Parks Department. Adding his concerns over securing a solution to the upcoming end of the Interlocal Agreement between the City and Clay Township. DocuSign Envelope ID: 37F8C3D4-0757-459E-A39A-FB0E747FEBB5 Carmel/Clay Board of Parks and Recreation Tuesday, March 12, 2024 John W. Hensel Government Center Page 5 Mr. Garretson made a motion to dismiss the lawsuit in a manner that allows one to be filed again in the future if necessary. Board Vice President Kristunas requested Director Klitzing to further clarify the effects of the potential ending of the Interlocal Agreement and to provide his opinions on the lawsuit from the perspective of the Director. Director Klitzing gave an overview on the history of the amendments made to the Interlocal Agreement over the year. He further explained that the moment the Central Park bonds are paid off (January 15, 2025), the Interlocal agreement reverts back to the original baseline agreement which would turn the Board back into an 11-member board with one appointee from the School Board and the remaining 10 from the Mayor’s Office since they would be providing all funding for the general fund operations. In order to fully dissolve the agreement, either the City or Township would have to initiate that change by June of the year prior to making it effective in January. Director Klitzing proceeded to give an overview of his position on the lawsuit and the challenges he is facing having conversations and making arrangements while this lawsuit persists. He is also looking favorably towards the actions already taken by Common Council which shows promise. Agreeing with Mr. Westermeier’s points that it is not a complete “win.” Ms. Zheng asked if this lawsuit is dismissed, can it be brought back up again in the future, to which Mr. Bosma explained that it is all dependent on the nature of dismissal (with or without prejudice). Board Vice President Kristunas recognized Mr. Kirsh being virtual and gave him an opportunity to speak on his opinions. Mr. Kirsh expressed his support for moving forward with the dismissal. Ms. Browning noted that the original motion mentioned “dismissal” versus Director Klitzing who mentioned “defer” and wanted to clarify between the two. Mr. Bosma stepped in to explain the two possible actions to be taken. 1. Dismissal with the preference of no designation and leaving that negotiation to the President and Executive Director to finalize. 2. Continue (defer) and issue another continuance to allow for more discussion between parties. The original motion was reiterated and added that Mr. Garretson was not asking for the dismissal to be identified as with or without prejudice at this time. The motion was seconded by Mr. Rude. It was recommended that Board Vice President Kristunas ask for any additional comments or questions prior to the vote. Mr. Westermeier wanted to state that the current Mayor was also a member of the previous Council that voted to approve BPW’s (Board of Public Works) ability to take these funds away from Parks. Mr. Rude took a roll-call vote.  Browning – Abstain  Garretson – Yea  Kirsh – Yea DocuSign Envelope ID: 37F8C3D4-0757-459E-A39A-FB0E747FEBB5 Carmel/Clay Board of Parks and Recreation Tuesday, March 12, 2024 John W. Hensel Government Center Page 6  Kristunas – Yea  Rude – Yea  Westermeier – Nay  Zheng - Yea The motion passed with 5 votes in favor, 1 against (Mark Westermeier), and 1 abstention (Ms. Browning). Attorney’s Report Mr. Bosma gave a brief update on projects:  Completed the donation agreement between the Parks Department and Clay Township for funding of the 106th Pedestrian Bridge Project.  Finalizing the contracts for the WR North Extension and Westermeier Commons playground renovation projects.  Finalizing the Conner Prairie easement agreement.  Drafted a Master Management Agreement between CCPR and City of Carmel  Finalized the Albany Village closing.  Finalized the CTI amendment agreement. Director’s Report Director Klitzing provided an update on current projects including the closure of Hazel Landing Park for the construction of the 106th Pedestrian Bridge. 2024 budget update – City is only releasing $519k of the original $2m requested within the Parks Capital Fund (103) which will allow us to start projects other than the planned first phase of the Chinese Garden. Continuing to make progress on the Comprehensive Park and Recreation Master Plan. Working with Bakertilly and PROS Consulting to draft the Zone Improvement Plan. This includes recommendations for changes to Impact Fee amounts. Provided update on the Department’s plans for the Eclipse on April 8th. Director Klitzing had a positive conversation with Harvest Church, which neighbors Thomas Marcuccilli Nature Park (TMNP), and has submitted plans for their expansion which includes additional parking to the south. They have purposefully left space within that plan available for additional partnership conversations with CCPR related to accessing TMNP. The White River North Extension is getting underway. Conner Prairie needs to change the trail layout slightly due to some potential archaeological significance in the site area. This benefits parks by pushing the trail closer to the river for an additional portion as well as pulling the trail further away from River Road on the northern most section. Mr. Westermeier asked if we have an expected number of visitors on the Eclipse Day. Assistant Director Baumgartner gave an overview of planning efforts to prepare for the event. Assistant Director Baumgartner and Ms. Browning indicated that ticket sales around the area should increase if the predictions are good once the 10-day forecast is available. DocuSign Envelope ID: 37F8C3D4-0757-459E-A39A-FB0E747FEBB5 Carmel/Clay Board of Parks and Recreation Tuesday, March 12, 2024 John W. Hensel Government Center Page 7 Information Items Plan Commission There was no report. Mr. Garretson asked Mr. Kirsh if he had any feelings on how the Plan Commission may be thinking about the proposed resolution on Impact fees. Mr. Kirsh responded that he feels they will listen to his recommendations. He plans to draft a message based on conversations with Board Members. School Board Ms. Browning noted the spring break dates for the school district. Parks Foundation Director Klitzing noted that the Foundation has not had a meeting since the last update. Climate Action Plan Advisory Committee Director Klitzing noted that Mr. Mehl is the appointed member and has not attended a meeting since the last Board meeting. He will provide an update in the future. Park Board Comments / Discussion Mr. Kirsh asked about the City’s volunteer event in coordination with CCPR which involved invasive species removal. Assistant Director Baumgartner noted there was a good turnout and staff enjoyed themselves. Adjournment Ms. Zheng made a motion to adjourn the meeting, seconded by Ms. Browning, and passed unanimously 6 – 0 via roll-call vote. Board Vice President Kristunas adjourned the meeting at 7:24 p.m. Approved, Signature Date Signature Date Meetings of the Carmel/Clay Board of Parks and Recreation are recorded and may be viewed at https://vimeo.com/channels/parkboardmeetings or see the archive of meeting recordings at https://www.carmelclayparks.com/about-us/park-board/. DocuSign Envelope ID: 37F8C3D4-0757-459E-A39A-FB0E747FEBB5 4/10/2024 5/10/2024