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CCPR-07-27-10 (Approved: tt 1 11 CARMEL /CLAY BOARD OF PARKS AND RECREATION REGULAR MEETING MINUTES July 27, 2010, 6:00 P.M. Monon Community Center East 1235 Central Park Drive East CARMEL, IN 46032 MEMBER ATTENDEES MEMBER ABSENTEES OTHERS J Miller S Dillon M Westermeier R Taylor M Klitzing J Kirsh A Kostrzewa J Ketterman D Grisham P Knowles Susan Beaurain J Engledow Kurtis Baumgartner W Franklin Art Small J Hagan Hal Espey (Videographer) I. ROLL CALL The regular board meeting of the Carmel /Clay Board of Parks and Recreation was convened at approximately 6:03 p.m. on July 27, 2010 pursuant to notice. President J Miller, asked R Taylor to call the roll. Park Board members present in addition to Mr. Miller and Mr. Taylor were J Kirsh, J Ketterman, P Knowles, J Engledow, W Franklin and J Hagan. S Dillon was absent. Others in attendance are noted above. II. CALL TO ORDER And PLEDGE OF ALLEGIANCE Having confirmed the presence of a quorum, President Miller called the meeting to order which started after the pledge of allegiance. NOTE: Hereinafter these minutes will state the motion, followed parenthetically by the name of the one who made the motion (listed first) and then the one who seconded it. For example the motion would read, "It was moved to approve the minutes...etc. (Engledow, Hagan). "When a motion is carried but not unanimously, the results of the vote will be listed i.e. "(Engledow, Hagan; 6 to 2, with one abstaining). When the motion was carried unanimously, a "C -Un" will be added i.e. "(Engledow, Hagan; C -Un)." III. PUBLIC COMMENTS J Miller welcomed Mr. Art Small to the podium. IV. Art Small, 11767 Windpointe Pass, Carmel, IN 46033, distributed a handout regarding the Special Use Request filed on behalf of Gospel Gathering, LLC to use the Monon Community Center (MCC) East Banquet Rooms for family entertainment every Sunday for 6 months, starting in November of 2010. He recounted his past 6 month experience, questioned the Board's decision to use an Exclusive Caterer and noted his frustration that his request on behalf of Gospel Gathering, LLC, which included use of a lower cost caterer, had not been accommodated. He explained that he was present to give the Park Board one last chance to benefit from hosting The Gospel Buffet which would bring to the MCC significant numbers of first time visitors. He further explained that while an entrance fee would be charged, the MCC Caterer cost caused the event to far exceed its budget and asked the Park Board to determine within 1 week (which deadline was later stated to be extendable) whether it was interested in hosting The Gospel Buffet and if so, then to ask the MCC Caterer to decrease its prices for the events. Mr. Small closed by inviting questions from the Park Board. J Miller explained that he had told Mr. Small that the Park Board would allow an exception to its normal practice of not engaging in discussion with members of the public during Public Comments to allow the Park Board to gain a clear understanding of Mr. Small's situation and request. Mr. Small could not explain why a disconnection recording played when a member dialed the telephone number listed on the Gospel Buffet website nor why Gospel Gathering, LLC was not listed among existing entities on the Indiana Secretary of State website. After many questions, he explained that Presley Enterprises, LLC dba The Gospel Buffet was the entity on whose behalf he was making the request to use the MCC and confirmed that the paperwork was incorrect. He also confirmed that there were other interested parties involved in the entity, that he would sign contracts on its behalf but did not answer whether the 1 company was for or not for profit. He explained how the event would work and benefit the Board. After Mr. Small retired to his seat, Mr. Miller restated his understanding of Mr. Small's request which Mr. Small agreed was that the Park Board ask the MCC Caterer to consider a reduced fee for the buffet associated with the events. Mr. Miller also mentioned that in addition to the Exclusive Caterer contract, the Board would need to revisit its established policies which it could waive as well as any limitations resulting from the bond issuance which it could not waive. Mr. Miller offered to the Board members the opportunity to continue discussion during the discussion segment of the Agenda. V. STAFF REPORTS M Klizing invited Susan Beaurain to introduce Kurt Baumgartner recently hired to fill the Recreation Manager position. After his introduction, Mr. Baumgartner expressed his excitement about joining the staff and thanked the Board for this opportunity. Michael next reported that Jean Belcher (of the Carmel Clerk Treasurer's office) witnessed the obstacles that the time clock system proposed by the Clerk Treasurer would have on the Parks Department and is working with him to find a realistic solution which is both compatible with Pentamation and provides the process safeguards and information necessary to make quick and cost saving management decisions. Michael commended Jean for her efforts. VI. ACTION ITEMS A. Minutes —Rich Taylor 1. July 13, 2010 Regular Park Board Meeting. Minutes were approved as presented. (Taylor, Ketterman; 6 -0 with 2 abstaining). 2. July 13, 2010 Park Board Executive Session Minutes. Minutes were approved as presented (Taylor, Kirsh with 2 abstaining.) B. Claims Jim Engledow' 1. Claim Sheet July 27, 2010 was approved as presented. (Engledow, Taylor C -Un) 2. Clay Township Claim Sheet July 27, 2010 was approved as presented after Michael explained that the reference to the lockers was with regard to replacement of malfunctioning outdoor water park lockers. (Engledow, Franklin C -Un.) C. Consideration of Bids for the MCC Cafe to Fitness Conversion Project Mark Westermeier Mark reported that the MCC Cafe to Fitness Conversion Project was structured so that bidders could bid any 1 or any combination of the Bid Items A, B, C and D, each of which he described. He reported that 6 bids were received on Tuesday, July 20, 2010 and noted that the Recommendation from the Owner's Representative and the bid tab were distributed for review. He stated that he supported the recommendation to award 2 contracts for the lowest possible overall cost of $111,475.00. After discussion which included confirmation that the Owner's Representative would provide construction oversight, the Park Board agreed to accept the recommendation to award 2 separate contracts for overall cost savings. (Ketterman, Hagan C -Un). The Board next accepted the Bid from, and awarded a contract to Myers Construction Management, Inc., for Bid Items A, B and D, in the amount of $85,500.00 and authorized Summit Construction, Cripe Architects Engineers, the Park Board Attorney and the Park Department Director to take all action necessary to complete the contracting process including the initiation of a letter of intent authorizing the spending of administrative funds to be incurred during the finalization of the contract and authorized the President or Vice President to sign the contract upon completion of the Park Board Attorney's review. (Ketterman, Engledow C -Un.) The Park Board next accepted the Bid from, and awarded a contract to Cincinnati Floor Co., Inc., for Bid Item C, in the amount of $25,975.00 and authorized Summit Construction, Cripe Architects Engineers, the Park Board Attorney and the Park Department Director to take all action necessary to complete the contracting process including the initiation of a letter of intent authorizing the spending of administrative funds to be incurred during the finalization of the contract and authorized the President or Vice President to sign the contract upon completion of the Park Board Attorney's review. (Ketterman, Kirsh C -Un.) D. Consideration of Initiation of Litigation regarding improvement at Lawrence W. Inlow Park Deb Grisham and Mark Westermeier Deb reported the failure issues and the various steps taken to determine causation and fault. She concluded that due to the understood set of facts and the uncertain costs of litigation, the recommendation was to forego litigation against Context P.C., Arc Design and Shepard Engineering Services. She noted that a decision to initiate litigation needed to be made in a public meeting and emphasized the need to commence litigation in August of 2010 to stay conservatively within the 2 applicable statute of limitations timeframe. After discussion, the Park Board agreed not to pursue litigation against any of the aforementioned parties. (Taylor, Kirsh C -Un.) VI. DISCUSSION ITEMS None In answer to J Engledow's question regarding the need for action on Agenda Item D, Deb advised that the record should reflect the effort to determine cause and effect and the Board decision not to spend more money on, at best, a low percentage return; J Hagan suggested planning now for the next board workshop to which J Miller reminded the Board of his intention to hold one in the Fall and another in January. After some discussion, M Westermeier agreed to send out an availability inquiry through an online server for a quick understanding of available dates. Mark reported that the focus has changed to how a grounded connection can be made to the IT equipment; Mark reported that Chris Jefferson and Fat Atom are collaborating to address website challenges. VII. BOARD COMMENTS J Ketterman stated that she liked the new sidewalk; R Taylor mentioned that the nonprofit board he serves found every Saturday booked with the MCC banquet rooms until October and that he enjoyed the MCC water park with friends this past weekend. J Engledow asked members to consider membership on the Finance Committee; he explained that P Knowles declined such any more assignments as she is new to both the School Board and Park Board and needs to focus on those first and foremost. VIII. ADJOURNMENT The Me; ;ng adjo oed at approximately 7:30 p.m. (Ketterman, Hagan C -Un.) Signature: 461111 i AA Date: Signature: WAWA' a Date: d"-1p 3