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HomeMy WebLinkAboutCCPR-04-13-10 (Approved: 11— /0 CARMEL /CLAY BOARD OF PARKS AND RECREATION BOARD MEETING MINUTES Regular Meeting April 13, 2010, 6:00 P.M. Monon Community Center East 1235 Central Park Drive East CARMEL, IN 46032 MEMBER ATTENDEES MEMBER ABSENTEES OTHERS J Engledow (arrived 6:18) M Westermeier J Miller M Klitzing J Ketterman A Kostrzewa J Hagan D Grisham J Kirsh (arrived 6:10) Ben Johnson W Franklin Susan Beaurain(MC Division Manager) T Hackett Terry Myers R Taylor Lynn Russell S Dillon Maria Schiltz (left 7:03) Rotarian guests from the Netherlands Hal Espey (videographer) ROLL CALL The regular board meeting of the Carmel /Clay Board of Parks and Recreation was convened at approximately 6:00 p.m. on April 13, 2010 pursuant to notice. President Joe Miller asked Secretary Rich Taylor to call the roll. Members present other than Mr. Miller and Mr. Taylor were S Dillon, T Hackett, J Ketterman, W Franklin and J Hagan. J Engledow and J Kirsh arrived after the roll call. Others in attendance are noted above. II. CALL TO ORDER and PLEDGE OF ALLEGIANCE After the Pledge of Allegiance, J Miller called the meeting to order. 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, Hackett)." When a motion is carried but not unanimously, the results of the vote will be listed i.e. "(Engledow, Hackett 6 to 2, with 1 abstaining). When the motion was carried unanimously, a "C -Un" will be added i.e. Engledow, Hackett C -Un)." Action taken without objection will be noted in brackets as well. III. PUBLIC COMMENTS: J Hagan introduced and welcomed distinguished guests from The Netherlands who are members of a Rotary International Group Study Exchange visiting the City of Carmel, among other cities in Indiana. Judy mentioned that a contingent from central Indiana was in turn visiting the Netherlands. Maria Schiltz of 13842 Wellesley Lane, Carmel IN 46032 addressed the Park Board about her tort claim filed to request reimbursement of all or a portion of the medical expenses incurred to treat her 3 year old son for a cut incurred at the Monon Community Center indoor pool. Mrs. Schiltz explained that her son fell while he was in the indoor pool and broke his chin open, requiring 5 stitches. She explained that while she was in the same pool with her two older children, she was too far from the toddler to assist him and stated that it was her opinion that this happened because no lifeguard was positioned at the edge of pool near where her son fell. She reported that her tort claim had been denied by the Park Board's insurer for lack of negligence on the Park Department's part with which she disagreed and asked to bring her request for reimbursement for approximately $800.00 to the Park Board. IV. STAFF REPORTS Ben Johnson and Michael Klitzing presented information. Ben addressed the status of 2010 summer camp registrations and noted the marked and significant increases in many areas this year compared to the status of last year's numbers. He stated that he anticipates that the camps will be at capacity by mid May. He attributed increases to several factors including (1) increased participation in the Before and After School Care Program, (2) referrals, (3) program popularity and desire to ensure enrollment and (4) an additional advertising medium reaching neighborhoods. Michael reported that the Extended School Enrichment Program net revenues were up approximately $250,000.00 and the Monon Community Center net revenues increased by $190,000.00. He noted 1 that all access pass sales were increasing consistent with Department goals. Michael next highlighted the 2009 Annual Report recently distributed to all elected officials and the Park Board and confirmed that the 2010 Quarterly Report would be sent out electronically on April 14 to the same group. V. COMMITTEE REPORTS A. Standing Committees 1. Personnel Committee: S Dillon reported that the Committee met on March 9 to create and recommend the 2010 Director evaluation process and the objective, measurable goals, since adopted by the Park Board. 2. Finance Committee: J Engledow reported that the Committee had not met recently but will be scheduling a meeting soon. He reported that he, Rich and Joshua attended the Carmel Common Council's Park, Recreation and Arts Committee meeting at which a Parks Interlocal amendment was introduced for discussion. He reported that Luci Snyder agreed to forward a copy to the Park Board members. Rich reported his impression that Mrs. Snyder welcomed comments. 3. Properties Committee: S Dillon reported that the Properties Committee met on March 23, 2010 at which it received an update on Lawrence W. Inlow Park and toured West Park. VI. ACTION ITEMS A. Minutes Rich Taylor 1. March 16, 2010 Special Park Board Meeting minutes were approved as presented. (Taylor, Ketterman C- Un.) 2. March 23, 2010 Regular Park Board Meeting minutes were approved as presented after Deb described a correction of tense. (Taylor, Hackett C -Un.) B. Financial Reports Jim Engledow 1. Receipt of March Pentamation Financial Reports was acknowledged (Engledow, Taylor C -Un.) 2. Receipt of March Clay Township Financial Reports was acknowledged (Engledow, Taylor C -Un.) C. Claims Jim Engledow 1. Claim Sheet April 13, 2010 was approved as presented. (Engledow, Hagan C -Un.) 2. Clay Township Claim Sheet April 13, 2010 was approved as presented after Judy noted that the claims sheet should reflect first, use of monies from the 4Bi encumbrances. (Engledow, Taylor C -Un.) D. Acceptance and/or Acknowledgement of Monies received Audrey Kostrzewa: After Audrey explained the lengthy list of donations and gifts attached as Appendix A, the Park Board accepted the monies received. (Hagan, Ketterman C -Un.) J Miller noted the generosity of the community and J Hagan commended staffs efforts to secure the various and generous sponsors. E. Consideration of JF New Professional Services Amendment— Mark Westermeier Mark explained that because the Central Park wetlands had not met the State of Indiana Permit requirements for 2 consecutive years in a 5 year period, he recommended a 2 year extension (through December 2012) of the current 3 year professional services agreement with JFNew to provide wetland mitigation monitoring services at $3,750 per year. He confirmed that at an earlier meeting he had explained the need to have JF New replace trees for an additional cost. After discussion, the Park Board approved the First Amendment to Agreement for Professional Services with JFNew as presented to provide wetland monitoring pursuant to the current wetland permit for the Emergent Wetlands and the Forested Wetlands within Central Park and authorized the Park Board President to execute the same. (Taylor, Kirsh C -Un.) After the vote, Mark confirmed that JJR was reviewing the engineering of the water flow for recommendations regarding any grade changes. F. Consideration of Resolution B- 2010 -004 regarding Transfer of Funds to the Cash Change Fund form the Monon Community Center fund (109)— Michael Klitzing Michael explained that on the first business day in 2010, staff discovered that the Monon Community Center's cash change fund was short $200.00. After confirming that the shortage was not the result of a clerical error, the Carmel Police Department conducted an investigation, the results of which were inconclusive. To replenish the cash change fund consistent with precedent established by the Carmel Common Council, the Clerk- Treasurer recommended the passage of a resolution in the form presented. After the Park Board waived the reading of Resolution B- 2010 -004 and enter it into action (Ketterman, Hagan, C -Un), Michael added that after review of the Department's cash handling procedures and based on a recommendation from the Detective assigned to the case, additional cameras in targeted locations are schedule to be installed to serve as an additional deterrent. 2 After further discussion, the Park Board approved Resolution B- 2010 -004 as presented. (Ketterman, Hagan C- Un.) G. Consideration of a Tort Claim filed by Maria Schiltz Deb Grisham Deb reported the sequence of events regarding the injury of the 3 year old Schiltz boy who fell and hit his chin in the indoor pool, requiring stitches. She highlighted the inconsistencies between (1) the incident report signed by Mrs.Schiltz, (2) the description of the incident in the tort claim that she later timely filed and (3) her claim presented tonight that the injury was due to the lack of a lifeguard near her son. She next confirmed that the Park Board insurer had investigated the claim and having found no facts to support a claim of negligence, denied any contribution toward the $813.23 in medical expenses claimed by Mrs. Schiltz. Deb continued that Mrs. Schiltz had requested the opportunity to appeal to the Park Board which occurred during the public comment section of the meeting. After Deb provided an overview of the tort claim process and the applicable definition of Negligence, she advised that the facts confirm that Department employees conducted themselves in a manner that reflected the normally accepted methods and practices of other persons or agencies performing the same duties and that the injury was not the result of any action or inaction by Department employees. She advised against any payment of any portion of a claim that the insurer had denied and without a supporting factual basis. After the Park Board expressed regret for the child's injury, it denied the Tort Claim filed by Maria Schiltz. (Taylor, Hackett C -Un.) H. Consideration of Change Work Directive No. One and an amendment of the Professional Services Agreement with The Schneider Corporation regarding the Lawrence W. Inlow Park Repairs and Improvements Project Mark Westermeier Mark explained that Michael Krosschell of The Schneider Corporation prepared and recommended approval of Work Directive Change No. One in the total amount of $16,300.75 for additional work made necessary due to conditions that were not reasonably foreseeable. Deb emphasized the importance of Indiana Code 36- 12 -1 -18 which provides that while change orders that increase the scope of the project may not exceed 20% of the original contract amount, change orders resulting from circumstances that could not have been reasonably foreseen do not increase the scope and therefore, do not factor into the 20% limit. Mark added that Mr. Krosschell provided a proposal to perform the necessary design work for the unforeseeable work for an additional sum of $1,200.00 along with an extension of the May 15, 2010 Contract Term through July 31, 2010. After discussion, the Park Board approved the change order entitled Work Directive Change No. One as presented to increase the Contract Price in the Cadence MTC LLC Contract by an additional sum not to exceed $16,300.75 and authorized the Engineer, the Park Board Attorney and the Park Board officers to take all necessary and appropriate action to effect such change order including the preparation and execution of attending documents. (Ketterman, Hagan C- Un.) After further discussion, the Park Board authorized the Park Department Director and the Park Board Attorney to take all steps reasonable and necessary to effect an amendment of the Professional Services Agreement with The Schneider Corporation for the Lawrence W. Inlow Park Repairs and Improvements Project to prepare a grade beam solution that will span the vault and allow for the load of the masonry wall at a cost of $1,200 and extend the Term to July 31, 2010 and authorized the Park Board President to execute the same. (Engledow, Hagan C -Un.) I. Consideration of Central Park Lazy River Repairs Mark Westermeier Mark described the need to replace four (4) failed very large custom pipe pieces integral to the Central Park Lazy River filtration system and showed by example the part that failed using a large but much smaller part. He reported that after reviewing the facts with Deb Grisham, he recommended following a quote process pursuant to Indiana Code Section 36- 1 -12 -5 to effect the replacement. He reported that he had been told that replacement parts that would need to be purchased and then retrofitted to be affixed to the current system, are available in various materials including fiberglass, stainless steel and pvc, at costs ranging from $27,000 to more than $50,000.00. In light of the imminent opening of the outdoor aqua park for the 2010 summer season, Mark recommended that the Park Board authorize an expedited process to effect the replacement of the failed parts as presented so as to increase the ability to open the Outdoor Aqua Park as planned in May of 2010. After discussion, the Park Board accepted the recommendation to effect the replacement of the failed strainers through IC 36- 1 -12 -5 and, in consideration of the time constraints, to delegate the authority to the Park Department Director and one officer of the Park Board to consider and either (a) award a contract to the lowest responsible and responsive quoter or (b) reject all quotes and negotiate a contract for the work in the open market without inviting or receiving quotes after establishing in writing the reasons for rejecting the quotes, with the action to be presented to the Park Board for ratification. (Engledow, Hagan C -Un.) 3 VII. ATTORNEY'S REPORT- Debra Grisham A. Tort Claims. Deb reported that a tort claim had been filed seeking reimbursement for expenses associated with treatment of a child's head injury which was under investigation. B. General. Deb reported as follows: West Park: The Hamilton County Drainage Board notified the Park Board of a public hearing on April 26, 2010 at 9:15 a.m. in the Commissioner's Court to establish annual maintenance costs for the legal drains within certain properties. Deb reported that the Surveyor's annual maintenance estimate of $1,030.52 shows costs broken out over 5 parcels totaling $220.02 and that if the Board so directed, objections claiming "excess benefits" must be filed no later than April 16th. Seeing no such direction, she continued. Park Projects estimated to cost $150,000 or more: The County legislative body appointed David Lambdin at its March 22, 2010 meeting to represent taxpayers at the Common Construction Wage Hearing to be held on April 27, 2010, with the time to be determined by the availability of the Governor's Representative. Tort Claim: Deb is working with staff to draft a tort claim process policy for future Park Board consideration. Estate of Donald M Dunkerly The Park Board received notice that the Last Will and Testament of Donald M. Dunkerly listed Carmel Clay Parks and Recreation Department as a "contingent beneficiary" for a share of 2% of 20% of his Estate. Sarah Randall, an attorney with Church Church Hittle and Antrim, the law firm that drafted the Last Will and Testament, told me that the Charitable Bequests in Section IV will be distributed after the passing of Mrs. Dunkerly, the surviving spouse. VIII. DIRECTOR'S REPORT Mark Westermeier In addition to his written report, Mark reported and answered questions as follows: 1. The Department of Natural Resources approved the Park Board's Master Plan as submitted. 2. The local fire marshall's position on the turnstiles has expanded to additional and unexpected demands regarding the cafe conversion project essentially putting that project on hold. A decision was made to proceed to apply to the State for an interpretation to overrule the local Fire Marshall regarding the current use of turnstiles in the Monon Community Center or in the alternative, to grant a variance. 3. The Monon Tunnel at 96 Street is open to the public prior to installation of working lights and installation of the final asphalt coat. IX. DISCUSSION ITEMS None. J Ketterman voice approval of the Facebook information in the staff reports. T Hackett asked about and M Klitzing described the health awareness initiative at West Park with The United Way and Carmel St. Vincent Hospital. X. INFORMATION ITEMS A. Plan Commission J Hagan reported that (1) Midwest ISO is adding a new building for a data center; (2) a plat was approved for 4 lots at the Monon and 136 Street, (3) A new CVS is proposed at Medical Drive, (4) a new Kroger has been proposed at the former Altums location on Michigan Road, (5) the PartyTime Rental site was rezoned to C -1 and (6) the Common Council rejected the smart code proposal. B. School Board After T Hackett respectfully mentioned the tragic accident resulting in the untimely death of two (2) high school youth on the prior Friday night, she reported that School Board continues to focus on possible budget cuts should the referendum not pass. XI. BOARD COMMENTS J Miller noted that he continues to ask the Park, Recreation and Arts Committee to schedule its meetings to allow his attendance and thanked Jim, Rich and Joshua for attending the afternoon meeting held earlier today. XII. ADJOURNMENT 'The mee g adjourned at approximately 7:50 p.m. Ketterman, Hagan C -Un.) Signature: 4/# V Date: 10 Signature: IL 1 1 �1�' Date: +a-2-1 6 4