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HomeMy WebLinkAboutCCPR-03-10-09 (Approved: 3- o2 O CARMEL /CLAY BOARD OF PARKS AND RECREATION BOARD MEETING MINUTES Regular Meeting March 10, 2009, 6:00 P.M. The Monon Center West 1195 Central Park Drive West CARMEL, IN 46032 MEMBER ATTENDEES MEMBER ABSENTEES OTHERS J Engledow M Westermeier J Miller M Klitzing D Dutcher A Kostrzewa P Chester D Grisham S Dillon Kate Schneider J Ketterman Ben Johnson Tricia Hackett Butler Student J Hagan T Tolson ROLL CALL II. CALL TO ORDER The regular board meeting of the Carmel /Clay Board of Parks and Recreation was convened at approximately 6:00 p.m. on March 10, 2009 pursuant to notice. President James Engledow, presiding over the meeting, asked Dan Dutcher to take the roll. All Board members were present once Joe Miller arrived at approximately 6:10 p.m. Having confirmed the presence of a quorum, President Engledow 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. (Dutcher, Tolson)." When a motion is carried but not unanimously, the results of the vote will be listed i.e. "(Dutcher, Tolson; 6 to 2, with one abstaining). When the motion was carried unanimously, a "C -Un" will be added i.e. "(Dutcher, Tolson; C -Un)." III. PUBLIC COMMENTS A Butler University student attended the meeting but did not address the Park Board. IV. STAFF REPORTS Michael Klitzing noted that he was prepared to answer any questions regarding the staff reports included in the Board packet. He next introduced Ben Johnson to present the Fall 2008 Parent/Guardian Survey Averages with favorable results. Noting highlights about the positive results that were shared with the Carmel Clay School Board at their meeting on March 9 Ben reported that the results reflected a system wide consistency in terms of parent satisfaction and good working relationships with the school Principals and Custodians. Ben expressed his confidence to meet any and all challenges resulting from the significantly growing enrollment numbers. Asked to address the most challenging issue, he noted the continual turnover inherent in part -time staffing positions. He reported that the enrollment did not appear to be affected by the state of the economy. T Hackett reported that the School Board appreciated the survey information and that it will likely decide at its next meeting whether to extend the before and after school care contract with the Park Department "CCPR or use the competitive public purchasing process. D Dutcher emphasized that Ben's report reflected good news and that CCPR should issue a press release or otherwise communicate the survey results to the public at the appropriate time. M Klitzing next introduced Kate Schneider, present to answer questions that may have resulted from the information included in the February 24, 2009 board packet regarding program participation rates from 1 the Fall of 2008. Kate explained that the 37% cancellation rate did not include aquatics programs which would have decreased it further and reported that she was pleased with the year end rate of 31%. Mark noted that when comparing CCPR percentages with other facilities, it is important to understand that since the Monon Center has been open, CCPR offers many more programs than what are offered at most other facilities. Kate clarified that in the future, the cancellation tracking for the popular and longer running programs will be conducted separately from that done for new programs (with less than a 2 year history) so that the feedback is better understood. She confirmed the factors considered before cancellation is decided and reported that her staff is working on more targeted marketing of programs through the Before and After School Care Program and other area groups. M Klitzing next reported the following: 1. on March 9, 2009, the City Carmel Clerk Treasurer completed the transfer of the unspent money from the Park Operation Fund104 back to the Park Capital Fund 103; 2. the City of Carmel is in process of converting the employee paid time off policy which is under review by park staff; 3. installation of the QuickBooks software is almost complete though staff needs payroll information from the Clerk- Treasurer's office; 4. The Business Plan is progressing and a draft plan is expected soon from PROS Consulting. Michael ended his staff reports with a promise to check and confirm the date on the pass reports included in the board packet. V. COMMITTEE REPORTS A. Standing Committees 1. Personnel Committee: Joe Miller reported that the Personnel Committee will meet on Thursday, March 12, 2009 at 5 p.m. Joan and Tim confirmed their plan to attend. 2. Finance Committee: Judy Hagan noted the need for a meeting confirming with staff the ability to be ready by Wednesday, March 25, 2009 at 3:30 at the Administrative Offices. 3. Properties Committee: Sue Dillon reported that the Properties Committee did not meet earlier tonight but that its next meeting was scheduled for Tuesday, March 24, 2009 at 5:00 in The Monon Center West before the Park Board meeting. She noted her expectation that Michael Krosschell should be ready to present the landscape plan. VI. ACTION ITEMS A. Minutes Dan Dutcher 1. February 24, 2009 Regular Park Board Meeting Minutes were approved as presented after D Grisham confirmed that the minutes to be signed reflected the changes suggested by D Dutcher and T Hackett. (Dutcher, Ketterman, C -Un.) B. Financial Reports Judith F. Hagan Reports were not ready for review. C. Claims Judith F. Hagan 1. Claim Sheet March 10, 2009 in the amount of $59,764.55 was approved as presented. (Hagan, Ketterman C -Un.) 2. Clay Township Claim Sheet March 10, 2009 was approved in the amount of $329.00 as presented. (Hagan, Tolson C -Un.) D. Acceptance and /or Acknowledgement of Monies received Audrey Kostrzewa The following donations were acknowledged and accepted (Hagan, Ketterman C -Un): RECEIVED FUND AMOUNT RECEIVED FROM FOR Gift 2/20/09 3.00 Kenneth J. Canavan Flowing Well (Indianapolis) 2 E. Consideration of Resolution 3- 10 -09 -01 to Adopt the Park Board Visioning Matrix Michael Klitzing. Michael noted that PROS Consulting shared the Matrix with J Ketterman for a style review after which he asked the members if he could answer any questions about the Resolution. He clarified that PROS Consulting will interview elected City and Township officials in conjunction with development of the Business Plan and that the matrix presented for the Park Board did not include such feedback. M Westermeier interjected the goal to ensure that Park Board members fully understand the proposed Business Plan before it is distributed to others. As regards the Vision Matrix, M Westermeier confirmed that once it is adopted, the vision statement or some aspect of the Goal would replace the Mission Statement contained on the meeting agenda. The Park Board waived the reading of Resolution 3- 10 -09 -01 and entered it into business (Tolson, Ketterman C -Un) and moved to approve it as presented (Tolson, Ketterman) after which discussion continued. J Hagan presented a list of questions resulting in a review of various aspects of the Vision Matrix though Mark was able to confirm that the text in question had not changed since the draft dated January 16, 2009. The discussion included the following: 1. Clarification: i. Page 5: Section 1.3, Tactics: Bullet #2: reference to trendlines 3 times per year was considered tied to the 3 program seasons; Mark noted that staff provides the most consistent trendlines on a monthly basis; Page 12, Section 4.1, Tactics: Bullet #3: phrase "except available money" means that if money is not available, the Director will not be held responsible to implement the Business and Marketing Plans by which he will be evaluated; and ii. Park Board Vision and Strategy Tactics noted unrealistic implementation dates that will require clarification as regards responsible party(ies). 2. Change: i. Page 12, Section 4.1, Tactics: Bullet #2: After much discussion and failed motions, the phrase "with no restrictions on the use of space" was deleted (Hagan, Dillon C -Un); ii. Page 13, Section 4.3, Strategy: "allow staff to customize wages" was deleted and replaced with "allow staff to present alternative wage options" (Tolson, Dutcher C -Un); iii. Page15 reference to a Parks Foundation was removed without objection. 3. The Park Board tabled Resolution 3- 10 -09 -01 to review for consideration at the next regular meeting of the Park Board, the implementation dates now listed as early as March. (Dillon, Hagan C -Un.) F. Consideration of bids and award regarding West Park Trail Improvements Mark Westermeier Mark reported that bids were issued pursuant to Indiana Code Section 36- 1 -12 -4 for projects estimated to cost at least $50,000.00. Bids received at the Bid Receipt and Opening Meeting reconvened at 1:00 p.m. Friday, March 6, 2009, were reviewed from four bidders who submitted the following lump sum bids: Calumet Civil Contractors, Inc. 65,200.00 HARCO Asphalt Paving, Inc. 69,900.00 Delello Asphalt Paving, Inc. 88,831.85 Dawson Incorporated $124,800.00 Staff recommended that the Park Board award the West Park Trail Improvement Project to the lowest responsible and responsive bidder, Calumet Civil Contractors, Inc. on the condition that the bidder comply with all the terms of the Contract Documents as defined in the Project Manual. 3 Prior to any Board action as to the contract award, Deb explained prior to bid acceptance, the 3 year term of the successful bidder's post completion correction responsibility was decreased to 2 years. The issued Addendum reflecting that change failed to include a consistent change in the Maintenance Bond term. After discussion, the Park Board agreed to waive as a technicality which will not afford Calumet Civil Contractors, Inc. a substantial competitive advantage over other bidders, a reduction of the Maintenance Bond term from 3 years to 2 years to be consistent with the Addendum No. 1 change to Section 12.7 of the General Conditions entitled "Post Completion Correction" which was changed from 3 years to 2 years. (Tolson, Ketterman C -Un.) The Park Board then accepted from Calumet Civil Contractors, Inc. its bid for the West Park Trail Improvements Project in the amount of $65,200.00 to be paid from the Clay Township 1215 Fund and authorized the Director of CCPR 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 attorney's review. (Tolson, Dillon C -Un.) Finally, the Park Board delegated to the CCPR Director and the Park Board President the authority to determine in their sole and reasonable discretion whether it is in the best interest of the Park Board and CCPR to add, delete or change an item or items in the original contract and to approve such change, up to an amount not to exceed twenty percent (20 of the amount of the original contract, with a report to the Park Board and request for ratification at the next Park Board meeting. (Tolson, Dillon C -Un.) After Tim mentioned some issues that had resulted in some change orders on the Central Park project, Mark confirmed that his impression of this delegation of authority would be treated similarly to how the contingency funds were treated on the Central Park Project. J Engledow noted that the 20% amounted to approximately $13,400.00 and S Dillon endorsed Calumet as a good contractor. G. Common Construction Wage Committee Appointments Deb Grisham D Grisham reported that she was unable to work on this matter and recommended moving its consideration to a subsequent meeting most likely the one scheduled for March 24, 2009, which recommendation the Board approved. (Hagan, Dillon C -Un.) H. Consideration of extension of Agreement for Exclusive Catering Michael Klitzing Michael reported that the existing one -year service agreement with Ritz Charles to serve as the exclusive caterer for The Monon Center will automatically renew on May 26, 2009 for another 1 year term unless either the Park Board or the Ritz Charles provides 60 days prior notice of termination (which works out safely to be on or before March 20, 2009). He reported that the Ritz Charles would like to continue under the same terms as the current contract. Specifically, he reported that the Ritz Charles is contractually obligated to pay 15% of all gross fees, excluding labor and service charges, "pass through" ancillary services and products (such as equipment rental from third party providers for which there is no mark -up), sales taxes, and sales or donations made to the Park Board. Through the end of February, or over the course of approximately 8 months, the Park Board received $18,757.61 in commissions or on average slightly over $2,300 per month. By comparison, the Park Board received $13,326.65 from the previous exclusive caterer over the 12 -month term of its agreement, which represents on average approximately $1,100 per month. He endorsed the relationship with the Ritz Charles to be cooperative and mutually beneficial noting that no significant issues regarding the services provided to date. Michael explained that as part of the development of the Business Plan, PROS is evaluating all services and assessing current and potential revenue generating capabilities of The Monon Center. Since the assessment is in process, and given the current time restraints of the existing service agreement for catering, PROS representatives agreed with staff's recommendation to renew the contract for one year. After confirming that there is no good reason to wait until the Special meeting on March 18, 2009 and that there is little to be gained from either terminating the contract or negotiating a shorter term in anticipation of the Business Plan recommendation, the Park Board agreed to permit the automatic one -year extension of the Term of such Agreement for the provision of exclusive catering services at The Monon Center. (Miller, Ketterman C -Un.) 4 I. Consideration of Amendment to the Professional Services Agreement with The Schneider Corporation Mark Westermeier Mark summarized the history of the Professional Services Agreement with The Schneider Corporation first entered into in June of 2006 for the engineering, architectural and administration services regarding the design and development of Founder's Park. He next reported that Schneider had requested an additional sum of $24,800.00 due to what it characterized as an unanticipated increase of time spent over what have become 2 separate and distinct projects requiring 2 separate designs, bids and administration processes. After more discussion, the Park Board tabled its consideration of the request to allow Schneider to provide a cost breakdown and justification for the request. (Ketterman, Dillon C -Un.) D Dutcher requested that before the next meeting, Deb review the contract to determine whether there exists a contractual basis or requirement for the payment of such fees. J. Central Park Matters Mark Westermeier and Michael Klitzing. 1. Ratification to Send Warranty Notices Mark Westermeier Mark explained that pursuant to the warranty deadline prepared by Geupel DeMars, the notices regarding the noncomformance and defective conditions of the hardware mechanisms were distributed as required within the warranty period. After discussion concluded, the Park Board acknowledged and endorsed the timely delivery of the notices as described within the warranty timeframe. The Park Board acknowledged and endorsed the action taken by CCPR Management to deliver the notices of defective or nonconforming conditions to preserve the Park Board's rights to obtain appropriate resolution. (Ketterman, Tolson C -Un). Next, the Park Board acknowledged the ongoing need for CCPR management to provide timely notice. Accordingly, the Park Board authorized the CCPR Management Team and the Park Board attorney to take all actions deemed necessary and appropriate to preserve in the future, the Park Board's rights to obtain appropriate resolution of defective and /or nonconforming items under warranty and report such action to the Park Board. (Miller, Ketterman C -Un.) VII. ATTORNEY'S REPORT- Debra Grisham Deb reported that the Indiana Civil Rights appeal affirmed the initial determination in favor of CCPR. No new tort claims have been filed of which she had been made aware. In answer to T Tolson's question regarding insurance coverages, Mark and Deb described the process recently undertaken to better work with the City of Carmel insurance agent to better understand insurance coverage of CCPR assets as well as to develop a better exchange of information regarding claims and increased coverage for improvements. VIII. DIRECTOR'S REPORT Mark reported the following: As a survey is needed prior to completion of construction documents for the lifeguard bldg, Mark reported that he will request a proposal from The Schneider Corporation, the local engineering firm most familiar with the Central Park development; A recent Indoor aquatic walk- through identified no helpful resolution. Another walk -thru with another company is scheduled. More expertise regarding water chemistry and interaction is needed before answers will be found. He is waiting on a report regarding the structural integrity of the Inlow Park walls. A Vermont computer software update has minimally helped the website use. Staff is working with consultants on another option to make the website more users friendly. In response to J Ketterman's question about whether the members were happy with the website (other than registration), K Schneider reported that the look of the website will necessarily change to alert users to the changes. A number of problems have been identified to exist with regard to the outdoor pools: o Drains have come up through the concrete; o Some sides have collapsed under the gutters; and o Some water is sitting in pools, which means they aren't properly draining. 5 Staff is working on addressing these items to allow a timely summer season opening. Asked how common this is for new pools, Mark reported his belief that what he described is uncommon and more than just start-up issues. IX. DISCUSSION ITEMS None X. INFORMATION ITEMS A. Plan Commission D Dutcher reported that at the March 17, 2009 meeting, final approval is on the agenda for the Senior living community at 116 Guilford (behind the PSI building), the Hotel project at 131 and US 31 and the Carmel St. Vincent's Sports Performance Center addition at the current Carmel complex. Mark confirmed for Joan that the connection to the Monon Greenway on north side of Carmel is the Cool Creek Extension. B. School Board T Hackett reported that Ben Johnson was on the School Board agenda as he had described and that she expects the School Board to select its process method for the before and after school care program within the next 2 weeks. She mentioned that many street closings were announced with regard to making up time on the Keystone Construction project (136 and Keystone closing March 16 and all of Keystone is closing April 13. Steve Backer, President of the Carmel School Board was reported to be fighting significant health issues. XI. BOARD COMMENTS J Hagan asked about the feedback from incentive postcards; Kate reported that a lot are being presented. Joan reported that she rollerbladed over the new bridge over Monon at Carmel Drive and that while it was built to use, it was a hike to get across. T Hackett asked about the reaction from the Shakespeare group; Kate responded that she had left several messages without reply. XII. ADJOURNMENT The meeting a at approximately 8:40 p.m. (Ketterman, Dillon C -Un.) Signature: LRAM Date: y(6 Signature: Date: 1 1"/I 1 0 6