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HomeMy WebLinkAboutCCPR-02-24-09 (Approved: 3-/0 CARMEUCLAY BOARD OF PARKS AND RECREATION BOARD MEETING MINUTES Regular Meeting February 24, 2009, 6:00 P.M. The Monon Center West 1195 Central Park Drive West CARMEL, IN 46032 MEMBER ATTENDEES MEMBER ABSENTEES OTHERS J Engledow J Hagan M Westermeier J Miller T Tolson M Klitzing D Dutcher A Kostrzewa P Chester D Grisham S Dillon Gary Doxtater J Ketterman Tricia Hackett 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 February 24, 2009 pursuant to notice. President James Engledow, presiding over the meeting, asked Dan Dutcher to take the roll. All Board members were present except Judy Hagan and Tim Tolson. 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)." I11. PUBLIC COMMENTS Gary Doxtater appeared as a representative of the Indiana Wildlife Foundation to thank the Park Board for hosting the Urban Planner Wildlife Workshop at The Monon Center and complimented CCPR staff. IV. STAFF REPORTS Michael Klitzing described the reports in the board packet to be those generally included and a few additional ones: (a) a summary of the Park Board's funding sources, (b) a consolidated financial report for 2008 and January, 2009 and (c) annual CICF report. He next reported that the program cancellation rate had dropped to 30 a rate consistent with a mature system, giving credit to CCPR staff. He mentioned that Kate Schneider will present the Fall 2008 Recreation Participation report at a subsequent meeting as a conflict precluded her attendance tonight. V. COMMITTEE REPORTS A. Standing Committees 1. Personnel Committee: Joe Miller reported that the Personnel Committee met, discussed and agreed on the Director evaluation process for recommendation to the Park Board, deferring a detailed explanation until later during Agenda Item E. He also reported that the Committee is anticipating receipt of a staff revised Personnel Handbook for the Committee's review, noting the staff recommendation to have separate handbooks for fulltime employees and part time /seasonal employees. 1 2. Finance Committee: As Judith F. Hagan was absent and the Finance Committee had not met in February, there was no report and no questions or comments were noted on the minutes included in the board packet. 3. Properties Committee: Sue Dillon reported that the Properties Committee met earlier tonight during which meeting Michael Krosschell of The Schneider Corporation presented an update of the Founders Park Phase II design, primarily focusing on the playground area and orientation of the recreational elements that the committee supported. She added that the Committee unanimously agreed to present 2 recommendations to the Park Board: a. As regards the Guilford Place Lot 17 encroachment, the Committee recommended acceptance of an offer from Greenspace to pay for the re- vegetation material out of its Home Depot grant in lieu of legal action against the homeowner. The Park Board agreed to accept the recommendation. (Dutcher, Ketterman C -Un.) b. After Mark distributed a draft Capital Projects list, he described the projects, the timing and priority recommendations as well as the funding sources which the Properties Committee then recommended for acceptance by the Park Board, noting the need for review by the Finance Committee for subsequent recommendation. Discussion included J Ketterman's note that Cherry Tree development was omitted, resulting in the Properties Committee agreement to put it on their task list to identify 3 potential uses for recommendation to the Park Board. M Klitzing suggested that the Properties Committee and the Park Board consider a public input master plan process for the Cherry Tree Park to assist with use recommendations. M Westermeier recommended a Finance Committee review prior to Park Board adoption. After further discussion, the Park Board elected to move the proposed Capital Projects list to the Finance Committee for consideration and recommendation. (Dutcher, Chester C -Un.) VI. ACTION ITEMS A. Minutes —Dan Dutcher 1. January 13, 2009 Regular Park Board Meeting Minutes were approved as presented after P Chester confirmed that the minutes to be signed noted that the roll call had been taken by Dan Dutcher. (Dutcher, Chester C -Un.) 2. January 31, 2009 Park Board Meeting Minutes were approved as presented. (Dutcher, Chester C -Un.) 3. February 17, 2009 Park Board Meeting Minutes were approved as presented. (Dutcher, Chester C -Un.) B. Financial Reports Joe Miller for Judith F. Hagan The Park Board acknowledged receipt of the Pentamation Financial Reports as presented. (Miller, Ketterman C -Un.) C. Claims Joe Miller for Judith F. Hagan 1. Claim Sheet February 24, 2009 was approved as presented. (Miller, Ketterman C -Un.) 2. Clay Township Claim Sheet February 24, 2009 was approved as presented (Miller, Ketterman C -Un.) D. Acceptance and/or Acknowledgement of Monies received Audrey Kostrzewa The following donations were acknowledged and accepted (Ketterman, Dillon C -Un): RECEIVED FUND AMOUNT RECEIVED FROM FOR Whitman Communications paid a 1 -30 -09 Gift $326.00 Whitman per bike amount to Pedal Park for Communications, Inc. bilked parked at Carmelfest 2008. Pedal Park Pedal Park designated that these fees would go the Park Department. 2 E. Consideration of Director Evaluation Process— Joe Miller Joe reported that pursuant to the newly adopted By -Laws, the Personnel Committee agreed to recommend the following 3 step process for evaluating Mark Westermeier in his role as the Director of the Carmel /Clay Department of Parks and Recreation during 2008: 1.Members of the Personnel Committee will conduct structured interviews of Park Board members. These interviews will not be anonymous. 2.Members of the Personnel Committee will solicit anonymous input from the Department's senior administrative staff. 3.The Personnel Committee will collect and compile in summary form, the information gathered. The Personnel Committee Chairperson, Joe Miller, will meet with the Director, Mark Westermeier, to review and discuss this summary. The President of the Park Board, Jim Engledow, will be asked to join the Chairperson and the Director for the discussion of the written summary. Joe noted that in subsequent years, the evaluation will be heavily influenced, if not dictated, by the measurables established to measure the values, all of which will be identified in the visioning matrix and the Business Plan currently being developed by PROS Consulting and for which the Director will be held responsible. After discussion, the Park Board approved the Personnel Committee's recommended process for evaluating Mark Westermeier's performance as Director of the Carmel /Clay Department of Parks and Recreation during 2008 as presented. (Miller, Dillon C -Un.) F. Transfer of Funds from Non reverting Park Program Fund 104 to Non reverting Park Opertainq Fund 103 Mark Westermeier and Michael Klitzing Michael explained that proposed Resolution 2- 24 -09 -01 recognizes and facilitates the conditions placed on the 2008 transfer of $650,000 in both the Clay Township and City of Carmel fund transfer resolutions, i.e., that funds not used by December 31, 2008, be transferred back from Fund 104 to Fund 103. Addressing T Hackett's question about the ESE funds, Michael replied that the funds which belong to ESE have been determined and should be retained in Fund 104 for ESE. He explained that only excess money from expended Monon Center expenses will be returned to Fund 103. Noting the controversy that has followed this matter, D Dutcher expressed interest in having a plan in place to deal proactively with the expected 2009 shortfall. Mark explained that though the Park Board requested the use of a portion of the $5,000,000.00 in cash reserves received from the COIT distribution on the Central Park bond issue, the matter took a political turn. J Engledow explained that the resolution from Council last December was not expected in the form it which it came, noting that the current plan is to have after the 1 quarter of 2009, the business plan, the marketing plan and the Walker Customer Satisfaction Survey, all of which will allow more informed discussions with the elected officials, with the 2nd meeting in April as a target. Michael mentioned that he had asked PROS Consulting to assess the true cost recovery capabilities and revenue sources of The Monon Center as part of the Business Plan. After more discussion, the Park Board waived the reading of Resolution 2- 24 -09 -01 (Dillon, Dutcher C -Un) and approved it as presented. (Dillon, Dutcher C -Un.) G. Consideration of Impact Fee Review.— Mark Westermeier Mark explained that he and D Grisham met with Mike Hollibaugh, Director of the City of Carmel Department of Community Services (DOCS) and John Molitor, Plan Commission attorney, to discuss the process to accommodate the City's readiness to review current Impact Fee Ordinance which expires in September of 2010 unless action is taken. Unchanged from prior years, the legal review process is fairly involved and lengthy with a 6 month waiting period after adoption. Mark reported that he and Deb will continue to work with City Officials and the Committee appointed by the Mayor to effect a meaningful review for consideration by the Park Board, the Plan Commission and ultimately, the Common Council. Deb reported that the goal is to present to the Carmel Plan Commission on May 19, 2009, a revised Zone Improvement Plan for its review. After discussion, the Park Board endorsed a review by the City of Carmel and CCPR staff. (Dutcher, Ketterman C- Un.) 3 H. Consideration of Proposal for Shakespeare in the Park Michael Klitzing Michael explained that for the past several years upon the initial referral from the Mayor's Office, the Department has contracted with City Centre Children's Theatre (CCCT) to provide Shakespeare in the Park productions in West Park as a free community event. Last year, the Department paid CCCT $6,000 for 3 productions for which there were no sponsors to offset the cost from the Park General Fund. He reported that the typical audience is approximately 150 people per show. Michael next referred to the 2009 CCCT proposal included in the Board packet. He explained that CCCT has offered to produce either one show with a Wednesday through Sunday running or three different shows for one night each in June, July and August at a cost of $8,000 for either option. As points of comparison, he noted that each "Kids Koncert" draws 300- 700 people with the band /entertainment costing $250 -$350 per event and "A Movie in the Park" draws approximately 150 people and at a cost of $270 per movie. Due to scheduling conflicts, staff was unable to present this proposal to the Finance Committee before presenting it to the Park Board. After much discussion about the cost per person comparison with other successful programs, the anticipated reaction by the Finance Committee and the timing of the need to move forward with a decision, the Park Board agreed to the following: 1. Negotiate a contract with CCCT to produce 3 performances, one show per month during the summer of 2009 for a maximum of $2,000; 2. Allow CCCT to supplement its financial support by soliciting other sponsors; and 3. Allow CCCT to use other locations within the Carmel Clay Park system for its productions. (Miller, Dillon C -Un.) I. Central Park Matters Mark Westermeier 1. GDH request for additional expenses of $15,054.00 outside of CM Contract Mark Westermeier Alan Armstrong, in his role as the Owner's Representative, has delivered for Park Board consideration a request from Geupel DeMars Hagerman, LLC for reimbursement of $15,054.00 that it expended over its budgeted Reimbursables maximum during its engagement as Construction Manager for the Central Park Construction Project. Geupel did not cite any contractual basis for this request, relying only on the idea that the overage provided a tangible benefit to the Park Board. Deb Grisham answered D Dutcher that she believed there to be no contractual obligation to pay the requested amount. After discussion, the Park Board denied the payment of the requested sum of $15,054.00. (Ketterman, Dillon C -Un). 2. Request to Send Warranty Notices Mark Westermeier Mark explained that pursuant to the indoor pool assessment for which Summit Construction had been engaged, Summit recommended delivery of written notices during the warranty timeframe, of defective or nonconforming conditions for reservation of the Park Board's rights to obtain from the contractors involved, the appropriate resolutions. The following contractors were notified for the following items: a. Gaylor Group, Inc.— pool grounding system; b Gibraltar Construction Corporation concrete; c. High Tech Pools, Inc. chemical residue on pool deck surfaces; corrosion of galvanized metals quality of pool water, peeling of pool coatings and staining of stainless welds on pool troughs; d. McCammack Tile, Inc for pool deck tile; and e. Sullivan Poore, Inc. for dehumidification; ventilation and Dectron unit mechanical q components. After discussion concluded, the Park Board endorsed the timely delivery of the notices within the warranty timeframe. (Miller, Ketterman C -Un.) J. Other Matters Deb Grisham Deb explained that an attorney with The Traveler's Indemnity Company Staff Counsel Office had requested assistance with litigation document review and preparation which required execution on behalf of the Park Board, specifically for Answers to a Request for Interrogatories. She stated that while the Traveler's attorney and she expected to win a dismissal of the lawsuit on a summary judgment motion, she advised that cooperation is necessary. She requested and the Park Board 4 unanimously agreed to authorize Debra Grisham as attorney for the Park Board and /or Mark Westermeier as Director of its Department, to complete and execute all documents on behalf of the Park Board needed to assist Travelers staff counsel. (Dillon, Dutcher C -Uri.) VII. ATTORNEY'S REPORT- Debra Grisham 1. Central Park Control Point and Casework project has been noticed for bid with a March 4th mandatory pre bid conference and a March 12, 2009 Bid Receipt/Opening Date. Deb noted a need to select and notice a special meeting of the Park Board to keep the project moving. The Park Board agreed to meet on Wednesday, March 18, 2009 at 5:30 at the Administrative Offices at 1411 E. 116 Street. 2. The Bid Receipt/Opening Date for the West Park Trail Improvements project is March 4, 2009; approximately 15 potential bidders have picked up bid documents. 3. No new tort claims have been filed of which Deb has been made aware. VIII. DIRECTOR'S REPORT In addition to the written report that was distributed at the meeting, Mark reported the following: 1 As the Indiana Department of Natural Resources has rejected Schmidt Associate's request for an extension on the Improvement in a Floodway Permit, requested in part to allow the Park Board time to consider the priorities of its capital improvements, we are in the process of contracting with Christopher B. Burke Engineering, Inc., the engineering firm recommended by IDNR to comply with its modeling requirement. 2. Common Construction Wage appointments will be deferred to the March 10, 2009 meeting due to the design status of Central Park (lifeguard building), Founder's Park and Hazel Landing Park. 3. Mark met with Mike Wells of the Hylant Group, the insurance agent engaged by the City of Carmel. He reported that he now understood the analysis underlying the insurance and funding assessment decisions as well as the coverage limits finally putting him in a position to talk intelligently to other providers as requested by the Park Board. IX. DISCUSSION ITEMS Michael reported that NBC is promoting a sitcom /spoof park and recreation show set in a small Indiana town, starring the "Saturday Night Live" regular actor, Amy Poehler. He next reported that he had accepted appointment to the Brownsburg Park Board. X. INFORMATION ITEMS A. Plan Commission D Dutcher reported that Carmel is launching development of a community driven Midtown plan (described to be north of 116 and between Keystone and Meridian and south of 146 Street), with a focus on public input, complete with a downtown office for the consultants hired to facilitate the planning process. B. School Board T Hackett commended the Carmel girl's swim team for its 23rd consecutive state win and the success of the Dance Marathon raising $159,000.00 XI. BOARD COMMENTS None XII. ADJOURNMENT The eting adjourned at approximately 7:55 p.m. (Ketterman, Dutcher C -Un.) Signature: 4DA Date: 10( Signature: wo 1-, ,.�6 Date: 3 I D O cJ 5