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HomeMy WebLinkAboutCCPR-04-22-08 (Approved 5 -43 ,d S CARMEL /CLAY BOARD OF PARKS AND RECREATION BOARD MEETING MINUTES Annual and Regular Meeting April 22, 2008, 6:30 P.M. The Monon Center East 1235 Central Park Drive East CARMEL, IN 46032 MEMBER ATTENDEES MEMBER ABSENTEES OTHERS J Engledow J Rosensteele A Kostrzewa P Chester M Klitzing S Dillon D Grisham T Tolson Mark Westermeier J Hagan Kate Schneider J Ketterman J Miller D Dutcher ROLL CALL II. CALL TO ORDER The Regular Board Meeting of the Carmel /Clay Board of Parks and Recreation was convened at approximately 6:40 p.m. on April 22, 2008 pursuant to notice. President Jim Engledow asked Secretary Pattie Chester to take the roll. Board members present other than J Engledow and P Chester included S Dillon, J Miller, J Ketterman and Tim Tolson. J Rosensteele, J Hagan and D Dutcher were absent. Having confirmed the presence of a quorum, J Engeldow 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 1 abstaining). When the motion was carried unanimously, a "C -Un" will be added i.e. "(Dutcher, Tolson; C -Un)." Mr. Engledow noted that due to the number of action items on the agenda and the need of one (1) of the Board members to leave as soon as possible, the action items should be moved to be considered immediately following the public comment section. (Engledow, Tolson C -Un.) III. PUBLIC COMMENTS -None. IV. STAFF REPORTS None. V. COMMITTEE REPORTS A. Standing Committees 1. Personnel Committee: No report. 2. Finance Committee: Judith Hagan. No report. 3. Arts in the Parks Committee: Sue Dillon. No report. 4. Properties Committee: Sue Dillon. No report. 5. Safety Committee: No report. 6. Central Park Process Management Committee: Mark Westermeier. Mark reported that the committee had not met since its March 3rd meeting and that he would report on Central Park as part of his report. B. Special Committees 1. Encroachment Committee: Mark Westermeier. No report. J Engledow noted that he had not reviewed the minutes of a prior meeting to refresh the Board about the direction for the restoration effort and would do so prior to the next meeting. 1 VI. ACTION ITEMS A. Minutes Pattie Chester April 14, 2008 Regular Park Board Meeting Minutes were approved as presented. (Chester, Tolson C -Un.) B. Financial Reports Susannah H. Dillon for Judith F. Hagan Financial Reports were accepted as presented. (Dillon, Tolson C -Un). C. Claims Susannah H. Dillon for Judith F. Hagan 1. Claim Sheet April 22, 2008 was approved as presented. (Dillon, Ketterman C -Un.) In response to J Ketterman's•question, Audrey Kostrzewa explained that the "employee dishonesty policy" claim referred to an insurance premium that covered acts of dishonest employees such as theft. 2. Park Bond Claim Sheet April 22, 2008 was approved as presented. (Dillon, Tolson C -Un.) Mark explained that the On -Ramp services continue to be connected to the set up and problem solving resolution of the computer /communications /control point systems. D. Acceptance and or acknowledgment of Monies Received Audrey Kostrzewa Audrey reported receipt of the following donations /gifts to which the Board consented (Dillon, Tolson C -Un): RECEIVED FUND AMOUNT RECEIVED FROM FOR 3/17/08 Revenue Facilities 100.00 House of Martial Arts Egg Hunt 2008 1047 Sponsorship 3 -31 -08 Revenue Facilities 500.00 Schmidt Associates Arbor Day 2008 1047 Sponsorship E. Consideration of bids for Phase I of Founders Park Mark Westermeier Michael Krosschell of The Schneider Corporation, the Design Engineer of the Project, was introduced and distributed the bid results and the paperwork supporting or related to his recommendation to accept the lowest responsible and responsive bid from Central Engineering Construction Associates, Inc. "CECE in the amount of $1,015,718.00. He explained that Jody Wallace of CECE was present to answer any questions and endorsed the company's reputation. He reminded the Board that this Phase I consisted of the preparation necessary for Phase II which would include the actual park amenities. In answer to P Chester's question about whether the floating docks would be included in Phase II, Michael endorsed their use but acknowledged that he did not have the engineering aspect worked out for them. Mr. Wallace confirmed the use of asphalt for the parking lots and stated that erosion control measures would be taken as soon as the contract is awarded and that he expected to start moving dirt during the second week of May. T Tolson asked whether it was appropriate for The Schneider Corporation to be a subcontractor for the staking work at $11,600. M Krosschell stated that his company performed that type of work all the time in the same type of setting on public jobs. D Grisham answered that she had not been apprised of the subcontractor role as the review and recommendation of the bids was the responsibility of the Design Engineer. J Engledow noted that the amount was less than 1 Mark Westermeier stated that he was very comfortable with Schneider performing that important task. The Park Board unanimously accepted the bid from Central Engineering Construction Associates, Inc. of Greenfield, Indiana, in the amount of $1,015,718.00 for Founders Park Infrastructure Phase 1, and authorized The Schneider Corporation as the Design Engineer of the Project and the Park Board 2 Attorney 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, if any, and authorized the President or Vice President of the Part Board to negotiate and sign a contract with the Bidder upon completion of the Park Board attorney's review. (Miller, Ketterman C -Un.) F. Consideration of Advertisement Sales in the Park and Recreation Guide Michael Klitzing Michael explained that based on the experiences of other park and recreation agencies and the ever constant need to keep costs down, the Park Department staff developed for the Park Board's consideration, a proposal to solicit advertisements from corporate pass holders and /or community minded companies to offset the publication and distribution costs of the seasonal brochure used to promote the Department's programs and services. He explained that the publication's approximate $40,000 $50,000 cost per issue (includes printing, mail preparation /sorting, and postage) for distribution to all Clay Township households is attributed to the Monon Center's operating budget. He referenced the draft rate sheet, background information, and comparable rates charged by other agencies provided in the Board packet. The program would be administered by Lindsay Holjater, the Marketing Coordinator, who could start immediately contacting potential advertisers upon the Park Board's authorization to proceed. Time is critical to be able to include ads in the Fall 2008 brochure, scheduled to be distributed in August. J Engledow voiced his strong support of the program and suggested that St. Vincent's be given a special opportunity to participate. Mark mentioned that he would like to see a section set aside for the non profits. The Park Board unanimously agreed to authorize staff to proceed with soliciting advertisements for the Carmel Clay Parks Recreation brochure at the presented rates. (Ketterman, Dillon C -Un.) G. Consideration of Conciliation Agreement Michael Klitzing Michael asked Deb Grisham to summarize the situation. Deb explained that last summer, an 18 year old female with impaired hearing applied for a lifeguard position in April or May of 2007 and after several unsuccessful attempts to interview and orient her, she was hired on July 6, 2007 as a part time swim lessons instructor. On 8 -3 -07, the part time employee filed with the U.S. Equal Employment Opportunity Commission, Charge No. 470 2007 04115, claiming a failure to utilize the interactive process (for the hearing impaired), a violation of the Americans with Disabilities Act of 1990. The EEOC is the federal agency with primary responsibility for enforcing the federal equal employment opportunity laws which prohibit discriminations based on race, color, religion, sex, national origin, age and disability. The EEOC review concluded with a March 31, 2008 Letter of Determination (LOD) and a proposed Conciliation Agreement. Michael apprised his EEOC contact of his intention to recommend to the Park Board tonight, acceptance of most of the terms of the Conciliation Agreement with a smaller monetary offer. The Park Board authorized the Park Department Director and Assistant Director to negotiate with the EEOC and the Park Board President to execute, a Conciliation Agreement in the matter of Charge No. 470 2007 -04115 on terms and conditions consistent with the form of agreement provided by the EEOC with the exception that the Charging Party Relief be negotiated. (Miller, Ketterman C -Un.) H. Consideration of Farm Lease Records Request Debra Grisham Deb explained that Riley Bros. Inc. leases for farming purposes approximately 9 acres of undeveloped land at West Park (the "Farmed Property which farm lease was assigned to and assumed by the Park Board as part of the lease purchase transaction with Mrs. Perelman. Unless terminated by either party with notice by November 1 of any year, the lease renews for the following year. According to a USDA Farm Service Agency letter, the farmer wishes to transfer records to the Boone County FSA Office for administrative purposes and convenience as noted on the FSA -179 form, both of which were included in the Board packet. The FSA letter requests a letter on Park Board stationary from an officer authorized by the Park Board to confirm the ownership of the Farmed Property and the cash rent arrangement. Sue Dillon explained that the Hamilton County USDA office closed and farmers were given the option to have their records transferred to another county office. The Park Board unanimously authorized the President of the Park Board to execute the enclosed form and a cover letter consistent with the request in the attached March 27, 2008 letter from Tammy Cooper of the USDA Farm Services Agency in Boone County. (Dillon, Ketterman C -Un.) 3 I. Central Park Matters Mark Westermeier Mark reported that he had no action items for consideration and would include Central Park in his Director's Report. With no further action items to be considered at 7:02 p.m., Joan Ketterman excused herself and the Park Board continued its meeting with Staff and Committee Reports as noted above, followed by the Attorney's Report, the Director's Report, Discussion Items, Information Items and Board Comments. VI. ATTORNEY'S REPORT Deb Grisham 1. Tort and other claims. Deb reported that the following claims were received: a. An ESE enrolled child climbed onto a cafeteria table which collapsed; b. A person suffered a laceration between the toes from the door to the aquatics area; and c. an indoor swimmer claimed to have dislocated a shoulder on a lane rope while swimming the backstroke. 2. General: Deb shared that Coots Henke Wheeler provided notice of a BZA public hearing for a use variance to allow a flower business at 4611 E. 116 Street in Carmel. All were encouraged to notify Deb or Dan Dutcher should they have any comments or concerns about the matter. No concerns were expressed at the meeting. VII. DIRECTOR'S REPORT —Mark Westermeier reported the following: 1. Central Park i. Schneider concluded that the current condition of the Interurban bridge base would not structurally support a public trail. Accordingly, Mark suggested that improvement of a trail over the Interurban be removed from the list of priority projects; He stated that the next step is to meet with the City (of Carmel) Engineer to discuss plans for correction as a series of culverts actually hold water. S Dillon suggested that the County Surveyor's office may be responsible for fixing the Interurban as it is considered a legal drain. Mark stated that because the Central Park project did not alter any drainage, the Park Board was not required to improve the drain. ii. Gene Margason of Summit Construction continues to work through his assessment of the installation and operation of The Monon Center systems. Specifically, Mark reported the issue of a calcium build -up and maintenance- intensive sink water operation to adjust water temperature and pressure to satisfy users, suggesting that the automatic faucets be replaced over time with faucets with handles to which S Dillon took exception based on hygiene concerns. Mark further explained that the water utility department has attributed the buildup to be caused by the metals in the water connecting to the metals in the plumbing system but that the water itself is safe. There is also a question of how much of the water pressure issues can be attributed to the booster pump installation /operation. P Chester endorsed the switch of automatic faucets while J Engledow endorsed fixing the water issues with the showers as soon as possible. iii. The limestone wall facing north at The Monon Center East is scaling and may be normal or a bad batch of limestone. iv. Outdoor pool chemical treatment is being switched from liquid to tablets and accordingly Mark is in the process of applying for an EPA permit to transport the chlorine which may be facilitated by the City of Carmel Utility Department. v. Williams Architects have come up with a new window to address a control point issue and the turnstile manufacturer has agreed to rework the turnstiles but progress is slow. vi. Two of the lead designers on The Monon Center are no longer with Meridian Engineering; vii. Becker has been working on the landscape list. viii. Terry is working with Gaylor on the cable conduit issue. ix. An Assessment Center has been scheduled to interview General Manager candidates. Mr. Engledow is a participant. 2. Hazel Landing Park 2 new issues have surfaced: i. The current DNR permit that allows construction in a floodway with a maximum change in topography to be a maximum of 6" needs to be amended to allow up to 8" of change. A 30 day timeframe is expected. The tree Inventory allowed us to save high quality trees. He will meet with John Duffy of City of Carmel Utilities regarding easements for the road access. 4 ii. J Duffy has asked to meet regarding the possible routing of a large distribution water main along 111 Street though a portion of Central Park; 3. West Park Mark attended the Carmel /Clay Plan Commission Public Hearing on the rezone of West Park to P -1 where he addressed future plans and met with several folks after the hearing. He noted the particular negative comments from both public and plan commission members regarding cell towers at West Park. He addressed the cell tower concerns by saying that any cell tower would need to follow the required approval process. P Chester and S Dillon mentioned the recently installed cell tower at Noblesville's Dillon Park which seems to fit in with the decor. Mark explained that because the PC did not have sufficient members present, they could not suspend the rules and approve the rezone request. Instead, the PC was able to send it to the appropriate PC Committee for approval. 4. Founders Park Mark mentioned that he has scheduled a meeting with residential neighbors of the park on Wednesday evening. 5. Summer Construction Projects In answer to S Dillon's request for a list of summer construction projects, Mark stated that he would send out a new priority list with his recommendations. He cautioned the Board that with the Founders Park project having been awarded and moving, there will be little money left to commit and noted that he expected to let the Master Plan report help determine the project needs. He mentioned his inclination to hire Summit Construction to provide construction management services on several projects. S Dillon suggested an independent contractor for such a role and mentioned the West Park drainage problem. Mark summarized the underlying causes of the drainage problem (clogged and broken farm tiles) and stated that a plan is needed to move forward with a fix. While John South had offered to produce such a plan to help us keep costs down, the Park Board could hire a drainage engineer. IX. DISCUSSION ITEMS 1. Jim Rosensteele's replacement has not been appointed; Deb will let Jim know that his offer to contact the Mayor would be appreciated. 2. J Engledow mentioned that he has been advised that the Park Board continue to approve its claims in 2 meetings per month as opposed to delegation to a Finance Committee and accordingly, Jim asked the Park Board members to consider when they would like to have a second meeting, suggesting that an early morning meeting helped to keep the action to a claims focus and worked for him. X. INFORMATION ITEMS 1. School Board. Joe Miller. No report. 2. Plan Commission. Dan Dutcher. No report. XI. BOARD COMMENTS 1. P Chester reported that Greenspace had been notified that the Home Depot and Council of Mayors had determined that the City of Carmel /Greenspace grant application is to receive either first (a $75,000 grant) or second (a $25, 000 grant) which money will be received by Greenspace. 2. T Tolson mentioned that with the contractor trouble regarding the Indianapolis Library and that which the Park Board itself had experienced, he expressed his interest in being diligent about using only known, reputable contractors. XII. ADJOURNMENT A motion was made to adjourn at approximately 8:15 p.m. Signature: a z Date: s 3ic r Signature: Date: 5 13 DIS 5