HomeMy WebLinkAboutCCPR-02-14-12 (Approved:
CARMEL /CLAY BOARD OF PARKS AND RECREATION
BOARD MEETING MINUTES
Regular Meeting
February 14, 2012, 6:00 P.M.
Monon Community Center East
1235 Central Park Drive East
CARMEL, IN 46032
MEMBER ATTENDEES MEMBER ABSENTEES .'OTHERS
D Cihak Hansen J Miller M Westermeier
J Engledow `M Klit zing
W Franklin kKostrzewa
J Kirsh D Grisham
P Knowles Brian, Ramirez (American Towers)
J Kristunas ,476 Ken Ed rdsson (Net Zero Living)
R Leirer'` Hal Espey uideographer)
R Taylor t 4
I. ROLL CALL
The regular meeting of the Carmel /Clay Board of Parks arid Recreation was convened at approximately 6:00 p.m.
on February 14, 2012 pursuant to notice. President J Engledow asked Secretary R Leirer to call the roll.
Members present other than J Engledowand R Leirer were D Cihak Hansen, W Franklin, J Kirsh, P Knowles, J
Kristunas and R Taylor. J Miller was ab in attendan are noted above.
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II. CALL TO ORDER and PLEDGE OF ALLEGIANCE.
President J Engledow called the meeting to gr which`' commenced after the Pledge of Allegiance. NOTE:
Hereinafter these minutes state the motion; fol lowe d parenthetically by the name of the one who made the
0 motion (listed first) and en theE,one who seco it. For exa p e the motion would read, "It was moved to
est
approve the minut etc. a nklin, Kirsh)." When a motion is carried but not unanimously, the results of the vote
will be listed i ee(Franklin, Kirsh 66to 2, with 1 abstaining). When the motion was carried unanimously, a "C -Un"
will be added i.e (,Franklin, Kirsh C -Un) Action f ken without objection will be noted in brackets as well
III. PUBLIC COMMENTS: Af te r Mi ch e K itzmg,sum rized an overview of recommended Board member protocol
and a a ac ctiori choices with regardto topics raised or presented during Public Comments, he introduced Ken
Edwardsson of Net ro Living, a not for profit corporation. As a follow -up to a 2011 presentation
made to the Park Boar Propert Committee, Mr. Edwardsson used power point to assist his introduction of
the passive house concept and his�mterest in working with the Park Board to build and provide on the north
car p us of Central Park u ch a ho se o be occupied by Net Zero Living for its headquarters to educate the
bu community and thgenera p ublic about the passive building concept" for 20 years after which the
building -oership would pass to the Park Board. After answering a few questions from members, President
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Engledoked Mr. Ed»ardsson for his presentation and offer. Michael next introduced Brian Ramirez
representing,American Tower Corporation with regard to interest in a cell tower at West Park. Mr. Ramirez
explained that ArfericanfTower is interested in constructing a 190' galvanized finished monopole and support
building on a 100t00' section of the 5 acres on the south east corner of West Park, commonly referred to as the
Riley property. Af er�he detailed the American Tower terms using power point, he addressed radiation concerns,
explained what uses other than cell companies utilize such towers, what happens to the tower upon expiration of
the lease term, the support building size and security details. After Debra Grisham summarized the legal process
for the disposal of real property, President Engledow thanked Mr. Ramirez for his presentation.
IV. STAFF REPORTS
M Klitzing reported that the standard staff reports included in the Park Board meeting packet reflected continued
positive trending, noting that January was a self sustaining month, Cost Recovery continues in a positive direction
and membership pass purchases are increasing. He closed with an offer to answer questions.
OV. COMMITTEE REPORTS
Prior to asking for committee reports, President Engledow suggested that each committee consider a recurring
date for its meetings, such as the third Thursday of the month.
A. Standing Committees
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1. Personnel Committee R Leirer reported that on February 13 the committee discussed director
goals and discussed the staffs projects to update handbook and job descriptions..
2. Finance Committee R Taylor reported that on February 8 the committee discussed the 2013
budget process, considered staffing matters and agreed to recommend to the Park Board
approval of the 2012 pass rates and concluded by noting that the committee will next meet on
March 19 at 5:30 p.m. at the Administrative Offices.
3. Properties Committee W Franklin reported that on January 9 the committee established
priorities including Cherry Tree Park signage and discussed the concept of a Department
sponsored Haunted House.
VI. ACTION ITEMS
A. Minutes Richard Leirer
1. January 24, 2012 Regular Park Board Meeting Minuteswere approved as presented. (Leirer, Franklin C-
Un.)
B. Financial Reports Richard F. Taylor 111 Att
1. City of Carmel Financial Report Receipt was acknowledged as presented. (Taylor, Cihak Hansen C-
Un.) t
2. Clay Township Financial Report Receipt v as.acknowledged as presented. (T,�aayIor Knowles C -Un.)
3. CCPR P &L Statements Receipt was acknowledged as presented. (Taylor, Knstunas C -Un.)
C. Claims Richard F. Taylor III
1. Claim Sheet February 14, 2012 was approved as presented. (Taylor, Leirer C -Un.)
2. Clay Township Claim Sheet February 14, 2012 was approuedkas presented after clarifying all matters for
which claims were paid. (Taylor, Kristunas�`C, -Un).
D. Acknowledgement of Monies and In- KindlDonations received A Kostrzewa. No Report.
E. Designation of Certain Gift Fund Monies 1961 KlitzingS
Michael explained thatoverramber of years,monies generated from a volunteer -run, bike parking service at
the annual July 4 Carmelfes el have been donated annually to the Park Board: While the group initia
focused on encou aging the u oo the Monon G e nway and bicycle- riding as a means of transportation, the
group secured*gran tst i'n.recent years through the Gree
nways Foundation, Inc. In keeping with normal procedure,
gifts received with no specific use designation are posted in the Gift Fund 853 as "general' gifts. He explained that
Judy Hagan and Karen Bo n ff fforts of the volunteer group, requested that the total received to
date, $3';768 27, Abe specifical y e associated with the Monon Greenway, consistent with
the original intent�After explaining that unrestricted Gift Fund monies can be used for any park expenditure and
that this is simply an a rmark fore benefiting the Monon Greenway, the Park Board designated $3,768.27 of
e xeq&monies in Gift Fund1853 to be earmarked for expenditures associated with the Monon Greenway. (Taylor,
Knowles C -Un.)
F. Consideration of Matters Regarding Central Park
1. Eastside Development Project Mark Westermeier
k a Gibraltar Construction Corp. Change Order No. 6 (deduct of $23,850.00) and Change
Order No. 7 (increase of $26,693.00);
r Mark explained that while the Park Board approved at its November 22, 2011 meeting,
w Change Order No. 6 for an overall deduct of ($23,850.00), the Park Board had not
specifically addressed extending the Contract Time by 56 days for the redesigned
handrail work. Since that time, Gibraltar refused to sign Change Order No.6 as it was
written and after much discussion, an extension of time for all the Work which was to
have concluded on November 18, 2011, is set forth in Change Order No.6 (Amended).
While Change Order No. 6(Amended) provides for the same $23,850.00 deduct, it
extends the original completion date to two dates: February 22, 2012 for all Work other
than weather dependent Work and March 21, 2012 which Mark described. Mark next
explained the need for Change Order No. 7 resulting in an increase to the Gibraltar
Contract Price by $26,693.00 for removal of trees interfering with the Interurban culvert
wing walls, cleaning interurban trail slope with a recon machine and revising drainage
and grades at the Latrine. After discussion, the Park Board rescinded its approval of
Change Order No. 6 and in lieu thereof, approved Change Order No. 6 (Amended) dated
January 11, 2012 as presented, resulting in an overall decrease of The Gibraltar Corp.
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Contract Price by $23,850.00 and a 96 day extension of time to February 22, 2012 for
completion for all Work other than the four descriptions of Work on Attachment No. 1 to
0 the Change Order No. 6 (Amended) which will be extended for completion by 124 days to
March 21, 2012 and authorized the President to execute the same.(Leirer, Knowles C-
Un.) The Park Board next approved Change Order No. 7 dated January 16, 2012 as
presented, resulting in an increase to The Gibraltar Corp. Contract Price by $26,693.00
and authorized the President to execute the same. (Knowles, Kirsh C -Un.)
b. Williams Creek Management Corp. Change Order No. 3 (increase of $30,396.00);
Mark described the Work cited in Change Order OX resulting in a $30,396.00 increase
to the Williams Creek Management Corp. Contract, didnot increase the scope of the
Project as such was the result of circumstances that could not have been reasonably
foreseen, all as set forth in the Owner Re eseeht`ative letter dated January 19, 2012.
Accordingly, the total of all current charge orders issued that increase the scope of the
project do not exceed twenty percent (20 of the arno unt of the original contract. He
also noted the completion date exte sionto May 18,2012. After discussion, the Park
Board determined that based on the presented facts, the W set forth in Change Order
No 3 was not reasonably foreseen and therefore does not increase the scope of the
Central Park Eastside Development Project. (Knowles, KirshCUp Y`It next ratified
Director Mark Westermeier s ppr,.oval of Contract Change Order No. 3 dated December
7, 2011 as presented, to increasethe C ontr a t,Price in the Williams Creek Management
Corporation Contract for Bid Item F.1 by an additional sum of $30,396.00 and authorized
the Architect, the Owner's Representative, the Park Board Attorney, the Department
Director and the Park Board officers to k all necessary and appropriate action to effect
such Contract Cha
-Was, including the preparation and execution of attending
documents. (Knowles, Kirsh C Un.)
c. Williams Creek M agement Coop Ohange,Order No. 4 (increase of $6,575.00).
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Mark next explained that asr k with ChangeOrder No, 3, Change Order No. 4 which
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increases the Williams
Corp Contract by $6,575.00, for straw mulch necessary to
controlrerosion, was work that was also the result of circumstances that could not have
i been rem reasonably foreseen and which therefore does not increase the scope of the
y
Project After discussion the.,Rark Board determined that based on the presented facts,
-the Work set forth in ChangeOrder No 4 was not reasonably foreseen and therefore
"°does
notinaseathe scope of the Central Park Eastside Development Project. (Leirer,
dr cre -v.m of
t.. 0 Knowles C -Un.) It�next ratified Director Mark Westermeier's approval of Contract Change
�.ao- Order -No 4 dated December 9, 2011 as presented, to increase the Contract Price in the
/�4 Management Corporation Contract for Bid Item F.1 by an additional sum
of,$6,595 and authorized the Architect, the Owner's Representative, the Park Board
5 t orney, the Director and the Park Board officers to take all necessary and
p ropriate action to effect such Contract Change Order including the preparation and
Nilzkts
e of attending documents.(Leirer, Knowles C -Un.)
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2. Drainage and Overflow Parking Project Mark Westermeier
Mark prefaced his comments with his request that the Park Board consider the revised coversheet which
includes an additional motion under the motions regarding the engagement of The Schneider Corporation
("TSC"). He explained that the project described in the Professional Services Agreement ("PSA")
provided`ih the Board packet has little room for surprises or any extra steps if it is to be concluded by May
25, 2012. It is possible that TSC may determine that extra steps are necessary to develop the project
reflected in the PSA which requires a different approach to address the need for temporary overflow
parking critical to the public's enjoyment of The Monon Center this summer. Accordingly, it may be
necessary to complete this Project in 2 steps, the first to design and construct a parking surface sufficient
to be used for the 2012 summer season and the second, to design and construct the project as presented
in the PSA with drainage resolutions on both sides of the park. After the Park Board agreed to contract
directly with The Schneider Corporation to provide architectural design and /or engineering services to
address the parking and drainage improvement issues identified at Central Park and as reflected in its
proposal dated January 18, 2012, referred to as the Central Park Drainage and Overflow Parking Project
(Taylor, Franklin C -Un.), it approved the Professional Services Agreement with The Schneider
Corporation as presented for the Central Park Drainage and Overflow Parking Project for the sum of
$32,900.00 and authorized the Park Board President or Vice President to execute the same. (Cihak
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Hansen, Kirsh C -Un.) After discussion, the Park Board authorized the Park Board President and the Park
Department Director to negotiate an amendment to the PSA to allow for a phased approach whereby
temporary overflow parking is designed at a cost not to exceed an additional Ten Thousand Dollars
($10,000.00 in the event The Schneider Corporation determines that there is not sufficient time to
construct the Central Park Drainage and Overflow Parking Project to allow for overflow parking in time fo
the 2013 Summer season due to permitting or other process driven requirements. (Taylor, Kirsh C -Un.)
In the interest of time, the Park Board authorized The Schneider Corporation, the Department Director
and Park Board Attorney to take all necessary and appropriate action to issue and receive either quotes
or bids for the Work required for the Central Park Drainage and Overflow Parking Project, as allowed
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under the applicable public works laws so long as the funding for istunder $250,000.00. (Knowles, Cihak
4 Hansen C -Un.).
3. Water Park Enhancement Project Mark Westermeier f
No items were presenting under this placeholder for iternhat arise after the Board packet assembly but
in time for the Park Board meeting and in need of Park�Bo action
et
G. 2012 Daily Rates Michael Klitzing reported that this item will be deferred to a Iater meeting.
H. Consideration of Memorandum of UnderstandingtNo. 1 for Shared Expenses fo tEeasibility Study
Regarding Pedestrian Bridge over White River Connecting Hazel Landing Park toFsher Heritage Park
Between the Carmel /Clay Board of Parks and Recreation.andthe`Town of Fishersfndiana.
Mark recommended approval of the Memorandum of Underst anding "(MOU executed by the Fishers Town
Manager. He explained that pursuant to the MOU, the Park Department will engage USI Consultants, Inc. "USI
to perform the Feasibility Study at a cost of Nineteen Thousand E ht Hundred Dollar ($19,800.00) which Fishers
will share equally. After discussion, the P`e k Board approved as prese nted, the document entitled Memorandum
of Understanding No. 1 For Shared Expenses forkeasibility Study Rega di Pedestrian Bridge Over White River
Connecting Hazel Landing Park to Fishers ParktBetween TherCarmel /Clay Board of Parks and
Recreation and The Town of Fishers, Indianaand auth-, o ized the Park Board President or Vice President to
execute the same. (Cihak Knowles C Un '1/4;40=,
VII. ATTORNEY'S REPORT— Debra Grisham
A. Tort Cla msNone reprted.
B. General. D Grisham reported the following ghlights:
11. 146 Streetva d4 P edestr i anaBridge Project: County Attorney Mike Howard delivered a draft
f i rlo A greemen t I submitted�,aTredline with suggested changes to the County on January 12 to
which there has been no reply. Clay Township approved a version of the Interlocal which was
materially identical totthe one I submitted to the County. As far as I can tell from the City of Carmel's
on line documents, it ha taken no action.
j 2. Hagan- Baireellanagement Agreement Amendment to add the Greyhound Trail: An initial draft
of an Amendment is ready for discussion with Mark.
3 Legislation 20 2. The Indiana Association of Cities and Towns has provided updates regarding laws
A, that could imet Indiana cities and towns; those which could affect the Park Board include:
a 3 B 1093158 92 (Mahan, R- Hartford City and Gard, R- Greenfield) permit a court to impose
p „.H rsona civil fines on an officer of a public agency or employee for violation of the Open Door
LgMcir Access to Records Act. IACT opposed this provision. IACT proposed that before an
individual could file a law suit, the matter be reviewed by the state public access counselor.
Another provision in the bill requires public agencies to email notices of public meetings to
anyone who requests to receive notice or give public notice via the agencies' website.
b. HB 1005 (Authored by Rep. Mahan, R- Hartford City) and SB 170 (Authored by Senate Local
Govt. Chair Connie Lawson, R- Danville) prohibit a city or town councilor from also being an
employee of the same unit and contain nepotism provisions which prohibit relatives from being
employed in direct line of supervision, but grandfather current employees.
c. SB 107 Deadline for Adoption of Salary Ordinances (Zakas, R- Granger) requires a third
class city to adopt a salary ordinance no later than November 1st (instead of September 30th) for
the ensuing budget year. Subject to the approval of the legislative body for each city, the city
executive is mandated to determine the compensation of city employees. The legislative body
may reduce but not increase any compensation fixed by the executive. This must be filed by
November 1st of each year.
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d. SB 309 Local Purchasing and Public Works Preferences (Hershman, R- Monticello) HB
1154 IN Business Preference (Messmer, R- Jasper) give cities and towns the choice as to
411 when to apply the Indiana business preference for purchasing and repeal the Indiana business
preference for public works projects. The bills provide that the local Indiana business preference
applies to a contract for a purchase only if the political subdivision provides in the solicitation that
the preference is applicable to the purchase. They clarify that the term "affected county" refers
only to an Indiana county. The bills also make uniform at $150,000 the threshold for public works
projects which require a public bids process versus quotes.
VIII. DIRECTOR'S REPORT Mark Westermeier
In addition to his written report provided in the Park Board packet, Mark�reported as follows:
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Founders Park A draft MOU was delivered to the Dad's Club for (review and comment.
Cherry Tree Park —The Schneider Corporation contract to survey'C,,ery Tree has been executed.
Website It is essentially complete and working as well as itcan with the software.
IX. DISCUSSION ITEMS None.
X. INFORMATION ITEMS r
1. Plan Commission J Kirsh reported that he atte a workshop featuring walkability i Carmel and
reported the benefits of the Library's studies.
2. School Board P Knowles reported that the Sch0010BQard4(a') addressed 17 new policies; (b) heard about
the changing math curriculum (c) is preparing for negotiations by attending a workshop on collective
bargaining.
XI. DISCUSSION ITEMS /BOARD COMME
1. J Engledow asked what the Park Board wantec to do with the Net Ze o Living request to consider a passive
house on park property, noting that it has been tort Properties Committee. W Franklin agreed that it did not
favorable redo
get a majority to agree to a mme ationd cited, numerous concerns with which J Kirsh took
0 issue. There was no objection to the suggesti that this t op as well as the cell tower be discussed at the
P ark Board retreat with regard to the Master plan discussion Jim asked staff to send out for Park Board
availability response, possible.. March and April retreat/workshop dates.
2. R Leirer aske` d that the powe point presentations be sent electronically to the Park Board.
3. J EngledoW reminded all that he would not be at the February 28 regular Park Board meeting.
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XII. ADJOURNMENT The adjourne at 7:55 p.m. (Kirsh, Taylor without objection.)
Signature: 4:41b, a Date:
Signature: �3 Date:
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