HomeMy WebLinkAboutCCPR-02-15-07Park Board Meeting Minutes
February 15, 2007
(Approved: -/3 7 )
CARMEL /CLAY BOARD OF PARKS AND RECREATION
BOARD MEETING MINUTES
Regular Meeting
February 15, 2007, 6:00 P.M.
(Originally scheduled for Tuesday, Feb. 13; rescheduled due to snowstorm)
Administrative Offices of the Carmel Clay Department of Parks and Recreation
1411 E. 116th Street
CARMEL, IN 46032
MEMBER ATTENDEES MEMBER ABSENTEES OTHERS
J Rosensteele S Shapiro A Kostrzewa
P Chester J Miller M Klitzing
D Dutcher M Westermeier
J Engledow D Grisham
S Dillon C Broderick
T Tolson
J Ketterman
ROLL CALL
The regular board meeting of the Carmel /Clay Board of Parks and Recreation was convened at 6:10 p.m. on
February 15, 2007 pursuant to notice. President Susannah Dillon asked Secretary Pattie Chester to take the roll.
Board members present other than Mrs. Dillon and Mrs. Chester included Mr. Rosensteele, J Engledow, D
Dutcher, J Ketterman and T Tolson. S Shapiro and J Miller were absent.
II. CALL TO ORDER
Having confirmed the presence of a quorum, Mrs. Dillon 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. (Rosensteele, Tolson)." When a motion is carried but not unanimously, the results of
the vote will be listed i.e. "(Rosensteele, Tolson; 8 to 2, with one abstaining). When the motion was carried
unanimously, a "C -Un" will be added — i.e. "(Rosensteele, Tolson; C -Un)."
III. PUBLIC COMMENTS: No members of the public were present. No comments.
IV. STAFF REPORTS: Michael Klitzing reported the following:
a. due to the rescheduling of the meeting, the introduction of employees and the program update has been
deferred to the Park Board's March 13, 2007 meeting;
b. the Board Workshop will be held on Tuesday, March 6th from 12:00 noon to 7:00 p.m. at the Monon
Center. He emailed and distributed a survey to assist with workshop preparation.
c. In response to Mrs. Dillon's inquiry about questions for Michael, the following was addressed:
i. With regard to the master Plan status, MIG is waiting on direction from staff;
ii. The Summer Programming brochure was distributed reflecting 2+ times the number of camp
sessions at the school and park locations; Much discussion focused on this as a continuation of
the ESE program (funded through the ESE Budget 1046) and the confidence that it is /will be
adequately promoted to those currently within and outside of the school year ESE program; he
noted promotion through a summer camp expo, Radio Disney and press releases. ESE staff in
place will continue noting summer related changes;
iii. Monon Center Passport enrollment is at over 1000 members;
iv. Corporate rates for Park Board members and city employees will be available before the end of
March;
v. The Software is working well but until we are on our own server (AT &T line install needed),
challenges continue;
vi. March 15th is the new goal for the Recreation Staff to be working and programs to be held in the
Monon Center;
vii. An April 14, 2007 dedication ceremony is planned;
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February 15, 2007
viii. Pictorial directory of staff is in the works;
ix. Consensus was that a pre- dedication CPAC member tour was important to validate the
implementation of the Master Plan elements that survived the budget cuts; and
x. President Dillon asked if the staff had considered allowing not - for - profit groups a one time free
meeting space as a community service and to launch the MC benefits.
V. COMMITTEE REPORTS
A. Standing Committees
1. Personnel Committee: Jim Rosensteele: Mr. Rosensteele reported that the Personnel Committee met at 6:55
and after discussion and consideration of all pertinent information regarding Diana Ray, the Committee
unanimously agreed to recommend to the Park Board (i) the grant of unpaid leave through Wednesday,
February 28, 2007, (ii) payment of the employer's share of her medical and dental insurance and (iii) if she is
does not return by March 1st to her fulltime position of Accounting Technician with a Doctor's release without
restriction (or with reasonable accommodation, if applicable), that would allow her to perform the essential
functions of her position, February 28, 2007 would be considered her last day of employment with the Park
Department. The Park Board considered the following facts regarding the request for leave and the
Department Needs and Hardship.
a. Diana's position is an Accounting Technician (internally known as the Business Services
Administrator) whose main job responsibilities include accounting tasks involving all monetary
receivables, payables and claims processing for the Department and the ESE Program except
Central Park; and
b. Audrey has taken necessary steps to keep up with the workload which has included many 11+ hour
days for her personally plus additional weekend hours, scheduling of part time employees to cover
certain tasks and sacrificing completion of the job tasks that Audrey as the Business Services
Manager is to perform on a daily basis; and
c. Diana has missed 45 of the last 52 working days excluding holidays and weekends; and
d. Given the latest information, the Department has determined that it can continue to tolerate her
absence only through 2- 28 -07.
Following the recommendation of the Personnel Committee and the Director, the Park Board considered and
approved the following motion placed into action by J Rosensteele:
"I move that the Park Board:
a. Hereby determines that an absence from the position of Accounting Technician for 45 of a total of
52 working days creates a hardship that the short staffed and growing Department cannot
continue to endure;
b. Grant Diana Ray's request for unpaid leave through February 28, 2007; and
c. Pay the employer's share of Diana Ray's medical ($173.06) and dental ($10.20) insurance per
two week pay period through February 28, 2007; and
d. Consider Diana Ray's employment with the Park Department ended on February 28, 2007 if by
March 1, 2007 she has not returned to work fulltime with an executed doctor's release without
restriction (or with reasonable accommodation, if applicable) to fully perform the duties of
Accounting Technician."
(Rosensteele, Tolson C -Un).
The Park Board next considered and approved the following motion placed into action by J Rosensteele:
"I move that the Director:
a. notify Diana Ray of the action taken by the Park Board; and
b. fill the position of Accounting Technician considered to be vacated by Diana Ray in the event that
she has not returned to work fulltime with an executed doctor's release without restriction (or with
reasonable accommodation, if applicable) for the position of Accounting Technician by March 1,
2007."
(Rosensteele, Tolson C -Un).
2. Finance Committee: Jim Engledow: No report.
3. Arts in the Parks Committee: Sue Dillon: No report.
4. Properties Committee: Sue Dillon: No report.
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February 15, 2007
5. Safety Committee: Joan B. Ketterman: No report. NOTE: With regard to a question concerning the safety
committee, D Grisham summarized that the By -Laws specifically provide an amendment procedure and
suggested that a better time to address changes resulting from a comprehensive review is likely to occur after
the Board work shop.
6. Central Park Process Management Committee: Mark Westermeier: Mark provided the following highlights
from the February 12, 2007 meeting:
• Exterior Signage: covered later on the agenda for action;
• Cafe: covered later on the agenda for action;
• Skate park gate: CWO approved;
• East Monon Center: north sidewalk CWO approved;
o Mostly down to punch list items;
o AT &T phone lines needed;
• West Monon Center:
o Locker room floors present an aesthetic issue which does not have a ready answer that keeps
the floor maintenance friendly and people friendly (original designed tile was value engineered
out, stained concrete with an epoxy that would be either too slick or too rough; All members were
asked to look at the location and keep ears open should users complain. M Westermeier reported
that the floor was acid washed and sealed. All is ready should the Board determine that it is the
appropriate to change the floor to tile.
• Additional Funds from meeting Substantial Completion may be available after contingency matters are
decided.
• Contractor pay dates resolved.
B. Special Committees
1. Encroachment Committee: Michael Klitzing: No report.
III. ACTION ITEMS
A. Minutes — Pattie Chester
January 9, 2007 Regular Park Board Meeting Minutes approved with corrected typo on X(A). (Chester,
Rosensteele as amended C -Un).
January 23, 2007 Regular Park Board Meeting Minutes approved as presented. (Chester, Dutcher C-
Un).
B. Financial Reports — Jim Engledow
1. Approval of the Financial Reports followed clarification that ESE payments from credit cards were not
reflected on the claims sheets and that fact coupled with the purchase of more food during the prior
month accounted for the closeness of the incoming monies and outgoing monies. (Engledow,
Rosensteele, C -Un).
2. Impact Fee Fund. D Dutcher asked for some discussion regarding the use of the funds and long term
planning.
C. Claims — Jim Engledow
1. Claim Sheet February 13, 2007 (Engledow, Tolson C -Un). Mr. Engledow clarified that the electric bill
labeled under Carey Grove should have been labeled as Monon flashing lights and that the Pedcor
building CAM charge represented multiple months. Pattie Chester agreed to drive past Carey Grove
to determine what lighting is out there.
2. Park Bond Claim Sheet February 13, 2007 (Engledow, Rosensteele C -Un).
D. Acceptance and or acknowledgment of Monies received — Audrey Kostrzewa. Audrey reported a gift of $100
from Sharon and Kingley Regnier for Park Maintenance and a $500 sponsorship from Will Wright Building
Corporation for Arbor Day. (Rosensteele, Tolson C -Un).
E. Resolution 2- 13 -07 -01 regarding amendment of the By -Laws. The Park Board unanimously agreed to waive
the reading of the resolution (Tolson, Dutcher C -Un). After D Grisham explained the By -Law amendment
procedure, the Park Board unanimously approved the Resolution which changed the By -Laws to require the
Board members to file Uniform Conflict of Interest Disclosure Statements only when required by law and not
annually regardless -when there is noof any known conflict. (Tolson, Dutcher C -Un).
F. Central Park Matters: Mark Westermeier and Michael Klitzing.
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February 15, 2007
1. Consideration of bids for the Outdoor Signage: Deb Grisham & Michael Klitzing; D Grisham
summarized that only 1 bidder (ASI- Modulex) submitted a bid in the amount of $336,008 on signage
originally budgeted at $210,564.00. Based on the advice of its consultants, and given the totality of
the circumstances {a) only one (1) bidder participated, b) the substantial discrepancy between the bid
and the budget is too large to absorb, and c) the need to move forward quickly as the opening date
approaches without harm or prejudice to any bidder }, the CPPMC voted unanimously to recommend
that the Park Board (a) Reject all bids pursuant to IC 36- 1- 12- 04(b)(8)(B); (b) Issue through
Addendum #3 to Bid Release 8, revised and reduced specifications to all bidders who requested
copies of the specifications and participated in the pre bid process; and (c) extend the bid receipt date
as recommended by the CM and Architect." (Rosensteele, Tolson, C -Un).
2. Consideration of Cafe Operations Model: Consideration of Resolution 2- 15 -07 -02 to amend the
Food and Beverage Policy. Michael Klitzing, Mark Westermeier & Deb Grisham. M Klitzing
reported that the staff has worked in consultation with the Park Board's attorneys to investigate other
operating models for the cafe that would: 1) comply with State law, 2) not negatively impact the tax
exempt status of the Central Park Bond, and 3) not require the Department to directly manage and
operate the cafe. He explained that the investigation revealed the following:
• It is feasible to solicit a third -party vendor to manage the cafe and concessions under a qualified
management agreement, as defined by the Internal Revenue Service, without negatively
impacting the tax exempt status of the bond.
• It is feasible under Indiana law to simultaneously solicit a third -party vendor in conjunction with
the management agreement to provide all supplies necessary to operate the cafe and
concessions.
• It is unlikely a proposal would be submitted in response to an RFP that only included the cafe.
Soliciting for the management of the Monon Center's cafe and concessions (both indoor and
outdoor) will significantly increase the probability of the Board receiving at least one proposal for
consideration.
• It is permissible under Federal law for the Board to be paid a percentage of gross sales by a third -
party vendor managing the cafe and concessions, similar to the existing arrangement with the
exclusive caterer, without it impacting the tax exempt status of the bond. The Board could
potentially receive up to 30% of concessions gross sales and 5 -8% of cafe gross sales.
• Under a qualified management agreement, the cafe and concessions space would not be
considered a private -use under IRS regulations, and as such, would not potentially impact the tax
exempt status of the bond. For this reason, it is no longer necessary for the Board to have a
policy prohibiting the exclusive caterer and cafe operator from being the same party.
Much discussion followed. Based on P Chester's question about alcohol service in light of the
anticipated heavy use of the gymnasiums by adult basketball leagues, Michael confirmed that the
Food and Beverage Policy leaves to the discretion of the Park Board the decision regarding alcohol
service at the cafe. He noted that the RFP will be written to prohibit alcohol for the first year of
operation after which it could be considered if the provider is interested in such service. The Board
unanimously voted to waive the reading of Resolution 2- 15 -07 -02 (Tolson, Rosensteele, C -Un).
Discussion next focused on appreciation for a resolution that met the Board 's directives, the RFP
process with notice to be published in the newspapers on Friday, February 23rd and Friday, March 2,
2007 after which there will be receipt, report and recommendation by the second meeting in March.
The Board unanimously approved Resolution 2- 15 -07 -02 (Tolson, Rosensteele C -Un).
3. CWO #203: contract increase in the amount of $56,371.00 for unsuitable soils removal; Mark
reported on the need to pay Mechanical Inc. for the removal of unsuitable soils from Central Park's
excavation. On Monday, January 29, 2007, the CPPMC voted to recommend to the Park Board an
increase in scope of the Mechanical Inc. contract to remove unsuitable soils from Central Park at a
cost of $56,371.00, an amount above the CPPMC authority limit. Mark reported that the soils referred
to came from pool excavations and confirmed that there was money in the budget for this work. It was
noted that together with this increase, the sum of all change orders attributed to the Mechanical Inc.
contract is within the percentage of change order increases allowed by applicable Indiana Law. The
Park voted unanimously to approve CWO #203 for an increase of $56,371.00 to the Mechanical Inc.
contract for the removal of unsuitable soils from Central Park and authorizes the President to execute
any and all reasonable documents, if any, necessary to effect such increase. (Rosensteele, Engledow
C -Un).
4. Other.
Water Pressure Issue.
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February 15, 2007
M Westermeier summarized the history of this matter and that after identification of a water pressure
issue in the pools in late October /November, he learned in January that the problem extended to the
building making it greater than originally presented which set in motion rather intensive fact finding
process: (a) The Carmel Water Utility conducted a study of the water tower water level which
reflected no significant water level changes and confirmed that there is no method in its current
system by which it can provide more pressure without significant cost; (b) the original design criteria
used by Schneider was validated; (c) no issues resulted from the fire water flow tests; (d) the good
news regarding the fire water test supports a decrease from the worst case resolution cost; (e) while
Carmel Utilities will be able to provide a loop system to increase water volume, such is not expected
to resolve the pressure problem; (f) checked back flow preventers for proper operation; (g) check
valves to confirm open; (h) check for air locks in the line (i) checked as- builts for water main elevation
changes to confirm that they were accounted for and (j) the un explained dramatic psi drop inside the
building. Mark confirmed that until the building plumbing system was operational, the problem was
not detectable. As of this week, the Architect is recommending the addition of three (3) booster pump
systems, the design for which Meridian has requested a fee. Based on the recommendation of the
Director, the Park Board considered and approved of the following two motions: (1) "I move that the
Park Board authorize the Park Department Director, the Park Board President, the Construction
Manager and the Park Board Attorney to take all action necessary and appropriate to arrange with
Williams Architects for the production of all necessary and appropriate architectural drawings required
to resolve the water pressure issues and in the event that Williams Architects takes the position that
an add services fee is in order, then to authorize payment therefore, subject to a reservation of rights
with such reservation noticed in writing to Williams Architects." (2) "I move that the Park Board
authorize the Park Department Director, the Park Board President, the Construction Manager and the
Park Board Attorney to take all action necessary and appropriate to arrange for the Work required by
the architectural drawings produced to resolve the water pressure issues in the Monon Center, at a
sum not to exceed $75,000 through the change order process with current contractors, all of which
must be within the allowable change order limits of each such contractor's contract as dictated by
applicable Indiana law." (Rosensteele, Ketterman (C -Un).
J. Purchase of mulch for park system in an amount not to exceed $10,178.15. Based on the Park
Board's quote process, the Park Board approved the purchase of mulch from Musselman Farms in an amount not
to exceed $10,178.15 for use throughout the park system during 2007, some of which is suitable for playground
use. (Tolson, Chester, C -Un).
Attorney's Report
A. Tort Claims; None filed.
B. General.
Deb reported that CCPR received a notice from the Fishers Board of Zoning Appeals that Conner Prairie
was requesting additional outdoor signage. The Board expressed no concerns regarding such.
II. Director's Report
Founders Park. Mark presented one overall design with three (3) building elevation choices which could be
built nearer to the natural area and closer to the active fields resulting from soils studies, the water fluctuation
levels and the meeting of the initial steering committee. While Schneider has determined that there is not enough
room for a sled hill, it has suggested a natural -type playground design and the maintenance of gravel access to
the existing wellhead. Mark explained that consultation with the City's water utility is needed to understand the
reality of what has been reported as a 10' water fluctuation which could affect trail development. Questions about
the access and the intended use (lacrosse and rugby fields which are a spring use) and an underlying concern
that is soccer is another intended use, it would require irrigation which is not what the Park Board intended to
include in the development. Mark expressed his intention to talk to the Dad's Club to discuss how the fields will
be best utilized by the community. He next suggested that the Park Board consider COIT fund use to build more
than an open, modest, low maintenance shelter for year -round use for which a proforma could be developed for
small gatherings. With a similar use like this at West Park, the park system would be balanced. Mark had
suggested that the kitchen be downsized, with a restroom accessible from inside and outside with a small office.
Sue expressed concern about the lack of picnic tables for general public use, the lack of bathroom facilities for
the sports users and opined that what was presented here was not what she understood the committee to have
endorsed and while the committee confirmed use, expressed the desire to review this development internally. D
Dutcher suggested a hybrid to address both concerns which Mark confirmed was already discussed and
discounted. J Engledow recalled that the open building was changed to a closed facility in the committee
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Park Board Meeting Minutes
February 15, 2007
process. P Chester and J Ketterman suggested that picnic tables could be placed in the park regardless of the
proximity to the shelter. Pattie asked Mark about the need for the type of year round shelter and whether adding
this facility was too much for operations. While Mark said that he did not know about a need but that the addition
of another facility was fine with him. J Engledow expressed his view that the input that would be available
through the strategic master plan is critical. Mark explained that the stage of design is Design Development
which design was based on input from the last committee meeting. Mark will talk to J Duffy, work with a
committee to review the input and Master Plan elements and report to the Board. He confirmed that Schneider
can proceed with DD and just put a footprint in for the shelter until that element is resolved. The consensus was
that the plan was fine except for the type of building.
Hazel Landing: Mark summarized the meeting with people knowledge about equestrian needs and Craig
Flandermeyer of Schmidt Associates to address use. Nearby blasting operations, police pistol range and lack of
sufficient acreage (100 -120 desired acre size) topped the list of reasons that the equestrian use was not now
being recommended by staff though Mr. Flandermeyer expressed confidence to Mark after the meeting that such
concerns could be overcome. He is waiting for an official report from Mr. Flandermeyer. Mark expressed his
opinion that trails and shelters may provide the community with the best use, J Rosensteefe raised the Frisbee
golf possibility and P Chester recognized the inability to develop a dog park there due to the DNR fence
prohibition. Mark next reported that he had met with a Hamilton County Leadership Academy committee and a
Board member of Conner Prairie regarding a cooperative effort to expand a white river trail system from 96th
Street northward. He noted that he will meet with Town of Fishers officials about a link between Hazel Landing
Park and Fisher's Heritage Park.
West Park:
Restroom construction: The work will start in the next few weeks with finish expected to occur around May 1st
though the shelter lights may be delayed.
CeII Tower. Mark reported that he had recently heard from Nextel about a renewed interest in pursuing the cell
tower and is waiting for them to deliver more information. He confirmed that prior exploration of consolidating the
restroom building with the cell tower needs proved unworkable.
III. Discussion Items
Gym Use. S Dillon asked about the adult league use of the gyms at the Monon Center. M Klitzing explained
that CCPR will create leagues and program the play times. Mark explained that youth leagues are not
anticipated due to the understood Board directive not to compete against the Dad's Club. Mark confirmed that
one gym would be available for use by child members during unscheduled league time. Sue expressed concern
that gyms be available for use by all children of the community to which J Ketterman and J Engledow reminded
the Board about scholarships for those who could not afford the fee.
IV. Information Items
A. Plan Commission Report - Sally Shapiro (no report.)
B. School Board Report — Joe Miller (no report.)
V. Board Comments
Pattie Chester expressed her support of the inviting CPAC members for a tour.
Joan Ketterman asked whether there will be a couple of dry runs to use the facility to which Mark & Michael
expressed regret that the reality of the shortness of time was not going to allow such.
VI. ADJOURNMENT
A motion was made to adjourn at approximately 8 :50 p.m. (Ketterman, Dutcher C -Un).
Signature: /0t-& Cf ' l
Date: -31)3/r)-1 Q n
Signature: /J�.� 1 n �1iY.4
Date: 3 —19, --0 7
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