Board of Park Commissioners

City of Hobart Board of Park Commissioners Minutes August 14th, 2017 Call to Order: Mr. Allen called the regular meeting to order, followed by the Pledge of Allegiance. Ms. Mandon took roll call and the following Commissioners were present: Mr. Allen, Mr. Wengel, Mrs. Sills, and Mrs. Galka. Also present were Councilman Herzog, City Attorney Mr. DeBonis, Park Board Secretary Ms. Mandon and Park Superintendent Mr. Mitchell. The School Board representative Mr. Rogers was not in attendance. Approval of Agenda: Mrs. Sills made a motion to accept the agenda as presented, seconded by Mrs. Galka. All aye, motion carried. (4-0) Approval of Minutes: Mr. Allen said that there are two sets of minutes for approval this month. He pointed out that on the July 10th regular meeting minutes under register of claims, it said Mr. Wengel questioned Evans Tree Service, then said some discussion ensued. The discussion was that that item was removed from the register of claims because it was found to be a duplicate. Mr. Allen pointed out that under council report where Mr. Herzog mentioned Robinson Lake and swimming, a comment attributed to Mr. Allen in regard to funding issues that caused closing. Mr. Allen believes that it is important that it be known that was not his comment, it was from him reading the Park Maser Plan they were currently working under. Mrs. Galka made a motion to approve the July 10th minutes, seconded by Mr. Wengel. All aye, motion carried. (4-0) Mr. Allen pointed out that on the July 24th meeting minutes, there is a statement attributed to him that is not correct. It says Mr. Allen said OSHA should be consulted in regards to the 42” safety fence. Mr. Allen said that was not correct, Mr. Schwuchow mentioned that it was OSHA. In Mr. Allen’s comments when he concluded was that that was interesting OSHA requires 42” safety fence. Mr. Allen also pointed out that where it mentions Mrs. Springer addressing the board in regards to using the wall as comfort and reassurance, the word wall should be stricken and the word rail should be put in its place. Mr. Allen also pointed out that in that same paragraph where it says some discussion ensued, he thinks that it is important that Mr. Stuart Allen based on his experience with the National Guard, that if a wall is built and it does experience flooding, the wall will not hold, that it would fall, fall to the pressure of the water. Mrs. Sills said she does not understand what he is talking about. Mr. Allen said that last meeting Mr. Stuart Allen stood and mentioned based on his experience of seeing flood waters, he has seen walls that just fall over. Based on his understanding of the drawing, the walls attached with pegs, that the wall will fail, the wall will fall over. Mrs. Sills asked isn’t that why we are paying someone for construction so that they know if it is being done right or not? Mrs. Galka said that Mr. Allen is reiterating that this is a correction to the minutes. Mrs. Galka made a motion to approve the July 24th meeting minutes as amended, seconded by Mr. Wengel. All aye, motion carried. (4-0) Approval of Register of Claims: Mrs. Sills asked about the purchase of oil pump, deck parts and tractor. Mr. Mitchell explained it was the purchase of the 2 new tractors. Mr. Wengel questioned the purchase of the Lakefront Festival beer. Mr. Mitchell explained that is what you pay upfront and what does not sell, we can sell back to Indiana Beverage. Mr. Wengel asked if there was any credit on this invoice yet of beer not used. Mr. Mitchell said the Lakefront Festival is this weekend coming up, it has not happened yet. Mrs. Galka asked what the regular revenue was for the Lakefront Festival Beer Garden and Mr. Mitchell said he does not know as this is the first time to do this. Mrs. Galka asked about the charge to Ellenberger for tree removal. Mr. Mitchell explained it was a huge, 80’ rotted tree that needed to be removed near the playground at Arbor Lane Park. Mr. Allen asked if only 1 tree cost that much to be removed and why there is no invoice number, and Mr. Mitchell said yes and there wasn’t an invoice number on the bill. Mr. Allen asked about the New Orleans trip airline reimbursement and hotel stay. Mr. Allen said the board should have been made aware for the potential for these charges. Mr. Mitchell said the board approved the conference two months ago. Mr. Allen said they approved the registration fee only. There was an invitation for all parties to make it clear that the registration was not the final expense. Mr. Allen asked about 1 of the 3 parties’ payment not coming out of Park Board and asked if that was reimbursed. Mrs. Lopez stated that the Mayor reimbursed the Parks Department for her portion. Mrs. Galka asked about the charge for Tradewinds signs, and Mr. Mitchell stated that yes, it was already paid last month so we will not pay it this month. Mr. Allen questioned who asked for the BF&S Festival Park Lakefront Access Inspection Services and Mr. Mitchell said that he did. That project is part of the grant, Ryan construction was doing the work and 3 or 4 minor things were caught by BF&S before they started, it has paid for itself already. Inspection service contracts with companies protect the city and are our representation. Mr. Allen said he respectfully disagrees with Mr. Mitchell. Mr. Allen believes that if we are hiring reputable firms, that are working under contract, we should not have to have things inspected. Mr. DeBonis stated that construction inspections are standard and required for Federal projects. This is the way we assure things are done safe and according to the contract that the taxpayers pay. Mr. Gralik said that we as a city do hire inspectors, the corrections caught more than pays for itself. There should be an inspecting company hired for the Lakefront Walkway Project. You want someone on site to see what is going on before things are buried or complete. Mr. Gralik said we as a community are having this type of problem right now from previous projects that were not inspected and done properly. Some discussion ensued. Mr. Wengel asked Mr. Allen what the objection was, the cost? Mr. Allen stated no, it was not necessary. Mr. Mitchell said that he is down on the project as much as he can, Mr. Allen said that is 1 person being paid already. Mr. Mitchell said he is the Park Superintendent not the engineer, Mr. Allen said that is correct, the engineer is another person on the city salary. Mr. Wengel said if there is no inspector, the city pays the consequences. He asked if there was a recourse that city can go back to the inspectors if there were mistakes found. Mr. Sills made a motion to accept the register of claims, seconded by Mr. Wengel. Mr. Allen voted nay, motion carried. (3-1) Mr. Allen had a question about one of the items on the Park Bond Claims list for engineering work by BF&S for the Lakefront Walkway project. Mr. Allen asked who ordered that, $34,000. Mr. Dammarell addressed the board in regards to the invoice and stated it was for a period of time for design and contract documents. Mr. Allen stated that the reason for concern is the date and following the meeting the board did not ask for any engineering to take place. If it is connected to that July 24th meeting, Mr. Allen is opposed to paying any part of it. Mr. Allen then looked at the invoice and stated that Mr. Dammarell is right, the invoice dates are for May 1st – June 30th. Mrs. Galka moved to approve the claims for the Park Bond Proceeds Claims List, seconded by Mr. Wengel. All aye, motion carried. (4-0) Correspondence: Mr. Allen said that each of the board members received a letter from Friends of Robinson Lake. It was in reference to the NIPSCO grant and the additional $1,600 was not spent. Mr. Allen said the letter stated that the $1,600 be forgiven by Friends of Robinson for the Parks Department. Mrs. Galka moved to extend our gratitude to the Friends of Robinson Lake for the $1,600 forgiven and the NIPSCO grant for $5,000, seconded by Mrs. Sills. All aye, motion carried. (4-0) Superintendent’s Report: Mr. Mitchell stated that the board was given a RFP for Playgrounds and it was suggested to bring in an ADA consultant. The city uses a company and they gave us an estimate of $49,400. The next topic is vandalism and the need for security cameras. We received 3 estimates and VST Security was the best for our situation at $7,777 for 7 cameras covering the Clocktower to the Bandshell. Then third topic is the Maintenance Shop Project tree removal by Evans Trees in order to construct the new building and parking lot. The next topic is the swimming pool fence replacement, Mr. Mitchell contacted 4 companies, only 2 responded with estimates. Wunder Fence was the lower estimate. The next item is Western Aquatics and the Splash Pad Project, there were issues with dewatering and ground water levels. The company had to go down 12 feet and they hit water at 6 feet. The contractor said he would split the cost with the city and our portion would be $14,000 so that would be a change order. The last thing on Mr. Mitchell’s list was the Lakefront Project BF&S contract not to succeed $55, 125. Some discussion ensued regarding each of the topics. Plan Commission Report: Mrs. Galka stated it was a slow month and she had nothing to report. Council Report: Mr. Herzog stated that at the July 19th meeting, the Council adopted a resolution to define the nature marsh plan areas and all of that to be called the Hobart Nature District now. School Board Report: Mr. Rogers was not in attendance. Old Business: The playground RFP is not ready and it will be tabled until next month. The board received the Memorandum of the Executive Session from the Clerk-Treasurer and Mr. Allen read it aloud. Mrs. Galka made a motion to approve, seconded by Mrs. Sills. All aye, motion carried. (4-0) Mr. DeBonis prepared explained the 2 documents for the Adopting a Policy Governing Expenditures for Goods and Services. It was modeled after the Sanitary District policy years ago. Mr. Allen said it seems to be all inclusive and can be amended by the board. Mrs. Galka moves to approve the Resolution 2017-09, seconded by Mr. Wengel. All aye, motion carried. (4-0) Mr. Mitchell said that he needs motions on the six topics that he discussed in his report. Mrs. Galka made a motion to table the ADA consultant topic until the number of parks is corrected and cost should change, seconded by Mr. Wengel. All aye, motion carried. (4-0) Mr. DeBonis said the engineering services for inspection with BF&S is a not to exceed amount contract. Mr. Dammarell explained the services. Mr. Allen asked what other entities already exist in the city that have an obligation to do the exact same things, pay attention to and inspect construction at this scale. Mr. Gralik answered that there are not any city staff members that have the responsibility to perform these exact services on projects like this. Some discussion ensued. Mr. Allen asked for a motion to proceed with the contracts for Western Aquatic Construction, the fencing at the pool, security camera system, and the Evans Tree removal for the maintenance building project. Mrs. Galka made the motion, seconded by Mrs. Sills. All aye, motion carried. (4-0) The final not to exceed agreement is with BF&S inspection services. Mrs. Galka made a motion to approve the agreement, seconded by Mr. Wengel. Motion carried. (3-1 and Mr. Allen voted nay) Lakefront walkway project had an amendment with reconsideration of the wall portion of the project. Mr. Dammarell handed out 4 different options for the wall portion of the project. Some discussion ensued regarding the ability of the wall. Mrs. Longer addressed the board in regards to the insurance company stating their opinion with the wall being their choice option with liability. They did not have any concerns with people’s safety and the lower wall, they said look at Chicago’s shoreline. Mr. Allen reminded the board that it is still a public safety concern, not just flooding. Mr. Allen’s opinion is that option one with the 14” fence on top of the wall is even worse than just the wall. Mr. Allen stated that the brick piers are also a mistake, this is just an invitation to walk and stand on. Mr. DeBonis stated that there is a law in the State of Indiana that grants to local governments immunity from liability for discretionary acts. This means that you enjoy a protection against being held liable for making a design decision, even if it turns out to not be the best decision. The law will deny anyone the right to collect because the government has finite resources. Mr. DeBonis stated that there is not a lot we can do to stop someone from climbing on the wall and breaking something, he is more concerned with how many years of good service the option will give the city. Mr. Allen used some of what Mr. DeBonis stated to argue in favor of option 3 which is just the aluminum railing. Some discussion ensued. Mr. Wengel said the fence alone would not help in flooding situations, Mr. Allen said the flooding should not be the main focus. Mrs. Sills said she disagrees, flooding is a huge issue and needs to be addressed. Mr. Allen said if the old fence would have been properly maintained, it would still be useable. Mrs. Galka discussed sand bag procedures. Mr. Gralik expressed his opinion and asked the board to think about what they want the lake to be used for. We are installing kayak launches, rebuilding bridge to allow boat access, fishing etc. A 42” barrier from someone who is in the water makes things much more difficult. Mrs. Sills said that she likes option one with the rail on top of the wall. Mrs. Galka said she was leaning in favor of option one but she now does not think we need to go to the expense of the wall, she likes the way the lake looks now with the fence. Some more discussion ensued. Mrs. Sills made a motion for option number 1 with the concrete wall and 14” railing on top, seconded by Mr. Wengel. There was a tie, 2-2 with Mrs. Sills and Mr. Wengel voting aye, Mrs. Galka and Mr. Allen voting nay. Indiana code states that the Executive Officer of the city is to break the tie, which is Mayor Snedecor. The Mayor addressed the board. He commended the board for wanting to be financially accountable to the public. Referring to the inspection services, The Mayor questioned them in the past as well. The damn project and 61st Ave Project are good examples of problems that would have occurred if we did not have inspection services on site. The Mayor struggled with the wall idea at first too but he then heard 28” tall. When the Mayor heard from all of the professionals and people discussing the topics at hand, he feels comfortable with option number 1 with the fence on top of the wall. The Mayor is looking at it with some flood control and long term. He was one of the people sandbagging the old police building. The Mayor discussed the encouragement to downtown business and telling them to incorporate the lakefront into design and way of thinking. The Mayor said that we tell our business we want them to invest in our lakefront, we need to take our investment into the lakefront seriously. Motion carried for option 1 on the Lakefront Walkway Project, with The Mayor’s vote aye. (3-2) Mr. DeBonis created a second draft for the Resolution 2017-08 and he encourages the board to sign the new draft. Mr. DeBonis asked for it to clarify the record that the board did award the contract and ordered for the delay to consider the issue, and all of this will be subject to the contract provisions governing alterations and change orders. Mr. Allen said no action needed. New Business: Mr. Gralik addressed the board in regard to the dumpster enclosure at 200 Main St. He is looking for permission for a location on park property. Mrs. Sills made a motion to approve location, seconded by Mrs. Galka. All aye, motion carried. (4-0) Mr. Gralik addressed the board in regards to the Kayak/Canoe Launch Project at the Rugby field. Sanitary Board received a grant for this and they are asking the Parks to take over the maintenance and upkeep. It is not a Stormwater asset, it is recreational on parks property. They will continue to upkeep the rest of the project for the grant duration of 20 years. Mrs. Galka asked if the new cameras will help the issue of vandalism on that side, Mr. Mitchell said not this installation but we can add cameras. Mr. Wengel asked what type of maintenance, Mr. Gralik said weeding and keeping it clean basically for 20 years of the grant. Mrs. Sills made a motion to take over the responsibility of the kayak/canoe launch at rugby field, seconded by Mrs. Galka. All aye, motion carried. (4-0) Mrs. Fugate was not in attendance. Mrs. Lopez addressed the board on the HydroBikes vendor having permission to set up at the lakefront. Guidelines would be set in place and rates for a day would be decided. Mrs. Sills made a motion to allow permission to pursue the HydroBikes on the lakefront, seconded by Mr. Wengel. Mr. Allen said no action was necessary at the time so the motions are taken back. Mr. Brown addressed the board for permission to host a flag football adult league on Saturdays and Sundays down at Brickie Bowl. Mr. Brown did bring insurance and wants a start date of September 5th. Mr. Brown said it will bring a huge crowd to the City of Hobart and Mr. Allen said it is a great use of Brickie Bowl. Mr. DeBonis asked if the Parks Department even has jurisdiction of Brickie Bowl. The Mayor stated that technically the public works does but the Parks Department has been given the task to identify what activities occur there. Mr. DeBonis said an ordinance should be prepared for the Council granting jurisdiction to both entities. We would also need a contract between the entity using Brickie Bowl and the city. Some discussion ensued. The Mayor asked to have this run by Events until such agreement is completed. McShane’s printer copier lease renewal, Mr. Mitchell stated that the 3 year lease was up and we can get a new machine now for $5 less a month. Mr. Wengel made a motion to approve the new McShane’s lease agreement, seconded by Mrs. Galka. All aye, motion carried. (4-0) The next two agenda items were already discussed. Announcements: Mr. Kingsland addressed the board in regards to the Green Infrastructure Project and gave an update for the parks locations. The project contract will be awarded next week. Mr. Krebes addressed the board in regards to Friends of Robinson Lake. He gave an update report on the NWI Paddlers event. It was very successful and drew a lot of people to the lake. Mr. DeBonis stated that he will look into the proper wording on the signage for swimming in Robinson Lake. Mr. Zorn addressed the board in regards to a Coastal Grant opportunity to improve the shoreline at Robinson Lake. They believe the cost would be about $120,000 for 1700 feet and the Coastal Grant would pay half. Some discussion ensued. Mr. Mitchell stated that the issue would be the $60,000 match portion. Mr. Allen said that he believes we have the match money but that would entail Mr. DeBonis doing little extra work for on the bond. It was then stated that there must be proof of match funding at the time of grant application. Mr. Schwuchow addressed the board thanking them for retaining the 42” height, it was very special to him. He wanted to compliment Mr. Mitchell on the sidewalks by Lakefront Park but wanted to point out that there was a dangerous step area. Mr. Mitchell already called the inspector and it was fixed. Mr. Allen asked about an external report on natural condition of Fred Rose Park, and we now have someone on staff that can do that internally. Mr. Allen asked if Mrs. Goodpaster could prepare something to inform the board of the natural conditions of Fred Rose, if that is something in her job description and expertise. Mrs. Goodpaster asked what exactly he was looking for and Mr. Allen said as she understands with her expertise on what a natural area is, report on the status of the flora and fauna there. Mr. Allen said that Mrs. Goodpaster can use Mrs. O’Brien as a resource. Adjournment: Mrs. Sills made a motion to adjourn, seconded by Mrs. Galka. All aye, motion carried. (4-0) ________________________________________ ________________________________________ ________________________________________ ________________________________________