Zionsville Board of Park and Recreation

Summary Minutes of the Meeting of the Zionsville Board of Park and Recreation March 9, 2011 The Zionsville Board of Park and Recreation met Wednesday, March 9, 2011; at7:00 PM. Board Members Ellen Butz, Steve Mueller, Scott Bruns, and Neil Clements were present. Phil Howard was absent. Roger Burrus, Board Counsel and Matt Dickey, Superintendent were also present. Minutes Scott Bruns made a motion to approve the February 2011 regular board minutes as presented. Neal Clements seconded and the motion passed unanimously. Public Comments/Presentations Lt. Steve Gilliam, an EMS lieutenant for Zionsville fire was present to make a request to help purchase a specialized rescue vehicle. Lt. Gilliam and the Fire Department have been working toward acquiring the vehicle to help EMS personnel get into more remote areas. Lt. Gilliam is requesting $10,000 from the Parks Department to help with the purchase. The Volunteer Fire Department has put in $35,000. Board members had a few questions about the life expectancy of the vehicle, whether it could be driven through on trails and through mud, and if this vehicle could be purchased without parks support. Lt. Gilliam responded that fire department mechanics should be able to get at least 15-20 years out of the support vehicle. He also noted that the vehicle could be driven on the street without a trailer, on the majority of park trails, and through less than perfect surface conditions. He also stated the Fire Department may not be able to purchase the vehicle this year without Park Department support, but that they would look at all options to do so. Ellen noted there is difficulty finding $10,000 in the general fund to help. She noted the Board might need to get an additional appropriation through Town Council. The Non- Reverting Capital Fund may be another option. In either of those two latter methods, a request to Town Council will need to be made before our portion of the expenditure can be handled. Steve Mueller made a motion to approve the contribution to the purchase, and if necessary, ask the Town Council to make either a special appropriation or to amend the Town’s Non-Reverting Capital fund ordinance to allow future purchases of this amount. Scott Bruns seconded. The motion passed unanimously. 1 Staff Reports The reports from the Superintendent of Parks & Recreation, the Assistant Superintendent for Maintenance Services, and the Naturalist were all part of the Park Board packet and available for review. Due to the fullness of the agenda, Matt Dickey stated that unless Park Board Members had specific questions/issues, he would forgo verbal highlighting of his portion of the Staff Reports. In the Park Board Attorney section of the reports, Mr. Roger Burrus stated he had been discussions on the easement on the EBO property. He distributed draft documents earlier to Park Board members. He reminded the Park Board that at the start of the process, per required ordinance, the Town Council approved the request for use of eminent domain for this parcel. Just recently the property owners have engaged an attorney…. so Roger's later communications are required through that person. While Roger doesn't expect it, if the property owners, through their attorney, submits any counter offers, any significant changes would be brought back for approval. The monetary amount remains within the previously discussed ranges. And if the property offer is accepted early enough in the process the Park Board would not have to incur the cost of appraisals (as they would if the eminent domain process follows through to completion. Scott Bruns Made a motion to adopt Resolution 2001-1 to purchase EBO property. Neal Clements seconded and the motion passed unanimously. Steve Mueller asked how soon the entire trail would be open. It was mentioned there are still design and engineering challenges to be surmounted before any construction can occur. Mr. Dickey noted this project was identified in the Park Board's Oct 2010 strategic plan process (Note: where it is listed as a priority of number 6 of 9, so likely being initiated within 2-3 years). Mr. Mueller stated he would like a plan of action for completion. Ellen indicated while this project was farther down the strategic list and not yet ready for a full plan of action, perhaps the next step of identifying the challenges/tasks should be initiated now that the project has moved up on the radar screen. Roger Burrus mentioned that while not the Park Board's responsibility, not all of the possible legal issues have been settled regarding the failed, former partnership between the Canterbury Stables and the Watershed Grants Funding Entities and projects and this may well significantly impair impact the trail route. It was left that Mr. Burrus will prepare an assessment of the legal challenges tasks and Mr. Dickey will walk the site again after this more recent flood and identify how the technical challenges may, or may not, have changed from his last visit. Roger Burrus, Attorney reported that the Mulberry Fields' final payment application for Teton Corporation, the landscaping subcontractor, has been approved by the Construction Manager, Mattcon, and the Architect, Ratio, in the amount of $31,555.30. He offered the following synopsis... Under the Park Board contract with Teton and per Indiana statutes, the Park Board must wait 60 days from the date of last labor performed to make final payment. This allows time for any subcontractor or material suppliers to file claims for unpaid services or materials. According to the Architect, January 12, 2011 was the last 2 day of labor on the site; therefore March 14, 2011 is the earliest day in which payment can be made. On December 31, 2009, Spence Restoration Nursery, Inc. notified the Park Board, through its superintendent, that it was asserting a claim against Enviroscape, Inc., a subcontractor of Teton Corporation, for $22,654.30 plus finance charges, for materials supplied to Enviroscape Inc. for the Mulberry Fields project. Spence subsequently provided a copy of a Judgment rendered by the Boone County Superior Court No. 1 against Bruns Lawnscape, Inc., d/b/a Enviroscape in the amount of $25,812.97, plus court costs and interest. Roger Burrus has received email correspondence indicating that Enviroscape and Spence appear to have agreed that $26,828.01 is the amount owed by Enviroscape to Spence, but that Enviroscape and Spence have been unable to agree on how that Spence portion of the payment is to be made, either by Teton to Spence Nursery or the Park Board direct to Spence. The Park Board must first wait until March 14, 2011, to see if any other claims are filed, then, payment is dependent upon Teton and Spence agreeing on how Spence will be paid. It was moved by Neal Clements, seconded by Scott Bruns, and carried by a vote of 4 in favor and none against, that the Park Board make final payment to Teton in the amount of $31,555.30, subject to final determination of the claim of Spence Restoration Nursery, Inc., and any other valid claims that may be filed on or before March 14, 2011, and that the Superintendent, Matt Dickey, be authorized to submit the claim therefore to the Zionsville Clerk Treasurer, to be payable first to any valid but unpaid claims of subcontractors and/or material suppliers, if any, with the balance (or the entire amount if all subcontractors and material suppliers filing claims have released such claims), payable to Teton Corporation. New Business Scott Bruns updated the Board on the 201 Recreation Grant program. Scott gave a brief overview of the committee session, and thanked them for their hard work. He introduced Steve Bullington, a member of the committee itself, who presented the results. Mr. Bullington noted there were nine total applications received and the committee first set some parameters for funding: The grant had to have a Zionsville focus; it must enhance or expand programs; the grant may be used for hard capital purchases; and the committee considered it's opinion on the estimated number of community members impacted. The committee is recommending four (4) grant requests for funding: 1. The Boys and Girls Club requested $1,200 to construct a T-ball diamond at their west location. The committee is recommending $1,000, which covers all the capital items. 2. The Sullivan-Munce summer arts program requested $5,000. The committee recommends that $1,000 be awarded and be directed toward grants for students to attend the program. The committee further recommended that the grant go to students who are 3 on the Federal Lunch Program at school and also stipulated that there should be a limit of one grant per family. 3. The Lions Club requested three items for a total of, and the committee is recommending a grant of $1,250 for one of the items, a new permanent picnic table structure to be placed at the top of the hill on the Elm Street brick plaza. 4. Zionsville Rugby requested $2,000 for preparation and maintenance of the sports fields at Mulberry Fields Park. The committee recommends this request be funded. The entire amount in the recreation budget line-item was not awarded. The committee thought they should reserve some funds for other potential Park Department recreation needs yet this year or in case the Park Board moves into another grant round. Ellen asked Roger Burrus if she should excuse herself from voting since she’s an honorary member of Sullivan-Munce Board. Mr. Burrus said since she is an honorary member and therefore non-voting at the museum, it shouldn’t be an issue. When directly asked, none of the Park Board members expressed concern with Mrs. Butz voting. Ellen also thanked Scott and the committee for a challenging job well done. Neal Clements made a motion to approve all four (4) grant requests as presented and contingent on all necessary paperwork being completed. Steven Mueller seconded and the motion passed unanimously. Ellen asked Steve Mueller of the Communications Advisory Committee, if an announcement will be placed in the paper. Ellen Butz reported on the Park Board’s rental policies. She noted she had previously distributed a copy of her advisory committee’s recommendation. The committee has reviewed what they are currently charging and what other area parks charge for their shelter rental and how that is accomplished. The Advisory Committee recommended charging a tiered resident and non-resident fee. The committee further suggests making available: reservation of the gazebo at Lincoln Park; at Mulberry Fields allow reservation of the two shelters with the grills; at Elm Street Green rent the upper and lower shelters; and rent the park shelter at the Town Hall Park. Once formally adopted and structured, this information should be posted on the web site. Ellen noted Matt has some concerns with managing the tiered rental system and potential verification of residency. Subsequently, it was defined to him that residency, from the department management point of view, would be on the honor system from the renter and if violations became known it could result in termination of future renting privileges. Such a violation/penalty statement could go on the new reservation document. Another potential point brought up in the discussion was the rental amount may be too low for some of the shelters in comparison to the shelter at Lions Park and the shelter charges among other of our neighboring systems. This comment mainly pertained to the Gazebo at Lincoln Park and the upper shelter at Elm Street Green (with the potential of 4 larger number of wedding guests than picnickers) and the two shelters at Mulberry Fields. No one mentioned a thought that the Town Hall shelter is too low. Ms. Butz noted there are some fine-detail particulars to be worked out… for example, what level of detail of this information to be posted on the web, can people reserve via the web or by phone, how to advertise, and dates the shelters might be reserved (or blocked) seasonally. Mr. Dickey reminded the Park Board that currently the Clerk Treasurer's Office does not accept any form of electronic payment (our programs, utility payments, etc). Ellen asked for Board Member feedback prior to making a decision. Ellen Butz next reported on the way-finding/safety project for the Rail Trail and Starkey Park. She noted the RLR proposal has been distributed to board members. The Town Council gave the Parks Board $25,000 for this project. Mr. Dickey noted he had called references for RLR and got all positive feedback. This assessment design process should take 2-3 months to complete. The final product of this planning and design process would be a set of technical specs ready for inclusion into a bid packet. Any cost per sign will depend on the ultimate sign design/size that occurs upon later quoting (RLR is independent and will not bid on sign fabrication). It was mentioned it is important to get the way-finding and safety signage completed first and, if money remains, to complete the interpretive signs. Steve Mueller endorsed the importance of getting the details right and having a sign system and felt that RLR had a good proposal so that the final product will be good for the next 20 years. Steve Mueller made a motion to approve the cost for RLR’s signage design as based in the proposal and to have the Board President or Superintendent sign the formal documents. Neal Clements seconded and the motion passed unanimously. Old Business: Roger Burrus questioned whether all advisory subcommittee members were formally appointed at the beginning of the (2011) year. He suggested the members be listed and appointed at this meeting. He let the board members know he could give them the authorization establishing the subcommittees if desired. The Subcommittees and their membership were read aloud by each Board Member (a copy of which is to be considered attached to these minutes documents). Steve Mueller made a motion to approve all advisory subcommittee appointments. Scott Bruns seconded and the motion passed unanimously. Scott Bruns submitted the revised ZSA agreement. Roger Burrus has received a copy of the changes for review. For the Board’s information, Scott discussed the proposed changes for 2011. First, the dates have been updated. Second, the usage schedule will need to be updated. Third, the agreement will be updated annually (not every six months). Fourth, the schedule will be posted on the town park website (when the new web site is authorized for data entry). Fifth, the field usage policy will reflect the possibility of tournament usage, but the tournaments must be approved by the Board at least 60 days prior to the event and will 5 need to also satisfy any Town of Zionsville’s requirements (e.g. Public Event Forms, etc). Sixth, park hours will be as posted on the parks. Mr. Bruns noted there is ongoing discussion as to what, if any capital improvements may be implemented by the Park Board and which organization (Zionsville Parks, ZSA, or other) might shoulder what portions for any specific improvements. Mr. Mueller asked for clarification of the statement regarding the Parks Superintendent having authority to make determination regarding field capacity. It was explained this statement gives the Superintendent the ability to limit play that he believes might overtax the field, and to have the authority to determine whether a particular field use is appropriate. For example, ZSA team practices are not permitted on the fields. Mr. Burrus suggested adding a statement that ZSA would need to submit their proposed schedule to the Parks Superintendent for approval and not necessarily need to come to the full Board for approval. He also wanted to note the field usage policy is a separate document and can be amended as needed independent of any discussion with ZSA. It was included as an attachment to the original ZSA contract document as an example exhibit. Mr. Burrus will incorporate any changes into the final document for Board approval. Strategic Citizen Advisory Committee Reports: Land Resources – Phil Howard. No report. Funding – Neal Clements. Neal stated he and Matt continue to working on a potential RTP grant application, due May 1st. The thought is to have an extension of Turkey Foot Trail and include a canoe launch. The grant program is a reimbursement of 80 % of project costs up to $150,000. So if a grant application was awarded, to "earn" the maximum grant reimbursement amount of $150,000 would take a commitment of a minimum of $37,500. Steve Mueller stated he would like to see the engineering on a proposed trail grant first. He further stated he would like to have a public input meeting on this potential project before deciding whether to move forward on a grant application. He would also mentioned he preferred to consider how this might impact the entire capital improvement plan before committing to this project. Ellen Butz stated she was torn and hated to leave such a significant grant source "on the table" but on the other side of the discussion, her personal thoughts were there have been quite a number of exciting items and improvements going on in the department these past few years and in these next few upcoming years as well. She expressed some concern about possibly denaturing those efforts. She asked Mr. Dickey how this grant's timeline would compare to an LWCF grant's timeline. He answered the RTP is a different pot of Federal moneys and the (administering ) DNR is used to RTP projects being spread longer out by the Feds (often over 5 or more years). When discussion turned to possible downsides of not applying this year, two that occurred as thoughts were that the availability of this parcel might disappear (subsequent aside: probably unlikely) and that the grant would no longer be a funded program (subsequent aside: certainly possible in this Federal Climate). While the Park Board did not specifically take action endorsing any of the various comments as requirements for moving forward on this or future grants, these comments did engender Board discussion. After that discussion while no formal motions either for or against were made, it was clear the consensus of the Board Members present was to table this item and not submit an application for this year. 6 Public Communications – Steve Mueller. This committee is working on a draft of Park/Pathway Connections Map, which should be available for Board review at the April meeting. Steve complimented the papers on getting all parks advertising out in a timely fashion. This really helps get the word out on park projects and volunteer opportunities. April 9th, 16th, 30th, and May 7th have been advertised for upcoming garlic mustard pulls. Recreation –Scott Bruns. These items were discussed earlier in the meeting. Facilities Planning – Ellen Butz. These items were discussed earlier in the meeting. Other Board Related Items Ellen asked if there is interest from Board members to meet at sites like the nature center or golf course. This has been done in past years and Matt wants to know so he can get some dates scheduled. No one expressed an interest in meeting off site. Ellen also commented on the success of the recent Zion Nature Center fund raising program held at the Town Hall building. Both she and Superintendent Dickey attended with their spouses. Steve Mueller, who had been in present as an event volunteer, commented about 500 folks were in attendance and a good time was had by all. Roger mentioned the Midland Trace Trail project. There has been some activity on this and noted that he had been asked to confirm if some unsold (at tax sale) parcels could be transferred from Boone County Commissioners to Zionsville Parks. He stated that while a couple of options appear to exist, it might be easier to transfer property to Friends of Boone County Trails and later to our department. There is an upcoming public hearing about this item at the Commission’s regular April 18th meeting, beginning at 9AM. Claims Neal Clements made a motion to approve the claims. Steve Mueller seconded and passage was unanimous. Steve Mueller made a motion to adjourn. Neal Clements seconded and passage was unanimous. The meeting was then adjourned. ______________________________ ____________________________ Scott Bruns, Secretary Ellen Butz, President 7