minutes of the board of park commissioners of the cleveland

JANUARY 12, 2012
73613
MINUTES OF THE
BOARD OF PARK COMMISSIONERS
OF THE
CLEVELAND METROPOLITAN PARK DISTRICT
JANUARY 12, 2012
The Board of Park Commissioners met on this date, Thursday, January 12, 2012, 9:12 a.m., at the Board’s
office, 4101 Fulton Parkway, Cleveland, Ohio.
The roll call showed Bruce Rinker and Dan Moore to be present. It was determined there was a quorum.
Executive Director-Secretary Brian M. Zimmerman, Treasurer David J. Kuntz, Law Director Rose M.
Fini, and Jeffrey R. Appelbaum, Counsel, Thompson Hine LLP, were also in attendance.
JUDGMENT ENTRY FROM CUYAHOGA COUNTY PROBATE COURT APPOINTING
DEBRA K. BERRY AS A MEMBER OF THE BOARD OF PARK COMMISSIONERS FOR THE
TERM BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2014.
Presiding Probate Court Judge Anthony J. Russo administered the Oath of Office to Debra K. Berry as a
member of the Board of Park Commissioners of the Cleveland Metropolitan Park District for the full term
of three years, beginning January 1, 2012 and ending December 31, 2014.
A copy of the Journal Entry, Doc. 128, Case No. 89032, is reflected on pages 73627 to 73631. The bond,
in the amount of Five Thousand Dollars ($5,000.00), written by the Western Surety Company, and the
Journal Entry, were filed with and approved by the Auditor of Cuyahoga County, in accordance with the
requirements of the law, as shown on pages 73632 to 73633.
Debra K. Berry took the Oath of Office, thereby becoming a qualified member of the Board.
No. 12-01-002:
It was moved by Dan T. Moore, seconded by Debra K. Berry and carried, to
nominate Bruce G. Rinker as President of the Board for 2012, and further, to
nominate Dan T. Moore and Debra K. Berry as Vice Presidents of the Board for
2012.
Vote on the motion was as follows:
Ayes: Ms. Berry, Messrs. Moore and Rinker.
Nays: None.
JANUARY 12, 2012
73614
ORGANIZATION OF THE BOARD.
Commissioner Rinker explained that for the past several months, the Board had been working with the
State of Ohio Ethics Committee due to technical questions related to Commissioner Moore’s involvement
in Park District matters that could pose a potential conflict. Specifically, because of Commissioner
Moore’s commitment to the Lakefront, Wendy Park, and Whiskey Island, a working plan has been
implemented that will allow the Park District to conduct business in a way that meets with the best
interests of the Commission and the public, and which also allows the Park District to utilize the skill sets
of Commissioner Moore. Commissioner Rinker further stated that one of the reasons Commissioner
Moore was selected by Judge Russo to serve on the Board was his leadership and commitment to making
sure that a very important asset to the community is preserved and taken care of. It is anticipated that the
plan will be finalized within the next few weeks, and therefore, in the interim, a decision has been made
that Commissioner Rinker will remain President until the plan is finalized. Historically, it has been the
custom of the Board to rotate positions. However, Commissioner Rinker stressed that none of the
commissioners has any more power than the others. The stewardship responsibilities of each of the
commissioners will be handled equally. At the appropriate time, it is expected that the change in
presidents will occur, but will, for now, remain status quo.
Commissioner Moore commented that he was very excited to take on Commissioner Rinker’s role as
president very soon, although Commissioner Rinker has done a very good job. Commissioner Moore
explained that the ethics issue is a little complicated. For example, Mr. Moore is chairman of the Wendy
Park Foundation, which is the foundation that supports public access to the Lakefront, particularly as it
relates to Wendy Park. The Wendy Park Foundation is having their board meeting tomorrow, at which
time Mr. Moore will be coming off the board and stepping down as chairman. All of the individuals
related to Mr. Moore’s company will be stepping off the board as well. A new group will be coming on
whereby the Moore family will not have the majority vote. The reason this is important is because if
Cleveland Metroparks were to ever take over the Wendy Park land, the Wendy Park Foundation could
function in the role of a support organization related, similar to the role that the Zoological Society plays
with the Zoo. The commissioners have to be able to decide. Commissioner Moore stressed that he wants
there to not be any ethical issues at all to deal with. Commissioner Moore advised that this will require
him to reorganize several issues, but he is more than happy to do so in order to continue to serve on
Cleveland Metroparks Board.
APPOINTMENT OF OFFICERS.
No. 12-01-003:
It was moved by Vice President Moore, seconded by Vice President Berry and
carried, to appoint Brian M. Zimmerman as Executive Director-Secretary of the
Board for 2012, and to appoint David J. Kuntz as Treasurer of the Board for 2012
and, as such, Ex-Officio Officers of the Board for 2012.
Vote on the motion was as follows:
Ayes: Ms. Berry, Messrs. Moore and Rinker.
Nays: None.
JANUARY 12, 2012
73615
APPOINTMENT OF COUNSEL, LABOR RELATIONS & EMPLOYMENT COUNSEL,
DEFENSE LITIGATION COUNSEL, EMPLOYMENT DEFENSE LITIGATION COUNSEL,
ENVIRONMENTAL SERVICES COUNSEL, WORKERS' COMPENSATION COUNSEL, REAL
ESTATE AND INTELLECTUAL PROPERTY CONSULTANT SERVICES, INSURANCE/RISK
MANAGEMENT ANALYSTS AND CONSULTANTS, AND ETHICS COUNSEL OF THE
BOARD.
Law Director, Rose Fini, addressed the Board and advised that since she came to Cleveland Metroparks in
March 2011, she has worked with the directors to review their respective legal needs. In an effort to bring
costs down, much of the legal work has been brought back “in-house” for handling. In the past,
Cleveland Metroparks spent approximately $20,000 per month in general legal services. However, over
the past five months, that amount has been reduced to $4,000 per month. With that said, there are times
where it is necessary to go “outside” in order to obtain the expertise needed. Therefore, after extensive
interviews and discussions, several firms have been identified to provide those services as outlined below.
Law Director Fini introduced Jeffrey R. Appelbaum of Thompson Hine LLP, as well as Jon M. Dileno of
Zashin & Rich Co., L.P.A.
Risk Manager, Thomas R. Coles, introduced James A. Climer of Mazanec, Raskin, Ryder & Keller Co.,
L.P.A., and Michael J. Bertsch of Moscarino & Treu, LLP.
No. 12-01-004:
It was moved by Vice President Moore, seconded by Vice President Berry and
carried, to appoint Thompson Hine LLP as Counsel of the Board for 2012, at
the rate of $245 per hour for attorneys; $165 for the time of non-lawyers, i.e.,
paralegals, law clerks and other non-lawyers;
Zashin & Rich Co., LPA as Labor Relations & Employment Counsel of the
Board for 2012, at the rate of $225 per hour for partner-level attorneys; $205 per
hour for associate-level attorneys; and $110 for the time of non-lawyers, i.e.,
paralegals, law clerks and other non-lawyers;
Mazanec, Raskin & Ryder Co., L.P.A. as Defense Litigation Counsel for
2012, at the rate of $165 per hour for partners ($155 in 2011); $145 per hour for
associates ($135 in 2011); and $110 per hour for the time of non-lawyers, i.e.,
paralegals, law clerks and other non-lawyers ($100 in 2011);
Zashin & Rich Co., LPA as Employment Defense Litigation Counsel for
2012 at the rate of $225 per hour for partner-level attorneys; $205 per hour for
associate-level attorneys; and $110 for the time of non-lawyers, i.e., paralegals,
law clerks and other non-lawyers;
Baker & Hostetler LLP as Environmental Services Counsel for pending
matters and for other pending legal matters including, but not limited to,
arbitration for 2012, at the rate of $245 per hour for attorneys ($245 in 2011),
and $130 per hour for the time of non-lawyers, i.e., paralegals, law clerks and
other non-lawyers ($130 in 2011);
Moscarino & Treu, LLP as Workers’ Compensation Counsel for 2012, at the
rate of $181 per hour for attorneys ($231 in 2011), and $110 per hour for the time
of non-lawyers, i.e., paralegals, law clerks and other non-lawyers ($120 in 2011);
JANUARY 12, 2012
73616
Zashin & Rich Co., LPA as Workers’ Compensation Counsel to analyze
structure and funding for Workers’ Compensation program for 2012, at the rate
of $205 per hour for partner-level attorneys; $180 per hour for associate-level
attorneys; and $110 for the time of non-lawyers, i.e., paralegals, law clerks and
other non-lawyers;
Squire, Sanders & Dempsey L.L.P. for Real Estate and Intellectual Property
Consultation Services for 2012 at the rate of $245 per hour for attorneys;
Crain, Langner & Co. as Insurance/Risk Management Analysts and
Consultants for 2012, at the rate of $150 per hour for the time of consultants
($150 in 2011), and $80 per hour for the time of analysts ($110 in 2011); and
Murman and Associates as Ethics Counsel for 2012, at the rate of $245 per
hour for partner-level attorneys; $150 per hour for associate-level attorneys; and
$90 per hour for the time of non-lawyers, i.e., paralegals, law clerks and other
non-lawyers.
Vote on the motion was as follows:
Ayes: Ms. Berry, Messrs. Moore and Rinker.
Nays: None.
APPROVAL OF MINUTES.
No. 12-01-005:
It was moved by Vice President Moore, seconded by Vice President Berry and
carried, to approve the minutes from the Regular Meeting of December 22, 2011,
which were previously submitted to the members of the Board, and by them read.
Vote on the motion was as follows:
Ayes: Ms. Berry, Messrs. Moore and Rinker.
Nays: None.
DIRECTOR’S REPORT.
INFORMATION/BRIEFING ITEMS.
1.
Director’s Employee Guests
(Originating Source: Brian M. Zimmerman, Executive Director)
Bethany Majeski, Naturalist II – Rocky River Nature Center (Part-time)
Bethany Majeski actually joined Cleveland Metroparks in June 2007 as a Seasonal Naturalist II.
While working as a seasonal, Bethany continued her education and received a Bachelor of Arts in
English Literature, Magna Cum Laude, in December 2008 from Cleveland State University.
Bethany also holds an Associate of Arts degree (May 2006) from Cuyahoga Community College.
In January 2010, Bethany was promoted to the part-time Naturalist II position at the John J.
Donnelly Rocky River Nature Center. Bethany also has experience working as a Visitor
Experience Specialist for the Great Lakes Science Center and NASA Visitor Center where she
coordinates group visits and provides programming for diverse audiences, leads guided
interpretive tours, and develops new programs in accordance with Ohio’s academic standards.
JANUARY 12, 2012
2.
73617
Zoo Recycling/Composting Programs
(Originating Sources: Elizabeth Geith, Superintendent of Zoo Facility Operations/Nancy
Hughes, Sustainability, Compost & Recycling Coordinator)
Over the past eight years, Cleveland Metroparks Zoo has significantly increased its sustainability
and recycling efforts. More specifically, the Zoo has successfully:
• Increased the types and amounts of materials being recycled (as opposed to going to a
landfill);
• Added sustainability education programs;
• Formed partnerships;
• Raised awareness and made community connections; and
• Realized opportunities for growth
Nancy Hughes, Sustainability/Compost & Recycling Coordinator, shared a PowerPoint
presentation and provided an overview of the Zoo’s extensive Recycling and Composting
Programs.
Commissioner Moore asked what happens to the excess manure that Cleveland Metroparks does
not compost. Ms. Hughes advised that Cleveland Metroparks pays to have it hauled away and it
is then composted and sold. Commissioner Moore commented that people would love to buy
Cleveland Metroparks compost.
Commissioner Rinker asked if we had explored how other organizations handle this. Ms. Hughes
advised that she recently contacted several organizations and is awaiting a response from them.
Commissioner Moore stated, and Director Zimmerman concurred, that Milwaukee does a very
good composting business.
3.
Cleveland Metroparks Aquatic Resource Monitoring Program: Ensuring the Long-Term
Integrity of the Park's Streams, Lakes, and Wetlands
(Originating Sources: Michael Durkalec, Aquatic Biologist/Claire Weldon, Aquatic Research
Coordinator)
Over the past six years, Cleveland Metroparks has developed one of the most comprehensive
aquatic resource monitoring programs in the nation. Natural Resources Division staff use a
combination of technologically advanced equipment, Ohio Environmental Protection Agency
(Ohio EPA) sampling protocols, and agency/academic partnerships to assess and track the health
of Cleveland Metroparks wealth of streams, lakes, and wetlands. Benefits of the program include
identifying sensitive habitats, problematic areas, and potential restoration sites, as well as being
the first step in making it possible to track long term trends in the physical and biological
integrity of these systems and making management decisions accordingly.
Mike Durkalec and Claire Weldon were present and shared a PowerPoint presentation with the
Board.
JANUARY 12, 2012
4.
73618
Cleveland Metroparks Zoo 2011 Cleveland Rocks! Awards
(Originating Sources: Sue Allen. Manager of Marketing & Public Relations, Cleveland
Metroparks Zoo; Liz Fowler, Executive Director, Cleveland Zoological Society)
On December 2, 2011, Cleveland Metroparks Zoo and the Cleveland Zoological Society were
award recipients in the Public Relations Society of America (PRSA) Annual Cleveland Rocks!
Awards competition. The PRSA Cleveland Rocks! Awards honor the best public relations
practices in the Greater Cleveland area. The awards recognize outstanding public relations
programs and projects.
The Zoo received the following four awards:
• Annual Report
• 2011 African Elephant Crossing Media Kit
• Media Relations for African Elephant Crossing
• Integrated Marketing & Communications for African Elephant Crossing
The Zoo Society received the following awards:
• African Elephant Crossing Direct Mail Campaign (Year-End 2010)
• African Elephant Crossing Campaign Update (Trunks Length Away)
• Elephant Comeback (Bus) Tour
Importantly, the Zoo and the Society received a joint Gold Award from PRSA for:
• African Elephant Crossing Opening/Special Events (more than eight days)
See photos on pages 73634 and 73635.
5.
Processing Requests for Public Records Policy
(Originating Source: Rose Fini, JD-Director of Law)
As a public office, the Board of Park Commissioners of the Cleveland Metropolitan Park District
is required to comply with the Ohio Public Records Act codified in Section 149.43 of the Ohio
Revised Code. The Ohio Public Records Act is built on centuries of American legal tradition that
the records of government are “the people’s records.” The Public Records Act provides the
public with procedures to request records from any public office in Ohio, while protecting certain
types of records from release.
As a result of the numerous changes that have been made to ORC §149.43 in the past few years,
Cleveland Metroparks’ policy regarding public records should be updated and revised since it
was last updated in 2007. The proposed policy entitled, “Processing Requests for Public Records
Policy,” will provide specific direction to the Cleveland Metroparks staff to aid their compliance
with statutory requirements. Specifically, the Policy will cover the following topics:
1. Definitions
2. General Rules of Law
3. Receiving the Public Records Request
4. Information from the Requester
5. Reviewing the Public Records Request
6. Responding to Requestor Regarding Inspection
7. Process for Providing Copies
8. Request to Review Cleveland Metroparks Personnel File.
9. Policy Not to Interfere with Regular Business Operations
10. Inclusion and Display of Policy
11. Failure to Respond to a Public Records Request.
JANUARY 12, 2012
73619
The full Policy can be found at pages 73636 to 73638.
Law Director Rose Fini advised that this Policy will be brought back before the Board of Park
Commissioners at a subsequent meeting for formal adoption.
Marty Lesher of Olmsted Township commented that their needs to be a rule that can predict when
meetings occur. Law Director Fini advised Ms. Lesher that Cleveland Metroparks bylaws
indicate that meetings are required once per month and are posted on Cleveland Metroparks
website.
Jim Ewinger of The Plain Dealer asked how retrievable old agendas were on Cleveland
Metroparks website. Director Zimmerman advised that currently the agenda from at least two
meetings are posted on the website, but they are also available upon request. Commissioner
Rinker advised that we want to try to amplify the functionality of our website which we are
currently working to improve upon.
Also, Mr. Ewinger asked if minutes of prior meetings could be posted using a searchable catalog
by theme. John Daters, Web Services Coordinator, advised Mr. Ewinger that Cleveland
Metroparks is in the process of updating its website to make it more user-friendly and to
accommodate more information. Having access to a searchable catalog is certainly possible.
ACTION ITEMS.
1.
Director’s Retiring Guests:
(Originating Source: Brian M. Zimmerman, Executive Director)
Stuart M. Meyer, Zoo Horticulturist
Stuart Meyer has served Cleveland Metroparks for more than 25 years holding the positions of a
Grounds Maintenance employee, Assistant Park Manager II – Bradley Woods/Huntington
Reservations, and as Zoo Horticulturist. Stuart has used his knowledge and experience to assist
with planning and supervising all park maintenance activities of a reservation and with landscape
design of the Zoo’s grounds and The RainForest. Stuart was responsible for the successful
installation of irrigation control valves in The RainForest, and developed the first ever haunted
greenhouse for Boo at the Zoo. In addition, Stuart has supported various events such as Holiday
Lights, Senior Celebration Days, Breakfast with the Horts, Meet the Hort, Zoo Blooms,
Floralscape, Boo at the Zoo, Zippity Zoo Doo, Birds Eye Zoo, and Plant Conservation Day.
Stuart’s contributions to Cleveland Metroparks and the Greater Cleveland Community will not be
forgotten.
No. 12-01-006:
It was moved by Vice President Moore, seconded by Vice President Berry and
carried, to recognize Stuart M. Meyer for his years of service to Cleveland
Metroparks and the greater Cleveland community by adopting the Resolution
found on page 73639.
Vote on the motion was as follows:
Ayes: Ms. Berry, Messrs. Moore and Rinker.
Nays: None.
JANUARY 12, 2012
2.
73620
2012 Authorization of Change/Petty Cash Funds
(Originating Source: David J. Kuntz, Treasurer)
State auditors require that the board of park commissioners reauthorize existing, and approve
revisions to, change/petty cash funds amounts; and
WHEREAS, Cleveland Metroparks, to be able to operate revenue-producing operations, has a
need for a change fund. and
WHEREAS, The Park District, to be able to make emergency cash purchases and necessary
purchases in accordance with the Petty Cash Administrative Procedure, has a need for a petty
cash fund.
THEREFORE, BE IT RESOLVED, That the Board of Park Commissioners authorize a change
fund of $31,250, distributed as follows.
Location
Custodian/title
2011
2012
Big Met
M. Raby, Golf Clubhouse Manager/Pro;
L. Smith, Clubhouse Supervisor
$1,500
$1,500
Little Met
M. Raby, Golf Clubhouse Manager/Pro;
B. Madden, Clubhouse Supervisor
800
800
Manakiki
T. Kochensparger, Golf Clubhouse
Manager/Pro; H. Cernigoj, Clubhouse
Supervisor
1,500
1,500
Sleepy Hollow
J. Fiander, Golf Clubhouse
Manager/Pro;
R. Lumsden, Clubhouse Supervisor
1,500
1,500
Shawnee Hills
S. McRitchie, Golf Clubhouse Manager;
M. Patterson, Clubhouse Supervisor
1,500
1,500
Mastick
Woods
M. Raby, Golf Clubhouse Manager/Pro;
L. Janson, Clubhouse Supervisor
1,200
1,700
Washington
Golf Learning
Center
S. McRitchie, Golf Clubhouse Manager;
R. Short, Clubhouse Supervisor
1,200
1,200
Seneca
J. Taylor, Assistant Golf Clubhouse
Manager; J. McCullough, Clubhouse
Supervisor
1,500
1,500
Zoo
E. Ricchiuto, Zoo Guest Services
T. Moore, Admissions Manager
15,000
15,000
The Chalet
(includes
hayrides)
M. Tirpak-Chylik, Facilities/Concession
Manager
2,400
2,400
JANUARY 12, 2012
73621
Location
Custodian/title
2011
2012
Ledge Pool
(includes
Ledge Rock
Café, Quarry
Rock Café, and
Aquatics
Admin.)
C. Szoke, Aquatics/Facilities Manager
1,000
1,000
EarthWordsNorth Chagrin
Bookstore Manager
200
200
EarthWordsCanalWay
Bookstore Manager
400
400
EarthWordsRocky River
Bookstore Manager
250
250
EarthWordsWest Creek
Bookstore Manager
0
200
EarthWordsHinckley Lake
Bookstore Manager
0
200
EarthWordsMobile
Bookstore Manager
200
200
IGO
D. Smith, Outdoor Recreation Manager
0
100
Rocky River
Outdoor
Education
W. Weirich, Nature Center Manager;
J. Reardon, Information Specialist
50
50
Look-AboutLodge
B. Holtz, Nature Center Manager;
D. Costanzo, Secretary
50
50
$30,250
$31,250
Total
FURTHER, BE IT RESOLVED, That the Board of Park Commissioners authorize a petty cash
fund of $8,450, distributed as follows:
Use/Location
Custodian/Title
2011
2012
Administrative
Petty Cash,
Office of the
Treasurer
Chlondra Hunter Accounting Manager;
A. Baughman, Associate Treasurer
$3,500
$4,500
Special
Purchase
Account, Office
of the Treasurer
Chlondra Hunter Accounting Manager;
A. Baughman, Associate Treasurer
4,500
5,500
JANUARY 12, 2012
73622
Location
Custodian/title
2011
2012
Mastick Woods
M. Raby, Golf Clubhouse Manager/Pro;
L. Janson, Clubhouse Supervisor
0
1,000
The Chalet
M. Tirpak-Chylik, Facilities/Concession
Manager
300
300
EarthWordsNorth Chagrin
Bookstore Manager
50
50
EarthWordsCanalWay
Bookstore Manager
50
50
EarthWordsRocky River
Bookstore Manager
50
50
EarthWordsWest Creek
Bookstore Manager
0
50
EarthWordsHinckley Lake
Bookstore Manager
0
50
$8,450
$11,550
Total
No. 12-01-007:
It was moved by Vice President Moore, seconded by Vice President Berry and
carried, to authorize the change and petty cash funds as listed above.
Vote on the motion was as follows:
Ayes: Ms. Berry, Messrs. Moore and Rinker.
Nays: None.
3.
Murman and Associates
(Originating Sources: Brian M. Zimmerman, Executive Director Secretary/Rose Fini, Director of
Law)
On October 27, 2011, at the direction of the Board of Park Commissioners, the Director of Law
initiated the Purchase Order process for the services of Murman and Associates, Attorneys at
Law, to assist in the review of ethical considerations. That Purchase Order is included in today’s
agenda on the standard “ITEMS/SERVICES $5,000-$20,000” list for a total of $19,950.
This initial invoice was received on November 1, 2011 in the amount of $2,512.50. Given the
complexity of the issues and the scope, the work that was required to be conducted by Murman
and Associates was much greater than initially anticipated. Therefore, the second invoice
received on December 1, 2011 was in the amount of $17,437.50, a total of $19,950 by the end of
2011.
A final invoice was received on January 1, 2012 in the amount of $9,560 so the $20,000.00 limit
has been exceeded, and authorization from the Board is required.
In light of these changes, the Board is hereby asked to approve the total amount of $29,510 to pay
for the legal services rendered by Murman and Associates in 2011 ($19,950 as shown on the
$5,000 - $20,000 list and $9,560 billed after 2011).
JANUARY 12, 2012
73623
Consequently, the total amount, as shown above, is recommended by the Law Director for
approval by the Board at this time.
For Calendar Year 2012, a reduced rate has been negotiated with Murman and Associates to be
utilized as ethics counsel for any matters for which its services may be required.
No. 12-01-008:
It was moved by Vice President Moore, seconded by Vice President Berry and
carried, to authorize the award as hereinabove described for a revised total
estimate not to exceed $29,510.00.
Vote on the motion was as follows:
Ayes: Ms. Berry, Messrs. Moore and Rinker.
Nays: None.
Marty Lesher of Olmsted Township commented that she had been concerned that things were
being done “behind the scenes” with respect to the Lakefront and was glad to hear that Cleveland
Metroparks was looking into items that could be interpreted as unethical. Specifically, Ms.
Lesher wanted to know why all discussions related to the Lakefront were taking place in
Executive Session. President Rinker assured Ms. Lesher that Executive Sessions have been
utilized for all real estate matters, and that the Board has been extremely forthright in keeping the
public advised of its intentions with respect to the Lakefront in the form of work sessions and
public meetings.
4.
Stables Concession Agreement - 2012-2014
(Originating Sources: Brian M. Zimmerman, Executive Director Secretary, and Rose Fini,
Director of Law)
Brecksville Stables, Brecksville Reservation
At the Board meeting of December 1, 2010 Commissioners approved the proposal from
Brecksville Stables, Inc. (a non-profit organization formed by the Ohio Horseman’s Council) to
provide services at Brecksville Stables in Brecksville Reservation through December 31, 2011.
This agreement has been a pilot program for a shared usage agreement between Brecksville
Stables, Inc. and Cleveland Metroparks Rangers Mounted Unit.
After a comprehensive review of the past year’s operational challenges, efforts and progress
under this agreement, both Cleveland Metroparks and Brecksville Stables, Inc. have determined
that the agreement has been a positive endeavor and wish to continue the shared usage program at
Brecksville Stables for an additional two years (January 1, 2012 through December 31, 2013).
The general terms of the 2011 pilot concession agreement would remain intact with the inclusion
of a capital improvement requirement of Brecksville Stables, Inc. to insulate the structure.
Ms. Penny Passalaqua was present and thanked the Board and Cleveland Metroparks for its
support in keeping Brecksville Stables open and available to the public.
No. 12-01-009:
It was moved by Vice President Moore, seconded by Vice President Berry and
carried, to approve a two (2) year pilot Concession Agreement with Brecksville
Stables, Inc. to operate the stables in Brecksville Reservation for the term period
beginning January 1, 2012 and ending December 31, 2013. The information
below summarizes the two-year capital improvement commitment negotiated
with Brecksville Stables, Inc.:
JANUARY 12, 2012
73624
Capital Improvements: $4,989.95 committed for insulation of the office building
abutting the arena at the Brecksville Stables. Cleveland Metroparks will move
forward with the project utilizing a company called Preferred Insulation out of
Medina. Brecksville Stables, Inc. will reimburse Cleveland Metroparks 23
payments of $207.91 and one payment of $208.02 over the two-year term of the
agreement.
Vote on the motion was as follows:
Ayes: Ms. Berry, Messrs. Moore and Rinker.
Nays: None.
5.
Amendment No. 1 – Concession Agreement with The Big Show Ltd. for Big Met Golf Course
(Originating Sources: Brian M. Zimmerman, Executive Director Secretary and Rose Fini,
Director of Law)
On September 25, 2008, the Board authorized a three-year concession agreement with The Big
Show Ltd. to provide a food and beverage service concession at Big Met Golf Course in the
Rocky River Reservation of the Cleveland Metropolitan Park District, for a period commencing
January 1, 2009 and ending on December 31, 2011. At the sole discretion of Cleveland
Metroparks, the term of this Agreement may be extended for up to two (2) additional years, i.e.,
through December 31, 2013.
Melissa Nelson, President of The Big Show, Ltd., has requested to extend the concession
agreement. In addition, The Big Show agrees to initiate a Winter Sports business, beginning late
December 2011 and progressing through the season until golf season begins in March (weather
permitting). This would include opening the concessions to the public with limited offerings, as
well as, leasing Nordic (cross country) equipment, snowshoes, and selling other accessories such
as, hats, gloves, etc. The Big Show would hope to concurrently grow a wintertime lunch business
as well.
Due to the uncertainties of this new endeavor and The Big Show’s anticipated monetary loss at
Big Met for 2011, a result of the unprecedented weather conditions and flagging economy over
the past 2 years, we are recommending only a 1-year extension to the contract at this juncture
with a minimal reduction to their concession fee. The 2012 concession fee has been negotiated in
the amount of $21,000, plus 3% of winter sales over $10,000. The 2011 rent was $25,000.
Commissioner Moore inquired as to what the gross revenues were for Big Met. Director
Zimmerman advised that it was $186,000.
No. 12-01-010:
It was moved by Vice President Moore, seconded by Vice President Berry and
carried, to approves a one (1) year Concession Agreement with The Big Show,
Inc. to operate the concession services at Big Met Golf Course for the term
period beginning January 1, 2012 and ending December 31, 2012, with the
option to extend the Agreement for an additional year, i.e., January 2013 through
December 31, 2013. The negotiated 2012 concession fee is $21,000, plus 3% of
winter sales over $10,000.
Vote on the motion was as follows:
Ayes: Ms. Berry, Messrs. Moore and Rinker.
Nays: None.
JANUARY 12, 2012
73625
AWARD OF BIDS; CONSTRUCTION CHANGE ORDERS; STATUS RE: CAPITAL
PROJECTS.
The following were presented to the Board for award/acknowledgment: bid tabulations, as shown on
pages 73640 through 73643; $5,000 to $20,000 purchased items/services report, page 73644 through
73645; and construction change orders, page 73646.
APPROVAL OF VOUCHERS AND PAYROLL.
No. 12-01-001:
After review by Rosalina M. Fini, Director of Law, it was moved by Vice
President Moore, seconded by Vice President Berry and carried, to approve
payroll and vouchers, employee withholding taxes, and ADP payroll, as
identified on pages 73647 to 73691.
Vote on the motion was as follows:
Ayes: Ms. Berry, Messrs. Moore and Rinker.
Nays: None.
DATE OF NEXT MEETING.
The next Regular Meeting of the Board of Park Commissioners was scheduled by the Board for Tuesday,
January 24, 2012, at 9:00 a.m. at the Board’s office, 4101 Fulton Parkway, Cleveland, Ohio.
ADJOURNMENT TO EXECUTIVE SESSION.
No. 12-01-013:
At 10:14 a.m., upon motion by Vice President Moore, seconded by Vice
President Berry and carried, the meeting adjourned to an Executive Session to
discuss a real estate matter.
Vote on the motion was as follows:
Aye:
Aye:
Aye:
Nays:
Ms. Berry
Mr. Rinker
Mr. Moore
None
No action was taken as a result of the Executive Session.
JANUARY 12, 2012
73626
ADJOURNMENT.
No. 12-01-014:
There being no further matters to come before the Board, upon motion by Vice
President Moore, seconded by Vice President Berry, and carried, President
Rinker adjourned the meeting at 11:41 a.m.
Vote on the motion was as follows:
Ayes: Ms. Berry, Messrs. Moore and Rinker.
Nays: None.
___________________________________________
President.
Attest:
_____________________________________
Secretary.
JANUARY 12, 2012
73640
AWARD OF BIDS.
RFP #5772 SUMMARY:
WEBSITE SERVICES CONTRACT
Project History
The first Cleveland Metroparks website was created in 1997, with the current iteration created in 2003.
With the website approaching a decade of existence without significant change, the need for an updated
Cleveland Metroparks website is well understood. The current version of the website lacks critical
functionality in achieving the goals of Cleveland Metroparks. Having been designed for a web presence
that contained much less content and a relatively small need for functionality, the current site is lacking in
a number of areas, including a hierarchy that has been unable to accommodate the now more than 1,000
individual content pages and a marked increase in additional functionality needs. The site’s current
programming language, design, hierarchical structure, workflow and general technological limitations are
all hindrances to user engagement and mission fulfillment. In late July 2011, the hire of a Web Services
Coordinator was made to begin the process of instituting a new, mission-driven website that addresses
identified Cleveland Metroparks website needs.
Through website audits, department input and an expert understanding of best practices for online
success, a pathway forward for the implementation of a new website has been created. The selection of a
Web Services partner is a major step to achieving the end goal of a well-functioning, cost-effective and
timely web presence for Cleveland Metroparks.
Requirements from the Web Services partner include:
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Website designs of the home page, secondary pages and child pages with related design for
Cleveland Metroparks Zoo web presence
Information architecture and user interface plan
Project management and scheduling
Defined Style guide/CSS with locked down guides
Web development
Content development
Integration of content Search Engine Optimization (SEO) audit
Search Engine Optimization (SEO) consideration for site structure, headers and page titling
Establish taxonomy
Social network linkage/integration
Analytics coding
Quality control assuring site functionality, and testing across multiple browsers
On-site usability testing
Purchase, integration and training for a Content Management System (CMS)
After-launch website support
Database-managed programs
New programming language/platform
Search engine-indexed site map
API (Application Programming Interface)
Event database
Mapping capabilities
Custom form creation
Employee-only access
eCommerce capabilities
Online reservations/registration
JANUARY 12, 2012
73641
AWARD OF BIDS (cont.)
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Volunteer community access/hub
Online giving
Online employment center
Mobile-friendly version
“Top-Level” sub-navigation
Improved graphical interface
Data capture/surveys
Recommendation:
On October 21, 2011, Cleveland Metroparks advertised its request for proposals for a Web Services
partner to assist in the development, design and implementation of a new Cleveland Metroparks website
with a budget not to exceed $100,000. The request for proposal was sent to seven potential vendors,
advertised in The Plain Dealer and posted on clemetparks.com, in accordance with Cleveland Metroparks
policies.
On October 28, 2011 a pre-proposal meeting was held at Cleveland Metroparks, allowing interested
vendors to submit RFP-related questions and have them answered in an open forum by Cleveland
Metroparks. Proposals were accepted for the project on November 14, 2011.
Responses were received from five distinct vendors and are summarized as follows:
Proposal
CMP Website
Development
Zoo Website
Re-skin
Ripple Effect
Interactive (REI)
$76,500
$5,000
Vision Internet
$81,042
$0
thunder::tech
$67,115-$125,015
(price discrepancy
due to a la carte
services)
$95,000-$115,000
(price discrepancy
due to two package
options)
$145,645.83
$12,950
Idea Engine
Mango Bay
Maintenance
Value Added
$35,295
(Advertising)
Not Provided
$2,052/yr. (annual
fee includes 10%
discount)
$85-$135/hr.
(depends on service
requested)
$5,160-$24,560/2
yrs. (maintenance
only offered in 2yr. contracts)
Cost Not Provided
Not Provided
$100/hr.
None Provided
Total Investment
Minus Value
Added
$48,257
None Provided
$81,042
(Does not include
maintenance cost)
$85,252-$162,525
None Provided
$95,000-$115,000
None Provided
$145,645.83
(Does not include
maintenance cost)
Potential vendors were asked to supply:
• A brief description of the vendor as it would be described to a prospective client
• A list of web projects the vendor created that best reflect the work and relevancy to this project,
as well as brief description of the role the vendor played in each project
• A summary of the list of services provided during this project, as well as a time line and total
proposed cost
• Any information believed to contribute to the review of the agency’s capabilities
• A list of all staff and supervisor(s) that may be assigned to the project
• A performance bond
• An affidavit regarding personal property tax delinquency
• A statement of the proposer’s qualifications
JANUARY 12, 2012
73642
AWARD OF BIDS (cont.)
A selection committee reviewed the submitted RFPs and called three of the candidates back for further
interviews: Ripple Effect, Vision Internet and thunder::tech.
It is the recommendation of the web selection committee that Ripple Effect Interactive (REI) be chosen
as the vendor for this project with a three-year maintenance package. REI meets all of the criteria put
forth in the request for proposal. REI is a local company that has an extensive history with like-minded
local interests, including Ohio & Erie Canalway and Trumbull County Tourism Bureau, among others. In
addition, REI has a working relationship with Great Lakes Publishing (publishers of Ohio
Magazine, Lake Erie Living, Inside Business and Cleveland Magazine), which it has offered to
leverage to increase Cleveland Metroparks exposure through gratis advertising within these outlets,
providing an added value of $35,295 at no cost to Cleveland Metroparks.
It should be noted that the other proposers supplied admirable credentials and successful histories. Each
will be contacted for future opportunities.
In response to Commissioner Moore’s question as to what the final work product was going to be, John
Daters, Web Services Coordinator, explained that Cleveland Metroparks currently uses an old system
called “Dreamweaver.” Under the new system, Cleveland Metroparks will be able to self-control the
website.
Commissioner Berry commented that it appeared that Ripple Effect Interactive was not the low bid, but
won the award based on its product. Mr. Daters confirmed that to be the case.
No. 12-01-011:
It was moved by Vice President Moore, seconded by Vice President Berry and
carried, to approve the lowest and best proposal of Ripple Effect Interactive,
dated December 14, 2011, for Website Services and three years of support for
Cleveland Metroparks website, at a fixed cost of $87,656 ($76,500 for
Cleveland Metroparks website development, $5,000 for Cleveland
Metroparks Zoo website re-skin, $6,156 over a three-year period for threehours of monthly support and unlimited use/available upgrades of the
content management software); further, that the Board authorize the
Executive Director to enter into an agreement as noted above, form of
contract to be approved by the Law Director.
Vote on the motion was as follows:
Ayes: Ms. Berry, Messrs. Moore and Rinker.
Nays: None.
JANUARY 12, 2012
73643
AWARD OF BIDS (cont.)
SOLE SOURCE #5790 SUMMARY:
THE PLAIN DEALER/SUN NEWS DISPLAY/
CLEVELAND.COM ADVERTISING for a one-year period
beginning February 1, 2012 through January 31, 2013
- - - - HIGHLIGHTS AT A GLANCE - - - 2011/2012 Expenditures: $113,000
2012/2013 Estimate: $160,000
Annually, Cleveland Metroparks Marketing Division and Zoo Marketing Division place a variety of
“display” ads to promote various events and attractions. Examples of such ads include, but are not
limited to, events at The Chalet, golf promotions and pro shop sales, and various park and Zoo events
including Outdoor Education.
The expenditure for 2011/2012 ($113,000) increased compared to the 2010/2011 expenditure of $94,000
and is forecast to increase again for 2012/2013 due to planned advertisements for the support of various
Cleveland Metroparks events. The Plain Dealer indicated there is no change in rates expected for
2012/2013 at this time.
Some of these costs are financed through Cleveland Metroparks branded sponsorship, i.e., Coke, Kraft,
etc.
THE PLAIN DEALER/Sun News
- Daily Rate
- Sunday Rate
2012/2013
Avg. Cost
$116.43/col. inch
$148.17/col. inch
2011/2012
Avg. Cost
$116.43/col. inch
$148.17/col. inch
Change
$0
$0
Expenditures/allocation includes:
Golf /Park Events/Outdoor Education/Chalet Advertising
Zoo Marketing
No. 12-01-012:
$ 135,000
$ 25,000
$ 160,000 total
It was moved by Vice President Moore, seconded by Vice President Berry and
carried, to approve The Plain Dealer/Sun News/Cleveland.com (dba Northeast
Ohio Marketing Network, LLC) as a sole source supplier of the
Program/Facility Display Advertising for 2011/2012 for a one-year period
beginning February 1, 2012 through January 31, 2013, at a total cost not to
exceed $160,000 ($116.43/col. inch daily, $148.17/col. inch Sunday) as itemized
in the Sole Source #5790 Summary. In the event that the log of consumption
approaches 90% of the estimate, an action item will be presented to the Board
requesting an increase.
Vote on the motion was as follows:
Ayes: Ms. Berry, Messrs. Moore and Rinker.
Nays: None.
JANUARY 12, 2012
73644
ITEMS/SERVICES ($5,000 - $20,000) ACQUIRED
SINCE LAST BOARD MEETING (Presented 01/12/12)
Pursuant to Cleveland Metroparks By-Law XIII (a) as revised and approved by the Board of Park
Commissioners on January 10, 2008, "The Executive Director-Secretary is authorized to purchase
equipment and services without prior approval of the Board, if the cost of the contract does not exceed
$20,000. Any purchase where the cost exceeds $5,000 shall be reported to Board at next meeting of the
Board following said purchase," the following is provided:
REF. NO. / ITEM – SERVICE
VENDOR
Printer maintenance for 2012 servicing 46
laser jet printers for Administrative Office,
Ranger Headquarters, Park Operations and
Rocky River Maintenance Center.
ComDoc
Estimated 2012 usage of private delivery
service for individual mailing of The
Emerald Necklace Newsletter (i.e.
libraries, citizens, etc.).
Federal Premium .243 caliber Winchester
70 grain NBT ammunition for deer
program (300 boxes / 20 rounds).
COST
PROCEDURE
$19,999.99
(8)
United Parcel
Service
$8,500.00
(2)
WL Baumler
Company
$7,500.00
(8)
Town and
Country Co-Op
$6,825.00
(8)
Shelled whole kernel corn (37.5 tons) for
east side locations of Cleveland
Metroparks deer management program.
Western
Reserve Farm
Co-Op
$7,760.00
(8)
2012 stipend to area supervisors to
coordinate the volunteer hike/bike patrol
OWLS (Older Workers Leading Success)
Program.
Tom Laskowski
Augustine
Boland
Michael
McCormick
$8,240.00
(3)
Estimate for on-line auction services for a
one-year period January–December 2012.
Gov Deals
$7,000.00
(3)
Consultation services in connection with
ethics
Murman and
Associates
$4,500.00
$15,450.00
$19,950.00
(6)
Shelled whole kernel corn (37.5 tons) for
west side locations of Cleveland
Metroparks deer management program.
$8,240.00
$8,240.00
JANUARY 12, 2012
73645
REF. NO. / ITEM – SERVICE
VENDOR
COST
PROCEDURE
Various golf merchandise for resale at
Cleveland Metroparks Golf Pro Shops
Karsten Mfg.
Company
$10,328.90
(4)
2012 dues for the International Species
Information System (ISIS) – required for
AZA Accreditation.
ISIS
$19,000.00
(3)
Various golf merchandise for resale at
Cleveland Metroparks Golf Pro Shops.
Callaway
$12,420.00
(4)
Estimate of lifeguard, life-saving and CPR
program services and fees beginning
January 1 and ending December 31, 2012.
American Red
Cross
$18,888.00
(1)
Service and maintenance of banners and
brackets including pole changes for the
zoo banner program.
Sign-Lite
Services
$5,500.00
(8)
The Plain Dealer / Sun News /
Cleveland.com employment advertising
for a one year period beginning February
1, 2012 through January 31, 2013
Northeast Ohio
Marketing
Network, LLC
$10,500.00
(3)
The Plain Dealer / Sun News /
Cleveland.com legal notice advertising for
a one year period beginning February 1,
2012 through January 31, 2013
Northeast Ohio
Marketing
Network, LLC
$19,999.00
(3)
=================== KEY TO TERMS ========================
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
“BID”- Advertised twice in The Plain Dealer during 15 days preceding bid opening/specific bid invitations sent.
“OHIO CO-OP” - Purchased through the Ohio Cooperative Purchasing Program.
“SOLE SOURCE” - Purchased from specified source as competitive alternatives are not available.
“PROPRIETARY” - Items purchased directly from manufacturer at lowest cost. Bid yields sole source results.
“COMPETITIVE QUOTE (less than $5,000)” - Originally estimated less than $5,000, quoted by three vendors
“PROFESSIONAL SERVICES” - Authorized by discretionary selection of Executive Director.
“ARTICLE XIII”- Per By-laws - construction projects costing $20,000 or less may be entered into by Executive Director
“COMPETITIVE QUOTE (over $5,001-$20,000)” - Authorized by Executive Director under Board By-Laws
where three written quotes are sought.
JANUARY 12, 2012
73646
CONSTRUCTION CHANGE ORDERS
Pursuant to Cleveland Metroparks By-Law XIII (b) as revised and approved by the Board of Park
Commissioners on January 10, 2008, “...the Executive Director Secretary is authorized to enter into
change orders to construction contracts, without prior approval of the Board in each instance, as follows:
(i) for amounts included within an allowance previously approved by the Board as part of the contract;
and (ii) for amounts not included within allowances previously approved by the Board as part of the
contract where the change orders for that contract by the Executive Director-Secretary pursuant to this
By-Law XIII (b) aggregate less than THE LESSER OF: (A) $20,000 or (B) ten percent (10%) of the cost
of the contract. Each change order by the Executive Director-Secretary under this By-Law XIII (b) shall
be reported to the Board at the next meeting of the Board following the execution of said change order",
the following is provided:
There are no change orders to report for this period.