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08.04.2004 PRB Minutes 8 MINUTES PARK BOARD REGULAR MEETING – AUGUST 4, 2004 KENNEDALE MUNICIPAL BUIL DING – 405 MUNICIPAL DR. CONFERENCE ROOM 7:00 PM Chairman Duval called the meeting to order at 7:01 p.m. Members present: Chairman Duval, David Deaver, and Mike Bevill. Members absent: Mitch Blan and Yolanda Jones. Staff Present: David Miller, City Manager; Mark White, Director of Community Development; Lisa Cabrera, Park Board Secretary; and Glenn Greenwood, Streets & Parks Supervisor. A. EXECUTIVE SESSION No executive session called . B. RECONVENE INTO CHAMBERS No executive session called. C. VISITORS/CITIZENS FORUM No one wished to speak. D. REGULAR ITEMS 1. Consideration of renewal of contract with KYA. Mr. Miller wants the Board to consider this a continuance and not a renewal, due to the fact that the contract automatically renews every year, depending on changes that are needed to be made on the contract. Al and Anita Mantell, President of the KYA and Softball Commissioner, addressed the Board with concerns with the current contract and would like to see the following changes:  First, would like for the KYA to have exclusive use of the ball fields from March to the end of July. The Board and staff had problems with that due to the fact that if KYA is not using the fields then the City may be able to let other citizens have use of the fields. Mrs. Mantell has a problem with other people using the field and leaving trash and tearing up the field. Mr. Miller advised them that if they get to the fields and discover that they are trashed or messed up that they need to call the City and have the City inspect the fields, so that we might bill the user for the clean-up. Mr. Miller and Mr. Duval informed the Mantell's that the KYA would not have exclusive rights to the fields.  Second, in section three of the contract, the KYA has a problem wi th the mending fence portion of this section. Mr. White suggested that the City can do a pre-inspection of the 9 fields before the season starts and then a post inspection after the season ends and any damage that was caused during the season would need to be tended to by the KYA, if not pointed out to the City during the season as vandalism. The inspections would be performed by an employee of the City and a KYA representative doing a walk through with both parties signing off on the inspection form.  Third, Mr. Mantell has a problem with the verbiage of requiring a CPA to do an audit of KYA’s books, due to the fact that the KYA can not afford to hire one. Mr. Duval wanted to keep this wording in the contract to protect the City and the Park Board in requiring this to be done if they feel that a certified audit must be done. Mr. Mantell asked the Board to reword the contract to say “So far as every three months the city will receive a detailed financial statement of revenues and expenses of KYA. And at the request of the Park Board, KYA will provide a certified audit performed by a Certified Public Accountant.” Mr. Mantell provided a copy of the financial statement for the time period of February 20, 2004 to July 19, 2004. Mr. Miller stated that with agreeing to change the contract to read every three months, that the City would expect an updated financial statement on October 1, 2004 for the past quarter and then every three months following this time.  Fourth, KYA has a problem with Section 6 & 7, that KYA has been over billed in the past and that the City now owes KYA money. Mr. Miller explained to the Mantell’s what the contract is saying in regards to the split of the utilities of the ball fields. A discussion was held among the staff, the Board, and KYA ov er incorrect billings. A decision was made to call this a wash with both sides, whom ever is owed money, is going to let it go and an agreement was made to start fresh in these two sections. And an agreement was made for KYA to be billed on a monthl y basis instead of an annual basis.  Fifth, Section 12 of the contract states that the City will maintain the fields by applying fertilizer, weed killer, etc. Mr. Greenwood informed the Board and KYA that the city has not reseeded or fertilized in the last year. Mr. Miller said that this problem would be taken care of. As for the mowing, Mr. Miller informed KYA that if the City mows the fields during the season, t hen KYA is subject to being billed by the City for the man hours for the mowing and upkeep of those fields. Mr. Greenwood informed the Board and KYA that mowing of the fields does not mean just the field within the fence, but the grass outside the fence and at the entrance ways. Mr. Miller told KYA that the City may help them on the upkeep of the fields, but they will be billed for the man hours plus an administrative fee according to ordinance. Mr. Miller told them that the City will be inspecting the fields and will notify them within 10 days of when the City will be maintaining it at their cost, so then they will have 10 days to take care of that.  Sixth, wanted clarification in Section 3 w here the contract talks about the KYA providing a list of all equipment that is owned by the Association. Mr. Duvall stated that the main thing that the Board was looking for at that time was that if the Association owned the proper equipment for the maintenance of the fields, and any dangerous equipment, for example pitching equipment that can pitch a ball at high rates of speed, that might be a liability for the City and the Board.  Seventh, the KYA would like for the conces sion stand to be inspected. Mr. Miller informed the KYA that this would be done at a ri sk that they might not be able to open. Mr. Miller gave a list of concerns from the City’s point of view.  First, that the City has not seen the registrations fees paid.  Second, that the fields have not properly been maintained and he is aware that the KYA is taking steps to fix that problem.  Third, asked the Mantell’s if they have been billed for any electrical use. The Mantell’s answered that they have not been billed for any utilities for this year.  Fourth, KYA has not provided the City with a schedule of games.  Last no financial statements have ever been provided to the City at the present date. 10 A motion was made by Mr. Deaver to change the wording of Section 5 of the contract to read, “So far as every three months the City will receive a detailed financial statement of revenues and expenses of KYA. And at the request of the Park Board, KYA will provided a certified audit performed by a Certified Public Accountant,” seconded by Mr. Bevill. Motion passed unanimously. 2. Discussion of Park Pavilion. Chuck Freeman addressed the Board with different ways to bid this project out and various ways of how to get the pavilion built. Mr. Freeman informed the Board that the soil testing and the survey are currently underway and should be able to present the Board with a report soon. A discussion was held between the difference in Design Build, Sealed Bids, and Construction Management. 3. Discussion of Park Master Plan and Park Grants. Mr. Miller informed the Board that he met with Mr. Spencer of MHS and a preliminary estimate of having him update the Park Master Plan and submit applications for Park Grants was a minimum of $15,000.00 and he was working on a price proposal for the City of Kennedale. The Board directed Mr. Miller to continue to look for someone to update our Park Master Plan. E. ADJOURMENT Mr. Duval adjourned the meeting at 8:58 pm. ____________________________ Robert Duval Park Board Chairman ATTEST: __________________________ Lisa Dawn Cabrera Park Board Secretary