RECORD OF PROCEEDINGS
EVERGREEN PARK & RECREATION DISTRICT
REGULAR MEETING
September 22, 2015
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1.
CALL TO ORDER / ROLL CALL
President Janet Heck Doyle called the regular monthly meeting of the Board of Directors (Board) of the
Evergreen Park & Recreation District (EPRD/District) to order at 5:05 p.m. at the Buchanan Recreation Center, located
at 32003 Ellingwood Trail in Evergreen, Colorado. Present for the Board were President Janet Heck Doyle, Second
Vice President Andrew Adamowski, Treasurer Peg Linn, Secretary Peter Lindquist, and First Vice President John Ellis
(via phone) - a quorum was present. Staff attending were Executive Director (ED) Ellen O’Connor, Recreation
Manager (RM) Brian Tucker, Financial Controller (FC) Jason Leslie, Human Resources Manager (HR) Heather
McBroome, Parks Operations Manager (PO) Heart Cameron, Executive Manager (EM) Ann Marie Edwards, and
Administrative Assistant Kelly Green. Public in attendance were Katie French, Bob Gottsman, Kay LaMontagne
Pandora Reagan, Rachel Emmer, Shawn Hamam, Warren Rose, Betsy Rose, and Sandy Barnes. Prior notice of the
meeting was given.
2.
ANNOUNCEMENTS & CHANGES TO THE AGENDA & CONFLICT OF INTEREST DISCLOSURE
Director Heck Doyle inquired if any Board members had a conflict of interest for items on the agenda. No
Board members expressed conflict of interests. Director Heck Doyle asked if there were any changes to the agenda.
Director Adamowski asked to move the executive session to another time if it got too late. Director Heck Doyle
proposed the board could have its discussion and then speak to ED O’Connor at the following meeting if it got too late.
3.
INTRODUCTION OF NEW INTERN- KATIE FRENCH
RM Tucker introduced the new intern, Katie French. Ms. French is a student at Metro State working on her
second degree in Recreation Management. She has been in recreation for eight years mostly working in youth
programs. She is currently working on some projects for the Lake House and Human Resources.
Director Heck Doyle asked if we (EPRD) had a process at the end of an internship for interns to provide
feedback. Ms. French will create a report for school, which she will also share with EPRD.
4.
August 11, 2015 SPECIAL MEETING MINUTES
MOTION
I (Director Lindquist) motion to approve the (August 11, 2015) minutes. Director Linn seconded; it passed
unanimously.
August 25, 2015 REGULAR MONTHLY MEETING MINUTES
MOTION
I (Director Adamowski) motion to approve the August 25, 2015 minutes. Director Linn seconded. Director
Heck Doyle had some changes. On page 2, line 46, she asked to add the words “move to” to the motion. She also had
concerns regarding the Alderfer lease and felt the minutes did not emphasize the liability EPRD bears for everything at
Alderfer. She specifically wanted it stated in the minutes the Alderfer lease was tabled as the board wanted answers
from Jeffco Open Space regarding any lease changes and deeding of the property. Additionally, EPRD staff needed to
provide more financial information and cost involved with making the barn safe and getting a certificate of occupancy.
Director Linn also asked for page 2, line 21 to be reworded as it did not seem to flow correctly. Director Heck Doyle
wanted to table the minutes until next meeting. Director Adamowski withdrew his motion.
5.
PUBLIC COMMENT
Director Heck Doyle opened the public comment portion of the meeting for anything not on the agenda. No
public comments were made.
6.
MUSICAL ART DONATION
ED O’Connor introduced Kay LaMontagne from Evergreen Rotary. The Evergreen Rotary would like to
potentially donate some interactive musical pieces to Stagecoach Park through the Legacy Grant. Ms. LaMontagne
submitted a donation application through EPRD’s art policy. EPRD staff has selected the type of pieces to make sure
EPRD complies with any noise ordinances. The Rotary would be responsible for the purchase and installation along
with providing $3,000 for future maintenance.
Ms. LaMontagne gave a brief background on the Evergreen Rotary’s Legacy Grant. Various Rotary members
have submitted ideas on how to spend the legacy fund. There were 22 submissions and there are now 3 finalists with
the musical instruments being one of the finalists. Therefore, Ms. LaMontagne was asking for preliminary approval
from the EPRD board before the Rotary’s vote later in the week.
Director Heck Doyle touched on the noise ordinance. PO Cameron explained the pieces must be 25 feet from
the property line and be within 55 decimals. The proposed pieces will be over 200 feet from the property line so the
decimals of the pieces selected will be within the noise ordinance. Director Linn asked if the instruments would make
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RECORD OF PROCEEDINGS
EVERGREEN PARK & RECREATION DISTRICT
REGULAR MEETING
September 22, 2015
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music when the wind blows. To the best of Ms. LaMontagne’s knowledge, the pieces selected require a mallet in order
to make sound. Mallets do need to be replaced every 2-3 years. Director Lindquist just re-emphasized not to choose an
instrument similar to a wind chime. Director Linn thought this was a very worthy project. Many board members
commented they have seen the musical instruments grow in popularity.
Director Heck Doyle commented on EPRD’s art policy and felt some elements might be missing before EPRD
could accept the donation. ED O’Connor mentioned Ms. LaMontagne had completed the application but EPRD would
need to follow up on a few items.
Evergreen Rotary would like a small plaque to acknowledge the Evergreen Rotary donated the musical art.
MOTION
I, (Director Linn), move to accept the donation by Evergreen Rotary of the interactive musical art pieces,
subject to approval of the donation by the Evergreen Rotary. These pieces are to be placed at Stagecoach Park subject
to the sound test and adhering to the (EPRD) Temporary and Permanent Public Art Policy and Procedure. Director
Heck Doyle seconded and it passed unanimously.
7.
DRAFT #2 POLICYAND PROCEDURE FOR SPONSORED GRANT PROPOSALS
ED O’Connor communicated staff and legal counsel had reviewed the proposed changes from the last board
meeting. The Board was provided a redline and clean version for review. Clarifications are still needed by staff in
developing this document.
Director Linn thought after the last meeting this document might be too restrictive. She suggested getting two
board members and staff members to review. Director Heck Doyle felt a subcommittee was fine but still wanted to
discuss the document at the board meeting. Director Lindquist wanted it to be clear the third party not only has the
money, but they pledge it for the project. Director Lindquist asked if a 10% contingency works? For some projects, 10%
is enough, but larger projects need to be set higher and on a case-by-case basis. Instead of calling it “contingency,”
Director Lindquist thought it might need to be called an “emergency reserve.” Director Heck Doyle felt it should be a
range of 10% -100%.
Director Heck Doyle wants the requestor to provide comfort to EPRD. She mentioned EPRD is not in the
business of sponsoring grants for other entities and while we (EPRD) might do this on an occasional basis, it is
something we need to bear in mind because every time we (EPRD) are making a grant application for someone else, we
are possibly foregoing a grant application for EPRD and its own projects.
ED O’Connor noted that EPRD has been successful in partnering with entities such as the school district on
different grant initiatives. ED O’Connor wants a policy that protects the district, but also doesn’t limit the district where
entities don’t want to partner with us.
Director Heck Doyle wants the third party related to the grant to be solely responsible for all the obligations.
This needs to be clearly stated in the document. We (EPRD) need to have learned from our experiences.
Director Ellis mentioned EPRD needs to blend and partner with others. If we make it so tight, no one is going
to do any projects with us. He stated EPRD should have an open mind about this policy. Director Lindquist is
concerned that EPRD as the grant recipient inherits the third party’s liability such as the bridge project. The bridge
project wasn’t an EPRD project and yet EPRD is now dealing with an excess cost issue. He does not want EPRD to be
in this same type of position again.
Director Heck Doyle believes this document is very different from situations when EPRD is partnering on a
project. This document is not for partnering. This document is for when EPRD is submitting a grant application for a
third party’s project which EPRD really has nothing to do with. Director Linn raised the question if it is legitimate to be
applying on behalf of another entity. Director Heck Doyle stated it was legitimate as long as everyone is transparent.
Director Heck Doyle wants a very clear document to backstop any financial responsibility EPRD would have –it should
all be on the third party.
Director Heck Doyle and Director Linn agreed to be on a subcommittee and bring information back to the
board at another meeting.
8.
WILMOT GARDEN AGREEMENTS
ED O’Connor presented three documents. The Cooperative Agreement is between the three entities: EPRD,
GOCO, and EAS+Y. The other two documents were the Memorandum of Understanding and the GOCO Grant
Contract.
Director Heck Doyle mentioned the board approved the submission of a grant application for this project
several months prior, but it was subject to an agreement between EPRD, GOCO, and EAS+Y. This agreement was to
make sure everything is backstopped by EAS+Y and there are sufficient funds should this project have cost overages.
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RECORD OF PROCEEDINGS
EVERGREEN PARK & RECREATION DISTRICT
REGULAR MEETING
September 22, 2015
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EM Edwards explained the three documents. Cooperative is the 3-way agreement. The Memorandum of
Understanding is only for reference as EPRD is not signing this one. The GOCO Grant Contract is only signed by
EPRD.
Director Heck Doyle and Director Lindquist feel discrepancies exist between the three documents especially in
regards to “access.” EPRD does not have access to the schools and EPRD can’t control the right of entry. It was
suggested in some parts, the language read as “Grantee and/or project partners.” Director Heck Doyle said if some
language can’t be changed in the GOCO Agreement, then some language needs to be changed in the Cooperative
Agreement.
Additionally, Director Heck Doyle doesn’t like the discrepancies regarding the completion date. EPRD is
signing a document with GOCO, which obligates the project to be done within two years, but the Memorandum of
Understanding between only EAS+Y and the School District states there is no penalty for missing the completion date.
EAS+Y and the School District need to be on the hook for everything EPRD is obligated to adhere to with GOCO.
EM Edwards asked for clarification on items the board wants to see in order to approve the agreements. The
board would like to see a line about hold harmless/indemnification for EPRD. The board also wants “access”
addressed. Director Heck Doyle suggested incorporating the Cooperative Agreement into the Grant Agreement by
reference with a line such as “EAS+Y and the School District shall do everything to comply with the Grant Agreement
or enable EPRD to comply with the Grant Agreement at the expense of EAS+Y and the School District.”
Director Heck Doyle also wanted the number of beds for EPRD spelled out in the agreement. She also wants it
spelled out if EPRD is going to get a progress payment and then a final payment or just a final payment when the whole
project is completed.
9.
2016 BUDGET
FO Leslie presented draft #1 of the 2016 budget. FO Leslie created a conservative forecast with total revenues
projected at $5.8M and total expenses at $5.6M for 2016. Staff looked at multiple components such as trends in
industry, costs of program expenses, and cost recovery in creating the proposed budget.
Within individual departments, BPRC aquatics is proposing a $2 increase for a punch card. Athletics is
decreasing expenses and revenues slightly due to current trends. Children’s programs saw a jump in 2015, but not sure
if it is a trend, so no fee increase for children’s programs. Staff is proposing a fee increase for playschool program. The
majority of expense increase in facilities is adding custodial staff. Due to the growth at BPRC, more staff hours are
needed to keep the same level of custodial service.
G & A is increased due to employee salary and benefits. Election costs are budgeted at $111K for a board
election in May and possible bond election in November 2016. Director Heck Doyle asked FO Leslie to break the costs
out for the election costs in the next draft. Some fees were not budgeted for in 2015, however it is being reflected in the
2016 budget.
Gymnastics is projected to have increased revenues due to a fee increase in August 2015. The Parkour
program is being introduced in 2016, which will also increase costs.
Lake House will have a loss of $126K in facility rentals due to the closure for the bridge replacement project.
However, now that the Lake House has brought paddleboarding in-house and receiving preferred caterer fees, this
revenue will help to offset the loss in 2016. Director Lindquist thought expenses were going up more than revenues.
FO Leslie explained a large portion of this is due to $16K being allocated for the park ranger position, which had not
been absorbed by the Lake House in the past. Additionally, paddleboard staff was not budgeted in 2015; hence the
2016 salary expenses has increased as it is reflected in the 2016 budget.
Park Operations is not assuming another wet season, so we did not lower costs for water in 2016. Recreation
programs show some growth, but still conservative. Special needs programs were kept flat for 2016.
Overall salary and benefits has been built with a 1.5% cost of living increase ($44K), 3% merit increase for
nine months ($67K), and 1% for market adjustment ($29K). Staff is still waiting on employee benefit cost proposals, so
the numbers in this draft are estimates at this point. Medical is an estimated 9% increase, dental is an estimated 5%
increase, vision (VSP) will be a 0% increase.
Proposed fee increases include: Aquatics increase $2. Athletics would see a $25 increase for softball teams.
Playschool slight increase to fit what is in the market and industry. Massages would increase $12, lego camp would
increase $35, and gymnastic increases that began in 2015 range from $.50-$3.00.
Capital projects for 2016 include $300K for Wulf Recreation Center with resurfacing the parking lot being the
largest item at $229K. Buchanan Park Recreation has a proposed $50K capital project, which includes floor scrubber
for pool deck, Evergreen room, and hot tub ADA chairlift. Lake House has a $24,500 budget, which allows for a Lake
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RECORD OF PROCEEDINGS
EVERGREEN PARK & RECREATION DISTRICT
REGULAR MEETING
September 22, 2015
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House office remodel and the purchase of 30 paddleboards for next season. Purchasing 30 paddleboards will allow for
less wait times and the 20 paddleboards purchased in 2015 will be transferred to the Buchanan ponds for 2016.
G & A capital projects are a little more than usual as upgrades in infrastructural systems are needed. These
systems such as IT need to be improved to reduce some risk and liability. Furthermore, these upgraded systems will
make staff more efficient.
Park Operations has a $191K capital budget with Marshdale Park Playground being $150K.
FO Leslie then took the projects and broke them down by the funding sources. General fund is $195K,
Conservation Trust Fund is $127K, CIP Fund is $458K, Park Escrow is $249K. Therefore, EPRD has adequate funding
sources for the proposed projects.
A recent assessment was done on the Marshdale turf. It showed the turf is wearing as expected and will need
to be replaced in 2017. Costs are going down as there are more vendors in the market now. Staff is estimating on the
high end for $800K, but hopefully the cost will come in lower and save the District some money. Board will be asked
to approve $70,336 to be allocated for 2015 and then $52,336 in 2016.
The materiality threshold is set at $100K and is to be reviewed annually by the board. FO Leslie feels this is
still an adequate level and recommended keeping the same in 2016.
FO Leslie is proposing a change in the reserve policy. He is suggesting to put 5% aside for operating reserves
for a total of $448K for 2016. For CIP, FO Leslie is proposing a 10% reserve amounting to approximately $82K. These
two reserves in the future will grow as our expenses grow. Director Heck Doyle thinks it would be helpful to see the
2015 projects now showing up in 2016 and what amounts are being carried forward.
Debt service has historically been $1.2M, but will be $1.1M in 2016 due to the recent bond refinancing. The
mill levy is being lowered from 7.388 in 2015 to 6.782 in 2016; therefore EPRD is saving taxpayers some money and
hopefully they will see EPRD is being fiscally responsible with their money.
Director Lindquist asked for the second draft to have aggregate income statement, gross revenues, and gross
expenses. He felt it might be easier to see if a particular category was changing drastically.
Director Heck Doyle stated revenues were going down and expenses going up significantly, especially
compensation. FO Leslie responded that overall there is a 3.1% growth in revenues and less than 1% increase in
expenses. There was additional discussion regarding calculations of employee benefits and salaries. FO Leslie told the
board he will recheck the numbers and report back to them.
HR McBroome mentioned benefits should be separated from salaries. Benefits will be affected by the rebate
and may help offset the increase. EPRD hasn’t done a market evaluation of job descriptions for five years. After the
evaluation is done and EPRD starts paying new employees at a market rate, EPRD must also bring current employees
up to the new rate; thus there is a 1% market adjustment “place holder.” ED O’Connor mentioned we (EPRD) want to
offer a competitive package to potential and current employees.
FO Leslie and HR McBroome are working on program position analysis to present variances. This will help
identify what positions and salaries are needed in each department. Director Heck Doyle suggested HR McBroome
look at the 2015 budget as it will list the number of positions in each department. ED O’Connor did say the number of
staff is always moving as EPRD relies heavily on part-time and seasonal employees. Director Lindquist did question
why the salary number has increased $200K (without including salary/benefit increases) if everything is remaining
fairly flat. RM Tucker also mentioned some staff is being hired rather than using independent contractors which is
contributing to the increase in salary costs. FO Leslie will work with staff managers to determine why there are
variances and report back with the next draft.
Director Heck Doyle had a few other questions/comments. She wants to make sure the District and field users
are at a 50/50 cost sharing and ED O’Connor confirmed this is the case. Director Heck Doyle was asking how much of
the revenue is coming from EPRD’s programming versus outside sources such as property tax and Conservation Trust
Fund. The majority of revenue comes from outside sources rather than program income. For CIP, FO Leslie answered
Director Heck Doyle’s questions about the Admin. and Lake House remodel. Director Heck Doyle also asked about
the funding for the three park shelters. FO Leslie said we (EPRD) are applying for a grant, but $16K will be EPRD’s
costs.
10.
2015 MARSHDALE TURF RESERVE ALLOCATION
MOTION
I, (Director Heck Doyle), move that we approve the addition of $70,336 to the Marshdale Turf Reserve by
transfer of such amount on or before December 31, 2015, in accordance with the Accounting Policy on Building
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RECORD OF PROCEEDINGS
EVERGREEN PARK & RECREATION DISTRICT
REGULAR MEETING
September 22, 2015
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Reserves for Major Capital Asset Replacements (Marshdale Turf) as modified on May 25, 2010. Director Lindquist
seconded and it passed unanimously.
11.
BOARD DISCUSSION: ALDERFER LEASE AGREEMENT
ED O’Connor prepared a memo to address concerns brought up at the last board meeting. Jefferson County
Open Space (JCOS) did clarify questions about commercial activity. ED O’Connor answered Director Heck Doyle that
EPRD does not need to generally ask permission for activities like Boogie at the Barn, but EPRD should let them know
out of courtesy. EPRD has first rights and other people must permit through EPRD. Director Heck Doyle and Director
Lindquist read the lease as EPRD must ask permission to do an event, so they want the language changed in the
agreement. Director Lindquist commented when there is ambiguity, you plan for the worst and not everyone will always
play nice, so EPRD must assume the lease could be cancelled if we do not ask permission and get a permit before an
event.
Director Heck Doyle asked if JCOS was willing to change the length of the lease. ED O’Connor said JCOS is
not willing to change length of the lease.
ED O’Connor presented revised projections for programs that could be established not using the barn and the
budget includes indirect costs for parks maintenance on the property. The budget projects a net income of $14,651. The
market rental value of the house in 2011 was $1550, so staff believe the $1500 is a good amount and could likely be
even higher.
Director Lindquist asked if the vault toilets were part of EPRD’s responsibilities. ED O’Connor verified
EPRD does not have to manage the bathrooms.
Director Ellis asked if weddings were part of the proposed sample budget. ED O’Connor stated weddings
were not used in this budget as staff took a conservative approach of recreational use of the property.
There was discussion on the amount of square feet in the barn to see if someone could assess how much money
needs to be invested to get a certificate of occupancy. It appears the barn is 8050 square feet, but this needs to be
verified. Director Ellis thinks we could look for a grant to pay for the assessment of the barn. ED O’Connor thinks it
would cost $5-$10K just for the assessment. She believes Alderfer aligns with EPRD’s mission statement.
Director Linn has been hearing conversations from those in the community and while there are risks with the
barn, there are risks in many of EPRD’s activities such as swimming and paddleboarding, so she thinks Alderfer is
important. There was a lot of discussion among the board regarding liability of the barn.
Some individuals from the public also spoke about Alderfer. Mr. Bob Gottsman does not want EPRD to keep
Alderfer. He says EPRD has talked about Alderfer for years and can’t figure out what to do with it. Mr. Warren Rose
said he had a party at the barn and he got an umbrella policy to cover liability. In his opinion, the barn is in better shape
than it was 2-5 years ago.
Director Heck Doyle asked if the board was ready to do a vote. The board members felt there were still some
open questions. Director Heck Doyle tabled the vote and said it must be voted on in the October meeting.
12.
EXECUTIVE DIRECTOR UPDATES AND OPERATIONAL REPORT
To save time, Director Heck Doyle asked if there were any questions regarding the monthly operational report.
No questions were asked. For the executive director report, Director Heck Doyle asked if ED O’Connor had heard back
from CDOT. At this point, ED O’Connor has not heard from CDOT. Director Ellis felt positive about the meeting with
Jefferson County.
13.
BOARD OF DIRECTORS COMMENTS
There were no board of director comments.
14.
INITIAL DRAFT OF THE OCTOBER 2015 BOARD MEETING AGENDA
Need to add the Alderfer lease agreement vote, grant policy, EAS+Y /Wilmot Cooperative Agreement, and
2014 audit. We will start the meeting at 5:00 p.m. as it will be a lengthy meeting.
15.
EXECUTIVE SESSION
MOTION
I, (Director Heck Doyle), move to adjourn the meeting and go into executive session pursuant to C.R.S.
Section 24-6-402(4)(f) for discussion of a personnel matter regarding the quarterly performance review of the Executive
Director. Director Lindquist seconded, and it passed unanimously at 9:08 p.m.
The Board returned from Executive Session at 10:10 p.m
16.
ADJOURNMENT
MOTION
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RECORD OF PROCEEDINGS
EVERGREEN PARK & RECREATION DISTRICT
REGULAR MEETING
September 22, 2015
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I, (Director Adamowski), move to adjourn from regular session. Director Lindquist seconded, and it passed
unanimously at 10:10 p.m.
Respectfully Submitted,
Kelly Green
Administrative Assistant
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RECORD OF PROCEEDINGS
EVERGREEN PARK & RECREATION DISTRICT
REGULAR MEETING
September 22, 2015
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ACTION ITEMS AS OF THE SEPTEMBER 22, 2015 BOARD MEETING
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Staff will report back to the Board on the new safety program. The information will be added to a future Board
meeting agenda.
At a future Board meeting, staff will provide a recommendation related to projects from the CO Trails Network
Master Plan that EPRD may be interested in leading.
Staff will provide an update to the Board at a future meeting regarding the new IGA with Jefferson County School
District.
The Board will vote on the Alderfer Lease Agreement in October.
The Board will vote on the Audubon Use Agreement in November.
Staff will provide Board a final document that adheres to the art policy for the musical donation from Evergreen
Rotary.
Staff will provide at future Board meeting information on the Buchanan Ponds water rights.
Staff will provide information to the Board regarding feasibility study and possible bond issue in 2016.