Also present: Michael Aurelio, Town Council Liaison, Joseph Wiszowaty, Town Manager, and Michael O’Shea, Park Superintendent.
Following the election of new Officers, Mr. Moffitt handed the gavel to Mr. Beezhold to control the remainder of the meeting.
b. Civic Park: Replace Batting Cage and remove fencing and replace it with a net fencing system. Mr. Moffitt made a motion to approve the RTP with SDI for $45,897.00 to replace the batting cage and fencing in Civic Park and authorize the Park Superintendent to sign. Ms. Toosley seconded the motion. Motion carried with 3 ayes and 0 nays.
c. Selected Park: One application of Weed and Feed for all of the parks through Forever Green for $12,617.00. Mr. Beezhold asked to defer this Request to Purchase for a month to research the cost of adding additional product applications.
d. Patnoe Park: 10 2.5” Caliber Tree Planting Request to Purchase for $6,750.00. Mr. O’Shea reported that he is planning an Arbor Day celebration and that the Town will be giving away tree seedlings as a Tree City requirement. Discussion about the tree placement and the tree species ensued. Mr. Moffitt made a motion to approve the Request to Purchase with Landscaper Services of Illinois for $6,750.00 to purchase 10 2.5” caliber trees and authorize the Park Superintendent to sign. Ms. Toosley seconded the motion. Motion carried with 3 ayes and 0 nays.
e. Add 3” of Sand at the Heartland Park Sand Volleyball Courts to improve the courts. Mr. Moffitt made a motion to approve the Request to Purchase with Landscaper Services of Illinois to add 3” of sand to the Heartland Park volleyball courts for $14,700.00 and to authorize the Park Superintendent to sign. Ms. Toosley seconded the motion. Motion carried with 3 ayes and 0 nays.
f. ADA Playground Mulch to be added to selected parks. Mr. Moffitt made a motion approve the Request to Purchase with Cedar Valley for $11,352.00 to add the ADA playground mulch to select parks and authorize the Park Superintendent to sign. Ms. Toosley seconded the motion. Motion carried with 3 ayes and 0 nays.
Mr. Aurelio reported that a Board Member would be appointed by Lake Central. He asked the Board to craft a letter to the Lake Central Superintendent requesting they appoint a member. Mr. Wiszowaty asked Mr. O’Shea to prepare the letter.
Mr. Moffitt asked about the signing of the documents and normal protocol. Mr. Beezhold reported that the Board will be a five (5) member board to include Republican and non-Republican members in order to qualify for grants. He reported that all three (3) of the current members were on the Parks and Recreation Advisory Committee and are now appointed to the Parks Board and asked Mr. Aurelio to elaborate the changes affected.
Mr. Aurelio explained that there a some major differences between the two, one being, the Parks Board is the legislative body of the Park District of St. John. The Advisory Committee served as a recommending body to the Town Council, but the Parks Board will make the policy for the Park District. He continued to explain that the Town Council sets the overall budget for the Park District but the Board has the discretion of the spending within the budget. The Park Superintendent’s role for the Board is similar to the role the Town Manager plays for the Town Council. The Park Superintendent is the lead on all Park related matters, including events. Mr. Aurelio asked the Board to empower the Park Superintendent and work collaboratively with all of the Town’s departments. Mr. Aurelio emphasized the importance of working with the Building and Planning Department on projects and developments, as permits and inspections are required. Mr. Aurelio asked the Parks Board to consider Cender Dalton as the Parks Board financial advisors to assist with the budget spending and the five (5) year plan. Mr. O’Shea will be working on the five (5) year plan, which will then be presented to the Park Board. Mr. O’Shea added that he will share the 2023 Park Budget with the Board and noted that he will provide monthly financial reporting at the meetings. Mr. Wiszowaty informed the Board that they will be receiving an Accounts Payable Voucher each month for approval and the Requests to Purchase with a value over $4,000.00 will be approved by the Board.
Mr. Beezhold asked about the candidate for the Recreation Coordinator, to which Mr. O’Shea responded that the candidate should be starting on Monday, February 13, 2023. Mr. Beezhold asked that the new hire attend the next meeting and for Mr. O’Shea to share the job description with the Board in advance. Mr. O’Shea reported that he held interviews for the part-time position as well.
Respectfully Submitted:
Anastasia Lowery, Recording Secretary
St. John Parks and Recreation Board
Approved This 20th Day of March, 2023:
___________________________________
David Beezhold, Parks and Recreation Board President
Also present: Michael Aurelio, Town Council Liaison, Joseph Wiszowaty, Town Manager, Michael O’Shea, Park Superintendent, and Nicole Bennett, Attorney
1. December 27, 2022 Parks and Recreation Advisory Committee Meeting Minutes
2. January 10, 2023 Parks and Recreation Advisory Committee Special Meeting Minutes
3. February 6, 2023 Parks and Recreation Board Special Meeting Minutes
Ms. Toosley made a motion to approve the December 27, 2022 Parks and Recreation Advisory Committee meeting minutes. Mr. Moffitt seconded the motion. Motion carried with 3 ayes and 0 nays.
Ms. Toosley made a motion to approve the January 10, 2023 Parks and Recreation Advisory Committee meeting minutes. Mr. Moffitt seconded the motion. Motion carried with 3 ayes and 0 nays.
Ms. Toosley made a motion to approve the February 6, 2023 Parks and Recreation Board meeting minutes. Mr. Moffitt seconded the motion. Motion carried with 3 ayes and 0 nays.
Ms. Toosley made a motion to approve the Agreement for Legal Services. Mr. Moffitt seconded the motion. Motion carried with 3 ayes and 0 nays.
B. Founders Park Improvement Project
Mr. O’Shea reported on the status of the completion of the project and the Change Order needed to complete the payments.
1. Possible Approval of Change Order #1 for $26,060.00 which had to do with some design flaws on the parking lot discovered on-site, which was completed in the fall. The change order brings the total for Founders Park to $573,010.00. Mr. Beezhold asked about the grant. Mr. O’Shea added that Founders Park was started four (4) years ago. It is part of the IDNR Land Water reimbursement grant program. The total reported for the grant was $500,000.00. Ms. Toosley made a motion to approve Change Order #1 for $26,060.00. Mr. Moffitt seconded the motion. The motion carried with 3 ayes and 0 nays.
2. Approval of Pay Application #6 –Mr. O’Shea explained that Pay #6 is for $75,249.00, Pay # 7 is for $167,294.00 and Pay 8 is for $53,408.00. He is looking to have Pay #6 and Pay #7 approved for payment, however, Pay # 8 has an outstanding item, the water fountain, which was not received nor installed.
Ms. Toosley made a motion to approve the $75,249.00 for Pay Application #6. Mr. Moffitt seconded the motion. The motion carried with 3 ayes and 0 nays.
Ms. Toosley made a motion to approve the $167,294.00 for Pay Application #7. Mr. Moffitt seconded the motion. The motion carried with 3 ayes and 0 nays.
Ms. Toosley made a motion to defer Pay Application #8 to the April meeting. Mr. Moffitt seconded the motion. The motion carried with 3 ayes and 0 nays.
C. 2023 Meeting Dates
Mr. Beezhold suggested moving the meetings to the fourth (4th) Tuesday of the month at 5:00 p.m. and everyone was in agreement with that schedule. Ms. Toosley made a motion to set the meeting schedule on the fourth Tuesday of the month at 5:00 p.m. Mr. Moffitt seconded the motion. The motion carried with 3 ayes and 0 nays.
D. Heron Lake Park Splash Pad
Mr. O’Shea reported that there were many issues with the spray features last summer. He received a quote for $9,000.00 to improve the park to eliminate the issues. Discussion on the puddling ensued. Ms. Toosley asked about the timing on the improvements and whether it will affect the opening date, to which Mr. O’Shea confirmed should not be an issue, weather permitting. Ms. Toosley made a motion to approve the Heron Lake Splash Pad improvement project for $9,000.00. Mr. Moffitt seconded the motion. The motion carried with 3 ayes and 0 nays.
E. Gates Park – Improvement Task Order #2
Mr. O’Shea explained that Robinson Engineering was hired by the Town Council to design the south end path of Gates Park. Robinson provided Task Order #2 to provide additional design services for additional amenities for $22,500.00. Discussion about the original construction of Gates Park and cost estimates continued. Ms. Toosley made a motion to amend the Task Order in the amount of $22,500.00. Mr. Moffitt seconded the motion. The motion carried with 3 ayes and 0 nays. Ms. Toosley made a motion to allow Mr. O’Shea to sign and authorize the Task Order. Mr. Moffitt seconded the motion. The motion carried with 3 ayes and 0 nays.
F. Pond Treatment for 2023
Mr. O’Shea explained that this is the annual pond treatment for Homestead Acres, Louis Estates Property, Prairie West Park, and Lindsay Park for a total of $7,300.00. Ms. Toosley made a motion to approve the pond treatment for 2023 for $7,300.00. Mr. Moffitt seconded the motion. The motion carried with 3 ayes and 0 nays.
G. Independent Contractor Agreement – Kyle Giovannini – Disc Golf Professional
Mr. O’Shea explained that the Disc Golf is active in Heartland Park and this contractor is a Disc Golf professional hired to assist with lessons. Patrick Tortorici reported that he had been working with Kyle Giovannini, who helped design the course, to provide personal and group lessons. The program will run through the Parks and Recreation programs. Ms. Toosley asked about a Certificate of Insurance from Mr. Giovannini. Ms. Toosley made a motion to approve the Independent Contractor Agreement with Kyle Giovannini with a 75/25% split. Mr. Moffitt seconded the motion. The motion carried with 3 ayes and 0 nays.
Ms. Toosley made a motion to establish the Disc Golf lesson fee that the Parks Department will charge at $40.00 per hour for individuals and $100.00 per hour for groups. Mr. Moffitt seconded the motion. The motion carried with 3 ayes and 0 nays.
H. Introduction of Recreation Coordinator and Recreation Specialist
Patrick Tortorici introduced himself as the full-time Recreation Coordinator and provided his educational and experience background.
Rebecca Vacarro introduced herself as the part-time Recreation Specialist and described her experience with the 2022 Farmers Market position as well as other assistance she provided with the Parks programs.
Mr. O’Shea provided an update on the planned tree planting at Patnoe Park as well as the approved tree species list.
B. All Parks – Weed and Feed
Mr. O’Shea reported the cost of weed control only is $5,130.64, He recommends a one-time weed and feed at a cost of $12,617.00. Ms. Toosley made a motion to approve the agreement with Forever Green Lawn Care in the amount of $12,617.00 for the all parks one-time weed and feed. Mr. Moffitt seconded the motion. The motion carried with 3 ayes and 0 nays.
Ms. Toosley made a motion to authorize Mr. O’Shea sign the contract with Forever Green Lawn Care for the weed and feed application in the amount of $12,617.00. Mr. Moffitt seconded the motion. The motion carried with 3 ayes and 0 nays.
Respectfully Submitted:
Anastasia Lowery, Recording Secretary
St. John Parks and Recreation Board
Approved This 25th Day of April, 2023:
___________________________________
David Beezhold, Parks and Recreation Board President
Mr. Beezhold welcomed Cindy Sues to the Parks and Recreation Board.
Also present: Michael Aurelio, Town Council Liaison, Joseph Wiszowaty, Town Manager, and Michael O’Shea, Park Superintendent. Nicole Bennett, Attorney was absent.
Mr. Moffitt made a motion to approve the March 20, 2023 Parks and Recreation Board Meeting Minutes. Ms. Toosley seconded the motion. Motion carried with 3 ayes, 0 nays, and 1 abstention by Ms. Sues.
Mr. Beezhold asked about the sapling give-away to which Mr. O’Shea responded they have 250 seedling trees to give away, and described the varieties. The give-away will take place outside of the Parks office beginning at 8:30 a.m. on a first come, first served basis. Mr. O’Shea explained that the reason for the Arbor Day celebration is that it is a requirement to becoming a Tree City USA. Mr. Beezhold asked about any remaining trees and what action would be taken. Mr. O’Shea responded that they would be planted on Town property. He added that the event has been promoted using multiple methods.
B. Town Manager – Mr. Wiszowaty reported that the agreements with the property owners for Freedom Fest should be completed in May. He thanked Councilman Aurelio for the sponsorship today from New Supplies. Mr. Wiszowaty expressed a desire to move quickly on the pavilion and the pickle ball courts as there are available ARPA funds earmarked for priority projects.
C. Parks and Recreation Board Members –
Mr. Moffitt asked about the Civic Park batting cage to which Mr. O’Shea reported that the vendor is still waiting for the supply.
Ms. Toosley suggested a Study Session to discuss the Freedom Fest. Mr. O’Shea provided some updates on the planning progress. The calendar was discussed. It was decided to hold a Study Session on May 23, 2023 at 4:00 p.m. Mr. Beezhold requested a sponsorship update be available. Mr. Wiszowaty stated that the logistics should be done by the end of May. Discussion about the Freedom Fest followed.
Mr. Beezhold reported that he and Mr. O’Shea have been on a few Zoom meetings with American Structurepoint regarding the feasibility study. He provided a schedule of the progress. He asked Mr. Wiszowaty about the Impact Fee Board for the Park Impact Fee, to which Mr. Wiszowaty explained that they are statutorily the same.
George Fage, 8982 Winding Trail: Mr. Fage asked why the HOA is paying to take care of the parks in Lake Hills, e.g., cutting the grass. Mr. O’Shea responded that Parks uses Great Lakes Landscaping to cut the grass at Lake Hills. Mr. Fage then addressed the fountains in the lakes. Mr. O’Shea responded that the HOA was paying for Lindsay Park, which was since changed. Mr. O’Shea also reported that he has been in discussions with the HOA with regards to the parks, ponds and lake.
Barbara LeVin, 13636 Stanton Ct and Mary Ann Rooney, 13612 Stanton Ct, Board Members from Saddle Creek Subdivision: Ms. LeVin asked about the bushes in the front of Heldt Park at the entrance of Saddle Creek. She explained that they requested them to be removed due to difficulty in maintenance, however, Parks planted new bushes. She asked if the bushes could be removed so they could bring in a landscaper to replace them with grass to make the entrance more aesthetic. Mr. O’Shea responded that he’s had discussions with the HOA but did not discuss the removal of the bushes. Ms. LeVin reported that the front bushes were replaced in the last 6 weeks or so, however, Mr. O’Shea responded that 13 bushes were replaced last year and did not replace any bushes there this year. Ms. LeVin asked how they can determine who replaced them. She added that their board has a consensus to remove them, but they needed to learn who is responsible for that section and whether they needed permission from the Parks Department to move forward. Mr. Beezhold requested the HOA Board to provide a letter of direction. Ms. LeVin asked about the trees from Arbor Day and whether the playground equipment will be added to the park. Mr. O’Shea responded that he does have some trees remaining and can put them aside for that purpose. He also provided some planned updates to the park. As for the playground, this park would be third in line for some work and has three (3) plans from Landscape Structures when the funds are available. She also asked about assistance with black-topping their walking paths. Mr. O’Shea responded that it is not owned by the Town, but by the HOA.
Respectfully Submitted:
Anastasia Lowery, Recording Secretary
St. John Parks and Recreation Board
Approved This 23rd Day of May, 2023:
___________________________________
David Beezhold, Parks and Recreation Board President
Also present: Mike Aurelio, Town Council Liaison, Michael O’Shea, Park Superintendent, and Nicole Bennett, Attorney. Joseph Wiszowaty, Town Manager was absent.
Ms. Toosley made a motion to approve the April 25, 2023 Parks and Recreation Board Meeting Minutes. Ms. Sues seconded the motion. The motion carried with 4 ayes and 0 nays.
Matthew O’Rourke, Project Manager with American Structurepoint, was assigned to the Park Impact Fee. He reported, that although the Town currently has a Park Impact Fee, the State requires the Town to review the numbers every five (5) years. The current ordinance will expire in July. They have been working on the existing inventory and are expanding to include current conditions and ADA concerns. He referred to a slide addressing the Impact Fee Calculation and the defined process mandated by the State. He explained what the key project deliverables will be. He noted that once complete, they will have the data needed to update the Parks Master Plan, which is due in a year or so, as the processes are very similar. He then referred to a timeline or project schedule. Ms. Bennett reported that the Impact Fee goes into effect in January and if there is anything that could delay the process, it wouldn’t affect the work done, therefore, it would still continue to move forward. Timeline discussion continued.
B. Parks and Recreation Board Members – Mr. Moffitt asked about updates on the batting cage. Mr. O’Shea responded that the vendor’s supplier was having issues with the supply, so the vendor had to reorder everything from a different supplier. Nothing changed on the Town’s end with setup and pricing.
Mitch Day, Lake Hills resident, stepped up to the podium and pointed out some of the areas of concern. He added that the cameras would not covered those areas. Mr. Dravet explained why the street light poles would not work for the cameras. Mr. Day spoke of the pole that already have outlets on them and asked Mr. Dravet to look at those to see if they would work. Mr. Day asked for a follow-up from last month about the areas that are not officially parks at Crooked Bend and Parkside Lane, as they are currently unmanaged green spaces. Mr. Beezhold referred to the feasibility study and how that may tie into that area. Mr. O’Shea reported that he has a sign for Lake Hills Park ready for installation.
Respectfully Submitted:
Anastasia Lowery, Recording Secretary
St. John Parks and Recreation Board
Approved This 27th Day of June, 2023:
___________________________________
David Beezhold, Parks and Recreation Board President
Also present: Michael O’Shea, Park Superintendent, and Nicole Bennett, Attorney. Mike Aurelio, Town Council Liaison and Joseph Wiszowaty, Town Manager were absent.
Respectfully Submitted:
Anastasia Lowery, Recording Secretary
St. John Parks and Recreation Board
Approved This 27th Day of June, 2023:
___________________________________
David Beezhold, Parks and Recreation Board President
Board Members absent: Michael Moffitt
Also present: Michael O’Shea, Park Superintendent and Joseph Wiszowaty, Town Manager, and Nicole Bennett, Attorney. Mike Aurelio, Town Council Liaison, was absent.
A. May 23, 2023 Parks and Recreation Board Study Session Minutes
B. May 23, 2023 Parks and Recreation Board Meeting Minutes
Ms. Sues made a motion to approve the May 23, 2023 Parks and Recreation Board Study Session Minutes. Ms. Toosley seconded the motion. The motion carried with 3 ayes and 0 nays.
Ms. Toosley made a motion to approve the May 23, 2023 Parks and Recreation Board Meeting Minutes. Ms. Sues seconded the motion. The motion carried with 3 ayes and 0 nays.
Mr. Beezhold asked Ms. Bennett if there were any concerns with the Impact Fee process and meeting the deadline. Ms. Bennett responded that the original timeline for preparation has moved forward quickly. Mr. Beezhold asked about any issued with the Freedom Fest. Ms. Bennett reported that she had provided the requested documents to Mr. O’Shea.
(Ms. Bennett left the meeting at 6:12 p.m.)
Discussion about the liquor licenses ensued.
Respectfully Submitted:
Anastasia Lowery, Recording Secretary
St. John Parks and Recreation Board
Approved This 25th Day of July, 2023:
___________________________________
David Beezhold, Parks and Recreation Board President
Board Members absent: Barbara Toosley
Also present: Michael O’Shea, Park Superintendent, Joseph Wiszowaty, Town Manager, and Nicole Bennett, Attorney. Mike Aurelio, Town Council Liaison, was absent during roll call.
Ms. Sues made a motion to approve the June 27, 2023 Parks and Recreation Board Meeting Minutes. Mr. Moffitt seconded the motion. The motion carried with 3 ayes and 0 nays.
(Mr. Aurelio joined the meeting at 5:10 p.m.)
This is a starting point with Pitbull through the end of the year, then begin programs in the spring through fall. He referred to the fee on the Agreement and that it would need to be approved by the Board. The program fee is $225.00 where the contractor would get $175.00 per skater and the Town would get $50.00. The advertisement of the program has started. Mr. Moffitt asked about background checks on these instructors. Mr. O’Shea responded that they had not done background checks on any of the instructors, but could. He also noted that these instructors work through a company. Mr. Wiszowaty suggested running background checks on any instructors working with the kids. Mr. Moffitt made a motion to approve the Independent Contractor Agreement with Pitbull Skateboarding pending legal review and revisions. Ms. Sues seconded the motion. Motion carried with 3 ayes and 0 nays.
Respectfully Submitted:
Anastasia Lowery, Recording Secretary
St. John Parks and Recreation Board
Approved This 22nd Day of August, 2023:
___________________________________
David Beezhold, Parks and Recreation Board President
Board Members absent: Barbara Toosley
Also present: Michael O’Shea, Park Superintendent and Nicole Bennett, Attorney. Mike Aurelio, Town Council Liaison, and Joseph Wiszowaty, Town Manager were absent.
Ms. Sues made a motion to approve the July 25, 2023 Parks and Recreation Board Meeting Minutes. Mr. Moffitt seconded the motion. The motion carried with 3 ayes and 0 nays.
Mr. Beezhold asked about the netting on the baseball fields at Civic Park. Mr. O’Shea confirmed that it is complete. He added that he is now getting some pricing on landscaping.
Respectfully Submitted:
Anastasia Lowery, Recording Secretary
St. John Parks and Recreation Board
Approved This 26th Day of September, 2023:
___________________________________
David Beezhold, Parks and Recreation Board President
Also present: Joseph Wiszowaty, Town Manager; and Michael O’Shea, Park Superintendent. Mike Aurelio, Town Council Liaison was absent during roll call.
(Mr. Aurelio joined the meeting at 5:04 p.m.)
Ms. Toosley stated that she’d like to see something more modern for the Veteran’s Memorial. Mr. Paszko asked the Board to share any ideas they may have and he could return with some new plans. Discussion about different ideas for the memorial continued. Mr. Moffitt asked if this was something that Olthof was proposing to build and if there is a cost to the Town. Mr. Paszko responded that Olthof Homes is willing to install much of the infrastructure needed in that space based on the final designs. There is a question as to who would be in charge of the maintenance of the park. It could be added to the Town Parks and Recreation or they could take it to the HOA ownership for the maintenance. That is a decision to keep in mind moving forward. Mr. Beezhold asked what Olthof was looking for from the Town and for the timing on the project. Mr. Paszko responded that it would be sometime in 2025. Mr. O’Shea stated that a Veteran’s Memorial is something the Parks and Recreation Board should do. Mr. Wiszowaty referred to the Veteran’s Memorial Park in Civic Park and suggested something for Police and Fire as a tribute to them. Mr. Aurelio suggested having access to the new park strictly off of 101st due to possible traffic. Mr. Paszko described why the best option for entry is through the subdivision. Mr. Paszko explained next steps in this process.
(Ms. Sues and Ms. Toosley left the meeting at 6:06 p.m.)
Mitch Day, Lake Hills – Public comment was provided with regards to Lake Hills Park.
Mr. O’Shea explained that the search for bid proposals has begun for the Parks & Rec Master Plan.
Respectfully Submitted:
Anastasia Lowery, Recording Secretary
St. John Parks and Recreation Board
Approved This 26th Day of September, 2023:
___________________________________
David Beezhold, Parks and Recreation Board President
Board Members absent: Barbara Toosley
Also present: Joseph Wiszowaty, Town Manager, Michael O’Shea, Park Superintendent and Nicole Bennett, Attorney. Mike Aurelio, Town Council Liaison was absent
A. August 22, 2023 Parks and Recreation Board Meeting Minutes
B. September 5, 2023 Parks and Recreation Board Study Session Minutes
Ms. Sues made a motion to approve the August 22, 2023 Parks and Recreation Board Meeting Minutes. Mr. Moffitt seconded the motion. The motion carried with 3 ayes and 0 nays.
Mr. Moffitt made a motion to approve the September 5, 2023 Parks and Recreation Board Study Session Minutes. Ms. Sues seconded the motion. The motion carried with 3 ayes and 0 nays.
Mr. Tortorici explained that they have six (6) events planned for the Christmas in the Park starting with the Festival of Lights on Black Friday with Fireworks. He reported on the Sponsorship status to date. He will blast the schedule of events following tonight’s meeting on social media. The program will be pretty much the same as years past.
The Youth Baseball lease is for 25 years approved on February 25, 2016 by the Town Council, and the President of Parks, as the lessors. Consideration for the lease, the St. John Youth Baseball agreed to pay $1.00 per year as well as making certain improvements at Heartland Park and provide public baseball programs for children. Specifically, the Town Council President signed the agreement on February 26, 2016, the Park Board President signed the agreement on February 26, 2016 and the St. John Youth Baseball Agent/Secretary signed the agreement on February 29, 2015. The Town Council approved the lease on February 25, 2016 with a vote of 5 to 0. The Park Board signed the lease on February 26, 2016 but the lease agreement is silent as it does not report whether or not this agreement was approved at a public meeting. Ms. Bennett specifically reviewed the minutes referenced on the contract as to approval by the Park Board and the Town Council. There are Town Council minutes from February 25, 2016 that indicate that the contract was considered and approved. After reviewing minutes throughout 2015 and 2016, there is no reference that the contract came before the Park Board for review at a public meeting.
The softball lease was entered on September 13, 2012 and was mirrored by baseball in 2016. It is for a 25 year term beginning September 13, 2012 to September 13, 2037. The rent on the softball lease is $1.00 per year plus certain improvements to Heartland Park and to provide public softball programs and related activities. The lease was executed by the Town Council President on September 26, 2012, Park Board President the same day, and the St. John Girls Softball President on September 26, 2012. In this agreement, there is a similar paragraph that references the approvals by the Town Council. It indicates that the agreement was approved by the Town Council at a public meeting on a day that is left blank. The lease also states that the Town Council approved the agreement by a vote in favor with a blank line with a vote against, again with a blank line. Nothing referencing what that vote was, possibly anticipating it would be filled in on the contract, but was not. The Town Council meeting from August 23, 2012, there is specific reference that the Town Council considered the initial lease and a reference in the minutes that it was considered and approved unanimously on August 23, 2012. On September 13, 2012 amendments were made to the contract, considered it a second time, and approved it at a public Town Council meeting. As for the Park Board, the contract is silent and the review of minutes over 2012 and 2013, result in no reference of consideration having been given to the contract, let alone to approve it. There are other items within the contract that are legally inaccurate with errors and inconsistencies, but pale in comparison to what is legal process is not followed here for either of these contracts.
Under Indiana law, the Town Council and the Park Board together are the governing agencies in these cases. Approval must be handled publicly at a meeting, properly advertised with a quorum, with a vote that is properly motioned and seconded, and a vote by a majority of the body. That is the legal requirement by the Indiana Open Door Law. It requires that all public agencies have to do everything in the public for review and consideration so the tax payers are aware. The action in considering, reviewing and approving these contracts, the Park Board and the Town Council together have the authority to lease public land. Specifically, the Park Board has the authority to lease not only its own property but there is this caveat under the law that allows for the Park Board to lease property that is owned by public agency if it’s in a park. Because the Park Board, as the entity that manages the funds that go to those parks, the law allows for the Park Board to contract to lease property owned by a town so long as it’s in a park. It allows the Board to do it without having to publish it in a newspaper and without going through the bid process that the Town would otherwise have to go through to lease property. The Park Board had the authority to enter into the contracts and had it been done properly the discussion would be different. The requirements under the Indiana Open Door Law requires that anytime the Park Board or the Town Council wants to enter into a contract and take official legal action that this has to be done both in a public meeting to approve the contract but to authorize the official member of the board to sign contracts. Official action is making any decision and taking final action, which is a vote by the body on any motion, proposal, resolution, rule, regulation, ordinance or order. In consideration with these contracts, because the Town Council and the Park Board together entered into the contracts as the lessors with these organizations, these procedures needed to be followed and assuming all of the other processes were done properly, the authority to proceed on this required approval by both bodies in a public meeting. After review, this was not approved by the Park Board, nor was it ratified at a later date by the Park Board in a public meeting following all requirements. The Indiana Open Door Law, as well as the case law of courts, have mandated that the failure of all contemplated parties to accept and to sign a written agreement or contract renders the agreement invalid. If the proper process is not followed, it’s not even a matter of then having this contract be something that can later be actioned or action be taken on, or that you’d have to do something to void it, it is an invalid and a void agreement. So the questions that have arisen about how these are affected today and what can or cannot be done with them, Ms. Bennett reported that it is as though these contracts never existed. Consequently, she proposed to the Board that they have the authority to lease or rent park land if it’s to a not-for-profit organization. Ms. Bennett recommended the Board make a motion in this meeting to accept her legal opinion and adopt that these agreements are void and invalid. That will open the door for the Board to figure out how to move forward, such as renegotiating with these same parties, new parties or no parties.
Mr. Moffitt addressed his concerns with the legal opinion provided and stated that he did not agree with it. Ms. Bennett clarified that the Town needs an enforceable agreement. Mr. Moffitt asked if the Board could approve the contracts now and keep it as is. Ms. Bennett confirmed that a contract could be ratified after the fact within a reasonable time and it would have to be ratified under current law. Ms. Bennett explained how the Board could move forward with new contracts. Mr. Beezhold asked about for-profit versus not-for-profit. Heartland Park is owned by Parks and Silverleaf is owned by the Town which may affect the legalities on who is contracting it out. Ms. Bennet explained that as for the Park Board leasing Town owned property that could only be to not-for-profits. Mr. Beezhold stated that he agrees with Ms. Bennett’s legal opinion and would also like to allow the leagues to finish their seasons. Mr. Beezhold suggested a Study Session with the ability to hold public comments, then work with Ms. Bennett to begin the process of moving forward with new contracts. Ms. Bennett responded that this process is for the protection of the Park Board, the Town and any parties associated with the agreements. A Study Session was scheduled for Monday, October 23, 2023 at 5:00 p.m. Ms. Sues made a motion to accept the legal opinion that the contracts are invalid. There was no second and the motion failed. Ms. Bennett explained that regardless if there is a motion, the contracts are void. Mr. Beezhold confirmed there will be a Study Session scheduled for October 23, 2023 at 5:00 p.m. and will allow for public comment.
REPORTS:
A. Town Manager – Mr. Wiszowaty reported that the fireworks contract for the Christmas in the Park is on the Council agenda for tomorrow for approval and the permit is received.B. Parks and Recreation Board Members
There were no Board Member reports.
Mr. O’Shea referred back to the Master Plan proposal and reported that according to his notes, the remaining balance on the Park Impact Fee should be $29,900.00 for what American Structurepoint has billed thus far, but will confirm. Mr. O’Shea will prepare an RTP for the next meeting.
Respectfully Submitted:
Anastasia Lowery, Recording Secretary
St. John Parks and Recreation Board
Approved This 24th Day of October, 2023:
___________________________________
David Beezhold, Parks and Recreation Board President
Board Members absent: Barbara Toosley
Also present: Joseph Wiszowaty, Town Manager, Michael O’Shea, Park Superintendent and Nicole Bennett, Attorney. Mike Aurelio, Town Council Liaison was absent
1. Public Comment for St. John Farmers Market
Noemi & Arnie Arazardy, Bean Me Up Roastery: Ms. Arazardy reported that this is first time being at a Farmers Market and that it was a great experience. She stated that the difference between the two (2) locations was the parking and that the people had a real parking lot to park. There were more vendors and more people.
Joe Hiemenz, Hiemenz Nursery: Mr. Hiemenz reported that he’d been with the market since the beginning. He explained that the move hurt him as he had a lot of regulars that come to him for plants each week and lost many of those. He reported that he is down by about 15 – 17% since the move. He understood it to be that some people just don’t go that far. He also added that there are a lot of new faces, therefore, potential new customers. He does prefer the new location overall.
Ashourrina Auz, Will It Waffle: Ms. Auz stated that it was phenomenal move and would recommend staying there. She also saw a decrease in sales. She also reported that she was directly impacted by the slope.
Chiara Andrzejewski, Bone Appetit: Ms. Andrzejewski reported that this is the first year doing the Farmers Market. She stated that having the bathrooms is great. She explained that the older individuals expressed that they like the old place better. Overall, she prefers the new location.
Mary Jo Skorupa, Between 2 Beaches: Ms. Skorupa stated that she’d been doing the market for about seven (7) years. She expressed difficulty moving mid-season having to drop the customers. She added that toward the end of the season, many of the customers and vendors stopped coming. She suggested possibly having a larger sign at the old location as well as increased communication to the community. She suggested some type incentive for the vendors to return. She stated that she prefers the old location for its small town character.
Doug Gutjahr, Crumbles-A Bake Shop: Mr. Gutjahr reported that this is his first year and appreciates being a part of the Market. He reported that he is directly in front of the entertainment and that had an impact. He ask that the volume be controlled, however, it does create an energy. He added the old location was at a busy intersection with all of the shoppers and the new location doesn’t have that activity.
Andy Vasquez, JNJ Organic Farm: Mr. Vasquez reported that he’d been doing this for 30 years and has been Market Manager at seven (7) different markets. Mr. Vasquez spoke with multiple attendees for insight and read the responses. Some attendees noted that the vendors were perceived to be angry. He stated that it takes about three (3) years after a move to increase sales.
Mr. Beezhold explained that the Board will consider the comments provided and make a decision at the Regular Meeting tomorrow.
1. Public Comment for Girls Softball Field Lease Agreement
Ryan Hallett, 11920 Louis Court, St. John: Mr. Hallett stated that he represents the St. John Girls Softball League and provided a background on his involvement. He added that the program participation has greatly increased. He noted that Mr. O’Shea and Mr. Beezhold had been providing additional assistance that they had not received in the past. He addressed particular sections of the previous agreement. He explained that they would prefer to keep the agreement the same, but would be open to look at any the changes the Town wants to make.
Oscar Martinez, 9216 Lee Place: Mr. Martinez reported that he’d been on the board since 2002. He provided a history of his involvement and the investment into the program. He described the process of developing a lease relationship with the Town. He reported that about 98% of the kids in the league are from St. John. He expressed the desire to continue this relationship with the Park Board and the Town. Mr. Martinez addressed the topic of liability insurance and they are self-insured, never needing to file a claim with the Town.
Mr. Beezhold summarized that Legal will review the Lease Agreement and create a draft to present to the League, ensuring that everything is done properly.
Mr. O’Shea referred to a proposal regarding lighting for the park location. He stated that they’ve kept a lot of what has been done in the past, as well as making some improvements for years to come. One of the main items would be RBG lighting, which is programmable and permanent lighting. He added that the proposal listed several different package levels available. This lighting would be used all year round. He noted that this plan would move the Town in the right direction. Mr. Tortorici reiterated much of the same information. He referred to a quote received for the Town to purchase all of the items and the quote is similar to what Nate’s Landscape provided. Mr. O’Shea referred to the Platinum Plus quote, which includes the RBG lighting and the professional and certified installation, with a 5 year warranty. Mr. Tortorici stated that new lighting would have to be purchased this year anyway. Upkeep costs were discussed. The other proposal packages were addressed to say the lights are updated, however, it would be for the Christmas in the Park events only. Mr. Beezhold stated that he will be entertaining a motion on this at the meeting tomorrow. Mr. Dravet stated that the internet would be used for remote control. The budget was addressed.
Respectfully Submitted:
Anastasia Lowery, Recording Secretary
St. John Parks and Recreation Board
Approved This 28th Day of November, 2023:
___________________________________
David Beezhold, Parks and Recreation Board President
Also present: Joseph Wiszowaty, Town Manager, Michael O’Shea, Park Superintendent and Nicole Bennett, Attorney. Mike Aurelio, Town Council Liaison was absent at roll call.
A. September 26, 2023 Parks and Recreation Board Meeting Minutes
Mr. Moffitt made a motion to approve the September 26, 2023 Parks and Recreation Board Meeting Minutes. Ms. Sues seconded the motion. The motion carried with 4 ayes and 0 nays.
Mr. O’Shea addressed the Hard Courts and the soccer fields as part 2 of the project. Mr. O’Shea stated that they received two (2) estimates to include alternate options and suggested proceeding without the alternate items, and the option of adding the alternates. Mr. Beezhold clarified those items they considered alternate.
(Michael Aurelio joined the meeting at 5:13 p.m.)
The alternate items and associated costs were discussed. Ms. Toosley made a motion to proceed with preparing the bid package for the Hard Courts and the Soccer Fields with the exclusion of the alternate options. Ms. Sues seconded the motion. Motion carried with 4 ayes and 0 nays.
Attorney Bennett asked the Board to return to the topic of the baseball meetings as one of the attorneys is not available on November 8th. The baseball league will be rescheduled for November 2nd at 7:00 p.m.
Mr. O’Shea referred to a document for the murals and asked if the Board would be interested in the murals. He added that he was considering two (2) spots, one at the entrance and the other the backdrop for photos.
(Mr. Wiszowaty left the meeting at 6:19 p.m.)
Ms. Toosley made a motion to approve the two (2) murals from Liubakka Studios for Christmas in the Park for a total amount of $2,350.00 and authorize Superintendent O’Shea to sign. Mr. Moffitt seconded the motion. Motion carried with 4 ayes and 0 nays. Ms. Toosley asked about reusing it each year. Mr. O’Shea explained that it is done on two (2) 4 x 8s, that can be folded and stored. Ms. Toosley asked of any of the lighting would affect any homes in the area. Mr. Tortorici responded that it would be no different than any other year.
A. Town Council Liaison – Mr. Aurelio thanked the Park Board for their bold vision. It is difficult to spend money, but sometimes things cost more to piecemeal in the long run. He added that, as the Town expands, to consider the acquisition of more property and referenced the property near Heartland Park.
B. Parks and Recreation Board Members
Ms. Toosley reported that the Lake Central High School holds a Veteran’s Day event on November 8th and read off the schedule of events. The featured speaker is Jim Furlong.
Ms. Sues congratulated the Parks team on the Boo Bash and the Farmers Market.
Mr. Tortorici thanked the Board for the continued support. Mr. Tortorici expressed the need for volunteers and sponsors for the Christmas in the Park.
Kathy Balicki, 10064 Olcott Avenue – Ms. Balicki addressed concerns with the expense for Christmas in the Park and other park expenses.
Respectfully Submitted:
Anastasia Lowery, Recording Secretary
St. John Parks and Recreation Board
Approved This 28th Day of November, 2023:
___________________________________
David Beezhold, Parks and Recreation Board President
Board Members absent: Cindy Sues
Also present: Michael O’Shea, Park Superintendent, Nicole Bennett, Attorney, and Patrick Tortorici, Recreation Coordinator. Mike Aurelio, Town Council Liaison and Joseph Wiszowaty, Town Manager were absent.
Mr. Beezhold provided opening remarks to explain the purpose of the meeting with regards to the lease. Mr. O’Shea noted that the Town was seeking a program that would benefit both parties and listed some specifics. Mr. Martinez assured the Board that the Town has always had access to the buildings and use of the fields when not in use by the organization. It was explained that a schedule is provided to the Town upon completion each year. Mr. Martinez explained that the organization has spent and continues to spend a lot of money on the upkeep of the fields and buildings. The weekly schedule was described. Mr. Martinez described the history of his experience with the discussions and planning throughout the organization with the Town. Mr. O’Shea brought up the topic of Parks paying for the electric and the water for the fields. A representative noted that there was the expectation that the Board was going to propose the language for the organization to review and discuss. Attorney Bennett suggested focusing on what the lease actually says or does not say. Attorney Bennett noted the lease only identifies Heartland Park, with an incorrect address, but fails to identify the fields and what is included. Attorney Bennett asked that everyone provide the day to day expenses for managing or maintaining the fields so all parties are aware of the full costs. It was noted that the sprinklers run off of a well. Mr. O’Shea addressed the question of who controls what, for things like the fences. Mr. Martinez responded that sometimes they’d ask the Town to help them out with repairs to the fence. Mr. Martinez stated that their biggest investment was in the fenced area which are fields one, two, three and four, to include the shed and the garages. They’ve accepted donations from other teams that used the fields for practice to be used to maintain the fields. Field five and the T-Ball field are shared and not included. Tournament opportunities were discussed. Mr. Beezhold informed the organization that the lease will not be a twenty-five (25) year lease. Discussion about safety and the concession stand ensued. The organization contracts with Deez Eats to run the concession stand. Deez Eats gives the organization a percentage of the proceeds earned. The organization provides the appliances, while the contractor provides the food and service. Deez Eats hires their own staff and provides liability insurance. Mr. Beezhold stated that the Board does not have this information and the response was that nobody asked. Attorney Bennett explained that there will need to be the sharing of information to come to some agreement. Mr. Martinez stated that the organization is Town ball and not travel ball. The representative stated that, next year, under a separate entity, they will be trying light travel with restrictions. The funds will not be comingled but will be under Girls Softball 501c. They set up a separate DBA to keep the bank funds separate, however, under the same entity. Attorney Bennett asked if it was done legally. Hanover Township, St. John Township and unincorporated area residents were discussed. Mr. Beezhold identified areas that St. John could annex over the years. Residency requirements were discussed. Executive Board members must be Town of St. John residents. Ms. Toosley asked if Parks makes any money off of the program. The response was that it does not. Mr. Martinez stated that the fee is used to cover the field maintenance. He added that the organization is a not-for-profit organization and does not make any money. Mr. Tortorici stated that the Park is not looking to take over the league, but so that the Town doesn’t experience a loss in the arrangement. Ms. Toosley stated that Parks does not get any tax dollars for Heartland Park and disagrees with Parks putting any money into the program. Field availability for rental option was discussed. The T-Ball field and field five were discussed and how communication is preferred when not in use by the leagues. Mr. Beezhold explained that Parks would have Attorney Bennett review the current lease, make adjustments based on discussions and asked the league to do the same on their end. Attorney Bennett addressed the lack of protection of the Town, the Board, the Organization and their members, in the current lease. Attorney Bennett referenced the Crown Point lease and explained some of the considerations. Financial information to be exchanged by Friday, November 10, 2023. Attorney Bennett stated that the Board needs to see the numbers for further direction toward a proposal, which will require a meeting. The Board requested talking points from the Organization as soon as they could provide it. As-builts of the buildings were requested.
Respectfully Submitted:
Anastasia Lowery, Recording Secretary
St. John Parks and Recreation Board
Approved This 28th Day of November, 2023:
___________________________________
David Beezhold, Parks and Recreation Board President
Board Members absent: Cindy Sues
Also present: Michael O’Shea, Park Superintendent, Nicole Bennett, Attorney, and Patrick Tortorici, Recreation Coordinator. Mike Aurelio, Town Council Liaison and Joseph Wiszowaty, Town Manager were absent.
Mr. Beezhold explained that the purpose of this session is to discuss the lease agreement from 2016 that was determined to be invalid per Indiana State Law. Mr. O’Shea explained that Parks would like to discuss ball field usage. He noted that there is nothing for Civic Park that he is aware of. A representative stated that there is a 2016 25 year lease for Civic Park with Steve Kil and Mike Forbes, the Park President, and Beth Hernandez. Mr. Beezhold requested a copy of that lease. Mr. O’Shea addressed the need to understand what expenses the Town is covering and what expenses the organization is covering. A representative provided some detail of what the organization covers at the Heartland Park and Civic Park fields. They have a manager that handles the concession stand with high school kids working it. Mr. Beezhold asked about the new association this year with the Indiana Bulls. It was explained to be a brand name change. The Tomahawks have been around for about ten years, but the Bulls North provides better opportunities with name recognition. The difference is that the Bulls will provide better exposure over a town team when trying to get recognized by college teams while staying in St. John. The change is an evolution in the program. The Tomahawks were losing kids to other programs that provide better opportunities. The Indiana Bulls is a not-for-profit organization. Mr. Beezhold asked if St. John Baseball was chartered with any organization, such as, Cal Ripken. They responded that they were, up until about four (4) years ago. Babe Ruth is part of the organization, but is still St. John Baseball. The Crown Point contract was referred to and explained in greater detail by their attorney. Mr. Beezhold asked about the Board set up. The response was that the Board is for both in-house and travel. Mr. Beezhold expressed a concern with the one Board for both and explained his concerns. Mr. Beezhold expressed concern with the length of the contract and that twenty-five (25) years is too long and would consider more of a ten (10) year lease, as the Town will experience growth. Mr. Beezhold expressed concerns with the not-for-profit status. Mr. Totorici asked if the organization would be opposed to having a representative of Parks on their Board. Attorney Bennett asked about the turf on the fields. They hire a retiree to mow the fields inside the fenced areas in both Heartland Park and Civic Park. Attorney Bennett asked about the Concession Manager and whether he manages the stands at both parks and has the food safety certification. The response was yes to both. Attorney Bennett asked if the concession stand at Civic Park was used for any other activities. Mr. O’Shea responded that it was not and that the Baseball organization has the key to the bathrooms as well. Otherwise the bathrooms stay locked. The possibility of automatic locks on the bathrooms was addressed. The organization clarified that they hire an outside company to clean the bathrooms at Heartland Park. The bathrooms at Civic Park are cleaned by the Town. Field rental management in Crown Point was described. Mr. Moffitt expressed concern with the idea of the Park Board attempting to take everything over. Mr. Beezhold asked if there is anything on the lease that they would want to change. They responded that they are happy with the lease as is. Mr. O’Shea brought up the utilities, which is about $6,400.00 so far for the year, but will share those numbers. The Babe Ruth field is about $1,000.00 for four months, so far for utilities. Mr. O’Shea does not have the electric numbers available yet as he doesn’t receive those invoices. Mr. Beezhold stated the lease is $1.00 per year, but if it is costing the Parks Department to operate those fields, it is an issue. Mr. Beezhold informed the organization that once the hard numbers are available, they will be shared and discussed. Mr. Beezhold told the organization that the Town will incorporate much of what the attorney presented for Crown Point, in a proposal. Attorney Bennett asked that any other expenses be identified. Mr. Beezhold addressed some issues with the driveway at Midwest and the parking and that temporary speed bumps will be considered. Mr. Beezhold asked the organization to provide financials by the end of next week, as well as any requests for the lease agreement, stating that the Town will do the same.
Respectfully Submitted:
Anastasia Lowery, Recording Secretary
St. John Parks and Recreation Board
Approved This 28th Day of November, 2023:
___________________________________
David Beezhold, Parks and Recreation Board President
