BOARD OF PARK COMl\flSSIONERS February 21, 2019 CALL TO ORDER

A regular meeting of the Board of Park Commissioners was held on this day at 950 Drive. Commissioners present: President Brad Lindner, Vice President Jim Goetz, Commissioner Kevin Flynn, and Commissioner Linda Lee Thomas. President Lindner called the meeting to order at 9:00 A.M.

Public Comments

There were no public comments.

Approval of Minutes

President Lindner motioned for approval of the January 17, 2019 minutes. Commissioner Thomas moved for approval. Commissioner Flynn seconded the motion. Motion passed by vote.

STAFF RECOGNITION

Cincinnati Parks' Natural Resource Manager/Interim Division Manager, Dave Gamstetter, was recognized for his 30 years of service at the Cincinnati Park Board and congratulated on his retirement.

Director Walcutt presented a resolution recognizing Mr. Gamstetter and extending the Board of Park Commissioners' best wishes on the occasion of his retirement. A roll call vote was taken. The resolution passed unanimously.

Mr. Gamstetter was presented with a rendering of "Gamstetter Grove," which will be created in celebration of his career and legacy at the Cincinnati Park Board, made possible by the Cincinnati Parks Foundation.

President Lindner presented a Mayoral Proclamation highlighting Mr. Gamstetter's accomplishments and proclaiming February 21, 2019 "Dave Gamstetter Day" in the City of Cincinnati.

STAFF APPOINTMENTS

Director Walcutt recommended to appoint Craig Sherman, who was selected to serve as the Park Board's Chief Financial Officer. Vice President Goetz moved to appoint Mr. Sherman as the Park Board's CFO with a start date of Monday, February 25, 2019. President Lindner seconded. The motion passed by vote.

OLD BUSINESS

Bramble Park: Declaration of Restrictions Steve Schuckman explained the Clean Ohio Fund requires the land area grant funds are administered to be restricted as greenspace. He explained this restriction poses no issue for the Park Board or intentions with the land area.

Commissioner Flynn asked if there were other areas nearby that a restroom or trails could be constructed. Mr. Schuckman clarified the area north of the restricted area is relatively flat and could accommodate future structural needs.

President Lindner motioned to accept the Declaration of Restrictions as presented. Commissioner Flynn seconded. The motion passed by vote.

Commissioner's Comments

Vice President Goetz had comments regarding the proposed music venue at Riverfront Lots 23 & 28. Mr. Goetz asked has the Park Board, or does the Park Board intend to, contract with Sasaki and Dave Prather (KZF) for the development of the plans for the music venue site. Director Walcutt indicated the Park Board does not have funds to contract Sasaki. Additionally, the overall plan for is not yet a done deal between the City and County and the outcome of the music venue project is not certain. Mr. ·walcutt explained an update was provided to the Foundation's Executive Committee as well as their Board of Directors, who voted to enter into negotiations with Sasaki.

Vice President Goetz asked why funding for the design of the Lot 23 park is being done through the Foundation rather than the Park Board. Director Walcutt answered the Park Board does not have funding budgeted for a contract with Sasaki and the Foundation raises money specifically for Smale Riverfront Park and has available funds, which the Foundation Board voted to commit to this project.

Vice President Goetz expressed concern regarding this approach. Mr. Goetz requested if money is being spent and/or contracts are being made for a public park, it should go through the Park Board. Director Walcutt interpreted the MOU to allow the Park Board to work with the Foundation on design services as had been advised previously by the City Law Department on a similar project.

Vice President Goetz asked if there was a contract with Dave Prather/KZF. Director Walcutt confirmed the Park Board manages a contract with Dave Prather/KZF, which needs to be reevaluated.

Commissioner Thomas expressed she shared the same concern. She expressed her commitment to ensuring alignment with the MOU and felt this project was aligned. She said moving forward, projects should be evaluated to determine whether they fall inside or outside the boundaries of the MOU.

Commissioner Flynn expressed understanding that, as a relatively small addition to the existing park, the project would not go out to bid. He said, with the assumption the current contract with Sasaki is through the Park Board, perhaps the Foundation could provide funding via a grant to the Park Board or the Sasaki contract could be amended to reflect the Foundation's involvement. Vice President Goetz proposed Parks staff look at the potential of bringing in a consultant to review the backlog of deferred maintenance and capital and maintenance requirements for the coming years, and asked that staff provide a proposal for this item.

Commissioner Flynn suggested using the same consultant as the Cincinnati Recreation Commission. Mr. Flynn emphasized the credibility a third-party quantifier would offer the Park Board when presenting capital budget needs to City Council.

Vice President Goetz made a motion to ask Parks staff to provide a proposal to the Park Board for a consultant to help review deferred maintenance and determine capital/maintenance requirements. Commissioner Flynn seconded. The motion passed by vote.

NEW BUSINESS

Hats Off Luncheon Update

Jennifer Spieser, Executive Director of Cincinnati Parks Foundation, introduced Jennifer Buchholz and Carrie Carothers, Co-Chairs of the 13th Annual Hats Off Luncheon who provided an update on the 2019 event.

Deer Management

Jim Godby, Parks District Crew Leader, presented current deer management practices of the Park Board and a vision for future practices and improvements for the program. Mr. Godby explained the successes of the deer management program and environmental need for population control/reduction, as well as techniques used to quantify and reduce populations. He also described strategies that could increase harvest levels, while reducing and/or eliminating park closures and keep park users safe.

Potential strategies for eliminating/reducing park closures were discussed, including allowing hunting to take place during regular park hours, which would not diminish safety or increase the Park Board's liability. Mr. Godby explained the proposed hunting schedule will still need to be presented to the Parks Director and be approved by the Park Board. Vice President Goetz requested if the Park Board can move toward reducing closures for deer management, it be included in the staff recommendation to the Board.

Director Walcutt confirmed the reduction of closures in parks and emphasized the reduction in program costs because of the grant opportunities associated with the sharp shooting program.

President Lindner asked if other parks systems allow use of the parks and bow-hunting simultaneously. Mr. Godby answered State parks and Hamilton County Parks allow this, but there are differences in the number of members of the public using those parks. Mr. Godby expressed he does not believe there is an increased safety threat by implementing this in Cincinnati's parks. Commissioner Flynn mentioned engaging butchers as partners to provide venison to food banks in the city. Mr. Godby explained Farmers and Hunters Feeding the Hungry is paying processing fees for the sharp shooting program this year.

Commissioner Thomas asked what measures the Park Board could take to ensure public awareness of hunting in the parks. Mr. Godby answered there are postings in parks and on the website. There have also been notices in print and news media, and notifications at the CPAC meetings. He explained getting the message out as early as possible is key. Rocky Merz explained use of social media for messaging, but there is room for improvement for communicating different hunting schedules for different parks. Mr. Merz also explained educating the public on the reasons for hunting and deer management in the parks would be useful.

Natural Resources Management Plan

Dave Gamstetter presented the most recent draft of the Cincinnati Park Board Natural Resource Management Plan, which calls for cost-benefit analysis of services derived from urban forests, parks, and greenspaces; nature-based solutions for communities' resilience; reduction of public health risks through street trees; social cohesion and reducing crime; and equitable distribution of tree canopy.

Commissioner Flynn mentioned many of the communities in the management plan are tax increment financing (TIF) districts, where taxes are collected for public improvements within those neighborhoods. He emphasized regaining some control over determining what "public improvements" are and being able to utilize TIF funding for urban forestry in neighborhoods where it is available, rather than general funds. Mr. Flynn also mentioned a restricted fund for Gateways within the City's financial statement, and he asked if that money could be available for Parks use or public service.

Commissioner Thomas emphasized the health impact of trees and how this angle could provide opportunities for future funding.

Fee Increase: Krohn Conservatory

Jenny Mobley provided an overview of Krohn Conservatory's events/shows and reputation as a well-recognized attraction within the City of Cincinnati. Mrs. Mobley presented the current fee structure of Krohn conservatory as well as market research, staff experience, and cost-benefit analysis data to support fee increases. She made a recommendation to increase General Admission, Premier Show Admission, and Membership Fees based off of this research and presented increase in revenue based on a $2.00 and $3.00 increase. She emphasized by increasing fees as presented, Krohn Conservatory would become self-sufficient, freeing $225,000 of the City's general fund budget. She explained the increased revenue could also fund capital improvements at Krohn and the fees have not been increased since implemented in 2012.

President Lindner asked if there was a drop-off assumption for membership fees, to which Mrs. Mobley replied she had not calculated that. A 10 % drop off was included for admission fees. Director Walcutt presented the possibility of a portion of the membership fee going directly into a capital improvement account, if it is of interest to the Park Board.

There was discussion regarding value of the membership at the proposed increased prices, additional benefits, and potential for criticism from existing members or the community.

Commissioner Flynn suggested accepting the recommended increase in fees, provided additional benefits are added to membership, for example, discounts at the gift shop.

Commissioner Thomas motioned to accept the $3 increase as presented. Commissioner Flynn seconded. The motion passed by vote.

Budget Item: Private Endowment

Ray Claytor, Parks Accountant, presented a budget correction for the 2019 PE Budget and recommended a PE budget adjustment in the amount of $17,166 for the $15,000 Spring Releaf Fund and the $2,166 Washington Park Fund.

Commissioner Flynn suggested revisiting the Washington Park Fund in the future since there is a separate allocation in the City budget for Washington Park.

Vice President Goetz motioned to approve the adjustment to the PE Budget as presented. Commissioner Flynn seconded. Motion passes by vote.

Budget Item: Tax Law Review

Director Walcutt described a recent change in Ohio State tax law that could impact the tax­ exempt status Park Board endowments trusts, and the need for further review of those trusts to remain in compliance with IRS standards. Resolution #2019-0002 was presented, which authorizes the engagement of Taft Law to perform the referenced legal services for an amount not to exceed $15,000.

A roll call vote was taken, and the resolution passed unanimously.

Budget Item: Explore Nature Program

Director Walcutt presented a proposed budget adjustment of funding from the Parks Foundation to the PE budget to fund Explore Nature! programming, which include Nature Next Door and PNC Grow Up Great programs.

Vice President Goetz asked if the funds were received by the Park Board before the MOU was put in place. Jennifer Spieser clarified the funds were transferred in the last few months, before the end of 2018. Mr. Goetz asked why this would not be a net zero in the PE Budget, since money coming in would be a credit to the PE fund and the impact to the fund should be zero. Jennifer Spieser confirmed the funds were reimbursement for previous expenditures. Vice President Goetz motioned to approve receipt of the $110,920 from the Foundation, but to wait to approve the budget adjustment. Commissioner Flynn asked if these funds would remain in the endowment. Mr. Goetz explained previous expenditures came out of the Commissioners Fund and this would be a reimbursement. Commissioner Flynn seconded the motion. The motion passed by vote.

Budget Item: Special Use Fee Waiver Grant

Division Manager Rocky Merz reminded the Park Board of the Special Use Fee Waiver Policy and the interest of the Parks Foundation and United Way to participate and help ensure the revenue impact for the Park Board is neutral. Mr. Merz made the recommendation for the Park Board to authorize the application and acceptance of $15,000 committed from the Parks Foundation, which includes $10,000 from the Foundation and $5,000 provided by the United Way to the Parks Foundation for this purpose.

Commissioner Flynn suggested tracking the Special Use Fee Waiver program on the fiscal year.

Commissioner Thomas asked if this program was meant to be revenue-neutral, how events at the end of the year will be accommodated once program funds are depleted. Mr. Merz explained this funding is intended to sustain the program for its first year, and the program can be re-evaluated at the close of the event season to understand costs, revenue impact, and if the program would continue or be adjusted.

Commissioner Goetz suggested the funding for the program should not be deposited into Fund 326, as recommended in the report, but rather into the Commissioners Fund where it should be held until waivers are approved, then funds should be transferred to Fund 326.

Commissioner Flynn motioned to accept application and acceptance of Parks Foundation funds for this purpose. Commissioner Thomas seconded. Motion passed by vote.

INVESTMENT COMMITTEE

Vice President Goetz provided an update from the Investment Committee including the most recent endowment account balance as of the end of January, which was $18,185,000. He explained the investment committee will be working on simplifying the endowment structure and eliminating some funds to improve how they are invested and to reduce fees.

DIRECTOR'S REPORTS/COMMENTS

Director Walcutt thanked Commissioner Flynn and Vice President Goetz for their help on the investment committee and assisting the Park Board while the CFO position was vacant.

Director Walcutt provided personnel changes in February and status report on major park projects.

Vice President Goetz asked, in regards to the Bicentennial Commons at Sawyer Point park enhancement/capital improvement update, why initial design funding from the Board of Visitors (BOV) endowment fund, for which the Park Board is the beneficiary, will go to the Parks Foundation. Jennifer Spieser answered the funds are administered through the Greater Cincinnati Foundation (GCF) and indicated it was her understanding they prefer to distribute the funds to a 501(c)3, or the Parks Foundation. She explained the Parks Foundation would contract the design work in coordination with the Park Board and funds would be distributed to the Park Board for physical work via a grant application to the Foundation, which is presented in a public meeting.

Jennifer Spieser confirmed Parks Planning & Design team is at the table for all design work through the Foundation, and that the Foundation contracts two design firms, which is permitted through the MOU.

Christine Zimmer, SeniorAssistant City Solicitor, clarified tax deductible donations can be made to the City per the revised code.

Vice President Goetz expressed concern regarding the Parks Foundation's role in design contracts, alignment with City procurement and processes, and remaining transparent during this process. He expressed concern regarding the concept of the BOV distributing money to the Parks Foundation when the Park Board is beneficiary of the endowment fund. Mrs. Spieser suggested the Parks Foundation could disclose to the Park Board what they hope to do in entering into design contracts, follow the MOU, and make it known in a public meeting. Director Walcutt reemphasized the importance of transparency in this process and involving the Board of Park Commissioners and City Law Department to ensure alignment with the MOU and the law. Mr. Goetz expressed the importance of setting the correct precedent for design projects involving the Foundation.

Commissioner Flynn requested an official legal opinion from the City Law Department to address why design work in a public park would not need to go through the public bidding process, versus physical work. Christine Zimmer confirmed the Law Department will provide formal legal opinion. Vice President Goetz requested clarity from the BOV regarding reasoning for only distributing funds to a 50l(c)3.

Commissioner Flynn asked where the revenue from the sale of the Showboat Majestic will reside. Steve Schuckman answered likely in the Park Program Improvement Fund 752.

Mr. Flynn expressed he will be advocating for ADA compliance to be covered in the City capital budget, rather than the Parks' capital budget. He said having an understanding of Parks' capital needs would quantify what it will take for Parks to reach ADA compliance.

Director Walcutt presented upcoming Park Board events.

Mr. Walcutt explained the City's 15% budget reduction exercise most City departments were asked to take part in, as well as Parks' work on that exercise and preparation for the FY 2020 budget. The budget reduction exercise is due March 13, and the City understands it is subject to approval of the Board of Park Commissioners at the meeting on March 21.

COMMISSIONER'S COMMENTS Commissioner Flynn requested the Board of Park Commissioners attend Board training with the City Law Department on ethical and fiduciary obligations of serving on a public board.

Mr. Flynn requested a presentation on the contract with Premier Park Events at a future meeting. Jenny Mobley explained the PPE contract is up at the end of 2019 and Parks staff is currently drafting a new request for proposals, and evaluating the scope of services to see what adjustments should be made. Mr. Flynn suggested notifying other providers of the RFP.

Vice President Goetz presented a Financial Report reflecting all City funds and Capital Budget accounts and the approved budget for each, plus expenditures, encumbrances, budget balances, and overall fund balances.

Next Park Board meeting is scheduled for March 21, 2019.

President Lindner motioned to adjourn.

Meeting adjourned at 12:24 P.M.

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