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Friday, January 6, 2017 BOARD OF PARK COMMISSIONERS OF THE CLEVELAND METROPOLITAN PARK DISTRICT FRIDAY, JANUARY 6, 2017 Cleveland Metroparks Administrative Offices Rzepka Board Room 4101 Fulton Parkway Cleveland, Ohio 44144 8:00 A.M. – REGULAR MEETING AGENDA 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PRESENTATION OF JOURNAL ENTRY - APPOINTMENT OF PARK COMMISSIONER BY PRESIDING PROBATE COURT JUDGE ANTHONY J. RUSSO 4. ORGANIZATION OF THE BOARD Page 01 - President - Chief Executive Officer/Secretary - Vice President - Chief Financial Officer/Treasurer - Vice President - Counsel 5. ADOPTION OF 2017 BY-LAWS Page 02 6. MINUTES OF PREVIOUS MEETING(S) FOR APPROVAL OR AMENDMENT • Regular Meeting of December 22, 2016 Page 82808 7. NEW BUSINESS/CEO’S REPORT a. APPROVAL OF ACTION ITEMS i) GENERAL ACTION ITEMS (a) Chief Executive Officers Retiring Guests(s): Page 04 • Kathleen Danko, Administrative Specialist 2 Page 04 • Bernadette Madden, Golf Clubhouse Supervisor Page 04 • Andrea Nagy, Grounds Maintenance Page 05 • Daniel J. Veloski, Chief Ranger Page 05 (b) Designation of 2017 Legislative Consultant Page 06 (c) Professional Services Agreement – RFQ 6197 – Cheetah Exhibit - Design Services – Cleveland Metroparks Zoo Page 07 (d) Professional Services Agreement – RFQ 6197 – Red Panda and Snow Leopard Exhibit – Design Services – Cleveland Metroparks Zoo Page 09 (e) Brecksville Reservation: Authorization to Submit Grant Application and Commit Funds Page 11 ii) TABULATION AND AWARD OF BIDS: RECOMMENDED ACTION RELATED TO ALL BIDS: Page 13 (a) Bid #6235: Various Uniform Apparel Page 14 (b) Bid #6044: Testing and Repair of Backflow Preventers, and Emergency Water System Repairs Page 16 (c) Bid #6242: Estimated 2017 Postage Page 17 iii) PURCHASES PURSUANT TO BY-LAW, ARTICLE V Page 18 iv) CONSTRUCTION CHANGE ORDERS Page 19 b. APPROVAL OF VOUCHERS AND PAYROLL – Resolution No. 17-01-001 Page 20 8. OLD BUSINESS None 9. INFORMATION/BRIEFING ITEMS/POLICY a. Chief Executive Officer’s Employee Guest(s): • Christine Steiger, Recruiting Manager Page 21 b. 2017 Cleveland Metroparks Website Redesign Page 21 c. Cleveland Metroparks History Moment: The Origins of Cleveland Metroparks Page 21 10. PUBLIC COMMENTS 11. DATE OF NEXT MEETING Regular Meeting – Thursday, January 26, 2017 Cleveland Metroparks Administrative Offices Rzepka Board Room 4101 Fulton Parkway, Cleveland, Ohio 44144 JANUARY 6, 2017 PAGE 1 MEETING OF THE BOARD OF PARK COMMISSIONERS JANUARY 6, 2017 ORGANIZATION OF THE BOARD. RECOMMENDED ACTION: That the Board of Park Commissioners nominate: President: ____________________________ Vice President: ____________________________ Vice President: ____________________________ APPOINTMENT ACKNOWLEDGEMENT: That the Board of Park Commissioners appoint: Chief Executive Officer/Secretary: __________________________________ Chief Financial Officer/Treasurer: __________________________________ RECOMMENDED ACTION: That ___________________ be nominated as President of the Board for 2017, and further, to nominate _______________ and _______________ as Vice Presidents of the Board for 2017; and further, to appoint Brian M. Zimmerman as Chief Executive Officer/Secretary and to serve in his official capacity on the boards of the Destination Cleveland, Cleveland Neighborhood Progress, Flats Forward and Northeast Ohio Sustainability Community Consortium; and further to continue the appointment of Karen Fegan as Chief Financial Officer/Treasurer. APPOINTMENT OF COUNSEL: Pursuant to Article 5, Section 2(b) of the By-Laws, a Request for Proposals (RFP #5949) was issued for legal services on October 25, 2016 for a term of one year with the ability for four, one- year renewals. A review of the proposals was conducted based upon the following categories: (1) Statement of Capability/Biographies; (2) Prior Work History; (3) Compensation/Billing Rate; and (4) Diversity and Inclusion. The firms listed below are recommended by staff. JANUARY 6, 2017 PAGE 2 RECOMMENDED ACTION: That the Board of Park Commissioners appoint the following law firms for 2017: 1. Thompson Hine LLP as General Counsel of the Board, at the rate of $270.00 per hour for attorneys ($250.00 per hour in 2014, 2015 & 2016); $183.00 for the time of non-lawyers, i.e., paralegals, law clerks and other non-lawyers ($170.00 per hour in 2014, 2015 & 2016); 2. Zashin & Rich Co., LPA Labor Relations & Employment Counsel at the rate of $270.00 per hour for partner-level attorneys ($245.00 in 2014, 2015 & 2016); $245.00 per hour for associate-level attorneys ($225.00 in 2014, 2015 & 2016); and $125.00 for the time of non-lawyers, i.e., paralegals, law clerks and other non-lawyers ($110.00 in 2014, 2015 & 2016); Employment Defense Litigation Counsel at the rate of $270.00 per hour for partner- level attorneys ($245.00 in 2014, 2015 & 2016); $245 per hour for associate-level attorneys; $125.00 per hour the time of non-lawyers, i.e., paralegals and law clerks ($110.00 in 2014, 2015 & 2016). Disclaimer: Zashin & Rich agrees to perform this work at whatever the agreed upon rate was with the applicable carrier. Rate would also never exceed the agreed upon non-insurance CMP/ZR rate; Workers’ Compensation Counsel, at the rate of $215.00 per hour for partner-level attorneys ($215.00 in 2014, 2015 & 2016); $185 per hour for associate-level attorneys ($185.00 in 2014, 2015 & 2016); and $110.00 for the time of non-lawyers, i.e., paralegals, law clerks and other non-lawyers ($110.00 in 2014, 2015 & 2016); 3. Reminger Co., LPA as Defense Litigation Counsel at the rate of $165.00 per hour for partners ($165.00 per hour for partners in 2014, 2015 & 2016); $145.00 per hour for associates ($145.00 per hour for associates in 2014, 2015 & 2016); and $110.00 per hour for the time of non-lawyers, i.e., paralegals and law clerks ($110.00 per hour for the time of non-lawyers in 2014, 2015 & 2016); 4. Mazanec, Raskin & Ryder Co., L.P.A. as Defense Litigation Counsel at the rate of $165.00 per hour for partners ($165.00 in 2014, 2015 & 2016); $145 per hour for associates ($145.00 in 2014, 2015 & 2016); and $110.00 per hour for the time of non- lawyers, i.e., paralegals, law clerks and other non-lawyers ($110.00 in 2014, 2015 & 2016); 5. Nicola, Gudbranson & Cooper, LLC as Workers’ Compensation Counsel at the rate of $181.00 per hour for attorneys ($181.00 per hour in 2014, 2015 & 2016), $110.00 per hour for the time for paralegals ($110.00 in 2014, 2015 & 2016), and $75.00 for legal assistants and law clerk; 6. McMahon DeGulis at Environmental Projects Counsel at the rate of $250.00 per hour for partners, $210.00 per hour for associates and $170 per hour for paralegals and law clerks; JANUARY 6, 2017 PAGE 3 7. Brennan, Manna & Diamond Criminal Prosecution at the rate of $80.00 per hour attorneys; Public Sector at the rate of $250.00 per hour for partners; $210.00 for associates and $110.00 per hour for paralegals and law clerks; Defense Litigation Counsel at the rate of at the rate of $165.00 per hour for partners; $145.00 per hour for associates; and $110.00 per hour for the time of non-lawyers, i.e., paralegals and law clerks. Disclaimer: Brennan, Manna & Diamond (BMD) agrees to perform this work at whatever the agreed upon rate was with the applicable carrier. Rate would also never exceed the agreed upon non-insurance CMP/BMD rate; General Matters at the rate of $250.00 per hour for partners; $210.00 for associates and $170.00 per hour for paralegals and law clerks; ADOPTION OF 2017 BY-LAWS. RECOMMENDED ACTION: That the Board of Park Commissioners adopt the 2017 By-Laws as reflect on pages 22 to 28 . DECEMBER 22, 2016 82808 MINUTES OF THE BOARD OF PARK COMMISSIONERS OF THE CLEVELAND METROPOLITAN PARK DISTRICT DECEMBER 22, 2016 The Board of Park Commissioners met on this date, Thursday, December 22, 2016, 8:00 a.m., at the Board’s office, 4101 Fulton Parkway, Cleveland, Ohio. The roll call showed President Debra K. Berry, Vice President Dan T. Moore, and Vice President Bruce G. Rinker, to be present. It was determined there was a quorum. Chief Executive Officer, Brian M. Zimmerman, Chief Financial Officer, Karen Fegan, and Chief Legal and Ethics Officer, Rosalina M. Fini, were also in attendance. APPROVAL OF MINUTES. No. 16-12-204: It was moved by Vice President Moore, seconded by Vice President Rinker and carried, to approve the minutes from the Regular Meeting of December 8, 2016, which were previously submitted to the members of the Board, and by them read. Vote on the motion was as follows: Ayes: Ms. Berry, Messrs. Moore and Rinker. Nays: None. FINANCIAL REPORT. Chief Financial Officer, Karen Fegan, presented a Comparative Summary of Revenues & Expenditures 2016 vs. 2015 Year-To-Date, for the Month Ended November 30, Schedule of Accounts Receivable, Encumbrances and Investments Placed, as found on pages 82841 to 82843 and they were filed for audit. DECEMBER 22, 2016 82809 ACTION ITEMS. (a) Commissioning of K-9 Creed (Originating Sources: Daniel J. Veloski, Chief Ranger/Captain Sean T. Flanigan/ Captain John Betori) The Ranger Department selected its first handler and trained its first police K-9 in 2002 when Captain Sean Flanigan and his partner, Radar, became the agency’s first K-9 team. Since that time, the K-9 Rangers have proved to be valuable additions to the team, helping to keep the Cleveland Metroparks community safe. Creed, an eleven-week old German Shephard, is the newest addition to the Cleveland Metroparks Ranger Department’s K-9 Unit. He was donated to Cleveland Metroparks by Tom and Kathy Schmidt of Schmidts of Macedonia. Creed will serve as a dual-purpose patrol and narcotics detection dog. Today the Ranger Department's state and nationally-certified police canines - Logan, Rico, Chase, Tyson, and the newest addition, Creed - are used to locate missing persons, apprehend fleeing suspects, detect illegal drugs, and detect explosives in northeast Ohio.
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