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HomeMy WebLinkAboutPRB 1985-11-12 Minutes , ~ CITY OF NpRTH RICHLAND HILLS Parks and Recreation Board of the City of North Richland Hills, Texas. November 12, 1985, at 6:30 p.m. Council Chambers, Municipal Complex, 7301 Northeast Loop 820. BOARD IN ATTENDANCE . David McGilvary, Chairman J. Douglas Davis, Vice Chairman Don Tipps Bob Fenimore Ron Parks BOARD NOT IN ATTETIDANCE: Wade Parkey ALSO IN ATTENDANCE . Dave Petika, Director, P&R Jack Giacomarro, Parks Superintendent, P&R Jim Browne, Recreation Coordinator, P&R Ron McKinney, Personnel Director, City of NRH Ken E. Graves, Commissioner, NR Girls Softball Assoc. Duane Hickman, Fire Saf ety Education, 13RH Fire Dept. R. T. Matson, 8016 Valley Drive, NRH, TX 76180 MEETING CALLED TO ORDER: Mr. McGilvary, Chairman, at 6:34 p.m. APPROVAL OF MINtTTES . Motion was made by Mr. Davis to approve and accept the minutas as submitted of the October 1, 1985 Board meeting. Motion was saconded by Mr. Fenimore. Vote was unanimous in favor of the motion by those in attendance at the October 1, 1985 Board meeting. (Mr. Parks, new Board Member, abstained from voting.) NEW BUSINESS . Mr. McGilvary introduced Mr. Ron Parks as the newest Pa~ks Board Member to the Board and to those in_attendance. Mr. McGilvary asked that each Board Member introduce themselves, as well as the staff of the Parks and Recreation Dept. The Chair entertained for a motion to be made to have Item 4l3 moved to Item 4E1. Mr. Fenimore made a motion that Item 4~3 be moved to Item 4~1. Mr. Tipps seconded. Vote was unanimous in favor of the motion. ITEM 3: Mr. Ron McKinneg, Personnel Airector, City of North Richland Hills Mr. McGilvary recognized and requested Mr. McKinney to advi~e the Board as to the availability and necessary considerations concerning liability insurance for user groups in the City parks. Mr. McKinney reaffirmed the specific discussion items concerning general liability insurance policies, which the Board desired him to discuss. - Mr. McKinney's understanding was that the Board's desire was to gain information on (RYA) gaining a liability insurance policy nasning the City of NR~I as an additional insured to provide the City with some 2 protection against a liability which might occur to one of their participants during a sporting event. Mr. McGilvary explained that this request was not specifically to the RYA, but intended for any user group desiring use of park facilities. Mr. McGilvary read from the Parks and Recreation Department i3ser Contract Agreement for use of City parks, Policy III, Articles 1-4. Mr. McGilvary stated the Board's need was to know what type of insurance is needed for those user groups. Mr. McKinney referred to Policy III, Articl.e 2. from the contractual agreement concern3ng mandatory insurance for participants involved in sporting activities. Mr. McKinney stated that there are two (2) Cypes of policies available, the first being a liability policy (this being name only, since there is no such thing as a market for a liability policy which will insure participants in.a sporting event, whether they are involved formally or informally in that the second type being an athletic accident policy which can be purchased in a group forni for groups such as the RYA or NRGSA (Richland Youth Association or North Richland Girls Softball Association). Mr. McKinney stated it was his belief that these groups had received bids for this type of policy, citing the NRGSA had contacted him about an accfdent policy which was a supple.mental not a primary policy. Mr. McKinney stated he had contacted the City's broker who had examined the market and could not find a company which would provide a comprehensive liability policy which covers participants, spectators, instructors, engaged in any athletic activity coritest, sport, practice or physical training. He also stated that the City's General Liability Policy specifically excludes those persons from coverage under the City's policy. - Mr. McKinney stated he was not present at the prior meeting in which the Board asked these groups to acqui.re an insurance policy and whether the Baard's intention was to require a policy which provided the City with some additi~onal protection from a potential future liability suit from some accident which might occur or if the Board was telling these associations that their participants were not covered under the City's policy and that they needed to acquire an athletic accident policy to protect their participanCs. Mr. McKinney stated that the market place for this type policy was diminishing. Especially in regards to municipalities. Mr. McGilvary stated that the Board's original intent was to protect the City from s liability. Mr. McKinney stated that the City's policy covered everything except sporting event participanta and instructors. Mr. McGilvary asked if the non-participante are already covered under the City's policy. Mr. McKinney verified this and explained that there is no additional cost to the citizens for this protection. Mr. McKinney explained that a negligence factor of at least 50~ was necessary before the City assumed any liability. The cause o€ the injury would have to be due to negligence on the part of the City. Mr. McRinney e~cplained that the nature of a sporting event did not lend itself to an assignment of negligence, to the City, due to the actual playing of the event with the excludion of facility conditions (hole i.n the field, etc.). Mr. McRinney stated that the need for an additional liability policy to protect Che City was not as great as the need for an athletic accident policy for the participants, who might be injured in the couse of the activity. He sCated he thought most groups had this type af policy. 3 Mr. McGilvary asked Mr. Petika and Mr. McKinney if other groups were required to have an athletic accident policy. Mr. Petika asked Jim Browne to inform the Board of a group contacted earlier in the day. Mr. Browne explained he had eontacted the Edgecliff Youth Association and that they did in fact provide a supplemental type of athletic accident policy by their own self-motivation and concern for their participants. Mr. Petika, with permission from the Chair, asked Mr. McKinney for claification on the following items 1. The participants are not covered under our (City of NRH) policy 2. The spectators are covered under the City's policy 3. If the organization desires to cover their participants and the Board requests it, then that type of policy is available. Mr. McKinney confirmed this assessment and clarified that the specific policy would cover medical costs due to in~ury on a supplemental basis. Mr. Petika stated that the Board needs to determine if this is the type of palicy the Board intended originally. If so, then Mr. Petika stated to the Chair that he had erred in the original contract in which he stipulated an insurance policy requiring protection for spectators and participants. Mr. Fetika recommended to the Board that the word "spectators" be deleted from the stipulation appendix of the contract. Mr. McGilvary stated that the Board needed to determine if this was their intent. Mr. McKinney commented as a parent and citizen that he could see a great deal of validity in requiring an insurance policy to protect children involved in sporting activities. It was his opinion that this protection should be required of the youth associations especially for children who might not be covered by their parent's policies. Mr. Ken E. Graues, Coumiissioner, North Richland Girls Softball Assoc. stated that his organiaation has two types of coverage. One being ~a policy to cover his travelling ~eams which costs $80/team/year, this would inelude coaches and any parents involvefl with the team during transportation, games, exposure, etc. The second type of insurance covers participants/team for a six month period. Each team pays for its own insurance policy. These policies are for six months at $38.00 to $58.00 per team, based on age brackets. This insurance policy is suppleznental type athletic accident policy. Mr. McGilvary inquired as to whether or not a City requirement for insurance would be prohibitive and if Mr. Graves felt that other organizations should be required-to have insurance. Mr. Graves responded that it is not prohibitive barring unforeseen financial difficulties, and he would like to see other organizations provide this coverage for their participants. Mr. McGilvary asked Mr. Graves if he would include an insurance requirement in a user contract. Mr.. Graves responded affirmatively, stating that he would like to see the kids covered. Mr. Graves concluded with an invitation to all the Board and Staff to see the girls play next season. Mr. Davis recalled Mr. McKinney to the podium to answer questions. Mr. Davis asked, "if it was true that almost anybody can sue anybody for anything". Mr. McKinney responded that his assessment was correct and does occur. Mr. Davis inquired as to what could be done about it. Mr. McKinney stated that there is no insurance to prevent one from 4 being sued. A determination would have to be made if the City had any liability for negligence in an athletic program. Mr. Davis asked if there was any terminology which could be 3ncluded in the contract to help prQteet the City. Mr. McKinney responded negatively stating that this is often done in the form of waivers, but that these are not really worth the paper they are written on. Becuase you are asking someone to waive their right to a future liability the City might have. This is not really a valid document, although the parents might think so, and would not hold up in a court of law. Mr. McGilvary stated that the Board needed to discuss and determine their original intent. Mr. Tipps coimnented that obtaining insurance be stressed and that the Board's position be to recommend the groups obtain insurance. Mr. Tipps suggested the word "require" be deleted from the user contract since it was feeling the Board cauld not require a group to purchase insurance. Mr. Tipps asked Jim Browne if the adult softball program could have been conducted with an insurance requirement placed on the team. Mr. McGilvary and Mr. Petika explained that the adult sports leagues were City Recreation Department sponsored activities and bound by Department policies not a user contract. Jim Browne explained that our programs use the City's general liability policy and that, first, we inform the teams and participants that we do not provide insurance for the individual teams or players, and secondly, that if the teams desire individual insurance they must provide it. Mr. Browne explained that insurance companies have a diff erent fee schedule for adult athletic in~ury policies as opposed to youth policies, since the cost of insuring is proportional to the age of participants and the degree of risk involved. Mr. Browne stated that an insurance requir~aent for adults would be cost prohibitive. Mr. Fenimore stated that requiring insurance for youth user groups would protect the children who did not have any coverage. Mr. Tipps responded that he felt it should be up to each team to gain insurance based on the Board's recommendation. Mr. Fenimore respanded that teams would probably not obtain insurance. Since a ma3ority (7 out of 10) might already have insurance, and they could vote against getting insurance which would still leave those three kids unprotected. Mr. Fenimore cited an example concerning a child who was struck by Iightning and was not covered. Mr. McGilvary recognized Mr. Browne who stated that even though the City has ageneral liability insurance, it is our duty to try and encourage every avai.lable precaution to protect the citizens as well as the City. Mr. Browne reminded the Board of the principle of "sue all wrongdoers" and the "deep-pocket doctr3ne" in which a person sues everybady invalved as well as those who are the biggest (the City). Mr. Browne suggested that those considerations be taken into account before determining whether or not to require independent accident insurance for participants. Mr. MeGilvary called for a motion concerning the wording of policy III, Article 2. and clarify that an athletic accident insurance policy would not prevent lawsuits that might occur due to negligence. Mr. Fenimore stated that if a requirement for insurance was included in the contractual agreement and an accident occurred, with the child being covered, there would be less likelihood of the City being sued. Mr, McGilvary concurred with this statement, but also questioned if it was necessary for a child insured on his/her parent's policy to purchase a~upplemental pol~cy at $4.00 per child to pay for costs not covered by the parent's policy. Mr. Petika assisted the Board by sugge~ting that the wording be changed Co read "it is advised that tesms provide their own participant insurance". • . 5 Motion was made by Mr. Tipps to change the wording of Policy III, Article 2, to read "It is advised that teams provide their own participant insurance." Motion was seconded by Mr. Davis. Vote unanimous in favor of the motion. Mr. Duane Hickman, Fire Safety Officer, NRH Fire Department briefed the Board on the joint venture that the Fire Department and the Parks and Recreation Department were undertaking. The project is a babysitting clinic/seminar. The course is being given to give boys and girls the training on child care, fire safety, pediatric care and general care. The Parks and Recreation Department has funded this project and will help in sending out press releases and €urnishing the Community Center for this seminar. There are several guest speakers for this clinic. The course is designed to get the most benefit from given information to each participant. There are approximately 3-4 schools to be planned during a calendar year. Mr. Tipps suggested that Mr. Hickman see him, as he is one of the counselors at Richland Senior High School. Mr. Davis made a motion that the Board give the Babysi~ting Program its full support. Mr. Parks seconded. Vote was unanimous in favor of the motion. ITEM 1: Mr. R. T. Matson, 8016 Valley Drive, NRH, 76180 Mr. McGilvary recognized Mr. Matson, representative from the A.A.R.P. Mr. Matson informed the Board that a NRH Chapter of the A.A.R.P. was formed recently and their first organizational meeting was at Glenview Drive. Mr. Matson infoxmed the Board that to continue meeting there, they te11 us there would be a charge. Mr. Matson stated they meet once a month on a Wednesday for about two hours from 10 AM to 12 Noon. Mr. Matson requested the Baard to waive that charge and let them meet - for free. Mr. Davis asked Mr. Matson who he had spoken with. Mr. Matson replied, "Down there at the Co~unity Center, they tell us there is a $35.00 an hour charge, and we'd have to pay that to meet there each month". Mr, Davis again asked Mr. Ma.tson who he had spoken to. Mr. Matson replied he wasn't sure, that he was here on behalf of Mr. Thrasher who is the Association Presideat. Mr. McGilvary recognized Mr. Petika who explained that the charge was not $35.00 an hour. Mr. Petika went on to clarify the facts concerning this situation: 1. The City has a 5enior Citizen's Center which is free to the users, currently we have a very fragmented senior citizen program and we are trying to bolster that program, not only for individuals, but for all groups. 2. If the A.A.R.P. would affiliate themselves with the forsning Senior Citizen Center, then they could be sanctioned by our senior citizen program and use the facilities free of charge. Mr. Petika explained that currently there are several different factions using the Senior Citizen Center. Mr. Petika stated that the A.A.R.P. is a very good group, but the Board had established fees. If the A.A.R.P. is not going to be sancitoned by the City as a part of the senior citizen program, then they have to, unless the Board acts differently, pay the fees. The fees set by the Board cannot be overridden by staff. . , 6 Mr. Petika addressed Mr. Browne as to the current fees at the Community Center. Mr. Browne informed the Board that fees are $15.00 per hour per room. Mr. Petika explained this would be waived if the A.A.It.P. became part of our sanctioned senior citizen program through active partieipation. Mr, Tipps asked if the $15.00 per hour fee was for anyone who desired to rent a room. Mr. Petika acknowledged this as correct. Mr. McGilvary clarified this to be with exception for people associated with the seniar citizen program. Mr. McGilvary asked what would be necessary for this group to affiliate with the senior citizen program. Mr. Petika stated that it is very simple, since we are trying to build the program at the Senior Citizen's Center. We have had a volunteer director for two months and Tarrant County Senior Citizens have cut-off the lunch program since nabody was taking advantage of that program, we have a group that plays dominoes, and three ladies that come to quilt. The rest of the time that volunteer director sits there. So what we are trying to do is spur the interest of all senior citizens to use that faeility. If these people would drop by once or twice a . week and paxticipate in pro$rams, then they could be sanctioned and use the other f acility free. Nir. Tipps asked Mr. Matson how many members do they have. Mr. Matson replied that they had 49 members, and they were continuing to grow. Mr. ~tson stated that they could not use the Bursey Road lacation since it was too small. Mr. Davis asked how many senior citizens were members of both groups (senior citizens and A.A.R.P.). Mr. Matson did not know. Mr. Davis discussed the f ees for membership in A.A.R.P. ($5.00 per year/$35.00 ` for eight years). Mr. Matson stated he thought that our volunteer senior citi2en director and her husbnad were A.A.R.P. members. Mr. Davis stated that he thought if all the members of both organizations wanted to meet, he did not think there would be a problem. Mr. Petika zesponded with Chair's approval, that he realized the Bursey Road Senior Citizen Center was too small fox large meetings, but if this group {A.A.R.P.) would make use of the other programs at this facility, then they would be sanctioned and could use the Glenview facility at no cost, but if Chey anly come and meet at Glenview without using the Senior Citizen Center, they must pay the fee. Mr. Matson stated that he was a charter member of the Senior Citizen Center and could see the Center from his house. Mr. Tipps inquired as to why both organizations could not become 3ust one. Mr. Matson did not know why, but stated that they were two different groups. Mr. Petika e~cplained that use of the Senior Citixen Center was free and by utilizing this facility, they could use the Co~uMity Center free of charge. tie also explained that due to a lack of psrticipatioa, the free lunch program was cut-off. Mr. Matson stated that he heard you had to sign up one day to get the lunch the neart day and that he did not know any one up there that needed a free lunch. Mr. McGilvary stated that the lunch programs' purpose was fellowship. Mr. Petika concurred and cited other programs such as fire saf ety classes and a hawaiian luau. Mr. Davis reiterated the Board's policy €or free use of the Coauaunity Center. Mr. Matson said he would find out how many A.A.R.P. members were also Senior Citizen Center members. Mr. McGilvary suminarized by sayin~ we would love for the A.A.R.P. to use the Senior Citizen facility mare that it already is and if he could encourage the A.A.R.P. to particip~te once or twice a week at the Senior Citizen Center, then there would be no problem in moving , . ~ down to the Community Center on Glenview to use one of the large meeting rooms once a monCh for their meetings, free of charge. Mr. MeGilvary recommended that Mr. Matson work with the Staff and and the Volunteer 5enior Citizen Director to meet this objective. Mr. Petika stated that active participation is necessary since the Senior Citizen Center is c~stlyfor the City to set up and maintain. Mr. Matsan stated he would see what he could find out as far as A.A.R.P. members' participation at the Senior Citizen's Center. Mr. Fenimore stated that Mr. Petika would be glad to go to the Senior Citizen Center and explain the Board's position. Mr. McGilvary affirmed this and asked for the A.A.R.P.'s coaperation. ITEM 2: Jim Brawr?e, Recreation Coordinator, Parks & Recreation Aepartment briefed the Board on upcoming events. - The Babysitting Program, to take place on January 24 and 25. - Energy savings program from Texas Electric Service Company, "Conservation in the Home" at 7:30 p.m. on November 18 at the Community Center. - In January, 1986, an association for softball officials and hosting a school for officials. ~ Dave Petika, Director, Parks & Recreation Department, requested the Boards to be available to go to Fossil Creek Park to welcome the Seabees. Erin's Food Market will be providing the Seabees' lunches from their delicatessen. The 5enior Citizen Center has a weekly schedule of the following programs: Quilting Music Crafts Blood Pressure Checks Ceraznics podiatrist by Appointment Dominoes Dr. Krupp Deceznber 12, one of the Parks and Recreation workers, Alex Nakooka, will be putting on a luau, teaching the senior citizen the hula. Jack Giacomarro, Parks Su erintendent, Parks & Recreation De artment stated that the City is responsib e for t e Sea ees ese ue . The Parks crew has been planting crepe myrtles on Harwood and when planting is over 150 crepe myrtle will have been planted blooming in colors of red, pinic, white, pampass grass wi11 also~be planted. Alot of time has been spent at Northfield with the erosion problem. The Richfield Concession had been burglarized and vandalixed. Also the RYA had parked a motorscooter inside of the Concession. The City has remodelled, repaired and repainted the concession Stand. 8 Fossil Creek's Cancession is being redone by the North Richland Girls Softball Association by installing air conditioning, plexiglass in the windows. Mr. Petika added that the State had approved State matching funds for the beautification pro~ect of state/city owned property to reach a total af approximately $50,000.00 Mr. Tipps asked that the Board work with supporting and providing space at the new Community Center for the Nartheast Fine Arts League. (The space at the new Community Center would be rented.) Mr. Fenimore made a motion that the Board support and provide rental space at the new Community Center for the Northeast Fine Arts League. Mr. Tipps seconded. Vote was unanimous in favor of the motion. ITEM 4: Mr. Nea1 McCombs, Board Member, spolce with Mr. McGilvary and resigned ~ from the Parks Board due to other committments. Mr. Fenimare made a motion that the Parics Board request the City Council to replace Mr. McCombs' in the Parks Board. Mr. Parks seconded. Vote unanimous in favor of the motion. Mr. McGilvary advised that a letter wnuld be sent to Mr. McCombs thanking him for his years of service to the Parks Board. ~ '4 ADJOURNMENT . Motion was made by Mr. Tipps for adjournment at 8:06 p.m. Mr. Fenimore seconded. Vote was unanimous in favor adjournment at 8:06 p.m. ~ i ~ 'T.C- , Gin G. Gonzale Recording Secretary ~